[Code 1979, § 2.41; amended 7-5-1994 by Ord. No. 94-07]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
In the case of a corporation, a president, secretary,
treasurer or vice-president of the corporation in charge of a principal
business function.
In the case of a partnership or proprietorship,
a general partner or proprietor.
An authorized representative of the individual
designated above if:
The quantity of oxygen, expressed in milligrams per liter,
utilized in the biochemical oxidation of organic matter under standard
laboratory conditions for five days at a temperature of 20° C.
The laboratory determinations shall be made in accordance with procedures
set forth in Standard Methods.
That part of the lowest horizontal piping of a drainage system
that receives the discharge from soil, waste and other drainage pipes
inside the walls of the building and convey it to the building sewer,
beginning five feet outside the inner face of the building wall.
The extension from the building drain to the public sewer
or other place of disposal.
The intentional diversion of waste streams from any portion
of an industrial user's treatment facility.
Any regulation containing pollutant discharge limits or requirements
promulgated by the EPA in accordance with § 307(b) and (c)
of the Act (33 USC 1317) which applies to a specific category of industrial
users.
Refers to National Categorical Pretreatment Standards or
a pretreatment standard as promulgated under authority of Public Law
92-500, 40 CFR 403.
The quantity of oxygen consumed in the chemical oxidation
of organic matter expressed in milligrams per liter.
A sewer receiving both surface runoff and sewage.
The pollutants which are treated and removed to a substantial
degree by the treatment works. These pollutants include COD, BOD,
suspended solids, pH and fecal coliform, phosphorus and its compounds,
nitrogen and its compounds.
The director of public services of the City or his authorized
deputy, agent or representative.
The United States Environmental Protection Agency or, where
appropriate, the term may also be used as a designation for the administrator
or other authorized official of the agency.
The Federal Water Pollution Control Act, as amended by the
Clean Water Act and the Water Quality Act of 1987, 33 USC 1251 et
seq., and rules and regulations promulgated thereunder.
The residue from the domestic and commercial preparation,
cooking and dispensing of food, and from the handling, storage and
sale of food products and produce.
The residue from the preparation, cooking and dispensing
of food that has been shredded to such degree that all particles will
be carried freely in suspension under the flow conditions normally
prevailing in public sewers with no particle greater than one-half
inch in any dimension.
Any nondomestic user discharging or potentially discharging,
from any nondomestic source to the City's wastewater system,
pollutants which are subject to regulation under the federal act,
state law or local ordinance.
Liquid waste carried from industrial processes, as distinct
from sanitary sewage.
Any inhibition or disruption of the City's sewer system,
treatment process, operations or residuals management program, which
may contribute to a violation of the City's NPDES permit.
Any outlet, including storm drains, into a watercourse, pond,
ditch, lake or other body of surface water or groundwater.
Any building, structure, facility or installation from which
there is or may be a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under § 307(c) of the act which will be applicable to such
source if such standards are thereafter promulgated in accordance
with that section provided that:
The building, structure, facility or installation
is constructed at a site at which no other source is located;
The building, structure, facility or installation
totally replaces the process or production equipment that causes the
discharge of pollutants at an existing source; or
The production or wastewater generating processes
are substantially independent of an existing source at the same site.
Any user of the sewage works that discharges wastes other
than or in addition to water-carried wastes from toilet, kitchen,
laundry, bathing or other facilities used for household purposes.
Wastewater with BOD of 220 mg/l, suspended solids of 300
mg/l, phosphorus of 10 mg/l, ammonia-nitrogen of 20 mg/l, a pH between
6.5 and 9.5, and not containing a concentration or quality of other
constituents which may interfere with the normal wastewater treatment
process.
A National Pollution Discharge Elimination System permit;
a permit issued pursuant to § 402 of the Federal Water Pollution
Control Act (33 USC 1342).
A discharge which exits the wastewater treatment system into
the receiving water in quantities or concentrations which, alone or
in conjunction with a discharge or discharges from other sources,
causes a violation of any requirement of the City's NPDES permit
(including an increase in the magnitude or duration of a violation).
Any individual, partnership, firm, company, corporation,
association, joint stock company, trust, estate, governmental entity
or any other legal entity, or their legal representatives, agent or
assigns.
The logarithm (base 10) of the reciprocal of the hydrogen
ion concentration expressed in moles per liter.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt and industrial, municipal, commercial and agricultural
waste or any other contaminant.
Reducing the amount of pollutants, eliminating pollutants
or altering the nature of pollutant properties to a less harmful state
prior to discharge into a public sewer. The reduction or alteration
can be by physical, chemical or biological processes, process changes
or by other means. Dilution is not considered pretreatment unless
expressly authorized by an applicable national pretreatment standard
for a particular industrial category.
Any local, state or federal regulation containing pollutant
discharge prohibitions, limitations or requirements applicable to
discharges to the City's wastewater system.
The head of the public services department or his duly authorized
representatives.
A sewer provided by or subject to the jurisdiction of the
City. It shall also include sewers within or outside the City boundaries
that serve one or more persons and ultimately discharge into the City's
wastewater facilities, even though those sewers may not have been
constructed with City funds.
A sewer that conveys sewage or industrial wastes or a combination
of both and into which stormwaters, surface waters and groundwaters
are not intentionally admitted.
Substantial physical damage to property, damage to the treatment
facilities which causes them to become inoperable, or substantial
and permanent loss of natural resources which can reasonably be expected
to occur in the absence of a bypass. Severe property damage does not
mean economic loss caused by delays in production.
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments.
All facilities for collecting, pumping, treating and disposing
of sewage.
A pipe or conduit that conveys wastewater or drainage water.
[Amended 2-8-2016 by Ord. No. 2016-01]
Except as provided in Subsection (2) below, the term "significant industrial user" means:
Any industrial user subject to categorical pretreatment
standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; or
Any other industrial user that discharges an average
of 25,000 gallons per day or more of process wastewater (excluding
sanitary, noncontact cooling and boiler blowdown wastewater), contributes
a process waste stream which makes up 5% or more of the average dry
weather hydraulic or organic capacity of the treatment plant; or
An industrial user designated as such by the public
services director on the basis that the industrial user has a reasonable
potential for adversely affecting the operation of the wastewater
system or for violating any pretreatment standard or requirement (in
accordance with 40 CFR 403.(f)(6)).
Upon a finding that an industrial user meeting
the criteria in Subsection (1)b above has no reasonable potential
for adversely affecting the operation of the wastewater system or
for violating any pretreatment standard or requirement, the public
services director may at any time, on his own initiative or in response
to a request from an industrial user, and in accordance with 40 CFR
403.8(f)(6), determine that such industrial user is not a significant
industrial user.
The noncompliance status of an industrial user with a violation
or pattern of violations that meets one or more of the following criteria:
[Amended 2-8-2016 by Ord.
No. 2016-01]
Chronic violations of wastewater discharge limits, defined as those in which 66% or more of all of the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including an instantaneous limit, as defined in § 78-31.
Technical review criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including an instantaneous limit, as defined in § 78-31, multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH).
Any other violation of a pretreatment standard or requirement as defined in § 78-31 (daily maximum, long-term average, instantaneous limit, or narrative standard) that the public services director determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health and safety of City personnel or the general public).
Any discharge of a pollutant that has caused imminent
endangerment to human health, welfare or to the environment or has
resulted in an emergency suspension of service to halt or prevent
such a discharge.
Failure to meet, within 90 days after the schedule
date, a compliance schedule milestone contained in a local control
mechanism or enforcement order for starting construction, completing
construction, or attaining final compliance.
Failure to provide, within 30 days after the schedule
date, required reports such as baseline monitoring reports, ninety-day
compliance reports, periodic self-monitoring reports, and reports
on compliance with compliance schedules.
Failure to accurately report noncompliance.
Any other violation or group of violations which
may include a violation of best management practices, which the public
services director determines will adversely affect the operation or
implementation of the local pretreatment program.
Any discharge of wastewater which in concentration of any
given constituent or in quantity of flow exceeds for any period of
duration longer than 15 minutes more than five times the average twenty-four-hour
concentration or flows during normal operation.
Any discharge of a nonroutine, episodic nature, including
but not limited to an accidental spill or a noncustomary batch discharge.
The laboratory procedures set forth in the latest edition,
at the time of analysis, of Standard Methods for Examination of Water
and Wastewater, published by the American Public Health Association
or methods given in 40 CFR 136, Guidelines for Establishing Test Procedures
for the Analysis of Pollutants.
A drain, sewer or open ditch for conveying stormwater, groundwater,
subsurface water or unpolluted water discharged in accordance with
a NPDES permit.
Solids that either float on the surface of or are in suspension
in water, sewage or other liquids.
Any pollutant or combination of pollutants listed in accordance
with regulations promulgated by the EPA under the provisions of Public
Law 92-500, § 307(A) or included in the critical materials
register of the state water resources commission.
[Code 1979, § 2.40]
The sewage works of the City is under the management of the
director of public services, or his designated representative, who
may implement this article by making such rules, regulations, determinations
and requirements as he deems necessary and advisable for the safe,
efficient and proper operation of the sewage works subject, however
to the rights, powers and duties with respect thereto which are reserved
by law to the City Council.
[Code 1979, § 2.42]
It shall be unlawful for any person to place, deposit or permit
to be deposited in any unsanitary manner upon public or private property
within the City or in any area under the jurisdiction of the City
any human or animal excrement, garbage or other objectionable waste.
[Code 1979, § 2.43]
It shall be unlawful to discharge to any natural outlet within
the City, or in any area under the jurisdiction of the City, any wastewater
or polluted waters, except where suitable treatment has been provided
in accordance with all applicable rules and regulations of local,
state and federal regulatory agencies.
[Code 1979, § 2.44]
The owner of any house, building or property used for human
occupancy, employment, recreation or other purposes, situated within
the City and abutting on any street, alley or right-of-way in which
there is now located or may hereafter be located a public sanitary
sewer of the City, is hereby required at his expense to install suitable
toilet facilities therein and to connect such facilities directly
with the proper public sewer in accordance with the provisions of
this article, within 90 days after date of official notice to do so.
[Code 1979, § 2.45]
(a)
Except for facilities approved by the county health
department in accordance with the county environmental health code
and approved by the director, it shall be unlawful to construct or
maintain any privy, privy vault, septic tank, cesspool or other facility
intended or used for the disposal of wastewater within the City.
(b)
The owner shall operate and maintain any private disposal
facilities in a sanitary manner at all times at no expense to the
City.
(c)
Within 60 days after notice that a public sanitary
sewer is available to a property served by a private wastewater disposal
system, a direct connection shall be made to the public sanitary sewer
in accordance with the provisions of this article. Any septic tanks,
cesspools and similar disposal facilities shall be cleaned of sludge
and wastewater and filled with clean gravel or dirt.
[Code 1979, § 2.46]
(a)
Stormwater and all other uncontaminated drainage shall
be discharged to storm drains or to natural outlets as approved by
the director and other regulating agencies. Industrial or commercial
process water, cooling water or other discharges may be discharged
to a storm drain or natural outlet only under a NPDES permit.
(b)
Whenever a separate building sewer is required to accommodate
surface runoff or groundwater and provided a storm drain is available
contiguous to the property requiring the separate building drain,
the building drain shall be connected directly to the storm drain.
All separate building drains to accommodate surface runoff and groundwater
discharge shall be constructed in accordance with the provisions of
this article.
[Code 1979, § 2.75]
The director and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing pertinent to discharges to storm drains, public sewers, natural outlets, watercourses and wastewater facilities in accordance with the provisions of this article. Such entry shall normally be made during regular business hours, but in an emergency, at any time. The director shall have access to control manholes or monitoring facilities installed pursuant to § 78-111(5) at any time. The City shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations.
[Code 1979, § 2.76]
While performing the necessary work on private properties referred to in § 78-38, the director or duly authorized employee of the City shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death of the City employee and the City shall indemnify the company against loss or damage to its property by the City employees or property damage claims asserted against the company and growing out of the gaging and sampling operation, except as such as may be caused by negligence or failure of the company to maintain safe conditions as required in § 78-111(5).
[Code 1979, § 2.77]
Information and data furnished to the City with respect to the
nature and frequency of discharge shall be available to the public
or other governmental agency without restriction unless the discharger
specifically requests and is able to demonstrate to the satisfaction
of the City that the release of such information would divulge information,
processes or methods of production entitled to protection as trade
secrets or proprietary information of the discharger. When requested
by a discharger furnishing a report, the portions of a report which
may disclose trade secrets or secret processes shall not be made available
for inspection by the public but shall be made available upon written
request to governmental agencies for uses related to this article,
the National Pollutant Discharge Elimination System (NPDES) permit
and/or the pretreatment programs; provided, however, that such portions
of a report shall be available for use by the state or any state agency
in judicial review or enforcement proceedings involving the discharger
furnishing the report. Wastewater constituents and characteristics
will not be recognized as confidential information. Information accepted
by the City as confidential shall not be transmitted to any governmental
agency or to the general public by the City until and unless a ten-day
notification is given to the discharger.
[Code 1979, § 2.78]
(a)
It is the purpose of this section to provide for the
payment of fees from nondomestic users of the City's wastewater
system to compensate the City for the cost of administration of the
wastewater pretreatment and control program established in this article.
[Code 1979, § 2.79]
(a)
Any person found to be violating any provision of this
article shall be served by the director with a written notice stating
the nature of the violation and providing a reasonable time limit
for the satisfactory correction of the violation. The offender shall,
within the period of time stated in the notice, permanently cease
all violations.
(b)
A violation of the provisions of this article shall
be considered a public nuisance per se and any action authorized or
permitted by law for the abatement of public nuisances may be instituted
by the City in regard to such violation.
(c)
Whenever a person has violated any provision of this
article, the City may take any legal action necessary to recover damages
sustained by the City as a result of the violation. Such damages shall
include, but are not limited to, lost revenues from the federal or
state government and any fines or other penalties which are the result
of the aforesaid violation.
[Code 1979, § 2.80]
(a)
In the case of discharges which present or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, or cause interference with the operation of the sewage works, or otherwise constitutes a public nuisance or emergency, the City sewer service of any person causing or threatening to cause such discharge may be terminated by order of the director, pending further investigation and hearing under § 78-44.
(b)
Any person so notified of the suspension of the City's
sewer service shall, within the time specified in the notice, cease
all discharges.
(c)
In the event of failure of the person to voluntarily
comply with the suspension order within the specified time, the City
may commence an action or proceeding in any court of competent jurisdiction
to compel the person's compliance with the order.
(d)
The City shall reinstate the sewer service and terminate the judicial proceedings upon proof by the user to the satisfaction of the director of the elimination of the noncomplying discharge or conditions creating the threat of imminent or substantial danger as set forth in Subsection (a) of this section.
[Code 1979, § 2.81]
(a)
Authority to terminate. The director shall have the
authority to terminate wastewater service to any user who attempts
to violate or violates any provision of this article or who in any
way attempts to avoid, delay, prevent or interfere with the execution
or enforcement of any provision of this article, or who fails to pay
any charges levied against the user, whether regular or extraordinary,
under this article, or who attempts to violate or violates or attempts
to avoid, delay, prevent or interfere with the execution or enforcement
of any order, rule or regulation promulgated by the director for compliance
with or in execution of this article, or who fails to appear at a
hearing to meet a charge against him under this article.
(b)
Hearing procedures.
(1)
In addition to any remedies provided elsewhere in
this article, whenever the director has reason to believe that any
user has committed or is committing an offense covered by Subsection
(a) of this section he may serve upon the user a written notice stating
the nature of the alleged violation and describing the time for and
the nature of required correction.
(2)
If the violation is not corrected as prescribed in
the notice, the director may issue an order to the user to appear
for a hearing and show cause why service should not be terminated.
(3)
The notice and order to show cause shall be served
upon the user by personal service, or in lieu thereof by certified
mail, return receipt requested, to the user's last known address.
(4)
The hearing shall be conducted by the City Manager
or a hearing officer appointed by him who shall render a written decision
determining whether the user's service shall be terminated and
stating reasons therefor. Admissibility of evidence at the hearing
shall be within the discretion of the manager or officer.
(5)
The user shall be entitled to be represented at the
hearing in person or by an attorney at his own expense and shall be
entitled to examine witnesses for the City and present evidence on
his own behalf. A record shall be made of the proceedings, but such
record need not be verbatim.
(6)
The user whose service is terminated without prior
hearing may request such a hearing as described in Subsection (b)(4)
and (5) of this section, to permit him to show why his service should
not have been terminated and should be resumed. Such requests shall
be granted but service will not be resumed unless so ordered by the
City Manager or hearing officer.
[Code 1979, § 2.82; amended 7-5-1994 by Ord. No. 94-07]
The public services director shall publish, at least annually
in the largest daily newspaper published in the service area of the
wastewater system, a public notification of industrial users which
are found to be in significant noncompliance with applicable pretreatment
requirements during the period since the previous publication.
[Code 1979, § 2.83]
Any discharger or any interested party shall have the right
to request in writing an interpretation or ruling by the City on any
matter covered by this article and shall be entitled to a prompt written
reply. If the inquiry is by a discharger and deals with matters of
performance or compliance with this article for which enforcement
activity relating to an alleged violation which is the subject, receipt
of a discharger's request shall stay all enforcement proceedings
pending receipt of the written reply. Appeal of any final judicial
order entered pursuant to this article may be taken in accordance
with local and state law.
[Code 1979, § 2.85; amended 7-5-1994 by Ord. No. 94-07]
(a)
Civil penalties. Any person who is found in court to have willfully or negligently failed to comply with any provision of this article shall be punished as provided in § 1-14. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense.
(b)
Consent orders. The public services director is hereby
empowered to enter into consent orders establishing an agreement with
an industrial user which is subject to enforcement action for noncompliance
with this article. Consent orders may include compliance schedules,
stipulated fines or penalties, remedial actions, other provisions
agreed to by the parties, signatures of the public services director
and an authorized representative of the industrial user. Consent orders
shall be considered a part of this article for the specific user and
shall be enforceable in the same manner as this article.
(c)
Show cause order. In the event of the proposed enforcement action other than termination of wastewater service under § 78-43 the public services director may order any user which causes or contributes to violation of this article to appear and show cause at a meeting with the director why the proposed enforcement action should not be taken. The notice of the meeting shall be served on the user personally or by registered or certified mail, return receipt requested, at least 10 days prior to the meeting. Whether or not a duly notified industrial user appears as noticed, enforcement action may be pursued as appropriate.
[Code 1979, § 2.86]
Any user violating any of the provisions of this article, or
who discharges or causes a discharge producing a deposit or obstruction,
or causes damage to or interference with City's wastewater system
shall be liable to the City for any expense, loss or damage caused
by such violation or discharge. The City shall bill the user for the
costs incurred by the City for any cleaning, repair or replacement
work caused by the violation or discharge. Refusal to pay the assessed
costs shall constitute a violation of this article.
[Code 1979, § 2.87]
Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article shall upon conviction be punished as provided in § 1-14.
