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
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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
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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
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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
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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.
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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
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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 .
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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.
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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 .
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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
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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..
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