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HomeMy WebLinkAbout01/02/1990, 2 - REVISION OF THE CITY'S SEWER USE ORDINANCE TO PROVIDE AN ADEQUATE COMPLIANCE MECHANISM FOR THE CITY January 2- lgqn �`�Illl�p�l�llllll�llIII City Of SM- LUIS OBI SPO - MEETING DATE: Hftga aNui� COUNCIL AGENDA REPORT STEM NUMBER: A FROM: William T. HetlandPrepared by: John E. Moss Utilities Director V1Wastewater Division Manager SUBJECT: U Revision of the City's Sewer Use Ordinance to provide an adequate compliance mechanism for the City's Pretreatment Program. CAO RECOMMENDATION: Introduce ordinance to print amending City Sewer Ordinance as recommended. BACKGROUND: In 1982, the City was required by the Environmental Protection Agency (EPA) and the State of California Regional Water Quality Control Board (CRWQCB) , to establish and implement an industrial pretreatment program in accordance with Code of Federal Regulations (40 403 .8. ) . The City did establish the pretreatment program and is undergoing revision of the program in order to meet new Federal requirements. In October 1988, the City's pretreatment program was submitted to the State and EPA for review and approval. At that time it was determined by the EPA and CRWQCB that the City's existing ordinance was inadequate to provide the City with the needed compliance mechanism for enforcement of the pretreatment regulations. In June 1989, the EPA and the State performed a pretreatment program audit which placed the City on a compliance schedule for implementation of the needed changes. In addition to the compliance schedule, certain provisions contained in the revised ordinance, e.g. authority to impose penalties of no less than $1, 000 per day per violation (13 . 08. 390 of the revised ordinance) , were required. Key elements of change in the ordinance are: expanded definitions to better clarify terminology used in the ordinance. - clarification of prohibited discharges. - enforcement authority if pretreatment and other privately owned wastewater facilities are not properly maintained. - provides administrative authority to establish compliance schedules for industrial users not in compliance (Enforcement Protocol) . - provides administrative authority to assess all costs to industrial users resulting from unlawful discharges. 11I111111NIIII121111L city of san tuffs owspo COUNCIL AGENDA REPORT ewer Ordinance Revision January 2, 1990 Page 2 - provision of civil and criminal penalties of not less than $1, 000 per day per violation. - provision of additional administrative authority for enforcement and regulation of industrial users. It should also be noted that the process of revision, submittal, review and approval of the City's pretreatment program is on- going. As changes in the City's pretreatment program are made, these changes are required to be submitted to the EPA for review and comment. As a result of this, staff anticipates that future modifications to the pretreatment program will be required. ALTERNATIVES: 1. Introduce ordinance to print amending the City' s Sewer Ordinance as recommended. This alternative will bring the City into compliance with the Federal regulations under 40 CFR 403.8 in as far as these portions of the City's pretreatment program have been reviewed by the State and the EPA and their comments have been incorporated into this document. This alternative will also provide the City with an adequate compliance mechanism for implementation of the Pretreatment program. 2. Take no action on this item at this time.. This alternative could result in enforcement action being taken by the EPA or the State for non-compliance with the requirements of the Code of Federal Regulations. CITIZEN PARTICIPATION: Notification of the public hearing on January 2, 1990 during the scheduled meeting of the City Council, requesting that Council introduce to print the revised ordinance, was provided to all currently permitted industrial users by mail. An ordinance synopsis will be published prior to final passage of the ordinance allowing sufficient time for interested citizens to obtain the full text of the ordinance and comment or respond in writing. CONCURRENCES: The City attorney's Office has assisted in making the proposed changes to the ordinance and concurs with them. CONSEQUENCES OF NOT TARING THE RECOMMENDED ACTION: By not taking the recommended action, the City may be subject to I enforcement action by the EPA or the State of California for non- compliance with the provisions set forth under 40 CFR 403.8 . 0�w 42 I���►����►IIIIIIIIP�q�IU MY Of San iUs s OBISPO COUNCIL AGENDA REPORT January 2, 1990 Page 3 FISCAL IMPACT: Sections 13.08.390 and 13 . 08.400 will provide the City with the authority to impose fines on industrial users who violate the provisions of the ordinance of not less than $1, 000 per day per violation. There are no other significant fiscal impacts. RECOMMENDATION: Introduce ordinance to print amending City Sewer Ordinance as recommended. ATTACHMENTS: 1. Ordinance 2. Legislative draft of Articles II through VI of the Sewer Ordinance 3. Revised Articles II through VI of the Sewer Ordinance 4. Ordinance synopsis 5. Letter notifying industrial users of the public hearing JM:bja carord.wp I �2- 3 ORDINANCE NO. (1990 Series) C AN ORDINANCE OF THE COUNCIL OF THE CITY .OF SAN LUIS OBISPO AMENDING MUNICIPAL CODE CHAPTER 13. 08, ARTICLES II THROUGH VI, OF THE SEWER ORDINANCE BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Title 13, Chapter 13 . 08, Articles II through VI. of the Municipal Code is amended to read as follows in the attached legislative draft: SECTION 2 . A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published at least five (5) days prior to its final passage in the Telegram-Tribune, a newspaper published and circulated in said City, and the same shall go into effect at the expiration of thirty (30) days after its said final passage. A copy of the full text of this ordinance shall be on file in the office of the City Clerk on and after the date following introduction and passage to print and shall be available to any interested member of the public. INTRODUCED AND PASSED TO PRINT by the Council of the City of. San Luis Obispo at the meeting held on the day G of-f 1990. On motion of , seconded by and on the following roll call. vote: AYES: NOES: ABSENT: MAYOR RON DUNIN ATTEST: PAM VOGES, CITY CLERK APPROVED: CITY A INISTRATIVE OFFICER FINANCE DIRECTOR C� OTW ATIO AY UTILITIES DIRECTOR Chapter 13 .68 SEWERS Sections: Article I. Sewer Connection 13 . 08 . 010 Fee required prior to permit issuance for newly annexed territory. 13 . 08.020 Computation of fee. 13 .08 . 030 Exemption of outstanding bonds from fee determination. 13 . 08.040 Main extensions to customers other than subdivisions - Terms and conditions. 13 . 08 . 090 Use of existing sewer Payment of costs prior to sewer connection permit issuance. 13 . 08. 100 Design standards- Conformance with required. Article II. Discharges 13 . 08. 110 Purpose and scope. 13 . 08. 120 Definitions. 13. 08. 130 Stormwater and unpolluted drainage. 13 . 08. 140 Prohibited discharges. 13 .08. 150 Federal categorical pretreatment_standards - Applicability. 13. 08. 160 Grease, oil and sand interceptors 3.08. 16$ of€went linitatiems premelgated by the Federal: L.I..ter .T-1 1-.itie eent a et i3 .*08. i7e Grease, eil and saneintereepters . • 13. 08. 170 Pretreatmentfacilities 33. 98 ee P•retreatment _r___ , , _- 13. 08. 180 Control manhole. 19 M ;gam 13.08. 190 Measurements and tests. 9 3 - 98 ..280 Meas ireme is and tests- 13..08.200 Drainage below -curb and below main sewer level , 1 OS •1111 pre-went Speee!�A agreements. 13. 08.210 Powers and authority of inspectors. Drainage below eurb andbelow main sewer level. 13. 08.-220 Permit-Recruired-Term-Transfer. Revocation-completion of an Industrial User's Survey required !3 . 98.239 3nn239 inspeeters.. 13 . 08.230 Reporting requirements for permitees , 3. 06 259 permitees 13 nn nen I-ndtts't r tai-Use T1s--Surre 13 . 08.240 Confidentiality - Public. Disclosure TJX. '8ZQV Genfidentialityptiblie . Article III. Charges and Fees 13 .08.250 Determination-User Classification 11 nA 244 e�ainat3en User Gl. st rd .__.a.: �et C, 13 .08.260 Use of revenues nT7--vV-T� Use e r revenues 13-88.-2-8a ,.ll Artlee =4c' les and rfegu at Septie Tank Gleanings 3 7'7Tnn 2:7 1T . 9� Unlawful previded in this ehapter. 13. 98. 328 13. 08. 330 Stmping permit and fees , 'f n n 3 A Y Article IV Rules and Regulations Governing the Disposal of Septic Tank cleanings (New Provisions) 13. 9&.350 A& tlLA - . 13 .08.270 Unlawful to dump on land -13-n40 previded in this ehapter 13. 08.280 Unlawful to dump into city collection system except -as provided in this chapter.. 13. 98i,3:78 Dumping-mreqtt�ati -- 13..08.-290 Dumping regulations. 1 3 .17. 08. 380 Dumping permit-- .,.d egym.L - A C--_ 13. 08 .300 Dumping permit and fees Article V.. "rtlele Vl Enforcement 13 . 08. 310 Unlawful discharges 13. 08. 320 Issuance of .cease and desist orders 13. 98.498 lestianee-of eease-and desi 13 . 08:330 Submission of time schedule 3:3 . 66. 410 1 11 0 A l /1 d,u l .. zTvv� xv S1ib38t99i9�2�€�i�-9E�icrn_girt ed when 13 .08. 340 Appeals 13-.9 8 .42 0 Article VI. ]trtiel .. fTTT. Abatement and Penalties 13_08 .350 Use of provisions 13 . 08-. 439 Use ef previslens 13..08..360 Declaration of public-nuisance 14769.446 769AAA _ 13 .08. 370 Injunctive relief T. 1 .TC1 A(1 iAGA iuet -- -s..a--- when 'C^ JV n_ji 13 . 08 .380 Assessment of cost 33= 99.469 13. 08.390 Civil penalties 33. e8.4g6 13 .08.4.00 Criminal penalties 13 .96.489 eriminal -penalties 13 . 08.410 Falsifying information 13-.-96 -'49'9 ..Fal sifying nrs_-at= -n . 13.08 .420 Termination ofservice i3.9899 Teminatien e€ a_ery= J -7 C� Article II . 13 . 08 . 110 Purpose and scope . A. T e These orovisions eeelified in this artiele set forth standards and regulations governing discharges into the publicly owned treatment works (POTW) for the city . These standards and regulations enable the city to comply with all applicable state and federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations ( 40 CFR , Part 403 ) . B . The objectives of E;tig cid-ere these provisions are : 1 . To prevent the introduction of pollutants into the POTW which will interfere wit- the operation of the POTW, including interference wit'r. the use or disposal of municipal sludge ; To pret,e^_t the. introduction of po' l-tants into the POTW which will pass through the system inadequately treated or ot:^erw_se be _ncomnat:ble with the system; To improve opportunities to recycle and reclaim :aastes�aters and sledges fro..; the system; 4 . To protect POTW personnel from exposure to hazardous chemicals . CC . _._ e+e T^ese . mrovisions provide for the regulation of direct and indirect contributors to the POTW through the issuance of permits to industrial users , pretreatment and reporting requirements for permittees , monitoring and enforcement of noncomDliance. 13 . 08 . 120 Definitions . The following words shall have the following meanings : A. "Authorized representative" means any of the following a principal executive officer of at least the level of vice president if the Industrial. User submitting the reports is a corporation; ( 2) a general partner or proprietor if the Industrial User submitting the reports is a partnership or sole proprietorship respectively; ( 3) a duly authorized representative of the individual designated. in ( 1 ) or ( 2) if .such representative is responsible for the overall operation of the facility from which the discharge originates . B. "Biochemical. Oxygen Demand (BOD) " means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure and expressed. in milligrams " per liter (mg/1) . C " 1 C . "Categorical pretreatment standard" means the national pretreatment standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged to a POTW by existing or new Industrial Users in specific industrial subcategories . 6 "Nonelemestie stestewater" 9teeng ..._ t _.._ _ _ a-y enter E3`2 ran nermai sase#-La _..-_ crem feteila- - __-ani D . "City" means the City of San Luis Obisoo . _ "Director" :'Carl'-; the ii} _ i.i t=C':S D-4 -'ector ot. -heClty of San :.uis Ob sno or his daw au* '-or zed rep--esentative . Anv — no':ce reauired to be a;ven to t:^_e Director s^ail be delivered to the Director at 955 Morro Street , San Luis Obispo , or as ot'-e=^wse directed .--- --- ------- -- ":;O-eStiC wastewater" -.eans water bearina only those - wast-es derived `ro- the ordir.ary V_i. arocesses and of such character asto�oermiit _satiS'facto_ry disposalto , and treatment in, the POTW. G . "Crease" means all fates grease, oil , wax o_r_other tr _chlorotrifluoroethane soluble matter of animal , vegetable, petroleum or mineral origin. H . A- "Industrial user" means a person who discharges nondomestic wastewater into the city sewer system. I . B- "Industrial user ' s survey" means a questionnaire (and related process) used by the city to identify and categorize industrial users and the characteristics of their wastewater discharge . J . "Infectious waste" means any waste material or article which harbors or may reasonably be considered to harbor any type - of microorganism helminth or virus which causes or significantly contributes to increased -morbidity or mortality in human beings . K. "Interference" means an inhibition or disruption of the POTW, its treatment processes or operations, or its sludge processes use or disposal which is a cause of or significantly contributes to either a violation of any requirement of the POTW' s NPDIES Dermit ( including an increase in the magnitude or duration of a violation) or to the prevention of sewage sludge use -or disposal by the POTW in accordance with the following statutory Dro"visions and regulations or permits issued thereunder (or more stringent State or local regulations) : Section 405 of the -Clean Water Act, the Solid Waste Disposal Act ( SWDA) (including Title II more commonly referred to as the Resource 2 �- 9 CConservation and Recovery Act (RCRA) and including State regulations contained in any State sludge manacrement plan prepared pursuant to Subtitle D of the SWDA) the Clean Air Act , and the. Toxic Substances Control Act . L. "Natural . outlet" means any outlet into a water course_ gond, lake or other body_of surface or around water . M. "New Source" means any._cuildinr. , structure , facility or installation from which there is or may be a dischara_e lu_tan_ts , t'ne_const_ructio^ of which com:_.iencec after t^s _publication of or000sed ?retreatment Standards under section 3O7 ( c ) of-the Clean water Act which Will be aADi_Cable to such source if such standards are thereafter promulgated in accordance_ with that section, provided that ( 1 ) the building, structure , facility or installation is constructed at a site at which no other—source is locatedL_or 2 ) the building, structure , facility or installation totally replaces the process or r)roduction eauiDm_entthat causes the discharge of Dollutants at an existing source __or 31 the production of wastewater�. generating processes of the building, structure, faci.l.ity or installation are substantially independent of an exists_n�source at the same site. N . "Pass-through" means the -discharge of pollutants to the POTW in quantities or concentrations which are a cause of or significantly contribute to a violation of any requirement of the POTW' s_ NPDES permit ( including an increase in the magnitude or duration of a violation) . 0 . "Person" means any individual , firm, company, association society, corporation group governmental agency or educational institution. P. "Publicly Owned Treatment Works (POTW) " means city owned sewer system, including sewer pipes within the city that convey wastewater to the treatment plant , the treatment plant , sewer pipes that convey wastewater to the treatment plant from persons outside the city who contract with the city to use the sewer system, and related facilities . Q. "Significant Industrial User (SIU) " means any industrial discharger subject to federal categorical Dretreatment standards or any industrial discharcrer_ that (.1 ) discharges 10 ,000 gal per day or more of process wastewater ; ( 2 ) contributes 5 percent or more of the average dry weather hydraulic capacity of the treatment Plant; ( 3) discharges either continuously or intermittantly to the POTW process wastewaters containing priority pollutants as determined through analytical procedures or reasonable technical judgement; or (4) has a reasonable potential in the opinion of the Director, to adversely affect the POTW treatment plant. 3 R. "Stormdrain" means a sewer which is designed to carry storm and surface waters and drainage rather than sewage or industrial. wastes. S . "_Tonic or -poisonous" means any solid, liquid or gas `n such avant'V t:?at alo-e or in combination. with: Other _waste substancesmav create a nazard for humans , animals or the local environment , 'ntertere W- th sqw e treatment processes , cause a nuisa=e r ca use any nazarcious condition to occur i -'-':e ,ewe-age --%,s-tem _. T . "Wastewater treatment plant (WWTP ) " means city- owned and operated sewage treatment plant . 13 . 08 . 130 Stormwater and unpolluted drainage . St_ ac�r'Tire:erter and e14 "pe4l.,eted drnage _ t.-. a _- s as _ --__ c. 1 Zai eles1gnat'e d A4 - Otf1TNN- �.f�W Pi a -# to _. .._._t.tra at tlet _..gypreyed i5y tL- v - p 1p ` repriate permits fre"t ell ies--nrcry—b-'e—Mr-equi red by the. eity artel shall be obtained by the applieent . . (Gi 942 . 1 , (part ) , 1982- erd . 99 A. No person shall discharge or cause to be discharged any stormwater , surface water , ground water , roof runoff , subsurface drainage, uncontaminated cooling water or unpolluted_ process waters other than to those sewers designated. as stormdrair_s or to a natural outlet approved by the Director . Anbrooriate permits from all affected nublic agencies may be required by the city and shall be obtained by the applicant . B. No person shall discharge or cause to be discharged any. sewage , garbage, rubbish, .rubble or otherwise polluted water to any stormdrain or natural outlet . 13 . 08 . 140 Prohibited discharges . A. It shall be unlawful for an -industrial user to discharge pollutants into the. POTW: 1 . Without a permit ; 2 . When such with a properly issued wastewater discharge permit , pollutants are not covered by that permit; 3 . Where such pollutants would cause- the POTW to violate its NPDES permit.. B. !kc Except as hereinafter provided, no person shall 4 i Odischarge or cause to be discharged any of the following described waters or wastes to any sewers: 1_ Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit into the sewer and in no case higher than one hundred and four degrees Fahrenheit at introduction into the wastewater treatment plant ; n . r_ ` _ m� lii Q2 wilh<r_ L salt _stater : b. Bispersed grease; elther them seep• exeess erfive L i _L ftet f4eatable- 9 . benzene , fiael , liquid, or et 9ejjd or gas whieh the PeT-;4 has 2 . Anv waters or wastes containing oil and grease such that the dischar e results in a stoppage, plugging, breakage, significant obstruction .to flow or any other damage to or increased maintenance of sewers or sewerage facilities . No person shall dis_charae oil and crease which results in pass- through. 3 . Ary ;iauids solids or gases which by reason of their nature or quantity are or may be. sufficient either alone or by , interaction with other substances to cause f.ire or explosion or be injurious in any other way to the POTW or- to the operation of the system. At no time shall two successive readings on a combustible gas meter, at the point of discharge into the sewer system be more than five percent ( 5%) nor any single "reading over ten percent ( SOA;) of the Lower Explosive Limit (L.E .L. ) . Prohibited materials include, but are not limited to gasoline , kerosene naptha benzene, toluene , or xylene; 4 . Any solid or viscous substance, including but not limited to unground garbage, feathers , ashes , cinders , sand, polishing compounds, resin beads, metal , glass , straw; rags, spent grains or hops, wood, plastic, mud, shavings or manure which may cause obstruction to the flow in sewers or other interference with the proper operation of the POTW; 5 . 6.. Any waters or wastes having pH lower than six or higher than nine, or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the POTW; 6 Any water added to a wastewater discharge for the sole purpose of dilution as a means to achieve compliance with any pretreatment standard .or local discharge limit ; 5 4 . Any staters er itastes ean'taining et e'r t -___ a Lite -1 i�it t -tet - p retreatment--stenel_ 9ttehat'Eent�ion or • remt_ ==r3—�-�+�anr 4�e - __ _ - .n•m_n- 9 . Cher - i a , i_. �Pleeraetien O tt at-her sloes, etre -tl - e4 ereati-a_ _db�e- ee 7 . Any waters or wastes including oxygen demanding pol- lutants (BOD, etc. ) at_a flow rate and or concentration which will cause Tnterfere.nce or Pass-through; 8_. Any average daily flow greater than two percent of :he ww:P averace daily sewacTee flow shall be subject to the review and aopr_oval of the Director ; 9 . Anv wastewater contaihinc in excess of : 7-5 . 0 ma/l aluminum 30 . mg/l ammonia 1 . 0 -g/l arsenic 0 . 25 mg/1 cadmium 0 . 5 mg/l copper 0 . 5 mg/l chromium 7 . 5 mg/1 flouride 30 .0 mg/1 iron 0 .5 mg/l lead 0 . 01 mg/l mercury 0 . 1 mg/i selenium 3 . 0 mg/l zinc 2 . 0 mg/l M.B.A.S. ( foaming agent ) 1 .0 mg/1 phenol 300 . 0 mg/l BOD 300 . 0 mg/1 sulfate 7 . 5 mg/1 boron 350 . mg/l Total suspended solids Any wastewater , other than water-softening regeneration brine, containing in excess of : 1600 mg/1 total dissolved solids 300 mg/l sodium 300 m4/1 cholride 10 . Any waters or wastes containing any radioactive materials or wastes of such half-life or concentration that they do not comply with regulations issued by appropriate authorities ( Sections 30285 and 30287 of the California Code. -of Regulation§) ; 6 11 . Any infectious wastes; resEr#eted 3:'t the eeneentrations e€ tetal dissolved seelittm, . plants lant_ -hal 1. make al_a a l l a a-__a L l _ e f f e c t s I _ -lam a_ L r.a a ' sale-Tal ef-these etdbstenees . A mexiintrm e€ 4..-1- a Patindq - d • - not be ed---tte . nort,3bi tea", a-ewt}ts regenerated end she!i make-these ce- evQ-i-�abie-t�3- t he---C'- Net#�t-hs endii2g.-- -�`Le•rf3i`tY�33ivrrT-'szG--t hea-Gf first thi the TP 4-ri.:nes that ,.h l -..4 �y�1.ap.} -3�.�tQisf irLT t t G the he 4-r'-� r�r-e aL�s_V^c —tN"i el a Gam_t e Vi late- i s-#? J S-tier,-: t c:- Shall-zv;-t3,�+-ii t�'i- €-zi:�ne-ry i q 3r --desie=:a-t e d t a-te the t e e-f-eventof the-NPES E S »erm-;t- 12,. Any waters or wastes w�k-h fin containing color which is not removed in the ordinary WWTP treatment Arocess stieh es , bide net l imiteel te, dye wastes and wastes hetving ( a) a five day bie ehemleal exygen demand greater then three hundreel perts per j:134an by weight , er (b) three httndreel. fifty parts per miilien by weight af Lavin the -L_._-et__. -ties elese ibed in-S etien 1 ^t 98 , 8e C . Limitations on wastewater strength in this chapter may be supplemented with more stringent limitations if : 1 . The Director determines that the limitations Listed in this chapter may not be sufficient to protect the operation of the city' s treatment works; or 2 . The Director determines that the limitations listed in this chapter may not be sufficient to enable the city' s treatment works to comply with water_ clu_al.ity standards or ef.flue_nt limitations specified in the city's NPDES permit . D. When the Director determines that a user is contribut- ing any of the substances mentioned in subsection A of this section in such amounts as to interfere with the oberation of the POTW, the Director shall : C ; 1 . Advise the user of the impact of the contribution on 7 j- /// the POTW; 2 . Develop effluent limitations for the user to correct ; 3. Place limits on rate and time of discharge or require- ments for flow regulations and equalization; 4 Require pretreatment of discharge prior to discharge to POTW; or 5 . Take any other action necessary to eliminate the inter- ference 3 . 00 . : 50 Pederu_; St�nGarCS-AJp� iC- ability. anon -he pro,. ulgatior_ of the 'Federal Categorical Pretreatment Standards for a particular industrial subcategory, t e federal standard shall apply in any instance where its limitations are more stringent than those in this chapter . ;3 . O8 . i60 Grease, oil and sand interceptors . Wetor-Pel- titi-e:r-Genteel Ae~ Sftitten~ 1 j_ • .._L__ premuigetes by thes Federal Pe-.:�rit�er Gentre! het PT= 92 569, _`_! appjy in any instartee w1here LL_�_ stringent Lei_ then l Beet#en 36:? (-b) of the hey, pretreatment standerels are of . Users in industrial eategeries sttbjeet L_ _ffl..__J. _ _ deli___ issued cinder-Seetien 394(b) of the Aet whieh are disc argin ineevnpati:ble--pallutenis te-publieowned treet-ment werles—ere Be4 (b) of the Aet 5eme indttstrial eategeri es it mart be --_-_.-._�. ito define A .......L..eatm-_L guidelines 1 ._ C__ _ _Ll ___ iL_i ._..- ._. ar#se as 3 result-efLL_ dr __h__ge ite _ ._Ll ; _l_. -_..__' --__L--_L. . 1 Legeris L. .,1 b e .� eity ! s requirements 't�ie'T L-sera'`"x--sTr standard T,#mitat}ens en wastewater -~-�-1'- _- Seetie limitatiorks -G eliminat#en system ���PBPS�--germ#t- 6rd - 949. � i 935 . i (petrt) , . !982 : prior eade q581 .5 ) 8 C- ^rav- v. 17G Grease, oil and sand interceptors shall be provided neeessary for the proper handling of liquid wastes containing grease ___ ar-any flammable wastes, sand or other harmful ingredients constituents ;_ except that such interceptors shall not be required for private living quarters or dwelling units . All interceptors shall be of a type and capacity approved by the Director of sttbite . serv-ieee in accordance with the -Uniform Plumbna Code, and shall be located as to he readily and easily accessible for cleaning and inspection. Grease and of ^'ercer)-ors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature . They shall be of substantial construction, watertight, and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight . Where in- stalled, all grease, oil and sand interceptors shall be maintained by the owner , at his expense, in continuously efficient operation at all . times . Failure to properly maintain interceptors in contin_uou" sly efficient operation maybe c_ons_idere_dsufficient cause for disconnectionof _premises from the POTW or punitive actions_as_Drovided for in this chapter . 13 . 08 . 170 Pretreatment . facilities . Where pretreatment of discharge is required by the �aiees�e€fie-F3F1T Director , the necessary facilities shall be provided , operated and maintained at the user ' s expense . Detailed plans showing the facilities and their operating procedures shall be submitted to the city for review. Such plans must be acceptable to the city before construction is begun. Any changes in the pretreatment facilities or method of operation must be reported to and approved of by the city prior to implementation of the proposed changes. Operational difficulties or failures of pretreatment facilities shall be reported immediately to the Director. 13 . 08 . 180 -z 98 . 198 Control manhole. When required by the Director of Htabl!ie =_r =____ , the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and flow measurement of the steste discharge. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the Director e4 . The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times. C13.08.190 i8. 98 . 298 Measurements and tests.All measurements , tests and analyses of the 9 characteristics of water and wastes shall be determined }n aeeerderree. with "St-anderd Metheel. fer }h Examinatie_ seweage ", Effid shall be suitable samples tekieen at the earktre! manheie . in the event tha ne -1 -L e l _ has L_ ---- :elere to be the nearest d_.._.-area- -enhel - in the -..Ll : - y pregraift of regular testing reqtt�red by the direete-r _' sewer _ . . 3rrg seiner is ee�nneeted .The Bublie •---_ -__ -hell be h : l lee J : .._ _. nvely y ^A tes}inc rocedu+ es specified in 40 CFR � _j_t-:.. .. ...._ `_-_---P-erre-- ------erre---..__.-_. -- .-.. Part 136 . When required by the Director , the industrial user erre erre-- — shall provide safe and secure access to the proper sampling point fo_r_the determination of compliance with federal categorical standards and/or local discharge limits . This may rec_uire the installation of a control manhole as described above. A11_ testing shall be performed bV an approved laboratory and conducted at the expense of the discharger_ nn �-t: e l _ ----- - e- - l _-- }- r3-o,T-�i-0 � -sens-rrst Eg-pr'eeretrf � "---- --- erre- �- - - -- -=erre- -_-��' t.t_ _ _ -_ _} rent- nee }h: _ _ ele _hall be ---_}-,k-a - .. e 9--f--3-�-+--e}Tv--zoo-z-via�ilci--c-c�irs-c:r-3'" t ne'-s- a G_,__al pretreatment _tang-- -- -hall L_ - edea -by - . }+� c- - '- -- _..._.._ -- erre_---�- �-. - 13 . 08 . 2.00 1-3 . . 229 Drainage below curb and below main sewer level A. Drainage piping serving fixures , the flood level rims of which are located below the elevation of the curb or property line, at the point where the building sewer crosses under the curb or property line , and above the crown level of the main sewer , shall drain by gravity into the main sewer, and shall be protected from backflow of sewage by installing an approved type backwater valve, and each such backwater valve shall be installed only in that branch or section of the drainage system which receives the discharge from fixtures located below the elevation of the curb or property line. If the drainage piping is lower than the next upstream manhole, the property owner may be required to install a backwater valve. B . Director of Pubile Se.-rvne Empowered to Stop Overflow. If the property owner fails to install and maintain a backwater trap or backwater valve in good working condition, when required under this section, the. Director may order and require the plumbing fixture to be disconnected and removed and the outlet plugged or capped. In the event that the property owner fails to disconnect and plug or cap the sewer connection within ten days O after written notice by the •Director, then the Director shall 10 arrange for such disconnection and capping; the cost of which may �. g PP 9: Y be collected by court action or may be declared- to be a lien by action of the. council after public hearing and notice of the property owner and shall be. added to and collected as part of the tax roll . C . Alternate Right to Terminate Water Service . As an alternate to the procedure set forth in subsection B of this section, if the property owner fails to install and maintain a backwater trap valve in good work-ing condition when requested under this chapter , the Director at ptkb_:e g__ _ ___c may order and require termination of water service to the parcel and all structures connected to the sewer outlet subject to overflow. The water service shall not be reinstated until the maintenance or installation of the backwater trap or backwater valve has been approved by the Director e —publle-serviees . D . Maintenance of house connection sewers . All house connection sewers , industrial sewers , private sewage disposal systems and appurtenances thereto ; now existing or hereafter conducted , shall be maintained by the owner of the property in a safe and sanitary condition and all devices or safeguards which are required by the section for the operation thereof , shall be maintained in a good working order . If a Dr_operty owner fails to maintain. the wastewater disposal facilities in a safe and � ) sanitary condition, the Director may order and reduire termination: of water service to the parcel and all structures connected to the sewer outlet subject to improper conditions . The water service shall not be reinstated until the maintenance or installation of appropriate wastewater disnosal facilities has been approved by the Director . 13 .08 . 2.10 ia .98-2-39 Powers and authority of inspectors. A. Inspection of Premises . The Director e€- ebli serviee , the Health Officer, or other duly authorized employees or representatives of the city or the health department bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter at all reasonable times . If the Director, Health Officer, or other duly authorized employee or representative of the city or the health department has reasonable cause to believe that wastewater discharge conditions on or emanating from a facility are so hazardous , unsafe or dangerous as to require immediate inspection to safeguard public health or safety or the intearity of the POTW, they shall have the right to immediately enter and inspect the property and may use. any reasonable means required to effect such entry and make such inspection. Process and product information collected during inspection of it premises may be kept confidential at the request of the business owner or his representative, insofar as such confidentiality is allowed pursuant to applicable law. All records compiled pursuant to the pretreatment program shall be accessible at . time of inspection. B . Time an Cost of Inspection . inspeetions pleee during the ' ti.e health _ff employees . .des ...S .]1 tL e-era-e-.t . Each discharger shall pay a reasonable inspection fee sufficient to cover the costs of the inspection. wastewater rpql,.a _ i_ i-an ether 4!Du r.9 ---f-erth abeve shall pay any additienal eest-s the-inseeet - Such costs may be incorporated in the Industrial User Wastewater ilisc-arge Permit fee. C 3t?eC t 2 ET't-'�C c�za icS: - �# R@i 3 ici—iiz�vcc tfTY'4-shell be nea^t�ritte� Fe3-enter-ani-4-wr�-t-i - 3t-ria trse�s t_>ne+r} for waetrarar-,?,---< 4seharge-ai3rd-treat end €sett}tipur!qtient to sc�hcc�tx=Y- --tab�ishes ity or set `�-nr t= L-tRe^.-t-t'Y3zzzspccTsopt'-3c':' eattlE'3- will be bage .__ ll..i__V_ ll be -nspeeted at _herter time rotes.._ , _ iter VL___ -__-- =`-` -___ Pete-4-A-2—.1 . -119eherge hazard. -- _ _ irtspeet.iert e_L_d.. , e_ -ri ler eenri i tiene, if the mei t*a diseevers signi€ie$nt -pelletents in tie-PAT-W, _-speet --- sh , y regularly e-.. -Jl _rl _eheel..le_l :.._-C. etier_ -l ' C . &- Liability for Injury. While performing the necessary work on private properties referred to in subsection A of this section, authorized employees, and the city shall indemnify the company against loss or damage to its property by such employees and against liablility claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required b the __'_-==n== __'__"_-e this -- ` -'e this chanter . D. E . Rights of City Entry. The Director y-Qliz serwi-ees , the health officer, and other duly authorized employees of the city or health department bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of , but not limited to, inspection, observation, measurement , sampling, repair and maintenance. of any portion of 12 X19 J I eeeerel-_-e with she leer ms of the d i3 r negel ietiteel easement the POTW. 13 . 08 . 220 " .roe-98 . 2 0 Permit-Required-Term-Transfer-Revocation- Completion of an industrial user's survey required . All. dischargers of nondomestic wastewater to the city sewer system shall complete an industrial user ' s survey and shall Obtain a wastewater d .sc_^.arae nerlit . 7t is unlawful i discharge nondomestic wastewater withol— a permit, or to fail to complete an industria user ' s survev. A. Permit conditions . Wastewater discharge permits shall be expressly subject to all prov;s.lons of the - ' - --- lrr -tni-s alai4-c e this chapter and all other regulations, user charges and fees established by the city . the conditions of wastewater discharge permits shall be uniformly enforced by the Director of-publ.ie serviees in accordance with this chapter, and applicable state and federal regulations . Permit requirements may include, but not be limited to the following : 1 . The unit charge or schedule of user charges and fees for wastewater to be discharged to a community sewer; 2 . The average and maximum wastewater constituents and characteristics ; - 3 . Limits on rate and time of discharge or requirements for flow regulations and equalization; 4 . Requirements for installation of inspection and sam- pling facilities ; 5 . Pretreatment requirements ; 6 . Specifications for monitoring .programs which may include sampling locations, frequency and method of sampling, number , types and standards for tests and reporting schedule; 7 . Requirements for submission of technical reports or discharge reports; , and affe-1-1 department of -publ ie =__ -_== ______ therete 8 . Mean and maximum mass emission rates , or other ap- propriate limits when incompatible pollutants._(as defined by city ordinance) are proposed or present in the user 's wastewater discharge; 9 . Requirements for submission to inspections ; 10 . Other conditions as deemed appropriate :by the city_ to insure compliance with this artlele chapter. B. Duration of Permits . Permits shall be issued for_. a specified time period, not to exceed five years. A permit may be issued for a period of less than one year or may be stated to expire or. a specific date. ff the use; __ net _=`_f' _j 13 C2-O?0 eity thirty days prier to the expiratien at the permit, the permit she!! be extended ene ad it a --- i year. The terms and conditions of the permit may be subject to modification and change by the city during the life of the permit as limitations or requirements as identified in this chapter are modified and changed. The user shall be informed of any proposed changes in his permit at least thirty days prior to the effective date of charge . Any changes or new conditions in the permit shall include a reasonable time schedule for comDl.iance . C . T-a-Is`rr of a Tlermit . Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises , or a new or changed operation.. Provided that , if in the opinion of the Director e€ 4:ee9 , the sale or transfer of an operation does not result in a change in use , the permit may be reassigned. D . Revocation of Permit . Any user who violates any of the , conditions of this Chapter , of applicable state and federal regulations or any of the following conditions , is subject to permit revocation: : . Failure to factually report the wastewater constituents and characteristics of discharge; 2 . Failure to report significant changes in operations or wastewater constituents and characteristics ; 3 . Refusal of reasonable access to the user 's premises for the purpose of inspection or monitoring; 4 . Failure to provide official evidence of proper disposal of nondomestic wastes not permitted by city ordinances (hazardous wastes) ; 13 . 08 . 230 1.8-98 . 269 Reporting requirements for permittees . A. Any r -t discharger of nondomestic wastewater may be required .to submit.. to .the Director, of-he-...WT-P, a report indicating the nature, concentration, and daily flows of all limiting pollutants . The report shall also .state whether the applicable pretreatment standards and requirements are being consistently met and, if net , set €erth a seheelrr3e of eemelianee B. After meeting the requirements set forth in subsection A of this section, the user shall submit self-monitoring reports , as required by the Director , to assess and assure continued compliance with pretreatment standards and requirements , including, but not limited to, the reports required in 40 CFR 403 . 12 . These reports shall contain the results of sampling and analysis of the discharge, done in accordance with 14 I C; the procedures approved by the POTW. C. Reports, such as those identified in subsections A and B but not limited to, shall be signed and certified by an author.ized representative of the discharging facility. . D . All industrial users shall be reouired to retain for a_ minimum of 3 years any records and/or _reports of monitoring ac- tivities or .results and shall make such records/reports available for- inspection and copying by the POTW_ This -_period of retention shall be extended during the course_ of any unresolved litigation regarding the industrial user . 13 .08 . 240 9 . G6==69 Confidentiality-Public disclosure . eenfidentie! by the submitted. Any sueh elaim mttst be asserted -'ACTeA . B- Eff.luent data shall be available to the public Without restriction. B. G- Notification of C significant violators and signi.f.icant noncompliance -shall be published at least once every twelve months in the major local newspaper . Article III . Charges and Fees 13 . 08 . 250 1-3-. 98: 27e Determination-User classification. A schedule of charges and fees shall be adopted by the city by resolution and may be amended from time to time which will enable the city to comply with the revenue requirements of the State Clean Water Grant Program. Charges and fees shall be determined in a manner consistent with regulations of the Grant Program. 1 . All users shall be classified by assigning each one to a user classification ( S_gnificant Industrial User, Class I User or Class II User) category according to the principal activity conducted on the user ' s premises and appropriate nonindustrial classifications as determined by the city. The purpose of such classification is to facilitate the regulation of wastewater discharges based on wastewater constituents and characteristics to provide an effective means of source control , and to establish a system of user charges and industrial user wastewater discharge permit fees which will insure an equitable recovery of the city' s C., cost for operation of the pretreatment program; 15 2 . The charges for each wastewater constituent and charac- teristic shall be established by the city and set forth in the city' s schedule of charges and fees, which may include, but shall not be limited to : a_. User classification charges ; b. Fees for monitoring and inspections ; c . Charges and fees based on wastewater constituents and characteristics. to include industrial cost recovery provisions of the Federal Act ( i . e . , PL 92-500) ; d . In case a residence or place of business becomes vacant , the minimum sewer charge shall . be collected until the city is requested to shut off the water ; e_. All charges for such sewage service shall be paidat the same time as water charges are paid to the city and shall be billed upon the same water bill sent to the user and both amounts must be paid or the city may, in addition to other remedies , shut off the water service ; Anv person. failing to pay the sewer service charge when due , and if to water service has been disconnected, shall pay the water restoration-reconnection charge provided for in Section 13 . 04 . 1.30 . When user c:;assitication charges are establAshed , they shall be based upon a minimum basic charge for each premises , como_ uted on the basis of wastewater from a domestic premises . The charges for all classifications of users other than the basic domestic premises shall be based upon the relative difference between the average wastewater constituents and characteristics of that classification as related to those of a domestic premises . Such charges and fees may be based upon the measured or estimated constituents and characteristics of that user which may include , but not be limited to, BOD, COD, SS , oil and grease , chlorine demand, heavy metals and volume. 33 .98 . 289 !3 . 88 . 299 , Eire-eetineil est&bliskies wastewater _e- _ i__ _harg-" as f5liews At. Every persen whese the 1 t -. e served bI eenneetien with the - -tem of ---mt--•-tem- f the a E+ , isthereby treatement plant ,:- er-atherwise, shall pay _ wastestater - __.._, eharge based as fe 1 e2 . Per eeeh mtt3:t!!F&miiy dveelling unit in any- dellers and Fifty eents per , unit . the stm ef three dellers per menth per dwelling I \J 16 � •�23 a . Per eeeh dwelling unit in any hatei , mete! er a . 4 . €or-esei� re�s+ts�es°e -er-bakery;-E�3e=9,dm of three de 1 -- - its emees9 -e€-€i a heneired eebie feet per menth. mc�nth fer each .everage elail-Y ettendeneet he ------' FeEt�rrvcr9•i-ric39 , el%tiarelt or Other nen dvfeal�ng eemfftere�ie1 e s t a is 1 s ito ft n tI .L..._7... -.iT'-_or r e t aT!--'ZTIC--RlTCZ3 }�9'IIT:SVf Z-t'}�Cr I —hundred f i. �TZCT net° Iftorst-47f-- T.. For _____ ____ _ _ ___ � _ sfetq+ewatTr +nte the tail q y-s-t.ein,-f i f-teend o lav l l a r-. cizvv3'crxQ--i- gel o-rs- er- less-1!4 _. pet, .10ndrel gall ___ for ,. 1 was-tea%Tte - - ef -4Re--t-ki@ aftd-" 3vfEY9tallons . The eity A s�=pl..] l L....... PL.. the mayr _ t_ 2-9--H'p'-*�-- t��..� : t@ *}+--- :ruy--Trac eAYy Was-team __ , .,L___tei --e-f--the the w _�r be -eli-&e�arged--?he-€re-eet eezirl---d---f -4abe-ri t-ery-ser�ri�Ps e rMed=-by9 e4_11-Jae-asL- - ;;s ----wee PH— . . . . . . . . . . . . . . ._. . . . . . . . . . . . . t Se BeE) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . « $ett�eav�e. ----iCIS . . . . . . . . . . . . . . . . . . . 15 . 56- 8 . low l_l estanee fee the shall b e entitled to e r re t o r--f av�crav�.crroc rvz— -"""''tee eharged for at the rete speeified in sebseetiens A4 , A6 and A4 ef thi9 seed en i!kmettnt9 e€ o+a-ter-the B. The rates 9e€ €er'th in sebseetien A e€ this seetie fer se epee sheril beeente a€€eetive Beeember 1 98shall _ b- applied ark all bills isetked an er after Febrttary , 1982 . 13 . 08 . 2.60 !8�� Use of revenues . Revenue derived by the city under the provisions of the ordinance codified in this article shall be used for the operation, acquisition, construction, reconstruction and maintenance of the sanitary sewer system and shall be applied to the retirement of any bonded indebtedness which was -incurred to improve the sanitary sewer system. 17 1 Akrtlele !V. Rules and Regadiletiens Governing 961 of Septle Tank Gleaning Unlawful--- - Eltiil p an 4 and. T4 - any gers.or- - - E149eharge - ; f:'�C�.ei:--9 ?t--13-��es--a5--die--e:i - ear e e<ion-+r'� -�=- -- -- - < _ e-f--- _ ts sewage _ _ _1 _-t . }V�Z�TciiRLT _ _ pZ�TP oZeeioage frem sept4erite eme'e'pt as Previde -rt--t•3t7s-a~ _____-- • Raw er -L-_d e l l+ treated sesiage free -L--: _ 1 L l ets n - _ disehargeel EltimpeeL i lnt,- iL ems+—'-aeki-nn a4r4fiewllase_ at the pleees awnedand,'er -w#e.-,--.-.y-T.,e treet-el sewage inte che fete l i t i eg r f the e i ty ohw 1 1 pay the fel.lewing fees . A. For eaeh tank trcek vektiele lead, ene thousend. tf1e tttndred l diseherged, five . thereef,ene-dellar.has failed te -peky elemping fees, or fer other -justifiable- 19 . 88 . 349 Bumping permit Reweeat!ian. in additien te st2eh ether penalties as are previded far . Article IV. Rules and Regulations Governing the Disposal of Septic Tank Cleanings 18 i (New PreV1946"s) 13 . 08 . 270 !8 .--98.. BSo Unlawful to dump on land. it is unlawful for any person to dump or discharge raw or chemically treated sewage from any source onto the surface of any lands within the city , except such lands as the city utilizes in connection with the operations if its serge wastewater treatment plant . 13 . 08 . 280 inlawful to dumb into city collection system except as provided in this chapter . It is unlawful for any person to dump or discharge into the city sewer collection system septic tank cleanings or any raw or chemically treated sewage from septic tanks or any industrial or unidentified liquid waste or any hazardous waste except as provided in this article . 1.3_ ._0_8_ . 2_.90 -a-98 . 8:iE) Dumping regulations . Raw or chemically treated sewage from chemical toilets and st','=e a- may be discharged or dumped into the city sewer collection system only at- the places ewsted and,'er operated L__ the e1+-ate designated by the Director 13 . 08 . 300 =8- 66-89 Dumping permit and fees . Each person dumping or discharging raw or chemically treated sewage et- '==-_ tank 9 into the facilities or the city 9'!all -" permit f.rem, "- __..._ -_gine__ an shall pay the appropriate fees-established in accordance with_the criteria set forth in Section 13 . 08 . 250 !B _98 - 279 - Article B _98-279 .Article V . _ !V . Enforcement 13 . 08 . 310 ia�9G Unlawful discharges . • A. Notification of Discharge . 1 . Users shall notify the e+try Director immediately upon -seeielentaill discharging wastes in violation of he "---- a this chapter to enable countermeasures to be taken by the city to minimize damage to the community sewer, treatment facility, treatment process, treatment personnel- and the receiving 'waters. 2 . This notification shall be followed within fifteen days of the date of occurrence, by a detailed written statement describing the causes of 'the accidental discharge and the �_ - measures being taken to prevent future occurrence. 19 3 . Such notification will not relieve users of liability O for any expense, loss or damage to the sewer system, treatment plant , or treatment process , or for any fines imposed on the city by any public entity on account thereof . B . Notices to Employees . In order that employees of users be Informed of city requirements , users shall make available to their employees copies of thte eedi`ie this chapter , together with such other wastewater information and notices which may be furnished by the city from time to time directed toward more effective water pollution control . A notice shall be furnished and permanently posted on the user ' s bulletin board advising employees whom to call in case of an accidental discharge in violation of this chapter . C . Preventive Measures . Any direct or indirect connection or entry point for persistent or deleterious wastes to the user 's plumbing or drainage system should be eliminated. Where such action is imo-actical or unreasonable . the user shall appropriately label such entry points to warn against discharge of such wastes in violation of this chapter . 13 . 03 . 32.0 i3-88 .499 Issuance of cease and desist orders . When the e%*v Director finds that c-:-a4_e waw=as taken ela ee f—Nim 3z,§e_ -- _ ,b i -- or , ___ t a t vr-this-c''raq-tf`L�--off-� a-p-re6 is.'rJE2s-a€-a- =Ra-t. permit; i -ert +--mai+ violation of this chapter has occurred, or appears imminent., and the. violation appears to Dresent an imminent endangerment to the health or welfare of persons , or the environment , or which threatens to interfere with the operation of the POTW, . the Director may after informal notice to the vio- lator, issue an order to cease and desist and direct those persons not complying with this chapter to : A. Comply forthwith; B. Comply in accordance with a time schedule. set forth by the e+" Director; or C. Take appropriate remedial or preventive action in the event of a threatened violation. 13 .08 . 330 iareer.4ie Submission of time schedule. When the a ty Director finds that a discharge. of wastewater has taken place, in violation of prohibitions or. limitations prescribed in this chapter, or wastewater source control requirements, effluent limitations or pretreatment standards,_ or the provisions of a wastewater discharge permit , the e+t-q Director may require the user to submit ter apprev ^ gyri�es�etee: meeii f.i eet i ergs-Rs iI-�ee�s-Mese s e a r c ) 20 f, sehedtile e€ speeif.le eetions sthieh the user shai -take in erele-r to the Manager , a report containine methods to eliminate illegal discharges, a time schedule for the commencement . and completion of. any equipment installation or maintenance necessary -to comply with discharge limitations and methods of assurance of continued compliance . 1.3_ . 08 . _340 13 . 98 . 429 Appeale A. Any aser , permit applicant , or permit holder affected by any decision, action or determination, including cease and desist orders , made by the e- it Director , Interpreting or implementing the provisions of this chapter or in any permit issued herein, may file with the City Clerk a written appeal within ten days of such decision, action, or determination, setting forth in detail the facts supporting the appeal . B . The written appeal shall be heard by the council w; thili thirty days frim the date of filing. The council shall make a final ruling on the appeal within ten days of the close of the meeti^g . ='ending sinal determination on i*ne appeal by the council , the decision annealed from shall remain. in full force and effect . Article VI . "_t _ .., e 1411 . Abatement and Penalties 13 .08 . 350 !3--8a . iS9 Use of provisions . The actions and remedies available to the Director in the sections set forth in this article may be utilized separately or in combination by the Director as it deems appropriate . 13 . 08 . 360 13. 88 . 44e Declaration of public nuisance. Discharges of wastewater in any manner in violation of this chapter or of any order issued by the 6-i-" Director as authorized by this chapter , constitutes a misdemeanor and is also declared to be a public nuisance which may be corrected or abated as directed by the Director . nee-when Wheneeer a diseharge e€ %tasiaetrater is in vielatien "- es?dae-a-eeneiitien e€ eeftCalf!inapen, pellet3en ar nulsenee, the preliminary er permanent injttnetien, er beth; as may be 21 13 . 08 . 370 Injunctive relief . The Director is authorized to seek injunctive relief to halt the noncompliance by any industrial user with any pretreatment standard or requirement under this. Chapter, or permit issued hereunder . 13 . 08 . 380 _ - Assessment of cost . .. , damage .at e-- ±ffleatripe t te the e_ - @--- eha±_ t- ag- t:9 rC`:F'--t3S-L- f-=.r`—the-;: -r!t - _ ed-_ed-te-C eelt-of reams-i-r- ti-e-4-ee4-=i ty -e - €il-ee . A_n4 oerson who discharges or causes to be discharged any water or wastewater in violation of this chanter and such discharge ,_ either singly or by interaction with other discharges , results in damage to or is otherwise detrimental to or adverselv affects t-e POTW, stormdrain system or waters of the state, shall be liab-le to *:-e Director for expenses necessary to correct that ramaae, ^detriment or adverse effect . The expenses may include, ,rat are nc - _limited to, costs for labor , material , inspection and everk,oad . Anv expenses resulting from the investigation of unlawful discharaes shall be collected from the responsible Darty . In addition, any monetary penalties imposed against the Director shall also be, costs for which the violator is liable to the Director. 13 . 08 . 390 " .rte--eB .4ic Civil Penalties. Any person who violates any provision of this chapter or permit issued hereunder , or who discharges wastewater which causes pollution, or who violates any cease and desist order , prohibition, effluent limitation, national standard of performance, pretreatment or toxicity standard shall be liable e�ivilly f e - menetery penalties mp e s e d - -'--t the a ty as - .,_d__ _f the eeinei1 shall netitie the _ assess , and re-e-eve- _--_eh sums frein the persen as may apislieable_. for an administrative civil penalty of not less than $1 ,000 per day per violation. Penalties shall be assessed by the Director , after opportunity is given for a hearing. 13 . 08 . 400 18 .9 489 Criminal penalties . Any person who violates any provision of this chapter or permit issued hereunder, or who discharges wastewater which causes pollution, or who violates any cease and desist- order , nrohibition, effluent limitation, national standard of performance , pretreatment or toxicity standard shall be guilty of a misdemeanor . Each day of violation shall constitute a. separate offense. The penalty for violation shall include a fine of not less than $1 , 000 per violation. 22 13 . 08 . 410 ' w . 98-4Falsifying information. Any person who knowingly makes any false statements , representation, record, report , plan or other document filed with the e4t. Director, or who falsifies , tampers with, or knowingly renders -naccurate any monitoring device or method .reauired under this chapter , shall be guilty of a misdemeanor . 3 C& 42C X343 .er;,, :.^.�'.4on of .;c_ v cc ':ham s+ _;i rer_to.r_ -av revoce anv wastewater discharge permit , or terminate or cause to be terminated wastewater service to any premises if a vio'lat'or: of any provision of this chanter is found to exist or if a discharge of wastewater causes or threatens to cause a condition of contamination, pollution or nuisance as defined in this chapter . This orovision is in addition to other statutes , rules or regulations , authorizing termination of service for delinquency in payment . x.30 ww I Article II . 13 . 08 . 110 Purpose and scope. A. These provisions set forth standards and regulations governing discharges into the publicly owned treatment works (POTW) for the city. These standards and regulations enable the city to comply with all applicable state and federal laws required by the Clean Water Act of 1977 and the Genera:'_ Pretreatment Regulations ( 40 CFS. , Part 403 ) . B . The objectives of these provisions are : 1 . To prevent the introduction of pollutants into the POTW which will interfere with the operation of the POTW, including interference with the use or disposal of municipal sludge; 2 . To prevent the introduction of pollutants into the POTW which will pass through the system inadequately treated or o;.:^_erwise be incompatible with the system; 3 . To :morove o^_pe^tu-;_ties to recycle and reclaim wastewaters and siu(]ues ir,- -L-e s\T-; 4 . TO prOteC: PCTW personne' from exuosure to hazardous v . T^ESP. J- ai OZ:S .JrOV1Ce for the r.-^-gi11at10T. U_` (:erect and Ind:rest contributors t0 the POTW `-rou(_-`: the issuance of to _ndustrial users , pretreatment and _-enc)-enc) reauire- mentS for permittees , m0^.4tOr4T`� a'?d enforceme-nt of noncom- e . 13 . CC . 120 Definitions . he following words shall have the following meanings : A . "Authorized representative" means any of the following ( 1 ) a principal executive officer of at least the level of vice. president , if the Industrial User submitting the reports is a corporation; ( 2 ) a general partner or proprietor if the Industrial User submitting the reports is a partnership or sole proprietorship respectively; ( 3 ) a duly authorized representative of the individual designated in (.1 ) or . ( 2 ) . if such representative is responsible for the overall operation of the facility from which the discharge originates. B . "Biochemical Oxygen Demand (BOD) " means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure and expressed in milligrams per liter (mg/1 ) . C . "Categorical pretreatment standard" means the. national pretreatment standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged to a POTW by existing or new Industrial Users in specific industrial subcategories . D. "City" means the City of San Luis Obispo. i 1 i I CE. "Director" means the Utilities Director of the City of San Luis Obispo or his duly authorized representative . Any notice required to be given to the. Director shall be delivered to the Director at 955 Morro Street , San Luis Obispo, or as otherwise directed . F . "Domestic wastewater" means water bearing only those wastes derived from the ordinary living processes and of such cha:-acter as to permit satisfactory disposal to , and. treatment in , the POTW. G . "Grease" means all fat , grease , oil , war_ or other trichlorotrifluoroethane soluble matter of animal , vegetable , get.roleum or mineral origin. L . " Industrial user" means a Gerson Who discharges nondoiTestic wastewater into t.^e C_`.V sewer sys-tem . I . " Industrial user ' s survev" means a cuestiornaire (and .e:,ated rirncess ) used by the cit - to idc:ntifv and categorize ind�stria; users and the characteristics of their wastewater ___`ectious .•:a--e" -eans a-v wast^ . a-erial or artic'_r Which "-arbors or may reasonably be considered to ^arbor any type or ...=C='UU_ .:a:_. n ne .,...... or -S ,:.',:_..C:'. CEi::. es o? signlficantIy contributes to increased morbidit_7 or mortality in human beings. V. "interfere"—e" ,.eans an irhib Dior Or disruption of the POTW, its treatment processes or operations , or its sludge processes , .-,se or disposal whit: is a cause of or significantly contributes to either .a violation of any recuirement of the POT'N ' s NPDES permit ( including an increase is the magnitude or duration of a violation) or to the prevention of sewage sludge use or disposal by the POTW in accordance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations ) : Section 405 of the Clean Water Act , the Solid Waste Disposal Act ( SWDA) ( including Title II more commonly referred to as the Resource Conservation and Recovery Act (RCRA) and including State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA) , the Clean Air Act , and the Toxic Substances Control Act . L. "Natural outlet" means any outlet into a water course , pond, lake or other body of surface or ground water . M. "New Source" means any building , structure, facility or installation from which there is or may be a discharge of pol- lutants , the construction of which commenced after the publication of proposed Pretreatment Standards under section 307 (c) of the Clean Water Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section., provided that ( 1 ) the building, structure, facility or installation is constructed at a site at which no other source is located; or ( 2 ) the building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or ( 3) the production of wastewater generating processes 2 �-3� r" v of the building, structure , facility or installation are substantially independent of an existing source at the same site . N. "Pass-through" means the discharge of pollutants to the POTW in quantities or concentrations which are a cause of or significantly contribute to a violation of any requirement of the POTW' s NPDFS permit ( including an increase in the magnitude or duration o s violation) . 0 . "Penson" means any companv , association , Society , coroorat1Gr , ur0'.:.p , governmental acencv Or ;Ona: �'o1.W) means C tV ow-ed SeWe_'- SVStem , 1P.0 lull::rg Sa_Nier piPeS the city that convev WaS,"ewater t0 .^C tre-a-Ime^.t 77a-t , the treatment Dlant , sewer Dines convey wastewater to the treatment plant from persons o;.t.side the c94-y who contract with the city to use the sewer systema, and related facilities . 0 . "Significant Industrial user ( SIJ) " means any irdustriai discharger subject to federal categorical pretreatment stanaarcis or any ind'astria'_ cischarger that ( 1 ) discharges 10 , 000 cal per day or more of process wastewater ; ( 2 ) contributes 5 percent or more of the average dry weather hydraulic capacity of the treatmen plant ; ( 3 ) discharges either continuously or intermittant_y to the POTW, process Wastewaters containing priority pollutants as determined through analytical procedures or reasonable technical judgement ; or (4 ) has a reasonable potential , in the opinion of the Director , to adversely affect the POTW treatment plant . P. "Stormdrain" means a sewer which is designed to carry storm and surface waters and drainage rather than sewage or industrial wastes . S . "toxic or poisonous" means any solid, liauid or gas in such quantity that alone or in combination with other waste substances , may create a hazard for humans , animals or the local environment , interfere with sewage treatment processes, cause a public nuisance , or cause any hazardous condition to occur in the sewerage system. _ . "Wastewater treatment plant (WWTP) "means city-owned and operated sewage treatment plant . 13 . 08 . :30 Stormwater and unpolluted drainage . A. No person shall discharge or cause to be discharged any stormwater, surface water , ground water , roof runoff , subsurface drainage, uncontaminated cooling water or unpolluted process waters other than to those sewers designated as. stormdrains or to a natural outlet approved by the Director . Appropriate permits from all affected public agencies may be required by the city and shall be obtained by the applicant . B. No Derson shall discharge or cause to be discharged any sewage, garbage , rubbish, rubble or otherwise polluted water to any stormdrain or natural outlet . 3 02-33 C13 .08 . 140 Prohibited discharges. A. It shall be unlawful for an industrial user to discharge pollutants into the. POTW: i . Without a Dermic; 2 . When such with a properly Issued wastewater discharge permit , poil.ltants are not covered by that permit ; 3 . Where s;:c'n. pnliutants wo:.ld cause the ^OTW to violate its NPOES _nermit . as :^ere aafte= o^o: _c;c d , no nerson stia: l discharae or cause to be discharged any of the fol_owinc desc---ibed waters or wastes to any sewers : 1 . Any liquid or vapor having a temperature higher than one hundred fifty degrees t'ahren'ne4t Onto the sewer and in no case higher than one hundred and four degrees Fahrenheit at introduction. in~..o the wastewater treatment plant; 2 . Any waters or wastes containing oil and grease such that the discharge. results in a stoppage , plugging, breakage , significant obstruction to flow or any other damage to or increased maintenance of sewers or sewerage facilities . No person shall discharge oil and grease which results in pass- through . 3 . Any liquids , solids , or gases which by reason of their ,nature or quantity are, or may be sufficient either alone or by interaction with other substances to cause fire or explosion or Cj be injurious in any other way to the POTW or to the operation of the system. At no time shall two successive readings. on a combustible gas meter , at the point of discharge into the sewer system, be more than five percent ( 5%) nor any single reading over ten percent ( 10%) of the Lower Explosive Limit (L . E.L . ) . Prohibited materials i_^.elude , but are not limited to gasoline , kerosene, naptha, benzene, toluene, or xylene ; 4 . Any solid or viscous substance, including but not limited to unground garbage, feathers , ashes , cinders , sand, polishing compounds, resin beads , metal , glass , straw, rags , spent grains or hops , wood, plastic , mud, shavings or manure which may cause obstruction to the flow in sewers or other interference with the proper operation of the POTW; 5 . Anv waters or wastes having pH lower than six or higher than nine, or having any other corrosive property capable of causing damage or hazard to structures , equipment or personnel of the POTW; 6. Any water added to a wastewater discharge for the sole purpose of dilution as a means to achieve compliance with any pretreatment standard or local discharge limit ; 7 . Any waters or wastes including oxygen demanding pol- lutants (BOD, etc. ) at a flow rate and/or concentration which will cause Interference or Pass-through; . 8 . Any average daily flow greater than two percent of the WWTP average daily sewage flow shall be subject to the review and Oapproval of the Director;' 4 �_3� . 9 . Any wastewater containing in excess of : 15..0 mg/l aluminum 1 . 0 mg/l arsenic 0 . 25 mg/l cadmium 0_ 5 mg/l copper 0 . 5 mg/1 chromium 7. 5 mg/l flouride 30 . 0 mg/1 iron. 0 . 5 mg/l lead 0 . 01 mg/1 mercury 0 . 1 mg/l selenium 3 . 0 mg/l zinc 2 . 0 mg/l M. B . A. S . 1 . 0 sig; i phenol 30 . 0 mg/1 ammonia 300 . 0 mg/l sulfate 7 . 5 mg/1 boron 250 . 0 mg/1. S . C . D . Any wastewater , other than water-softening regeneration brine , containing in excess of : 1600 . 0 ng/ 1 total dissolved solids 300 . 0 nodi; ::, 300 . 0 mg/1 chloride 1C . Anv waters or wastes conta:^in.g any radioactive materials or wastes of such half-life or concentration that they dc) no-, co MI7v wi`,?, reg latfons issued by appropriate authorities ( Sections 30205 and 30287 of the California Code of Regulations ) ; 11 . Any i^fectious wastes ; 12 . Any waters or wastes containing color which is not removed in the ordinary WWTP treatment process . C . Limitations on wastewater strength in this chapter may be .supnlemented with more stringent limitations if : 1 . The Director determines that the limitations listed in this chapter may not be sufficient to protect the operation of the city' s treatment works; or 2 . The Director determines that the limitations listed in this chapter may not be sufficient to enable the city's treatment works to comply with water quality standards or effluent limitations specified in the city' s NPDES permit . D . When the Director determines that a user is contribut- ing any of the substances mentioned in subsection A of this section in such amounts as to interfere with the operation of the POTW, the Director shall : 1 . Advise the user of the impact of the contribution on the POTW; 2 . Develop ef.f.luent limitations for the user to correct ; 3 . Place limits on rate and time of discharge or require- ments for flow regulations and equalization; 4 . Require pretreatment of discharge prior to discharge to 5 �-3S i �.� POTW; or 5 . Take any other action necessary to .eliminate the inter- ference . 13 . 08 . 150 Federal catagorical pretreatment standards-Applic- ability. Upon the promulgation of the Federal Categorical Pretreatment Standards for a particular industrial subcategory, t`:e federal standard shall apply in any instance where its limitation=_ are more stringent than those in this chapter . 13 . 08 . 160 Grease, oil and sand interceptors . Grease, oil and sand interceptors shall be provided for the proper handling of liquid wastes containing grease, flammable wastes , sand or other harmful constituents ; except that such :^terse->tcrs shall not he required for private living quarters or dwelling -chits . All interceptors shall be of a type and capacity �1 JrJ ZOO ver.: cis ^e ';i _ector _^ accordance with t e :;ni`or^.: _'lumbing Code , and shall be located as to be readily and easily accessible _`or clean' g and inspection. Grease and o. .' _nterce_jtors :r.a be constr::cted of iroervious materials capable of withstandf-g .',n_r:�:�` and e._t'_"E?.".le C^3:'.CES ;^ t�C:*�erature . `-ey s a- _ be of . si-ibsta_ntial constrL'ct-ion, watertight , and equipped with easily P: ocable covers which , when bolted in place , s.+ail ne gastight and waterticht . W-ere installed , all grease , oil- and sand _terceptors c=pat: _ be maintained by the owner , at !:is expense , in continuously efficient operation at all times. Failure to properiv r:.aintain interce.ntors in continuously efficient operation may be considered sufficient cause for disconnection of premises from the POTW or punitive actions as provided for -4- this this chapter . 13 . 08 . 170 Pretreatment facilities . Where pretreatment of discharge is required by the Director , the necessary facilities shall be provided, operated and maintained at the user ' s expense. Detailed plans showing the facilities and their operating procedures shall be submitted to the city for review. Such plans must be acceptable to the city before construction is begun. Any changes in the pretreatment facilities or method of operation must be reported to and approved of by the, city prior to implementation of the proposed changes . Operational difficulties or failures of pretreatment facilities shall be reported immediately to the Director . 13 . 08 . 180 Control manhole. When required by the Director , the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to faci-litate observation, sampling and flow measurement of the 6 discharge . Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the Director . The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times . 13 . Oo . 190 Measurements and tests . All measurements , tests and analyses of the of ':!d'.'o r• and s n ha-1 > .r': - _ - - a.-� waste-F, s: a_ . he . . �e ^. wed by the test:?C nrocedurCS specified in 40 CFR =part 1.'16. When rEQulred safe and secure acs-ess to 1-ne Droz)?r samolinCjoint fOr the determination n` co::.p; an(,cr w _ cdc:':a. t lova and; or discharge limits . This may recure .thr_ installation of a control mar_holc• as descr2bE,d above . A; l testing snail be performed by an anD_-a ed laboratory and concurtec .t the expense of the r e_ . nace A . ii"diC:alJ. e Dipi..g sere .ng fi:_ures , f lood level rims W_ ;ch :xre located below t1-1c (?1.(_-vation of the Curb or property line , at the DOint where the building sewer Crosses under the curb or :property line , and above the crown level of the main sewer , shall drain by gravity into the main sewer, and shall be proteCted from bac'_tflow of sewage by installing an approved type backwater valve , and each such backwater valve shall be installed only in that branch or section of the drainage system. which receives the discharge From fixtures located below the elevation of the curb or property line . If the drainage piping is lower than the next upstream manhole, the property owner may be required to install a backwater valve. B . Director Empowered to Stop Overflow. If the property owner fails to install and maintain a backwater trap or backwater valve in good working condition, when required under this section, the Director may order. and require the plumbing -fixtureto be disconnected and removed and the outlet plugged or capped . In the event that the property owner fails to disconnect and plug or cap the sewer connection within ten days after written notice by the Director , then the Director shall arrange for such disconnection and capping; the cost of which may be collected by , court action or may be declared to be a lien by action of the council after public hearing and notice of the property owner and shall be added to and collected as part of the tax roll . C . Alternate Right to Terminate Water Service. As an alternate to the procedure set forth in subsection B of this section, if the property owner fails to install and maintain a backwater trap valve in good working condition wen. requested under this chapter, the Director may order and require termination of water service to the parcel and all structures !� connected to the sewer outlet subject to overflow. The water service shall not be reinstated until the maintenance or 7 installation of the backwater trap or backwater valve has been approved by the Director . D. Maintenance of house connection sewers . All house connection sewers, industrial sewers, private sewage disposal systems and appurtenances thereto, now existing or hereafter conducted , shall be maintained by the owner of the property in a safe and sanitary condition and a'I devices or safeguards which are required by the section for the operation thereof , shall be mainti:ne<9 ;n Et good WUrtiing Ora' �� a nrUDerty owner Edi 0 to maintain the wastewater disoosa: facilities in a safe and sa:_ Eina real;.-. re termination of water service to the parcel and ail structures coE:r:C`c'_'ed to the sewer Out-` et subject to f-oroJer The water service shall not be reinstated until the c•.aintenance J7^ lnstaliation of anoronriate wastewater d1soosa1 =ac:.l1 '•—' es has been approved by the Director . 13 . 08 . 210 Powers and authority of ir,sDectors . A . Inspection of Premises . The Director , the Health Of- f;r_er , or other duly authori2:ed employees or representatives of the city or the health department bearing proper credentials and identi `ication shall be permitted to enter all properties for the purposes of inspection, observation, measurement , sampling and testing in accordance with the provisions of' this chapter at all reasonable times . If the Director , Health Officer, or other duly C authorized employee or representative of the city or the health department has reasonable cause to believe that wastewater discharge conditions on or emanating from a facility are so hazardous , unsafe or dangerous as to require immediate inspection to safeguard public health or safety or the integrity of the POTW, they shall have the right to immediately enter and inspect the property and may use any reasonable means required to effect such entry and make such inspection. Process and product information collected during inspection of premises may be kept confidential at the request of the business owner or '-is representative., insofar as such confidentiality is allowed pursuant to applicable law. All records compiled pursuant to the pretreatr:,ent program_ shall be accessible at time of inspection. 3. Cost of Inspection. Each discharger shall- pav a reasonable insbection fee sufficient . to cover the costs of the inspection. Such costs may be incorporated in the Industrial User Wastewater Discharge Permit fee. C . Liability for Injury. While performing the necessary work on private properties referred to in subsection A of this section, authorized employees, and the city shall indemnify- the company against loss or damage to its property by such employees and against liablility claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused U by negligence or failure of the company to maintain safe conditions as required by this chapter.' 8 D. Rights of City Entry. The Director, the health officer, and other duly authorized employees of the city or health department bearing proper credentials and identification shall be permitted to enter all private properties through which t:,e city holds a duly negotiated easement for the purposes of , but not limited to, inspection, observation, measurement , samel ^g , repair and maintena^ce Of anv nortion of the POTW. 13 . 08 . 220 Peim4,`-Recuired-Term-Transter-Revocation-Completion of All dischargers of nondomestic wastewater to the city sewer system shall complete an industrial user ' s survey and shall obtain a wastewater discharge permit from the Director . It is unlawful to discharge nondomestic wastewater without a permit , or to fail to complete an industrial user ' s survey. A. Permit conditions . Wast-ewater discharge permits shall be expressly subject to all provisions of this chapter and all other regulations , user charaes and fees established by the city. The conditions of wastewater discharge permits shall be uniformly enforced by the Director in accordance with this chapter , and applicable state and federal regulations . Permit requirements may include , but not be limited to the following: _ . The unit charge or schedule of user charges and fees for wastewater to be discharged to a community sewer ; 2 . The average and maximum wastewater constituents and c'naracteristics ; 3 . Limits on rate and time of discharge or requirements for flow regulations and equalization; 4 . Reauirements for installation of inspection and sam- pling facilities ; 5 . Pretreatment requirements ; 6 . Specifications for monitoring programs which may include sampling locations , frequency and method of sampling, number , types and standards for tests and reporting schedule; I Recuirements for submission of technical reports or discharge reports ; B . Mean and maximum mass emission rates , or other ap- propriate Limits when incompatible pollutants (as defined by city ordinance) are proposed or present in the user ' s wastewater discharge; 9 . Requirements for submission to inspections; 10 . Other conditions as deemed appropriate by the Director to insure compliance with this chapter. B. Duration of Permits . Permits shall be issued for a specified time period, not to exceed five years . A permit may be .issued for a period of less than one year or may be stated to expire on a specific date . The terms and conditions of the permit may be subject to modification and change by the Director during the life of the permit as limitations or requirements as ^ identified in this chapter are modified and changed. The user ) shall be informed of any proposed changes in his permit at least 9 �-39 thirty days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance . C . Transfer of a Permit . Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner , new user , different ) uremises , or a new or changed opera44: ' On. Provided that , if in .the opinion of the Director , the sale or transfer of an operation does not result i. a charge in use , the permit may he reassigned . D . Revocation of Permit . Any user who violates any of the conditions of this Chanter , of applicable state and federal regulations or any of the following conditions ,. is subject to ,ermI revocation : 1 . Failure to factually report the wastewater constituents and characteristics of discharge ; 2 . Failure to report significant changes in operations or wastewater constituents and characteristics ; 3 . Refusal of reasonable access to the user ' s _premises for the purpose of inspection or monitoring; 4 . Failure to provide official evidence of proper disposal of nondomestic wastes not permitted by city ordinances ; t,azardous wastes.) 13 . 08 . 230 Reporting requirements for permittees. A . Any discharger of nordomest: c wastewater may be re- cured to submit to the Director , a report indicating the nature, concentration , and daily flows of all limiting pollutants . The renort shall also state whether the applicable pretreatment standards and requirements- are being consistently met . B . After meeting the requirements set forth in subsection A of this section, the user shall submit self-monitoring reports, as required by the Director , to assess and assure continued compilance with pretreatment standards and requirements , including, but not limited to, the reports required in 40 CFR 403 . 12 . These reports shall contain the results of sampling and analysis of the discharge , done in accordance with the procedures approved by the POTW. C. Reports, such as .those identified in subsections A and B but not limited to, shall be signed and certified by an authorized representative of the discharging facility. D. All industrial users shall be required to retain for a minimum of 3 yearsany records and/or reports of monitoring ac- tivities or results and shall make such records/reports available for inspection and copying by the POTW. This period of. retention . shall be extended during the course of any unresolved litigation regarding the industrial user . 13 . 08 . 240 Confidentiality-Public disclosure. A. Effluent data shall be available .to the public without restriction. 10 � -fib B . Notification of significant violators and significant noncompliance shall be published at least once -every twelve months in the major local newspaper . Article III . Charges and Fees 13 . 08 . 250 Determination-User classification. A schedule of charges and fees shall be adopted by the city by resolution and may be ame.n.de^. from time to time which will enable the city to comply with the revenue requirements of the State Clean Water Grant Program . Charges and fees shall be determined in a manner consistent with regulations of the Grant Program . 1 . All users shall be classified by assigning each one to a user classification ( Significant Industrial User , Class I User or laS 71 critogory accord' nq `U the prinq_pal activity concucted on the user ' s premises and appropriate nonindustrial classy firatio^.s as cte _ ..._ned 'L, :e s;- "hc ourpose of such ch is to facilitate the re u' iation of wastewater e;scr_arges based on wastewater con_, ._ :u: :::s and characteristics to provide an effective means of source control , and to establish a sy-tem o` user charges and riser wastewater discharge permit fees which will insure . an equitable .recovery of the city' s cost `or operation of the pretreatment proaram; 2 . The charges for each wastewater constituent and charac- teristic shall be established by ")e city and set forth in the city' s schedule of charges and fees , which may include, but shall not be limited to: a . User classification charges ; b. Fees for monitoring and inspections ; c . Charges and fees based on wastewater constituents and characteristics to include industrial cost recovery provisions of the .Federal Act ( i .e . , PL 92-500) ; d. In case a residence or place of business becomes vacant , the minimum sewer charge shall be collected until the city is requested to shut off the water ; e. All charges for such sewage service shall be paid at- the tthe same time as water charges are paid to the city and shall be billed upon the same water bill sent to the user and both amounts must be paid or the city may, in addition to other remedies , shut off the water service; f . Any person failing to pay the sewer service charge when due , and if the water service has been disconnected, shall pay the water restoration-reconnection charge provided for in Section 13 . 04 . 180 . When user classification charges are established, they shall be based upon a minimum basic charge for each premises , computed on the basis of wastewater from a domestic premises . The charges for all classifications of users other than the basic domestic premises shall be based upon the relative difference between the. average wastewater constituents and 11 t Ccharacteristics of that classification as related to those of a domestic premises . Such charges and fees may be based upon the measured or estimated constituents and characteristics of that user which may include , but not be limited to, BOD, COD , SS , oil and grease , chlorine demand, heavy metals and volume. 13 . 08 . 260 Use of revenues . derived by the city under t e rirovisions of the ordinance codified in this article sh?il be ;isc'C for the uDeration , aCotlisi- tlon , corstl ructon , reconrat.":aC',.ion and ma'_^.te-nance of the sanitary sewer system and shall - be applied to i_^.�. _'C':t T'E:.:,t:•n',. Uf anv bonded indCbl-edress w_': ;,'as incurred to improve the sanitary sewer system. P:r iC.LC ..J .. :�:il C'S and S\eau-a`.ans Governing the Disposal of Septic 'ian'.c Cleanings 13 . 08 . 270, Unlawful to dump on land . 1`_ is unlawfl for any person to dump or discharge raw or chemically treated sewage from any source onto the surface of any Cl' lands within the city, except such lands as the city utilizes in connection with the operation of its wastewater treatment plant . 13 . 08 . 280 Unlawful to dump into city collection system except as provided in this chapter. It is unlawful for any person to dump or discharge into the city sewer collection system septic tank cleanings -or any raw or chemically treated sewage from septic tanks or any industrial or unidentified liquid waste or any hazardous waste except as provided in this article . 13 .08 . 290 Dumping regulations . Raw or chemically treated sewage from chemical toilets may be discharged or dumped into the city sewer collection system only at the places designated by the Director . 13 .08 . 300 Dumping permit and fees . Each person dumping or discharging raw or chemically treated sewage into the facilities of - the city shall pay the appropriate fees established in accordance with the criteria set forth in Section 13 .08 . 250 . 12 Article V . Enforcement 13 . 08 .310 Unlawful discharges. A. Notification of Discharge. 1 . Users shall notify the Director immediately upon discharging wastes in violation this chapter to enable countermeasures to be taken by the r:ity to minimize damage to the community sewer , .reatment faciiit•y-, treatment process , treatment i C.'_ snnnel and -he :"CCe1- `i n.g waters, . 2 . :'his nC, .Jf cation. shall ue followed within `:.teen days of the date of occurrence , by a detailed written S':atement describing the causes of the accidental discharge and the measures ~being taken to pl'e.vent futnr�,` occurrence. 3 . Such notification ill not relieve users of liability w for any expense , loss or damage to the sewer system, treatment plant , or treatment process , or for any fines imposed on the city b'v an V_ Tub is enti' " on account thereof : 3 . Notices to Employees. In order that employees of ..sers be informed of city recuiremerts , users shall make available to their employees copies of this chapter , together with such u4-her wastewater information and notices which may be furnished by the city from time to time directed toward more effective water Dollution control . A notice. shall be furnished and permanently posted on the user ' s bulletin board advising employees whom to call in ease of an accidental discharge in violation of this chapter . C . Preventive Measures . Any direct or indirect connection or entry point. for persistent or deleterious wastes to the user ' s plumbing or drainage system should be eliminated. Where such action is impractical or unreasonable , the user shall appropriately label such entry points to warn against discharge of such wastes in violation of this chapter . 13 . 08 . 320 Issuance of cease and desist orders . When the Director finds that a violation of this chapter has occurred, or appears imminent , and the violation appears to present an imminent endangerment to the health or welfare of persons , or the environment ; or which threatens to interfere with the operation of the POTW, the Director may after informal notice to the violator, issue an order to cease and desist and direct those persons not complying with this chapter to : A. Comply forthwith; or B . Comply in accordance with a time schedule set forth by the Director ; or C. Take appropriate remedial or preventive action in the event of a threatened violation. 13 � -�{3 G1 13. 08 . 330 Submission of time schedule . When the Director finds that a discharge of wastewater has taken place, in violation of prohibitions or limitations prescribed in this chapter, or wastewater source control requirements , effluent limitations or pretreatment standards ; or the Drov.1 s ions of a wastewater dischar(.e permit , -he Director ; ay require the user to submit to the Manager , a report containing :.^.et^ods to elimi-' nzlte illeaal discharges , a t ^1e -che.d:ile For the commencement and comb_ letion of anv ecuioment installat-ion or ^:&:: •. _._': ^:.:t: ?.0 CF!5`S c:'_" / to co11L?.y w4 l:" discharge _ -i tat ions and methods of assurance of continued compliance . 3 . 08 . 340 r,on(.:aIS A. Any user , permit applicant , or permit holder affected by any decision , action or determination, including cease and desist orders , made by -he Director , interpreting or implementing the provisions of thi' s chapter or in any permit issued herein , may Zile wi ':h the City Clerk a written appeal within ten days of such decision, action, or determination, setting forth in detail the facts supporting the appeal . B . The written appeal shall be heard by the council within thirty days from the date of filing. The council shall make a final ruling on the appeal within ten days of the close of the meeting . Pending final determination on the appeal by the council , the decision appealed from shall remain in full force and effect . Article VI . Abatement and Penalties 13 . 08 . 350 Use of provisions. T!,e actions and remedies available to the Director in the sections set forth in this article may be utilized separately or in combination by the Director as it deems appropriate . 13 . 08 . 360 Declaration of public nuisance . Discharges of wastewater in any manner in violation of this chapter or of any order issued by the Director as authorized by this chapter , constitutes a misdemeanor and is also declared to be a public nuisance which may be corrected or abated as directed by the Director . 13 .08 . 370 Injunctive relief . The Director is authorized to seek injunctive relief to halt the noncompliance by any industrial user with any n pretreatment standard or requirement under this Chapter, or permit issued hereunder . 14 13 .08 . 380 Assessment of cost. Any person who discharges or causes to be discharged any water or wastewater in violation of this chapter and. such discharge, either singly or by interaction with other discharges , results in damage to or is otherwise detrimental to or adversely affects the POTW, stormdrain system or waters of the state , shall be liable to the Director for expenses necessary to correct that damage , detriment or adverse effect . The expenses may include , but are not limited to , costs for labor , material , inspection and overhead . Any expenses resulting from the investigation of unlawful discharges shall be collected from the responsible party . In addition, any monetary penalties imposed against the Director shall also be tests for which the violator is liable to the Director . !3 . 08 . 390 Civil Penalties . Any person who violates any provision of this chapter or permit issued hereunder , or who discharges wastewater which causes pollution, or who violates any cease and desist order , prohibition, effluent limitation, national standard of performance , pretreatment or toxicity standard shall be liable for an administrative civil penalty of not less than $1 , 000 per day per violation. Penalties shall be assessed by the Director , after opportunity is given for a hearing. 13 . 08 . 400 Criminal oeralties . Any person who violates any provision of this chapter or permit issued hereunder , or who discharges wastewater which causes pollution, or who violates any cease and desist order , prohibition, effluent limitation, national standard of performance, pretreatment or toxicity standard shall be guilty of a misdemeanor . Each day of violation shall constitute a separate offense .. The penalty for violation shall. include a fine of not less than $1 , 000 per violation. 13 . 08 . 410 Falsifying information. Any person who knowingly makes any false statements , representation, record, report ; plan or other document filed with the Director , or who falsifies, tampers with; or knowingly renders inaccurate any monitoring device or method required under this chapter, shall be. guilty of a misdemeanor . 13 . 08 .420 Termination of service. The Director may revoke. any wastewater discharge permit , or terminate or cause to be terminated wastewater service to any premises if a violation of any provision of this chapter is found 15 .0 - �7 i to exist or if a discharge of wastewater causes or threatens to cause a condition of contamination, pollution or nuisance as defined in this chapter . This provision is in addition to other statutes , rules or regulations , authorizing termination of service for delinquency in payment.. G i /� •#v ]6