HomeMy WebLinkAbout01/16/1990, C-3 - REVISION OF THE CITY'S SEWER ORDINANCE IIINNIRIII�IIIIIII�) III DATE:
I=�I� CIVJ' Or Sall LUIS OgISpO Jan.Jan. 1 16, 1990
COUNCIL AGENDA REPORT MEM NUMBER/� f
FROM: William T. Hetland Prepared by: John E. Moss
Utilities Director Wastewater Division Manage?�
SUBJECT: ((((////
Revision of the City' s Sewer Ordinance.
CAO RECOMMENDATION:
Give final passage to Ordinance No. 1158 amending
Chapter 13 . 08 , Articles II through VI of the City Sewer
Ordinance as recommended.
BACKGROUND:
On January 2 , 1990 Council Introduced to Print Ordinance No.
1158 amending Chapter 13 . 08 , Articles II through VI of the
City Sewer Ordinance . Revisions to the ordinance were made
in order to comply with State and Federal requirements of the
National Pretreatment Program . The changes will provide the
City with an adequate compliance mechanism for implementation
of the City' s Pretreatment Program.
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
Drivately owned wastewater. _`acilities 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 industria; lasers resulting from unlawful
discharges .
- provision of civ"; and crimi4nal penalties of not
less than $1 , 000 per day per violation.
- provision of additional administrative authority for
enforcement and regulation of industrial users .
ALTERNATIVES :
1 . Give final passage to ordinance amending City' s Sewer
Ordinance as recommended.
2 . Take no action on this item at this time.
�����► ►��IIIIIIIIII► ���III city of san tufa osispo
Nii% COUNCIL AGENDA REPORT
Sewer Ordinance Revision
January 16 , 1990
Page 2
CITIZEN PARTICIPATION:
All currently permitted industrial users were notified by mail of
the public hearing on January 2 , 1990 considering introducing to
print the revised ordinance . There were no comments regarding the
ordinance presented by the public at the hearing. Telephone
conversations with interested industrial users prior to the public
hearing were of an inquisitive nature and there was no actual
support or opposition to the proposed chances to the ordinance.
CONCURRENCES:
The City attorney's office has assisted in making the proposed
changes to the ordinance and concurs with them.
CONSEQUENCES OF NOT TAKING THE RECOMMENDED ACTION:
By not taking the recommended action, the City may be subject to
enforcement action by the EPA or the State of California for nor_-
compliance with the provisions set forth under 40 CFR 403 . 8 .
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 nes•
violation_ There are no other significant fiscal impacts .
RECOMMENDATION:
Give final passage to Ordinance No. 1158 amending Chanter 13 . 08 ,
Articles II through IV of the City Sewer Ordinance as recommended.
ATTACHMENT - Ordinance No . 1158
I
ORDINANCE NO. 1158 (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 2nd day
ofJanuazN 1990.
On motion of Counc,,bjoman Rappa seconded by Councilman
Re�.sh , and on the following roll call vote:
AYES: Coune i -membuL6 Rappa, P.e Lsz, Pinard, Roa&an and Ala fon. Dunt.n
NOES: None
ABSENT:None
DUNIN
ATTE
PAM 'tGES, CIT C ERK.
APPROVED:
CITY A INISTRATIVE OFFICER FINANCE DIRECTOR
r -
4"A
AT0 Y UTILITIES DIRECTOR
C�-3-� 1158
Chapter 13 . 08
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 . 09. 150 Federal categorical
pretreatment standards -
Applicability.
13 . 08. 160 Grease, oil and sand
interceptors
13 . 98 . 16B Effluent limitatiens
premulgated by the Fedeval
Water Pellutien eentrell Aet
i3-65. iq9 Greases e3l and sand
.
13 . 08 . 170 Pretreatmentfacilities
i3 . 08-1SS Pretreatment - fae 1 : L: _s
13_. 08 . 180 Control manhole.
13 . 08 . 190 Measurements and tests.
Measurements and
13 . 08 . 200 Drainage below curb -and below
main sewer level
i
o nt-r-...r--n--r.� ^n A.vtiele previsiens ftet -te
prevent spee*a! agreements.
C' 13 . 08:210 Powers and authority of inspectors.
-4:3. 98-228
blew-,r�nisewe��
13 ..08. 22. 0 Permit-Required-Term-Transfer
Revocation-completion of an
Industrial User's Survey required
inspeetersr
13 . 239
13 . 08. 230 Reporting requirements . for
permitees
ie nn 2
1TVCT59Jv
13 . 88 .249 Permit Required T T.1111.1.
lal User' s Survey
13 .08 .240 Confidentiality - Public
Disclosure
13 . 98 .269
cx
a. sce
rvasiic
Article III. Charges and Fees
13 . 08 .250 Determination-User -Classification
3-. E)8 .2:7 9 Beterminatien- User eiassifi-eatien
13 .08..260 Useofrevenues
' 3,-x--896 Use efrevenues
-132AG-R .zmB e
Artle3:e IV. Rules and Reejulatie...
(oldll T.......': - s
13.-88.2;91
93TVC .2;91 0 -
3a 88�-TiTR
v*ded- in this ehapter.
i3:-98.32 _ ..
T
� a .
29V8 . 3P�J39 JV
1Dumping-
1 T-.Vn nQ: e n
S JTV permit
Article IV. Rules and Regulations
Governing the Disposal of -
Septic Tank cleanings
New Provisions)
13 . 88. 359 Uniawful te dump en land
13 . 08. 270 Unlawful--to dump on land
13-. 98. 3G6
n
eall-ectien system emeept as
previded in this ehapter
13 . 08 .280 Unlawful to dump into city \ -
collection system except as
provided in . this chapter.
13 . 08 . 290 Dumpincr regulations.
1 8&. 38& Sumping pemit and fees
13. 08 . 300 Duiaping permit and fees
Article V. "bele Vir Enforcement
13 . 08 . 310 Unlawful discharc[es
i3 . 0 o . 398 Aeeidenta diseh g s
13 . 08 . 32.0 Issuance of cease and desist orders
gioa.
13 . 08 . 330 Submission of time schedule
rr. 08:�zv- � , n L _f time ,.u.,.a.rle
vv
when
13.. 08 . 340 Appeals
of n
Appeal-s
Article VI . „_, iele "TT. Abatement and Penalties
13 . 08 . 350 Use of- provisions
e 0 6 4 3 9 - - - - -
13 .08 60 Declaration of public nuisance
9 7 n� Beela- -
13 . 08 . 370 Injunctive relief
rrvo--r_,.o
13 . 08 . 380 Assessment of cost
7 1 n o- A L A
13 . 08 . 390 Civil penalties
13 . G8 .440
13 . 08 .400 Criminal penalties
Griminal penalties
13 . 08 .410 Falsifying information
1 3 e 9 0
rrv9 8 .ry
13 . 08 .420 Termination of service
3n--98 .=5w �Fe tt to —est
CArticle II .
13 . 08 . 110 Purpose and scope:
A . These orovisions set forth standards and
regulations governing discharges into the publicly owned
treatment worms (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 ) .
_ . _'::e objectives of *_hese provisions are :
_ . ':'o prevent the introduction of pollutants into the POTW
which will interfere with the operation of the POTW , including
_nterference with the use or disposal of municipal sludge ;
2 . To orevert the introduction of pollutants into the
POTW which will pass through the system inadequately treated or
ot'nerwise be incomoatible with the system;
3 . l'o _:-~rove opportunities to recycle and reclaim
wastewater_` and �,.:cces _` o:-: . �_e systcm;
4 . T,. protect PCT_r+ personnel frog., exposure to hazardous
S;OL`8 :JTJ:%1ee for the regulation of d4rect
_ c contributors to the POTW -hroucn the issuance of
-ustria, users , pretreatment and reporting reauire-
ments for permittees , monitoring and enforcement of noncom-
-o ance ..
13 . 08 . 120 Definitions .
The 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 ir_ ( 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 standardsspecifying 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 .
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E. "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
character as to permit satisfactory disposal to , and treatment:
in, the PCTW.
G . ,ease" means al. `at , grease , ol , wax or other
trichlorotrifiuoroethane soluble matter of animal , vegetable ,
oetroieum or mi,-era-1 origin.
L., " Industrial user" �:.eans a person who discharges
nondomestic wastewater into ^e city sewer. system.
I . "Industrial user ' s survey" means a questionnaire (and
_e:ated process ! used by -ne c-fty identify and categorize
ind-_stria_ users and t^e rharacteristics of their wastewater
., "I.__-ectJous .::i_^`_:.. 'eans a"..; waste' -ate-4ai or article
Which '-arbors or may reasonab-' v be considered to harbor any type
Of :.:icroo-ca' '1 , B7' " C: _.:SF'S 07. s4 =44.lcan-ly
contributes to increased mcrbid_ty mortality _n h,man beings .
V . n`er.erc•nre -e:,- a:_ _ :._b.: lJo^ or disrupt-on 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
P01W' s NPDES permit ( 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 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
nublication of nr000sed 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
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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 PON in quantities or concentrations which are a cause of or
significantly contribute to a violation of any requirement of the
POTW' s NPDIES permit ( including an increase in the magnitude or
duration of a violation) .
O. "Person" means any individual , Firm, comoany,
association , society, corporation, group , covernmental agencv or
educational institution . '
"P bl i c v Owned _�-eatm.e^.t Works ( POTW) " means c-� tv
owned sewer system, including sewer napes within the city that
corvev_ wastewater to the treatment plant , the treatment plant ,-
sewer pipes that convey wastewater to the treatment plant from
nersons outside the city who contract With the city to use the
sewer system, and related facilities .
Q . "Signffica_^_t 1-dustrial vse" � S�ii) " means anv
indust-ial discharger subject to federal categorical pretreatment
standards or an•_ industrial discharger 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 .
R.. "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, liquid 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.
T_.. "Wastewater treatment plant fWWTP) " means city-owned
and operated sewage treatment plant .
13 . 08 . 130 Stormwater and unpolluted drainage.
A. No person shall discharge or cause to be discharged
anv 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 person shall. discharge or cause to be discharged any
sewage, garbage, rubbish, rubble or otherwise polluted water to
any stormdrain or natural outlet .
3
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n.
13 . 08 . 140 Prohibited discharges . _
A. It shall be unlawful for an industrial user to
discharge pollutants into the POTW:
1 . Without a hermit ;
2 : When such with a properly issued wastewater d'scharae
permit , pollutants are not covered by that permit;
3 . where such pollutants would cause the POTW to violate
its NPOFS permit .
c--1�pt as hereina'ter nrovfded , no Derson shall
dlscnarce or ca-..se to be discharced anv of the following
desr_ I beU waters or wastes, to anv sewers :
_ . Any liquid or vapor having a temperature higher than
one hundred fifty degrees Fahrenheit into the sewer and an no
case higher than one hundred and four degrees Fahrenheit at
introduction into the wastewater Treatment plant ;
2 . Any waters or wastes containing oil and grease such
that the discharge results in a stophaae , Dluoaing, breakage ,
significant obstruction: to flow or ariv 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
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 1
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 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
interferer_ce 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
approval of the Director;
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C9 . Any wastewater containing in excess of :
15 : 0 mg/1 aluminum
1 . 0 mg/1 arsenic
0. 25 mg/l cadmium
0 . 5 mg/1 copper
0. 5 mg/1 chromium
7 . 5 mg/l flouride
30 . 0 mg/1. iron_
0 . 5 mg/l lead
0 . 01 -g/1 mercury
0 . 1 mg/l selenium
3 . 0 mg/l zinc
2 . 0 mg/l M.B .A. S .
1 . 0 mg/1 phenol
30 . 0 mg/l ammonia
300 ..0 :1,4/1 sulfate
7 . 5 mg/1 boron
250 . 0 mg/1 B . C .D .
Any wastewater , other than water-softening regeneration
hrl-ie , cor:tain_' g
4n e:lcess of
1600 , 0 me/1. total dissolved solids
300 . 0 mg/1 sodi:::-i
300 . 0 mg/l chloride
\ 10 . Any waters or wastes containing any radioactive
materials or wastes of such half-life or concentration that they
do not comply with regulations ;ssued by appropriate authorities
( Sections 30205 and 30287 of the California Code of Regulations) ;
11. . Any infectious wastes ;
12 . Any waters or wastes containing color which is not
removed in the ordinary WWTP treatment process.
C . ::imitations 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 quality standards or effluent.
limitations specified in the city' s NPDES permit .
D . When the Director determinesthat 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 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
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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
Pretreatme_^.; Standards for a particular industrial subcategory,
the federal standard shall apply in any instance where its
limitations 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 nroner handling of liquid wastes containing grease , flammable
wastes , sand o- other harmful constituents ; except that such
S`:all nrit be _eci;J7,ed for pr:i'vate Divi_^_G c arters or
dwelling A-.: _; -terceD-ors wall be of a t-,;Pe and CaDcClty
a ?'oved Dy --e- _' r .C`,G^ accordance w' th -E� .,...._`G•.,•^. �+ll'.:1biT:g
nD
Code, an6 shall be Iccat.ed' as t0 be readily and easily accessible
for clean -gig and .nspect.:Gn . Crease and o.4 -1 --_tercepturs s<^.a;
be cons tru--cd of i;'.uervia,_-s materials Capab:e O' - I' - c ndi='.
and e:_,reme c^anges tcmperat re . _ey sh ai_ be of
substantial construction, watertight, and equipped with easily
removable covers which , when bolted in place , shall be gastight
and watertight . Where installed, all grease , oil and sand
irterceptors shall be maintained by the owner , at his expense , in
continuously efficient operation at all times . Failure to
properly maintain interceptors in continuously efficient
operation may be considered sufficient cause for disconnection of
premises from the POTW or punitive actions as provided for in
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
facilitate observation, sampling and flow measurement of the
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C 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 . 08 . 190 Measurements and tests .
All measurements , tests and analyses of the
c'sl.a_-acteris'ics of water and wastes snail be deterM4ned by the
testing procedures specified in 40 CFR Dart 135 . When required
by the Director , the 'industrial :.ser small provide safe and
secure access to the proper sampling point for the determination
of co'"Dl a-ce w-ftn f-der a C::i`. CCcrlca- s tandardS and./or local•
discharge limits . This may require the installation of a control
manhole as described above . Al' ] testing shall be performed by an
annroved laboratory and conducted at the e.vnense of the
d' s(_."a'"ge
Dra nace below c:.:rb and below rr,ain sewer level
A . Drainage piping serving fi--:"res , the flood level rims
of which are located below t e ele atio^ of the curb or property
line, at the noir_' where tn_e 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 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 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 . oart 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 when 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
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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 all devices or safeguards which
are required by the section for the operation thereof , shall be
:Ila1n'ia- ne( .._. a c000 wor'r;ing Order . :-f a pr_ o;oe_^ty OWner �ai�S ':U
maintain the wastewater disposal facilities in a safe and
San, tar"- ca-:d� _ion , -.,c• ;rf:ctor may order and reauire
termination U: Water service to the parcel and all structures
connected to the sewer o flet subject to ;mproper conditio^.s .
The water service shall not be reinstated until the maintenance
or installation of appropriate wastewater disposal facilities has
been approved by the Director .
13 . 06 .210 Powers aad authority of inspectors .
A. Ins-oection of Premises . The Director, the Health Of-
ficer , or otter duly a::t`ori.zed employees or representatives of
the city or the health department bearing proper credentials and
identif' cat;an sha'"I be permitted to enter all properties for the
purposes of inspection, observation, measurement , sampling and
testing ? 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 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 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. Cost of Insaection. -act:
I
CD. 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
the city holds a duly negotiated easement for the purposes of ,
but not limited to , inspection, observation, measurement ,
sampl4-g , repair and maintenance of any nortfoT, of the POTW.
:3 . 09 . 220 PerTit-Pecuired-Term-Transt-r-Pevocation-Completion of
an
All dischargers of nondomestic wastewater to the city
=ewer system shall complete an ^dusI- i 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 . Wastewater discharge permits shall
be expressly subject to all provisions of this chapter and all
other reaulations , user charges and fees established by the city.
The conditions of wastewater discharge permits shall be uniformly
enforced by the Director i_, accordance with this chanter , and
applicable state and federal regulat_ons . 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
�J characteristics ;
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;
7 . Recuirements for submission of technical reports or
discharge reports ;
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 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
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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
discharae nermit shall not be reassianed or transferred or sold
to a new owner, new user , different premises , ora new or changed
operation . Provided that , if in the opinion of the Director. , 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 :
1 . Failure to factually report the wastewater
constituents and characteristics of discharge ;
2 . Failure I repot significant chances in operations or
wastewater constituents and characteristics;
3 .
Refusal of reasonable access to the user ' s Dremises
for the purpose of inspection or monitoring;
4 . Failure to provide official evidence of proper
disposal of nondomestic wastes not permitted by city ordinances
( ^azardous
was-es)
13 .08 . 230 Reporting requirements for permittees .
r'. .
Any CiSC_^,argE'rof nondomest- c wastewater may be re-
cuired to submit to the Director , a report indicating the nature,
concentration , and daily flows of all limiting pollutants . the
report shall also state whether the applicable pretreatment
standards and reauirements are being consistently met..
S . After meeting the requirements set forth in subsection
A of t:nis 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 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 dischargdng facility'.
D . All industrial users shall be required 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 Confidentiality-Public disclosure .
A. Effluent data shall be available to the public without
restriction.
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CB . 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 sc^ecule of .::arges and fees shall be adopted by the
City by solution 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 ,;sers shall be classified by assigr_ing each one to
a iiSPr C:aSS1fl:Cat�.O^. ( S;gnifiCan: �nd'1St2'iai User , Class 1 User
Gr IT Uscr ) category according tU ,tPe principal activity
CCnQL'C:ed on vhe ase_ s ?remises and aoprouriate nonindustrial
CidSSi _` call nS as :.0 tE1 Y'.:.^,1 ned ti.)! the City . ilio Durpose of such.
classifica-ion is to faci_itate the regulation of Wastewater
d_" sc'S ;_iraes based on 4.fi5t(:Wate CpnS'.:= t:iL'._:tS and C^araCtGr�St1C^
tC T]rCVi(:�- an Ceffect:ve mean- of source control , and to establish
%i Sv-^-,-e.m i) ;:Ser Chard-' and _-:d;:s.riai user wastewater discharge
Permit fees which will insure a"t egultable recovery of the city' s
�- cast for nDeration of the oret_"'ealment program ;
2 . T'.^.e 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 paid at
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;
f . Any perso.n 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 Dremises shall be based upon the relative
difference between the average wastewater constituents and
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6s-�/
characteristics of that classification as related to those of a
i
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. vol,ime .
13 . 08 . 260 Use of revenues .
Reveni:e derived by -he city unfA;1.:r "he provisions of the
ordi.na--ce cOC_f1E1- in t'"::s article S.^. '_� be ii ;aG for the
ar,er�t o. 2,ccuisi .`c;r: , constructor. , recon r•.:ction and
maintenance of the sanitary sewer system and shall be applied to
r�.�: _.. r•, ^'. CST i:i _;• bonded
i..^.0 P.b ti.•dF:S�. l'^;� C-n Was incurred t,o
improve the sanitary sewer system.
F:.rtic. c IV . Rules and ions
Go ernln.lJ'. the Disposal of Septic Tank
. r can i_^.aS
13 . 08 . 270 Unlawful •:o dumb on land .
' `.. iS L':! :3W`�i,i _`or any pe, son to dump or discharge raw or
chemically treated sewage from any source onto the surface of any
lands :J t^in 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 to 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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CArticle V. Enforcement
13 . 08 . 310 Unlawful discharges .
A. Notification of Discharge..
i . Users shall notify the Director immediately upon
discharging wastes in violation this chapter to enable
countermeasures to be taken by the city to minimize damage to the
community sewer , treatment facility, treatment process , treatment
person^el and the receiving waters .
2 . :'his notificatio- shall be w.lthin fifteen
days of t-Q date of occurrence , by a detailed written statement.
describinc the causes of the accidental discharge and the
measure.; LJ P._^y til lz-e_- t0 ^P. vent fut,,1rc ncC'.. (.`ncr .
3 . Such notification will not relieve users of liability
for any c;-pense , oss or damage to the sewer system , treatment
plant , or treatment orocess , or for any fines imposed on the city
by any public enti' • on acco:.nt thereof .
S . Notices t'.) Em'Djoyees . In order that employees of
:secs be informed of city requirements , users shall .rake
available to their employees copies of this chapter , together
witR sL'c:: other. Wastewater 1 formation and I:ot ices Which may
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 ah 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 'Labe' 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 chanter 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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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 provisions of a wastewater discharge permit , the Director may
require the user to submit to the Manager , a report containing
met;:odc to eliminate illegal discharges , a t mechedule for the
commencement and completion of any equipment installation or
m iw, ?.:t.i:-,..'-^:;e nocessary to cnmTDly Wi4-1' discharcc imitations an(]
methods of assurance of continued compliance..
13 . 08 . 340 appeals
A . Any user , permit applicant , or permit holder affected
ty any decision, action or determination, including cease and
desist orders , :rade by the Director , interpreting or implementing
t:ne 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
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. Pendina 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 .
The actions and remedies available to the Director in the
sections set forth in this article may utilized separately or
_n: combination by the Director as it deems appropriate .
43 . 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
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 exaenses may include ,
but are not limited to , costs fcr labor , material , inspection and
overhead . Anv expenses resulting from the investigation of
unlawful discharges shall be collected from the responsible
party . in ad' tion , any monetary penalties imposed against the
Director shall also be costs for which the violator is liable to
the Director .
13 . 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
nerformance , pretreatment or toxicity standard shall be liable
for an administrative civil penalty of not less than $1 ,000 per
da-.,.7 Der violation . Penalties shall be assessed by the Director ,
after opportunity is given for a hearing.
1.3 .08 . 400 Criminal Denalties ..
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 . 40 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 .
16