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ORDINANCE NO. 1195 (1991 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING MUNICIPAL CODE CHAPTER 13.08, SECTIONS 120, 140 AND
420 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, Sections 120, 140 and.
420 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 18th day of June
1991.
On motion of Councilman Roalman , seconded by
Rappa , and on the following roll call vote:
AYES: Councilmembers Roalman, Rappa, and Hayor Dunin
NOES: None
ABSENT: Councilmembers Pinard and Reiss .
YOR RON DUNIN
ATTEST:
PAM VCfES, CITY aLERK
APPROVED:
7:r
CI Y ADMINI RAT OE OFFICER y 7.; 7
Ex10111LB/ �i.�L.
UTILITIES DIRECTOR
Councilwoman
0 1195 ,
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 General
Pretreatment Regulations (40 CFR, 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
otherwise be incompatible with the system;
3. To improve opportunities to recycle and reclaim
wastewaters and sludges from the system;
4. To protect POTW personnel from exposure to hazardous
chemicals.
C. These provisions provide for the regulation of direct
and indirect contributors to the POTW through the issuance of
permits to industrial users, pretreatment and reporting require-
ments for permittees, monitoring and enforcement of noncom-
pliance.
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 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. "Class I industrial user" means any industrial user,
not defined as a significant industrial user, that has materials
and /or wastes on site that if discharged to the sewer may impact
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the POTW in a negative manner. These materials and wastes
include, but are not limited to any and all prohibited discharges
described in section 13.08.140 of this chapter.
E. "Class II industrial user" means any industrial user,
not defined as a significant industrial user, that may discharge
conventional pollutants to the POTW which may cause interference
or pass- through. These wastes include but are not limited to
laundry discharges, non - hazardous solids and oil and grease of
animal or vegetable origin.
F. "Conventional pollutants" means pollutants which are
usually found in domestic and /or commercial wastes such as
suspended solids, biological oxygen demand, pathogenic organisms
and oil and grease of animal or vegetable origin.
G. "City" means the City of San Luis Obispo.
H. "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.
I. "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 POTW.
J. "Grease" means all fat, grease, oil, wax or other
trichlorotrifluoroethane soluble matter of animal, vegetable,
petroleum or mineral origin.
K. "Industrial user" means a person who discharges
nondomestic wastewater into the city sewer system.
L. "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.
M. "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.
N. "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 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.
0. "Natural outlet" means any outlet into a water course,
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pond, lake or other body of surface or ground water.
P. "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
of the building, structure, facility or installation are
substantially independent of an existing source at the same site.
Q. "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).
R. "Person" means any individual, firm, company,
association, society, corporation, group, governmental agency or
educational institution.
S. "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.
T. "Significant Industrial User (SIU)" means any
industrial discharger subject to federal categorical pretreatment
standards or any 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
intermittently 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.
U. "Significant noncompliance" means any one of the
following:
1. Chronic violations of wastewater discharge limits, as
defined here as those in which sixty -six percent or more of all
of the measurements taken during a six -month period exceed (by
any magnitude) the daily maximum limit or the average limit for
the same pollutant parameter;
2. Technical review criteria (TRC) violations, defined
here as those in which thirty -three percent or more of all of the
measurements for each pollutant parameter taken during a six -
month period equal or exceed the..product of the daily maximum
limit or average limit multiplied by the applicable TRC (TRC =1.4
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for BOD, TSS, fats, oil and grease, and 1.2 for all other
pollutants except pH);
3. Any violation of a pretreatment effluent limit (daily
maximum or longer term average) that the city determines has
caused, alone or in combination with other discharges,
interference or passthrough (including endangering the health of
POTW personnel or the general public);
4. Any discharge of a pollutant that has caused imminent
endangerment to human health, welfare or to the environment or
has resulted in the POTW's exercise of it's emergency authority
as stated in this chapter to halt or prevent such a discharge;
5. Failure to meet, within 90 days after schedule date, a
compliance schedule milestone contained in a local control
mechanism or enforcement order for starting construction,
completing construction, or attaining final compliance;
6. Failure to provide, within 30 days after the due date,
required reports such as baseline monitoring reports, 90 day
compliance reports, periodic self monitoring reports, and reports
on compliance with compliance schedules;
7. Failure to accurately report noncompliance;
8. Any other violation or group of violations which the
city determines will adversely affect the operation or
implementation of the local pretreatment program.
V. "Stormdrain" means a sewer which is designed to carry
storm and surface waters and drainage rather than sewage or
industrial wastes.
W. "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.
X. "Wastewater treatment plant (WWTP)" 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
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 person shall discharge or cause to be discharged any
sewage, garbage, rubbish, rubble or otherwise polluted water to
any stormdrain or natural outlet.
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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. Except as hereinafter provided, no person shall
discharge 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;
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 and /or interference.
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 and /or cause acute
worker health and safety problems to it's personnel or to the
operation of the system. At no time shall any waters or wastes
be discharged to the sewer that has a closed cup flashpoint of
less than 140 degrees Fahrenheit or 60 degrees Centigrade using
the test methods specified in 40 CFR 261.21. Prohibited
materials include, but are not limited to gasoline, kerosene,
naphtha, 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. 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;
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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9. Any wastewater containing in excess of:
17.90 mg /1
0.34 mg /1
37.45 mg /1
2.53 mg /1
.02 mg /1
5.68 mg /1
0.25 mg /1
3.81 mg /1
0.02 mg /1
712.6 mg /1
0.5 mg /1
30.0 mg /1
250.0 mg /1
250.0 mg /1
20,000.0 mg /l
arsenic
cadmium
chromium
copper*
cyanide
lead
mercury
nickel
silver
sodium
zinc
ammonia
B.O.D.
Total Suspended Solids
Total Dissolved Solids
* Copper limit for designated contributory industries
only.
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 Regulations);
11. Any infectious 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 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 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 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.
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13.08.150 Federal categorical pretreatment standards-Applic-
ability.
Upon the promulgation of the Federal Categorical
Pretreatment 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 proper handling of liquid wastes containing grease, flammable
wastes, sand or other harmful 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 in accordance with the Uniform Plumbing
Code, and shall be located as to be readily and easily accessible
for cleaning and-inspection. Grease and oil interceptors 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 installed, 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 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
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
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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
characteristics of water and wastes shall be determined by the
testing procedures specified in 40 CFR Part 136. When required
by the Director, the industrial user shall provide safe and
secure access to the proper sampling point for the determination
of compliance with federal categorical standards and /or local
discharge limits. This may require the installation of a control
manhole as described above. All testing shall be performed by an
approved laboratory and conducted at the expense of the
discharger.
13.08.200 Drainage below curb and below main sewer level
A. Drainage piping serving fixtures, 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 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 part df 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
installation of the backwater trap or backwater valve has been
approved by the Director.
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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 property owner fails to
maintain the wastewater disposal facilities in a safe and
sanitary condition, the Director may order and require
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 disposal facilities has
been approved by the Director.
13.08.210 Powers and authority of inspectors.
A. Inspection of Premises. The Director, the Health Of-
ficer, 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 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 Inspection. Each discharger shall pay a
reasonable inspection 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 liability 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 by this chapter.
D. Rights of City Entry. The Director, the health
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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 the POTW.
13.08.220 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 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 regulations, user charges 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:
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;
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
thirty days prior to the effective date of change. Any changes
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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 premises, or a 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 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 Reporting requirements for permittees.
A. Any discharger of nondomestic wastewater may be re-
quired 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 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
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 discharging 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.
B. Notification of significant violators and significant
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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 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 (Significant 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
cost for operation of the pretreatment program;
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 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 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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characteristics of that classification as
domestic premises.
Such charges and fees may be based
estimated constituents and characteristics
include, but not be limited to, BOD, COD,
chlorine demand, heavy metals and volume.
13.08.260 Use of revenues.
related to those of a
upon the measured or
of that user which may
SS, oil and grease,
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.
Article IV. Rules and Regulations
Governing the Disposal of Septic Tank
Cleanings
13.08.270 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 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.
Article V. Enforcement
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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 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.
3. Such notification will not relieve users of liability
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 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 impractical or unreasonable, the user shall
appropriately label such entry points to warn against discharge
of such wastes in violation of this chapter.
13.08.320 Issuance of cease and desist orders.
When the Director finds that a violation of this chapter
has occurred, or appears imminent, and the violation appears to
present an imminent endangerment to the health or welfare of
persons, or the environment, or which threatens to interfere with
the operation of the POTW, the Director may after informal notice
to the violator, issue an order to cease and desist and direct
those persons not complying with this chapter to:
A. Comply forthwith; or
B. Comply in accordance with a time schedule set forth by
the Director; or
C. Take appropriate remedial or preventive action in the
event of a threatened violation.
13.08.330 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
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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
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.
13.08.340 Appeals
A. Any user, permit applicant, or permit holder affected
by any decision, action or determination, including cease and
desist orders, made by the 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
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.
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 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.
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,
15
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 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
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 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 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 and /or water
service to any premises if a violation of any provision of this
chapter 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 provision is in
addition to other statutes, rules or regulations, authorizing
termination of services for delinquency in payment.
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V#
Ordinance No. 1195
FINALLY PASSED this _ 2nd— _ day of July
19 91on motion of Councilman Reiss seconded by
Councilwoman Rappa and on the following roll call
vote:
AYES: Councilmembers Reiss, Rappa, Roalman, and Mayor Dunin
NOES: None
ABSENT: Councilwoman Pinard
ATTEST:
City C erk Pam Voge
Mayor �RonDunin
4
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