[Code 1979, § 2.58]
(a)
This division sets forth uniform requirements for discharges
into the City's wastewater collection and treatment systems,
and enables the City to protect public health in conformity with all
applicable local, state and federal laws relating thereto.
(b)
The objectives of this article are to:
(1)
Prevent the introduction of pollutants into the City's
sewage works which will interfere with the normal operation of the
system or interfere with the use or disposal of the resulting municipal
sludge.
(2)
Prevent the introduction of pollutants into the City's
sewage works which will pass through the treatment works or otherwise
be incompatible with the works.
(3)
Improve the opportunity to recycle and reclaim wastewater
and sludge from the system.
(c)
This division provides for the regulation of discharges
to the City sewage works through the enforcement of administrative
regulations.
[Code 1979, § 2.59]
The City reserves the right to amend this division to revise limitations or requirements on persons discharging to the sewage works in order to meet the intent and objectives of § 78-88.
[Code 1979, § 2.60; amended 7-5-1994 by Ord. No. 94-07]
No person shall discharge or cause to be discharged any pollutant,
waste or wastewater which will pass through or cause interference
with the operation or performance of the wastewater system. No person
shall discharge or cause to be discharged, directly or indirectly
to the wastewater system, any of the following:
(1)
Any gasoline, benzene, naphtha, toluene, xylene, fuel
oil, oil or any substances which by reason of their nature or quantity
may create a fire or explosive hazard or be injurious to the wastewater
system or its operation, including but not limited to, waste streams
with a closed-cup flashpoint of less than 140° F. or 60° C.
using test methods specified in 40 CFR 261.21.
(2)
Any waters or wastes containing toxic or hazardous
pollutants as solids, liquids or gases in sufficient quantity (either
singly or by interaction with other wastes) to interfere with any
wastewater treatment process, constitute a hazard to humans or animals,
create a public nuisance, create any hazard in the receiving waters,
or interfere with the operation of the wastewater system or the utilization
or disposal of sludges or residuals.
(3)
Any waters or wastes having a pH lower than 5.0 or
having any other corrosive property capable of causing damage to structures
or equipment, or which may cause a safety hazard.
(4)
Solid or viscous substances in quantities or of such
size capable of causing obstruction to the flow in sewers, or other
interference with the property operation of the wastewater system
such as, but not limited to, grease, garbage with particles greater
than one-half inch in any dimension, or any material which can be
disposed of as trash.
(5)
Heat in amounts which will inhibit biological activity
in the treatment process resulting in interference but in no case
heat in such quantities that the temperature at the treatment works
influent exceeds 104° F. (40° C.).
(6)
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. Any new structure connected
to the sanitary sewer system is required to have roof drains which
discharge to a storm sewer (where available) or to natural outlets
as approved by the director and other regulating agencies. Existing
structures connected to the sanitary sewer system must remove roof
drains from the sanitary system and direct them to storm drains or
to natural outlets as approved by the director and other regulating
agencies. Roof drains which are not connected to storm sewers must
discharge no less than four feet from the foundation of the structure.
(7)
Any radioactive wastes or isotopes of such half-life
or concentration as may exceed limits established by the public services
director in compliance with applicable state or federal regulations.
(8)
Any substance with objectionable color not removed
in the treatment process, such as but not limited to, dye wastes and
vegetable tanning solutions.
(9)
Any slug discharge, in such volume or strength as to
cause interference with the sewage works or overload the collection
system.
(10)
Petroleum oil, nonbiodegradable cutting oil or
products of mineral oil origin in amounts that will cause interference
or pass through. Such oils which may be separated by flotation and
skimming or removed by standard oil and grease traps, sumps or traps
shall not be discharged. Used oils, such as automotive engine oil,
shall not be disposed of by dumping or discharging to the sanitary
sewer system.
(11)
Pollutants which result in the presence of toxic
gases, vapors or fumes within the wastewater system in a quantity
that may cause acute worker health and safety problems.
(12)
Any trucked or hauled pollutants, except at discharge
points designated by the public services director.
(13)
Any wastes which are listed hazardous wastes
in 40 CFR 261.30-33 pursuant to § 3001 of the Resource Conservation
and Recovery Act.
[Code 1979, § 2.61; amended 7-5-1994 by Ord. No. 94-07]
(a)
Compliance required. Users in regulated industrial
subcategories, pursuant to the appropriate subpart of 40 CFR chapter
I, subchapter N, shall meet applicable categorical pretreatment standards
within the time limitations specified by the federal pretreatment
regulations. New sources shall install and have in operating condition,
and shall start up all pollution control equipment required to meet
applicable pretreatment standards before beginning to discharge. Within
the shortest feasible time (not to exceed 90 days), new sources must
meet all applicable pretreatment standards.
(b)
Order of determination. The public services director shall set forth the applicable pretreatment standards and requirements for users subject to categorical standards through issuance of an order of determination pursuant to § 78-119.
(c)
Category determination requests. In cases where it
is not clear or is in dispute whether a particular user is subject
to categorical pretreatment standards, category determination requests
shall be made in accordance with 40 CFR 403.6(a).
(d)
Removal credits. The public services director may apply,
in accordance with 40 CFR 403.7 (removal credits), for modification
of categorical pretreatment standards when the wastewater treatment
system achieves consistent removal of the pollutant in question.
(e)
Baseline report for categorical dischargers. Within
180 days after the effective date of a categorical pretreatment standard,
or 180 days after a final administrative decision has been made upon
a category determination submission in accordance with 40 CFR 403.6(a)(4),
whichever is later, existing industrial users subject to such categorical
pretreatment standards and currently discharging to or scheduled to
discharge to the City wastewater system shall submit to the public
services director a report containing the information as required
under 40 CFR 403.12(b). New sources subject to categorical pretreatment
standards shall submit to the public services director a report containing
the information as required under 40 CFR 403.12(b) at least 90 days
prior to commencement of discharge to the City wastewater system.
New sources shall also be required to include in this report information
on the method of pretreatment the source intends to use to meet applicable
pretreatment standards.
(f)
Compliance date report. Within 90 days following the
date for final compliance with applicable categorical pretreatment
standards or, in the case of a new source, following commencement
of discharge from the regulated process, any user subject to categorical
pretreatment standards shall submit to the public services director
a report indicating the nature and concentration of all pollutants
in the discharge from the regulated process which are limited by such
standards and the average and maximum daily flow for these process
units in the user facility which are limited by such pretreatment
standards or requirements. Such reporting shall conform to the requirements
of 40 CFR 403.12(b)(4) through (6). Where equivalent mass or concentration
limits are established by the public services director for a user,
this report shall contain a reasonable measure of the user's
long-term production rate. Where a user is subject to categorical
pretreatment standards expressed in terms of allowable pollutant discharge
per unit of production, the report shall include the user's actual
production during the appropriate sampling period. The report shall
state whether the applicable pretreatment standards are being met
on a consistent basis and, if not, what additional O&M and/or
pretreatment is necessary to bring the user into compliance with the
applicable pretreatment standards. This statement shall be signed
by an authorized representative of the industrial user, and certified
to by a qualified professional.
(g)
Periodic compliance reports. Any user subject to a
categorical pretreatment standard shall be required to submit periodic
compliance reports to the public services director unless all the
information required for the report is obtained by the City. Periodic
compliance reports by the user shall conform to the requirements of
40 CFR 403.12 as set forth in an order of determination to the user
by the public services director.
[Code 1979, § 2.62; amended 7-5-1994 by Ord. No. 94-07]
(a)
Limited discharges. No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes except as authorized by an order of determination as issued by the public services director. The following numerical limitations were based upon technical analysis of NPDES permit requirements, industrial loadings, sludge management practices and treatment process tolerance and efficiency as in place at the time of ordinance adoption and are intended to meet the objectives given in § 78-106. The technical support documentation for numerical limitations is on file as a part of the City's industrial pretreatment program. The director may set limitations lower than the limitations established below if in his review changing factors in the technical support documentation necessitate more stringent limitations in order to meet the objectives given in § 78-106. The director may establish numerical limitations for substances not specifically limited below in order to meet the objectives of § 78-106. The director may set, by an order of determination for individual discharges, alternative or additional mass limitations, provided adequate provision for flow metering and sampling are provided by the discharger.
[Amended 2-8-2016 by Ord.
No. 2016-01]
(1)
These limitations shall be daily maximum limitations.
Compliance or noncompliance may be determined by analysis of: twenty-four-hour
flow proportioned samples, twenty-four-hour composite samples, or
one or more grab samples averaged over a twenty-four-hour period as
determined to be appropriate by the public services director for the
discharge and parameters to be measured. No discharge to the City's
wastewater system shall exceed the following limitations unless so
authorized in an order of determination for the public services director
which sets alternative mass limitations for the specific parameter:
|
1.0 mg/l
|
Arsenic
| |
|
0.1 mg/l
|
Cadmium
| |
|
2.7 mg/l
|
Chromium (total)
| |
|
2.0 mg/l
|
Copper
| |
|
0.6 mg/l
|
Lead
| |
|
1.0 mg/l
|
Nickel
| |
|
4.5 mg/l
|
Zinc
| |
|
0.0002 mg/l
|
Mercury
| |
|
0.07 mg/l
|
Selenium
| |
|
1.0 mg/l
|
Silver
| |
|
0.56 mg/l
|
Cyanide (free)
| |
|
1.0 mg/l
|
Trichloroethylene
| |
|
No detectable discharge PCB's (total)
| ||
(2)
Specific limitations on compatible pollutants.
a.
These limitations shall be daily maximum limitations.
Compliance or noncompliance is to be based on twenty-four-hour composite
samples. No discharge to the City's wastewater system shall exceed
the following limitations unless so authorized in an order of determination
by the public services director pursuant to Subsection (a)(2)b of
this section:
|
500 mg/l
|
BOD-5 (or CBOD-5)
| |
|
1,000 mg/l
|
Suspended solids
| |
|
100 mg/l
|
Total phosphorous
| |
|
100 mg/l
|
Ammonia
|
b.
The public services director may specify alternate
mass and/or concentration limits for compatible pollutants for individual
industrial users through issuance of an order of determination. Such
alternate limitations shall be based on plant treatment capacity available
for the user, treatability of the wastewater and determination that
such discharges will not cause interference with the wastewater system.
Such alternate limitations are subject to revocation or modification
by the public services director due to changing conditions.
(3)
Any waters or wastes containing fats, wax, grease,
petroleum oil, cutting oil or other oils, whether emulsified or not,
in excess of 100 mg/l; or containing substances which may solidify
or become viscous at temperatures between 32 and 150° F.
(4)
Any liquid or vapor having a temperature higher than
150° F. (66° C.).
(5)
Any waters or wastes containing phenols or other taste- and odor-producing substances in such concentrations exceeding limits which may be established by the public services director to meet the objects of § 78-106.
(6)
Any waters or wastes having a pH in excess of 9.5
unless specifically authorized in an order of determination issued
by the public services director. The public services director may
allow a higher discharger pH, not to exceed 11.0, upon determining
that such discharge will not cause corrosion or interfere with the
operation of the wastewater system.
(7)
Any waters or wastes which contain unusual concentrations
of dissolved solids.
(8)
Waters or wastes containing substances which are
not amenable to treatment or reduction by the wastewater treatment
process employed, or are amenable to treatment only to such degree
that the wastewater treatment plant effluent cannot meet the requirements
of its NPDES permit of which may interfere with the sludge management
practices.
(9)
Except where expressly authorized to do so by an
applicable pretreatment standard or order of determination by the
public services director, no industrial user shall increase the use
of process water or dilute a discharge as a substitute for adequate
treatment to achieve compliance with any pretreatment standard.
(b)
Pretreatment requirements.
(1)
User shall provide necessary wastewater pretreatment or control measures as required to comply with the most stringent requirements of federal categorical pretreatment standards, state law and regulations or the requirements of this article or orders of determination issued pursuant to § 78-119. All facilities required to pretreat or control wastewater discharges shall be provided, operated and maintained at the user's expense.
(2)
Detailed plans showing the pretreatment facilities
and operating procedures shall be submitted to the public services
director for review and approval prior to the construction of the
facility. The review and approval of the plans and operating procedures
does not relieve the user from complying with applicable standards
and requirements. Any subsequent change in the pretreatment facilities
or method of operation shall be reported to the public services director
prior to the user initiating such change.
(c)
Bypass.
(1)
Bypass not violating applicable pretreatment standards or requirements. An industrial user may allow any bypass to occur which does not violate pretreatment standards or requirements, but only if it also is for essential maintenance to ensure efficient operation. These bypasses are not subject to Subsections (2), (3) and (4) below.
(2)
Notice. An industrial user shall provide notice of
bypass as follows:
a.
If an industrial user knows in advance of the
need for a bypass, it shall submit prior notice to the public services
director, if possible at least 10 days before the date of the bypass.
b.
An industrial user shall orally notify the public
services director or the wastewater treatment plant operator of an
unanticipated bypass that exceeds applicable pretreatment standards
or requirements immediately upon becoming aware of the bypass. Unless
specifically waived by the public services director, a written submission
shall also be provided within five days of becoming aware of the bypass.
The written submission shall contain a description of the bypass and
its cause; the duration of the bypass, including exact times and dates,
and if the bypass has not been corrected, the anticipated time it
is expected to continue; and steps taken or planned to reduce, eliminate
and prevent recurrence of the bypass.
(3)
Prohibition of bypass. Bypasses are prohibited and
the industrial user is subject to enforcement action for a bypass,
unless:
a.
The bypass was unavoidable to prevent loss of
life, personal injury or severe property damage;
b.
There are no feasible alternatives to the bypass,
such as use of auxiliary treatment facilities, retention of wastes
or maintenance during normal periods of equipment downtime. This condition
is not satisfied if adequate backup equipment should have been installed
to prevent bypass which occurred during normal periods of equipment
downtime or preventative maintenance; and
c.
The industrial user submitted notices as required
by Subsection (c)(2) of this section.
(4)
The public services director may approve an anticipated
bypass, after considering its adverse effects, upon determining that
it will meet the three conditions listed in Subsection (c)(3) of this
section.
(d)
RCRA hazardous wastes.
(1)
Section 78-108(13) prohibits the discharge to the wastewater system of any wastes which are listed hazardous wastes in 40 CFR 261.30-33 pursuant to § 3001 of the Federal Resource Conservation and Recovery Act (RCRA). The discharge to the wastewater system of certain wastes which, if otherwise disposed of, would be characteristic hazardous wastes under 40 CFR 261, may be permissible if the discharge otherwise complies with all applicable pretreatment standards and requirements, federal and state law.
(2)
Notification requirements. Any industrial user discharging
or proposing to discharge a waste, which if otherwise disposed of
would be a characteristic hazardous waste under 40 CFR 261, shall
notify the public services director in writing of such discharge or
proposed discharge. Such reporting shall be by completion and submittal
of a form provided by the public services director or otherwise meeting
the information requirements of 40 CFR 403.12(p). Initial reporting
shall be no later than 90 days following July 8, 1994. Users who have
provided the initial notification prior to July 5, 1994, need not
resubmit such information unless there has been a change in the discharge
or information reported. Industrial users not reporting any such discharge
may be required by the public services director to submit a statement,
signed by an authorized representative of the industrial user, certifying
that the user does not discharge listed or characteristic hazardous
wastes as identified pursuant to 40 CFR 261. Any industrial user shall
notify the public services director in advance of any new or increased
discharge of a characteristic hazardous waste.
[Code 1979, § 2.63]
If any waters or wastes are discharged, or are proposed to be discharged to the sewage works, which waters contain the substances or possess the characteristics enumerated in §§ 78-108, 78-109, or 78-110, or which in the judgment of the director may have a deleterious effect upon the wastewater treatment facilities, processes, equipment, sludge management practice or receiving water, or which otherwise create a hazard to life or constitute a public nuisance, or which are discharged or proposed to be discharged by an industry subject to categorical pretreatment standards, the director may:
(1)
Reject the wastes.
(2)
Require pretreatment to meet categorical standards
or local limits contained in this division or as established by the
director, whichever is more restrictive.
(3)
Require control over the quantities and rates of discharge.
(4)
Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes and sewer charges, under the provisions of § 78-114.
(5)
Require the installation and maintenance of a control
manhole or other monitoring facility together with such meters and
other appurtenances necessary for the observation, sampling and measurement
of the wastewater discharge. Such manhole or monitoring facility and
equipment shall be installed by the owner, at his expense, in accordance
with plans and specifications approved by the director. Such manhole
or monitoring facility shall be maintained by the owner in proper
operating condition and safely accessible at all times. The director,
or his authorized representative, shall have access to the control
manhole or monitoring facility at any time for the purpose of observing,
sampling and measuring the wastewater discharge or inspecting the
monitoring equipment used by the discharger.
(6)
If the director permits the pretreatment or equalization
of waste flows, the design and installation of the plants and equipment
shall be subject to the review and approval of the director and subject
to the requirements of all applicable codes, ordinances and laws.
Where pretreatment or flow equalizing facilities are provided
for any waters or wastes, they shall be maintained continuously in
satisfactory and effective operation by the owner at his expense.
(7)
Require that grease, oil and sand interceptors be provided
when, in his opinion, they are necessary for the proper handling of
liquid wastes containing grease in excessive amounts, or any flammable
wastes, sand or other harmful ingredients; 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
and shall be located as to be readily and easily accessible for cleaning
and inspection. In the maintaining of these interceptors the owner
shall be responsible for the proper removal and disposal by appropriate
means of the captured material and shall maintain records of the dates,
and means of disposal which are subject to review by the director.
Any removal and hauling of the collected materials not performed by
the owner's personnel must be performed by properly licensed
waste disposal firms.
[Code 1979, § 2.64; amended 7-5-1994 by Ord. No. 94-07]
All measurements, tests and analyses of the characteristics
of waters and wastes to which reference is made in this division shall
be determined in accordance with the techniques prescribed in 40 CFR
136 and amendments thereto (Measurements and Tests) or, if 40 CFR
136 does not contain sampling or analytical techniques for the pollutant
or waste characteristic in question, in accordance with procedures
approved by EPA or as found in Standard Methods and approved by the
public services director. Sampling methods, times, duration and frequencies
are to be determined on an individual basis subject to the approval
of the public services director.
[Code 1979, § 2.65]
The volume of flow used for computing industrial waste loadings,
sewer use charges and surcharges shall be metered water consumption
of the person as shown in records of water meter readings maintained
by the City water department except as otherwise provided below:
(1)
If a person discharging into the City sanitary sewers
procures any part or all of his water from sources other than the
City water system, all or a part of which is discharged into the sanitary
sewers, the person shall install and maintain at his expense water
meters of a type approved by the director for the purpose of determining
the volume of water obtained from these other sources.
(2)
If a person discharging industrial waste into the sanitary
sewers produces evidence satisfactory to the director that more than
10% of the total annual volume of water used for all purposes does
not reach the sanitary sewer, then the determination of the water
consumption to be used in computing the waste volume discharged into
the sanitary sewer may be made a matter of agreement between the City
and the person.
(3)
If the director determines the volume of waste discharged cannot be adequately determined using metered water consumption records or that direct measurement of industrial wastewater discharges is necessary to identify and control slug loadings, he may require an industrial user to provide direct measurement of the wastewater discharge. Metering devices so required shall be installed in accordance with the requirements of § 78-111(5).
[Code 1979, § 2.66]
Users approved by the director for the discharge of a wastewater greater in strength than normal strength domestic wastewater will be subject to an extra strength surcharge. The extra strength surcharge will be computed from loadings based on 24 hours' composite samples and rates established by resolution of the City Council under Article VI of this chapter.
[Code 1979, § 2.67]
Any nondomestic user storing, utilizing or producing any toxic
or hazardous materials which, as determined by the director or his
appointed representative, have the potential for accidental discharge
of slug loading to the sewage works may be required to develop and
submit a spill prevention plan. The plan as a minimum shall contain:
(1)
Identification of the type and volume of toxic or hazardous
materials stored, handled or produced.
(2)
Identification of possible spill situations.
(3)
Description of facilities, structures or control measures
in place or to be constructed or developed to prevent an accidental
discharge or slug loading to the sewage works.
(4)
Provisions for detection of spills and procedures to
be followed in the event of a spill, including specific instructions
for notification of the City.
[Code 1979, § 2.68]
Each discharger shall provide protection from accidental discharge
of materials or substances prohibited or regulated by this division.
When in the opinion of the director an accidental spill or leakage
of toxic or hazardous materials to the sewage works could result in
a threat to the public health and safety, or cause interference with
the sewage works, or pass through the sewage works to potentially
impact the receiving waters, the director may require that the user
install and implement such containment facilities and practices as
necessary to prevent such accidental discharge. Detailed plans showing
facilities and operating procedures to provide this protection shall
be submitted to the director for review and approval prior to their
construction and implementation.
[Code 1979, § 2.69; amended 7-5-1994 by Ord. No. 94-07]
(a)
Dischargers shall notify the City immediately upon
the occurrence or discovery of a slug loading or accidental discharge
of toxic or hazardous materials, or other substances or wastewater
prohibited or limited by this division.
(b)
The industrial user shall immediately notify the public
services director or the wastewater treatment plant of any discharge,
including any slug discharge or accidental release, which could cause
interference with the wastewater system. The notification shall include:
(c)
If sampling performed by an industrial user indicates
a violation of a pretreatment standard, the user shall notify the
public services director within 24 hours of becoming aware of the
violation. The user shall also repeat the sampling and analysis and
submit the results of the repeat analysis to the public services director
within 30 days after becoming aware of the violation.
(d)
Any industrial user shall promptly notify the public
services director in advance of:
(1)
The discharge of any toxic or hazardous pollutant
not previously reported.
(2)
Any substantial change in the volume or character
of pollutants in their discharge, including the listed or characteristic
hazardous wastes for which the industrial user has submitted initial
notification under 40 CFR 403.12(p).
(e)
Such notification shall not relieve the user of any
enforcement action, fines, penalties, damages or liability which may
be imposed pursuant to this Code or state or federal law. Proper notification,
however, shall be considered by the public services director in determining
the appropriate enforcement action for a violation.
[Code 1979, § 2.70; amended 7-5-1994 by Ord. No. 94-07]
(a)
The public services director shall assign users of
the City wastewater system to one of the following classes:
(1)
Class I: Significant industrial users.
(2)
Class II: Nondomestic users discharging greater than
10,000 gallons per average day and/or known to discharge pollutants
subject to prohibition, limitation or surcharge but who are not significant
industrial users.
(3)
Class III: Nondomestic users discharging less than
10,000 gallons per day with the potential for discharge of pollutants
subject to prohibition, limitation or surcharge.
(4)
Class IV: All other users.
(b)
The public services director shall review and update,
at least once per year, the user classification listing and notify
any class I, II or III users of any change in their classification.
New users shall be classified after review of their sewer connection
permit application and added to the listing.
(c)
The user may appeal his assigned classification by
submitting a written appeal to the City Manager who, after consideration
of information supplied by the user and by the public services director,
shall make a final determination.
[Code 1979, § 2.71; amended 7-5-1994 by Ord. No. 94-07]
(a)
The public services director may issue an order of
determination to any user setting forth the requirements and conditions
of discharge to the City wastewater system pursuant to the provisions
of this division. The public services director shall periodically
review such orders and may revoke, modify and/or reissue any order
as appropriate.
(b)
Any order of determination issued pursuant to this
division shall be considered a part of this division for the user
or facility, and shall be enforceable in the same manner as this division.
(c)
An order of determination is issued to a user and applies
to operations or processes contributing wastewater at a specific facility
or location. Such an order is not transferable to a new owner or user
of an existing facility without prior notification to the public services
director and provision of a copy of the existing order to the new
owner or user. Any succeeding owner or user shall comply with the
terms and conditions of the existing order until such order is revoked
or reissued.
(d)
For each significant industrial user the director shall
issue an order of determination which shall include as a minimum:
(1)
A statement of duration, not to exceed five years,
including issuance and expiration dates.
(2)
Effluent limitations based on the more stringent
of applicable federal categorical pretreatment standards, state law,
or local limits pursuant to this division.
(3)
Self monitoring, sampling, reporting, notification
and record keeping requirements, including an identification of the
pollutants to be monitored, sampling location, sampling frequency
and sample type.
(4)
Other conditions as deemed appropriate by the public
services director to ensure compliance with this division, state and
federal pretreatment standards and requirements.
(5)
A statement of applicable civil and criminal penalties
for violation of pretreatment standards and requirements, and any
applicable compliance schedule.
(6)
A statement of nontransferability.
[Code 1979, § 2.72]
(a)
With approval of the City Council and for the purpose
of preventing, discontinuing or correcting any violations of this
division, the director may adopt and establish rules and regulations
for the enforcement of this division.
(b)
Rules and regulations adopted under this section may
include, but are not limited to, imposing requirements upon nondomestic
users to submit plans for the pretreatment of wastewater, to install
equipment to monitor the nature and quantity of the wastewater being
discharged into the system, to keep records and/or to establish compliance
schedules.
[Code 1979, § 2.73; amended 7-5-1994 by Ord. No. 94-07]
(a)
Basic data. Any new or existing nondomestic user may
be required by the public services director to provide information
needed to implement the provisions of this division, state and federal
law and regulations. Any nondomestic user may be required to provide
periodic updates of this basic data. Following review of the data
provided by the user, the public services director may require additional
information as necessary to evaluate the discharge or potential discharge
from the user. Information requirements may include but are not limited
to:
(1)
Information of the nature, rate of production and
Standard Industrial Classification (SIC) of the operations carried
out by the user.
(2)
Information on wastewater discharge volume and variation.
(3)
Information on wastewater constituents and characteristics,
including but not limited to those specifically regulated by this
division, as determined by chemical and biological analyses.
(4)
Site plans, floor plans, mechanical and/or plumbing
plans of the user's property and facilities showing sewers, sewer
connections, control manholes or sampling facilities, and pretreatment
facility locations as applicable.
(5)
Details of wastewater pretreatment facilities.
(6)
Information relative to the type and volume of toxic
or hazardous materials produced, handled, stored or used in what quantity
and rate these materials are discharged or potentially discharged
to the sewage works.
(7)
Details of spill prevention or containment practices
and facilities.
(8)
A statement, signed by an authorized representative
of the user, regarding whether or not the user's discharge is
in compliance on a consistent basis with any applicable categorical
pretreatment standard or other limitation of this division and if
not, whether additional operation and maintenance procedures and/or
additional pretreatment is required for the user to meet applicable
standards.
(9)
When a discharge is not in compliance the user may
be required to detail the necessary changes in operation and/or additional
pretreatment facilities required to achieve compliance and the shortest
schedule for their implementation.
(10)
Number of employees, hours of operation of plant
and hours of operation of pretreatment facilities and discharge therefrom.
(b)
Changes. All industrial users are required to notify the public services director prior to the discharge of any new wastewater constituents, or any substantial change in the volume or characteristics of the wastewater constituents being discharged, or any substantial change in the basic data reported under Subsection (a).
(c)
Self-monitoring reports. The public services director
may require any industrial user to submit self-monitoring reports
on waste discharge volume, specific pollutant analyses and other information
as necessary to ensure compliance with federal categorical pretreatment
standards and local limitations. At a minimum all class I users shall
be required to submit self-monitoring reports at least once every
six months unless all the information required in the report is obtained
directly by the City. Such self-monitoring reports shall be based
on data obtained through appropriate and representative sampling and
analysis performed during the period covered by the report. If the
user monitors any pollutant more frequently than required by the director,
using procedures conforming to § 34-172 (measurements and
tests), then the results of this monitoring shall be included in the
report.
(d)
Additional reporting requirements for categorical industrial
users. Industrial users subject to federal categorical pretreatment
standards shall be required to comply with the reporting requirements
of 40 CFR 403.12.
(e)
Compliance schedules and reporting.
(1)
If additional pretreatment facilities or operation
and maintenance efforts are required of an industrial user to meet
federal categorical pretreatment standards and/or local limits, the
public services director may require the development and submission
of a compliance schedule by the industrial user. The schedule shall
detail the proposed commencement and completion dates of major elements
leading to the construction and/or operation of the necessary pretreatment
facilities with final completion by the date required by the federal
categorical pretreatment standards or as approved by the director,
whichever is sooner. No incremental step in the compliance schedule
shall exceed nine months. Upon review and approval by the public services
director, the compliance schedule may be incorporated into an order
of determination, consent order or other enforceable document issued
to the user pursuant to this division.
(2)
Not later than 14 days following the completion of
each date in the schedule and the final date for compliance, the user
shall submit a progress report to the public services director. The
report shall include a statement as to whether or not the user complied
with the increment of progress as set forth in the compliance schedule.
If the schedule was not met, the user shall report the reason for
failing to meet the schedule, the date the user expects to complete
the increment of progress, and the steps being taken by the user to
return to the established compliance schedule.
[Code 1979, § 2.74; amended 7-5-1994 by Ord. No. 94-07]
Any industrial user shall maintain records of all information
resulting from any monitoring activities required of the user by or
pursuant to this division. Such records shall include for all samples:
(1)
The date, exact place, method and time of sampling
and the name of the person taking the samples.
(2)
The dates analyses were performed.
(3)
Who performed the analyses.
(4)
The analytical techniques/methods used.
(5)
The results of the analyses.
(6)
Any industrial user subject to the self-monitoring
and/or reporting requirements established by or pursuant to this division
shall retain for a minimum of three years any records of such self-monitoring
monitoring and/or reporting activities and results. The industrial
user shall make such records available for inspection and copying
by the director of public services. This period of records retention
may be extended during any litigation concerning compliance with this
division.
[Code 1979, § 2.84; amended 7-5-1994 by Ord. No. 94-07]
(a)
The term "operating upsets" means an exceptional incident
in which there is unintentional and temporary noncompliance with categorical
pretreatment standards because of factors beyond the reasonable control
of the industrial user. An upset does not include noncompliance to
the extent caused by operational error, improperly designed treatment
facilities, inadequate treatment facilities, lack of preventive maintenance
or careless or improper operation.
(b)
Any discharge which experiences an upset in operations
which places the discharger in a temporary state of noncompliance
shall inform the City within 24 hours of first awareness of the commencement
of the upset. Where such information is given orally, a written follow-up
report shall be filed by the discharger with the City within five
days. The report shall specify:
(1)
Description of the upset, the cause of the upset
and the upset's impact on a discharger's compliance status.
(2)
Duration of noncompliance, including exact dates
and times of noncompliance, and if the noncompliance continues, the
time by which compliance is reasonably expected to occur.
(3)
All steps taken or to be taken to reduce, eliminate
and prevent recurrence of such an upset or other conditions of noncompliance.
(c)
An upset shall constitute an affirmative defense to an action brought for noncompliance with the categorical pretreatment standards if the requirements of Subsection (d) of this section are met.
(d)
An industrial user who wishes to establish the affirmative
defense of upset shall demonstrate, through properly signed, contemporaneous
operating logs, or other relevant evidence that:
(1)
An upset occurred and the industrial user can identify
the cause of the upset.
(2)
The facility was at the time being operated in a
prudent and workmanlike manner and in compliance with applicable operation
and maintenance procedures.
(3)
The industrial user has submitted the following information
to the public services director within 24 hours of becoming aware
of the upset (if this information is provided orally, a written submission
must be provided within five days):
a.
A description of the discharge and cause of noncompliance.
b.
The period of noncompliance, including exact dates
and times or, if not corrected, the anticipated time the noncompliance
is expected to continue.
c.
Steps being taken and/or planned to reduce, eliminate
and prevent recurrence of the noncompliance.
(e)
In any enforcement proceeding the industrial user seeking
to establish the occurrence of an upset shall have the burden of proof.
(f)
The industrial user shall control production or all
discharges to the extent necessary to maintain compliance with pretreatment
standards upon reduction, loss or failure of its treatment facility
until the facility is restored or an alternative method of treatment
is provided. This requirement applies in the situation where, among
other things, the primary source of power of the treatment facility
is reduced, lost or fails.
