HomeMy Public PortalAboutOrd 713 Uniform Requirements for Users of Sanitary Sewer (First published in the Ark Valley News on December 28, 2023)
City of Bel Aire, Kansas
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4 CITY OF BEL AIRE MUNCIPAL ORDINANCE
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7 ORDINANCE NO. 713
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9 SECTION 1 GENERAL PROVISIONS
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11 1.1 Purpose and Policy
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13 This ordinance sets forth uniform requirements for Users of the Sanitary Sewer Conveyance
14 System for the City of Bel Aire and enables the City to comply with all applicable State and
15 Federal laws, including the Clean Water Act(33 United States Code [U.S.C.] section 1251 et
16 seq.)and the General Pretreatment Regulations (Title 40 of the Code of Federal Regulations
17 [CFR] Part 403). The objectives of this ordinance are:
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19 A. To prevent the introduction of pollutants into the Publicly Owned Treatment Works
20 that will interfere with its operation;
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22 B. To prevent the introduction of pollutants into the Publicly Owned Treatment Works
23 that will pass through the Publicly Owned Treatment Works, inadequately treated, into
24 receiving waters, or otherwise be incompatible with the Publicly Owned Treatment
25 Works;
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27 C. To protect both Publicly Owned Treatment Works personnel who may be affected by
28 wastewater and sludge in the course of their employment and the general public;
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30 D. To promote reuse and recycling of industrial wastewater and sludge from the Publicly
31 Owned Treatment Works wastewater plant; generated by industries served by the City
32 Sanitary Sewer Conveyance System
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34 E. To enable the City to comply with the National Pollutant Discharge Elimination
35 System permit conditions, sludge use and disposal requirements, and any other Federal or
36 State laws to which the Publicly Owned Treatment Works is subject.
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38 This ordinance shall apply to all Users of the City of Bel Aire Sanitary Sewer Conveyance
39 System.
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41 1.2 Administration
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43 Except as otherwise provided herein, The City Engineer shall administer, implement, and
44 enforce the provisions of this ordinance. Any powers granted to, or duties imposed upon The
45 City Engineer may be delegated by The City Engineer to a duly authorized City employee.
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47
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City of Bel Aire, Kansas
48 1.3 Abbreviations
49 The following abbreviations,when used in this ordinance, shall have the designated meanings:
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51 BOD—Biochemical Oxygen Demand
52 BMP—Best Management Practice
53 CFR—Code of Federal Regulations
54 CIU—Categorical Industrial User
55 COD—Chemical Oxygen Demand
56 EPA—U.S. Environmental Protection Agency
57 gpd—gallons per day
58 IU—Industrial User
59 mg/1—milligrams per liter
60 NPDES—National Pollutant Discharge Elimination System
61 POTW—Publicly Owned Treatment Works
62 RCRA—Resource Conservation and Recovery Act
63 SIU—Significant Industrial User
64 TSS—Total Suspended Solids
65 U.S.C.—United States Code
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67 1.4 Definitions
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69 Unless a provision explicitly states otherwise,the following terms and phrases, as used in this
70 ordinance, shall have the meanings hereinafter designated.
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72 A. Act or"the Act." The Federal Water Pollution Control Act, also known as the Clean
73 Water Act, as amended, 33 U.S.C. section 1251 et seq.
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75 B. Approval Authority The Kansas Department of Health and Environment(KDHE); it
76 shall mean the Director of Environment of KDHE
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78 C. Authorized or Duly Authorized Representative of the User.
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80 (1) If the User is a corporation:
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82 (a)The president, secretary,treasurer, or a vice-president of the corporation in
83 charge of a principal business function, or any other person who performs similar
84 policy or decision-making functions for the corporation; or
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86 (b)The Engineer of one or more manufacturing,production, or operating
87 facilities,provided the Engineer is authorized to make management decisions that
88 govern the operation of the regulated facility including having the explicit or
89 implicit duty of making major capital investment recommendations, and initiate
90 and direct other comprehensive measures to assure long-term environmental
91 compliance with environmental laws and regulations; can ensure that the
92 necessary systems are established or actions taken to gather complete and
93 accurate information for individual wastewater discharge permit requirements;
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94 and where authority to sign documents has been assigned or delegated to the
95 Engineer in accordance with corporate procedures.
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97 (2) If the User is a partnership or sole proprietorship: a general partner or
98 proprietor,respectively.
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100 (3)If the User is a Federal, State, or local governmental facility: a director or
101 highest official appointed or designated to oversee the operation and performance
102 of the activities of the government facility, or their designee.
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104 (4)The individuals described in paragraphs 1 through 3, above, may designate a
105 Duly Authorized Representative if the authorization is in writing,the
106 authorization specifies the individual or position responsible for the overall
107 operation of the facility from which the discharge originates or having overall
108 responsibility for environmental matters for the company, and the written
109 authorization is submitted to the City.
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111 D. Biochemical Oxygen Demand or BOD. The quantity of oxygen utilized in the
112 biochemical oxidation of organic matter under standard laboratory procedures for five (5)
113 days at 20 degrees centigrade, usually expressed as a concentration(e.g., mg/1).
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115 E. Best Management Practices or BMPs. Schedules of activities,prohibitions of
116 practices, maintenance procedures, and other management practices to implement the
117 prohibitions listed in Section 2.1 A and B [40 CFR 403.5(a)(1) and(b)]. BMPs include
118 treatment requirements, operating procedures, and practices to control plant site runoff,
119 spillage or leaks, sludge or waste disposal, or drainage from raw materials storage, or
120 sector control programs to control pollutants from specific industrial users in place of
121 identified categorical or effluent standards. BMPs shall be considered local limits and
122 Pretreatment Standards for the purposes of these Pretreatment Regulations and Section
123 307(d) of the Act and as specified at 40 CFR 403.5(c)(4)
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125 F. Categorical Pretreatment Standard or Categorical Standard. Any regulation
126 containing pollutant discharge limits promulgated by EPA in accordance with sections
127 307(b)and(c)of the Act(33 U.S.C. section 1317)that apply to a specific category of
128 Users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
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130 G. Categorical Industrial User. An Industrial User subject to a categorical Pretreatment
131 Standard or categorical Standard.
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133 H. City. The City of Bel Aire
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135 I. City Engineer: The person designated by the City to supervise the operation of the
136 POTW, and who is charged with certain duties and responsibilities by this ordinance. The
137 term also means a Duly Authorized Representative of the City Engineer.
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139 J. Chemical Oxygen Demand or COD. A measure of the oxygen required to oxidize all
140 compounds, both organic and inorganic, in water.
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142 K. Control Authority. The City of Bel Aire
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144 L. Environmental Protection Agency or EPA. The U.S. Environmental Protection
145 Agency or, where appropriate,the Region VII Water Management Division Director,the
146 Region VII Administrator, or other duly authorized official of said agency.
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148 M. Existing Source. Any source of discharge that is not a"New Source."
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150 N. Grab Sample. A sample that is taken from a wastestream without regard to the flow in
151 the wastestream and over a period of time not to exceed fifteen(15)minutes.
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153 O. Indirect Discharge or Discharge. The introduction of pollutants into the POTW from
154 any nondomestic source.
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156 P. Industrial User, IU or User. A source of indirect discharge.
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158 Q. Interference. A discharge that, alone or in conjunction with a discharge or discharges
159 from other sources, inhibits or disrupts the POTW, its treatment processes or operations
160 or its sludge processes,use or disposal; and therefore, is a cause of a violation of[the
161 City's]NPDES permit or of the prevention of sewage sludge use or disposal in
162 compliance with any of the following statutory/regulatory provisions or permits issued
163 thereunder, or any more stringent State or local regulations: section 405 of the Act;the
164 Solid Waste Disposal Act, including Title II commonly referred to as the Resource
165 Conservation and Recovery Act(RCRA); any State regulations contained in any State
166 sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal
167 Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection,
168 Research, and Sanctuaries Act.
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170 R. KDHE. the Kansas Department of Health and Environment and any successor
171 departments or agencies.
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173 S. Local Limit. Specific discharge limits or best management practices developed and
174 enforced by the City upon industrial or commercial facilities to implement the general
175 and specific discharge prohibitions listed in 40 CFR 403.5(a)(1)and(b).
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177 T. Medical Waste. Isolation wastes, infectious agents, human blood and blood products,
178 pathological wastes, sharps, body parts, contaminated bedding, surgical wastes,
179 potentially contaminated laboratory wastes, and dialysis wastes.
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181 U.New Source.
182 (1)Any building, structure, facility, or installation from which there is (or may
183 be) a discharge of pollutants,the construction of which commenced after the
184 publication of proposed Pretreatment Standards under section 307(c)of the Act
185 that will be applicable to such source if such Standards are thereafter promulgated
186 in accordance with that section, provided that:
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188 (a)The building, structure, facility, or installation is constructed at a site at which
189 no other source is located; or
190 (b)The building, structure, facility, or installation totally replaces the process or
191 production equipment that causes the discharge of pollutants at an Existing
192 Source; or
193 (c) The production or wastewater generating processes of the building, structure,
194 facility, or installation are substantially independent of an Existing Source at the
195 same site. In determining whether these are substantially independent, factors
196 such as the extent to which the new facility is integrated with the existing plant,
197 and the extent to which the new facility is engaged in the same general type of
198 activity as the Existing Source, should be considered.
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200 (2)Construction on a site at which an Existing Source is located results in a
201 modification rather than a New Source if the construction does not create a new
202 building, structure, facility,or installation meeting the criteria of Section(1)(b)or
203 (c)above but otherwise alters, replaces, or adds to existing process or production
204 equipment.
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206 (3) Construction of a New Source as defined under this paragraph has commenced
207 if the owner or operator has:
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209 (a)Begun, or caused to begin, as part of a continuous onsite construction program
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211 (i)any placement, assembly, or installation of facilities or equipment; or
212 (ii) significant site preparation work including clearing, excavation, or
213 removal of existing buildings, structures,or facilities which is necessary for
214 the placement, assembly, or installation of new source facilities or equipment;
215 or
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217 (b)Entered into a binding contractual obligation for the purchase of facilities or
218 equipment which are intended to be used in its operation within a reasonable
219 time. Options to purchase or contracts which can be terminated or modified
220 without substantial loss, and contracts for feasibility, engineering, and design
221 studies do not constitute a contractual obligation under this paragraph.
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223 U. Noncontact Cooling Water. Water used for cooling that does not come into direct
224 contact with any raw material, intermediate product,waste product, or finished product.
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226 V. Pass Through. A discharge which exits the POTW into waters of the United States in
227 quantities or concentrations which, alone or in conjunction with a discharge or discharges
228 from other sources, is a cause of a violation of any requirement of the NPDES permit,
229 including an increase in the magnitude or duration of a violation.
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231 W. Person. Any individual,partnership, co-partnership, firm, company,corporation,
232 association,joint stock company,trust, estate, governmental entity, or any other legal
233 entity; or their legal representatives, agents, or assigns. This definition includes all
234 Federal, State, and local governmental entities.
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City of Bel Aire, Kansas
235
236 X. pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.
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238 Y. Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage,
239 garbage, sewage sludge, munitions, Medical Wastes, chemical wastes, biological
240 materials,radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar
241 dirt, municipal, agricultural, and industrial wastes, and certain characteristics of
242 wastewater(e.g., pH,temperature, TSS,turbidity, color, BOD, COD,toxicity, or odor).
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244 Z. Pretreatment. The reduction of the amount of pollutants,the elimination of pollutants,
245 or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of,
246 introducing such pollutants into the POTW. This reduction or alteration can be obtained
247 by physical, chemical, or biological processes; by process changes; or by other means,
248 except by diluting the concentration of the pollutants unless allowed by an applicable
249 Pretreatment Standard.
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251 AA. Pretreatment Requirements. Any substantive or procedural requirement related to
252 pretreatment imposed on a User, other than a Pretreatment Standard.
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254 BB. Pretreatment Standards or Standards. Pretreatment Standards shall mean prohibited
255 discharge standards and categorical Pretreatment Standards,and Local Limits, including
256 best management practices.
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258 CC. Prohibited Discharge Standards or Prohibited Discharges. Absolute prohibitions
259 against the discharge of certain substances;these prohibitions appear in Section 2.1 of
260 this ordinance.
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262 DD. Publicly Owned Treatment Works or POTW. A treatment works, as defined by
263 section 212 of the Act(33 U.S.C. section 1292),which is jointly owned by the cities of
264 Bel Aire and Park City known as Chisholm Creek Utility Authority, a regional sewer
265 district(as defined by Section 502(4)of the Clean Water Act. This definition includes
266 any devices or systems used in the collection, storage,treatment, recycling, and
267 reclamation of sewage or industrial wastes of a liquid nature and any conveyances,which
268 convey wastewater to a treatment plant.
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270 EE. POTW Treatment Plant, or Wastewater Treatment Plant. That portion of the POTW
271 which is designed to provide treatment(including recycling and reclamation) of
272 municipal sewage and industrial waste.
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274 FF. Septic Tank Waste. Any sewage from holding tanks such as vessels, chemical
275 toilets, campers,trailers, and septic tanks.
276 GG. Sewage. A combination of the water-carried wastes from residences, business
277 buildings, institutions, and industrial establishments which is routed to the City sanitary
278 sewer system.
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280
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281 HH. Significant Industrial User(SIU).
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283 Except as provided in paragraphs(3) and(4) of this Section, a Significant
284 Industrial User is:
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286 (1)An Industrial User subject to categorical Pretreatment Standards; or
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288 (2)An Industrial User that:
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290 (a)Discharges an average of twenty-five thousand(25,000)gpd or more of
291 process wastewater to the POTW(excluding sanitary,noncontact cooling and
292 boiler blowdown wastewater);
293 (b)Contributes a process wastestream which makes up five (5)percent or more of
294 the average dry weather hydraulic or organic capacity of the POTW treatment
295 plant; or
296 (c) Is designated as such by the City on the basis that it has a reasonable potential
297 for adversely affecting the POTW's operation or for violating any Pretreatment
298 Standard or Requirement.
299
300 (3)The City may determine that an Industrial User subject to categorical
301 Pretreatment Standards is a Non-Significant Categorical Industrial User rather
302 than a Significant Industrial User on a finding that the Industrial User never
303 discharges more than 100 gallons per day(gpd)of total categorical wastewater
304 (excluding sanitary,non-contact cooling and boiler blowdown wastewater, unless
305 specifically included in the Pretreatment Standard) and the following conditions
306 are met:
307
308 (a)The Industrial User, prior to City's finding, has consistently complied with all
309 applicable categorical Pretreatment Standards and Requirements;
310 (b)The Industrial User annually submits the certification statement required in
311 Section 6.14 B [see 40 CFR 403.12(q)],together with any additional information
312 necessary to support the certification statement; and
313 (c)The Industrial User never discharges any untreated concentrated wastewater.
314
315 (4)Upon a finding that a User meeting the criteria in Subsection(2)of this part
316 has no reasonable potential for adversely affecting the POTW's operation or for
317 violating any Pretreatment Standard or Requirement,the City may at any time, on
318 its own initiative or in response to a petition received from an Industrial User, and
319 in accordance with procedures in 40 CFR 403.8(0(6),determine that such User
320 should not be considered a Significant Industrial User.
321
322 II. Slug Load or Slug Discharge. Any discharge at a flow rate or concentration,which
323 could cause a violation of the prohibited discharge standards in Section 2.1 of this
324 ordinance. A Slug Discharge is any discharge of a non-routine, episodic nature,
325 including but not limited to an accidental spill or a non-customary batch discharge, which
326 has a reasonable potential to cause Interference or Pass Through, or in any other way
327 violate the POTW's regulations, Local Limits or Permit conditions.
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City of Bel Aire, Kansas
328
329 JJ. Storm Water. Any flow occurring during or following any form of natural
330 precipitation, and resulting from such precipitation, including snowmelt.
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332 KK. Total Suspended Solids or Suspended Solids. The total suspended matter that floats
333 on the surface of,or is suspended in, water,wastewater, or other liquid, and that is
334 removable by laboratory filtering.
335
336 LL. Wastewater. Liquid and water-carried industrial wastes and sewage from residential
337 dwellings, commercial buildings, industrial and manufacturing facilities, and institutions,
338 whether treated or untreated,which are contributed to the POTW.
339
340
341 SECTION 2 GENERAL SEWER USE REQUIREMENTS
342
343 2.1 Prohibited Discharge Standards
344
345 A. General Prohibitions. No User shall introduce or cause to be introduced into the
346 POTW any pollutant or wastewater which causes Pass Through or Interference. These
347 general prohibitions apply to all Users of the POTW whether or not they are subject to
348 categorical Pretreatment Standards or any other National, State, or local Pretreatment
349 Standards or Requirements.
350
351 B. Specific Prohibitions. No User shall introduce or cause to be introduced into the
352 POTW the following pollutants, substances, or wastewater:
353
354 (1) Pollutants which create a fire or explosive hazard in the POTW, including,
355 but not limited to,wastestreams with a closed-cup flashpoint of less than 140
356 degrees F (60 degrees C)using the test methods specified in 40 CFR 261.21;
357
358 (2) Wastewater having a pH less than 5.0 or more than 12.5, or otherwise causing
359 corrosive structural damage to the POTW or equipment;
360
361
362 (3) Solid or viscous substances in amounts which will cause obstruction of the
363 flow in the POTW resulting in Interference : Solid or viscous Pollutants shall not
364 be discharged whole or ground by garbage grinders. This includes, but is not
365 limited to ashes,cinders, sand, mud, straw, shavings, metal, glass, rags,
366 mopheads, feathers,tar,plastics,wood, underground garbage,paunch manure,
367 hair and flesh, entrails, including solids from food service establishments, such as
368 oil and grease,paper and cloth wipes, dishes, utensils,cups, and liquid containers.
369
370 (4)Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a
371 discharge at a flow rate and/or pollutant concentration which, either singly or by
372 interaction with other pollutants, will cause Interference with the POTW;
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City of Bel Aire, Kansas
374 (5) Wastewater having a temperature that inhibits biological activity in the
375 treatment plant resulting in interference, but in no case, wastewater from an
376 indirect discharge with a temperature exceeding one hundred fifty degrees
377 Fahrenheit(sixty-five degrees Celsius)or which results in exceeding the
378 wastewater temperature of one hundred-and four-degrees Fahrenheit(forty
379 degrees Celsius) at the treatment plant.
380
381 (6)Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin,
382 in amounts that will cause Interference or Pass Through.
383
384 (7)Pollutants which result in the presence of toxic gases,vapors, or fumes within
385 the POTW in a quantity that may cause acute worker health and safety problems.
386
387 (8)Trucked or hauled pollutants, except at discharge points designated by the
388 City Engineer in accordance with Section 3.4 of this ordinance.
389
390 (9)Noxious or malodorous liquids, gases, solids,or other wastewater which,
391 either singly or by interaction with other wastes, are sufficient to create a public
392 nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or
393 repair;
394
395 (10) Wastewater which imparts color which cannot be removed by the treatment
396 process, such as, but not limited to,dye wastes and vegetable tanning solutions,
397 which consequently imparts color to the treatment plant's effluent,thereby
398 violating the NPDES permit;
399
400 (11) Wastewater containing any radioactive wastes or isotopes except in
401 compliance with applicable State or Federal regulations;
402
403 (12) Storm Water, surface water, ground water,artesian well water, roof runoff,
404 subsurface drainage, swimming pool drainage,condensate, deionized water,
405 Noncontact Cooling Water, and unpolluted wastewater, unless specifically
406 authorized by [the City Engineer];
407
408 (13) Sludges, screenings, or other residues from the pretreatment of industrial
409 wastes;
410
411 (14)Medical Wastes, except as specifically authorized in writing by the City
412 Engineer
413
414 (15) Wastewater causing, alone or in conjunction with other sources,the
415 treatment plant's effluent to fail toxicity test;
416
417 (16) Detergents, surface-active agents, or other substances which that might cause
418 excessive foaming in the POTW;
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City of Bel Aire, Kansas
420 (17) Fats, oils, or greases of animal or vegetable origin, emulsified or not,
421 containing substances which may solidify, or become viscous, at temperatures
422 between thirty-two degrees Fahrenheit and one hundred fifty degrees Fahrenheit
423 (zero degrees to sixty-five degrees Centigrade), in quantities determined by the
424 City Engineer that have a deleterious effect upon the POTW conveyance system,
425 processes, and/or equipment, or in quantities which will pass through the POTW
426 to the receiving waters, or impact the storage or disposal of the POTW biosolids.
427 In addition, it is prohibited to discharge these substances in quantities that cause a
428 sewer line blockage resulting in untreated sewage discharging to waters of the
429 United States. The discharge must not be in quantities that present an imminent
430 endangerment to the health and welfare of persons, or otherwise create or
431 constitute a public nuisance.
432
433 (18) Wastewater causing two readings on an explosion hazard meter at the point
434 of discharge into the POTW, or at any point in the POTW, of more than five
435 percent(5 %)or any single reading over ten percent(10%)] of the Lower
436 Explosive Limit of the meter.
437
438 19. Any garbage that has not been properly shredded. Garbage grinders may be
439 connected to sanitary sewers from homes, hotels, institutions, restaurants,
440 hospitals, catering establishment,or similar places where garbage originates from
441 the preparation of food in kitchens for the purpose of consumption on the
442 premises or when served by caterers. However, garbage grinders shall only be
443 used to grind 11 small amounts of garbage incidental to cleaning plates,
444 cookware, etc. and not to dispose of large quantities of waste. Waste must be
445 scraped into a garbage can prior to cleaning;
446
447 20. Unusual Biochemical Oxygen Demand(BOD), Chemical Oxygen Demand
448 (COD), or Total Suspended Solids(TSS) in quantities as to constitute a
449 significant additional load on the Wastewater Treatment Plant.
450
451 21. Wastewater containing Pollutants which are not amenable to transport,
452 treatment or reduction in concentration by the POTW and POTW Treatment Plant
453 processes employed, or are amenable to treatment only to such a degree that the
454 POTW Treatment Plant effluent cannot meet the requirements of regulatory
455 agencies having jurisdiction over discharge of effluent to the receiving waters;
456
457 22. Wastewater which, by interaction with other wastewater in the POTW,
458 releases obnoxious gases, forms suspended solids which interfere with the
459 collection system, or creates a condition deleterious to structures and treatment
460 processes.
461
462 23. Liquid Wastes from chemical toilets,trailers, campers, or other recreational
463 vehicles which have been collected or held in tanks or other containers shall not
464 be discharged into the POTW except at locations authorized by the City to collect
465 such wastes.
466
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467 24. Pollutants, substances, or Wastewater prohibited by this subsection shall not
468 be processed or stored in such a manner that they could be discharged to the
469 POTW.
470
471
472
473 2.2 National Categorical Pretreatment Standards
474
475 Categorical Industrial Users (CIUs)must comply with applicable Categorical Pretreatment
476 Standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471. In order to facilitate
477 notification from the POTW to the Control Authority regarding discharges from CIUs, CIUs
478 shall notify the City at least 90 days prior to discharge. CIUs also have additional sampling,
479 reporting, and notification requirements to the Control Authority.
480
481 2.3 Site-Specific Limits
482
483 The POTW may establish additional site-specific pollutant limits, Best Management Practices, or
484 additional Pretreatment Requirements when, in the judgment of the City, such limitations are
485 necessary to implement the provisions of this Chapter, including the Discharge prohibitions in
486 subsection 2.1. These additional limits shall be public noticed prior to implementation by the
487 City.
488
489 2.4 Best Management Practices (BMPs)
490
491 The POTW may develop BMPs to implement the prohibitions of subsection 2.1 of this Chapter.
492 BMPs shall be considered Pretreatment Standards for purposes of this Chapter and section
493 307(d)of the Act. The City may establish specific sector control programs for Industrial Users to
494 control specific pollutants, as necessary,to meet the objectives of this Chapter. Pollutants subject
495 to these sector control programs will generally be controlled using BMPs as determined by the
496 City. These sector control programs shall not limit the City's authority to inspect, sample, require
497 reports,enforce, or otherwise carry out its responsibility under this Chapter. The specific sector
498 control program BMPs and requirements shall be developed and documented in a policy,which
499 shall be public noticed.
500
501 Elements of a BMP-based sector control program may include,but are not limited to the
502 following:
503 1. Installation of appropriately-sized treatment;
504 2. Requirements for prohibitions on certain practices or discharges;
505 3. Requirements for the operation and maintenance of treatment equipment; and
506 4. Procedures for compliance certification, reporting and records retention.
507
508 The City Engineer may develop Best Management Practices (BMPs),by ordinance or in
509 individual wastewater discharge permits to implement any City requirements of Section 2.1.
510
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511 2.5 City's Right of Revision
512
513 The City reserves the right to establish, by ordinance or in individual wastewater discharge
514 permits more stringent Standards or Requirements on discharges to the POTW consistent with
515 the purpose of this ordinance.
516
517 2.6 Dilution
518
519 No User shall ever increase the use of process water, or in any way attempt to dilute a discharge,
520 as a partial or complete substitute for adequate treatment to achieve compliance with a discharge
521 limitation unless expressly authorized by an applicable Pretreatment Standard or Requirement.
522 The City Engineer may impose mass limitations on Users who are using dilution to meet
523 applicable Pretreatment Standards or Requirements, or in other cases when the imposition of
524 mass limitations is appropriate.
525
526 SECTION 3 PRETREATMENT OF WASTEWATER
527
528 3.1 Pretreatment Facilities
529
530 Users shall provide wastewater treatment as necessary to comply with this ordinance and shall
531 achieve compliance prior to discharge. Any facilities necessary for compliance shall be
532 provided, operated, and maintained at the User's expense. Detailed plans describing such
533 facilities and operating procedures shall be submitted to the City Engineer for review and shall
534 be acceptable to [the City Engineer before such facilities are constructed. The review of such
535 plans and operating procedures shall in no way relieve the User from the responsibility of
536 modifying such facilities as necessary to produce a discharge acceptable to the City under the
537 provisions of this ordinance.
538
539
540 3.2 Additional Pretreatment Measures
541
542 A. Whenever deemed necessary, the City Engineer may require Users to restrict their
543 discharge during peak flow periods, designate that certain wastewater be discharged only
544 into specific sewers, relocate and/or consolidate points of discharge, separate sewage
545 wastestreams from industrial wastestreams, and such other conditions as may be
546 necessary to protect the POTW and determine the User's compliance with the
547 requirements of this ordinance.
548
549 B. The City Engineer may require any person discharging into the POTW to install and
550 maintain, on their property and at their expense, a suitable storage and flow-control
551 facility to ensure equalization of flow.
552
553 C. Grease, oil, and sand interceptors shall be provided when, in the opinion of the City
554 Engineer,they are necessary for the proper handling of wastewater containing excessive
555 amounts of grease and oil,or sand; except that such interceptors shall not be required for
556 residential users. All interception units shall be of a type and capacity approved by the
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City of Bel Aire, Kansas
557 City Engineer, shall be so located to be easily accessible for cleaning and inspection.
558 Such interceptors shall be inspected, cleaned, and repaired by the User at their expense.
559
560 D. Users with the potential to discharge flammable substances may be required to install
561 and maintain an approved combustible gas detection meter.
562
563 E. The City Engineer may require any person discharging into the POTW to install at the
564 owner's or operator's own expense suitable monitoring facilities or equipment which
565 isolates appropriate wastewater discharges into the wastewater system and facilitates
566 accurate observation, sampling and measurement of discharges. The equipment shall be
567 maintained in proper working order and kept safe and accessible without restriction to
568 POTW personnel at all times. Where practical,the monitoring equipment shall be located
569 and maintained on the Industrial User's premises outside of the building.
570
571 3.3 Accidental Discharge/Slug Discharge Control Plans
572
573 Each Industrial User shall provide protection from accidental discharges and Slug Loads
574 of pollutants resulting in harm to the POTW. Facilities to prevent the discharge of spills
575 or Slug Loads shall be provided and maintained at the Industrial User's expense.
576
577 The City Engineer shall evaluate whether a facility needs an accidental discharge/slug
578 discharge control plan or other action to control Slug Discharges. [The City Engineer]
579 may require any User to develop, submit for approval, and implement such a plan or take
580 such other action that may be necessary to control Slug Discharges. Alternatively, [the
581 City Engineer may develop such a plan for any User. An accidental discharge/slug
582 discharge control plan shall address, at a minimum,the following:
583
584 A. Detailed plans(schematics) showing facility layout and plumbing representative of
585 operating procedures.
586 B. Description of contents and volumes of any process tanks;
587 C. Description of discharge practices, including non-routine batch discharges;
588 D. Listing of stored chemicals, including location and volumes;
589 E. Procedures for immediately notifying the POTW of any spill or Slug Discharge. It is
590 the responsibility of the Industrial User to comply with all reporting requirements;
591 F. Procedures to prevent adverse impact from any accidental or Slug Discharge. Such
592 procedures include,but are not limited to, inspection and maintenance of storage areas,
593 handling, and transfer of materials, loading and unloading operations, control of plant site
594 runoff,worker training, building of containment structures or equipment, measures for
595 containing toxic organic pollutants, including solvents, and/or measures and equipment
596 for emergency response.
597
598 3.4 Hauled Wastewater
599
600 A. The POTW prohibits the discharge of trucked/hauled septic tank waste, industrial
601 waste, and RV waste to the City sanitary sewer collection system, unless the City
602 Engineer specifically grants a permit to the discharger. Such a permit shall be issued
603 pursuant to rules and that address, among other items,preservation of sewer capacity for
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City of Bel Aire, Kansas
604 its intended purpose of handling sanitary sewage, protection of the sanitary sewer system
605 from harmful solutions,protection of the health of employees and the public, and proper
606 functioning of the City's sanitary sewer system and its appurtenances.
607
608 B. Trucked/Hauled waste may be discharged into the sanitary sewer system only at
609 locations designated by the City,and at such times established by the City. Such waste
610 shall not violate any discharge conditions or requirements established by the POTW. The
611 City may require the following:
612 1. Septic tank waste haulers to obtain individual wastewater Discharge permits.
613 2. The POTW may collect samples of each hauled load to ensure compliance with
614 applicable Pretreatment Standards and Requirements.
615 3. The POTW may require the industrial waste hauler to provide a waste analysis of
616 any load prior to Discharge.
617
618 Any Person discharging septic tank waste and industrial waste must provide a waste-
619 tracking form for every load. This form shall include, at a minimum,the name and
620 address of the waste hauler(individual person and company),permit number(if
621 applicable),truck identification, names and addresses of sources of waste, and volume
622 and characteristics of waste. The form shall identify the type of industry, known or
623 suspected waste constituents,and whether any wastes are RCRA hazardous wastes. —
624
625 C. RV Disposal Stations: The POTW may allow RV disposal sites in its service area if
626 the quality or quantity of the RV waste does not impact the POTW, including the
627 collection system. The POTW may require RV disposal sites in the service area to ensure
628 adequate controlled access to its disposal site including locked access, sign-in records for
629 persons discharging from the RV, record keeping by the RV disposal site, and other
630 information, as deemed appropriate by the City Engineer.
631
632 SECTION 4 NOTIFICATION AND REPORTING REQUIREMENTS
633
634 4.1 —Industrial User Questionnaire
635
636 If the POTW deems it necessary to assure compliance with the provisions of this Chapter, any IU
637 of the POTW may be required to submit a Wastewater Discharge permit application,
638 questionnaire, or other reports and notifications in a format and timeframe specified by the
639 POTW. In cases where the Pretreatment Standard requires compliance with a BMP or pollution
640 prevention alternative,the Industrial User must submit documentation required by the POTW or
641 the Pretreatment Standards to determine the compliance status of the Industrial User. Any
642 Industrial User subject to this reporting requirement shall submit a completed report no later than
643 thirty (30)days after receipt of the notification and appropriate forms.
644
645 4.2—Notification of Change in Discharge
646
647 All Industrial Users shall promptly notify the POTW in advance of any substantial change in the
648 volume or character of pollutants in their discharge, including the listed or characteristic
649 hazardous wastes for which the Industrial User has submitted initial notification under 40 CFR
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City of Bel Aire, Kansas
650 section 403.12(p). Additionally, significant Industrial Users are required to notify the POTW
651 immediately of any changes in their facilities affecting potential for a Slug Discharge.
652
653 4.3—Notification of Hazardous Waste Discharge
654
655 Industrial users shall notify the City,the EPA Regional Waste Management Division Director,
656 and the State hazardous waste authorities in writing of any Discharge into the POTW of any
657 substance which, if otherwise disposed of,would be considered a hazardous waste under 40 CFR
658 section 261, (RCRA). Each Industrial User shall notify the POTW in advance of any substantial
659 change to such discharge. The specific information required to be reported and the time frames in
660 which it is to be reported are found at 40 CFR section 403.12§15
661
662 4.4—Report of Potential Problems
663
664 A. In the case of any discharge, including, but not limited to, spills, accidental discharges,
665 discharges of a non-routine, episodic nature, a non-customary batch discharge, a Slug discharge
666 or a discharge that may cause potential problems for the POTW,the Industrial User shall
667 immediately telephone and notify the POTW of the incident. This notification shall include:
668 1.Name of the facility;
669 2. Location of the facility;
670 3.Name of the caller;
671 4. Date and time of the discharge;
672 5. Date and time discharge was halted;
673 6. Location of the discharge;
674 7. Type of waste;
675 8. Estimated volume of the discharge;
676 9. Estimated concentration of pollutants in the discharge;
677 10. Corrective actions taken to halt the discharge; and
678 11. Method of disposal, if applicable.
679
680 B. Within five(5)working days following such discharge,the Industrial User shall, unless
681 waived by the City, submit a detailed written report describing the cause(s)of the Discharge and
682 the measures to be taken by the Industrial User to prevent similar future occurrences. Such
683 notification shall not relieve the Industrial User of any expense, loss, damage,or other liability
684 which might be incurred as a result of damage to the POTW, natural resources, or any other
685 damage to person or property; nor shall such notification relieve the Industrial User of any fines,
686 penalties, or other liability which may be imposed pursuant to this Chapter.
687
688 4.5—Authorized Signature for Reports
689
690 All reports and questionnaires required to be submitted by the above provisions shall bear the
691 signature of an Authorized Representative of the discharging entity and shall include the
692 following certification statement as set forth in 40 CFR section 403.6(a)(2)(ii): "I certify under
693 penalty of law that this document and all attachments were prepared under my direction or
694 supervision in accordance with a system designed to ensure that qualified personnel properly
695 gather and evaluate the information submitted. Based on my inquiry of the person or persons
696 who manage the system or the persons directly responsible for gathering the information,the
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City of Bel Aim, Kansas
697 information submitted is,to the best of my knowledge and belief,true, accurate, and complete. I
698 am aware that there are significant penalties for submitting false information, including the
699 possibility of a fine and imprisonment for knowing violations."
700
701 SECTION 5 RIGHT OF ENTRY: INSPECTION AND SAMPLING
702
703 Continued connection and use of the City of Bel Aire Municipal sewer system shall be
704 contingent on the right of the City to inspect and sample all discharges into the system. The City
705 shall have the right to enter the premises of any user to determine that the User is complying with
706 all requirements of this ordinance and any wastewater discharge permit or order issued
707 hereunder, is being met. Users shall allow the City Engineer ready access to all parts of the
708 premises for the purposes of inspection, sampling,records examination and copying, and the
709 performance of any additional duties.
710
711 A. Upon arrival at the facility,the City Engineer and/or their authorized
712 representative(s) shall identify themselves to the manager or supervising staff
713 person on duty at the facility,prior to conducting inspections, sampling, or
714 records examination. All routine or unscheduled inspections shall be documented
715 in writing, and findings shall be reported to the User within 10 days of the event.
716
717 B. Where a user has security measures in force which require proper identification and
718 clearance before entry into its premises,the user shall make necessary arrangements
719 with its security guards so that,upon presentation of suitable identification, the City,
720 KDHE,and EPA authorized personnel will be permitted to enter without delay for
721 the purposes of performing specific responsibilities.
722
723 C. The City, KDHE and EPA shall have the right to set up on the user's property or
724 require installation of such devices as are necessary to conduct sampling and/or
725 metering of the user's operations.
726
727 D. Any temporary or permanent obstruction to safe and easy access to the facility to be
728 inspected and/or sampled shall be promptly removed by the user at the written or
729 verbal request of the Director and shall not be replaced. The costs of clearing such
730 access shall be borne by the user.
731
732 E. The City Engineer may require the User to install monitoring equipment as
733 necessary. The facility's sampling and monitoring equipment shall be maintained
734 at all times in a safe and proper operating condition by the User at its own
735 expense. All devices used to measure wastewater flow and quality shall be
736 calibrated with a precision and frequency mutually agreed to between the City and
737 the User using measurement standards traceable to the National Institute of
738 Standards and Technology(NIST)to ensure accuracy.
739
740 F. Unreasonable delays in allowing the City Engineer access to the User's premises
741 shall be a violation of this ordinance.
742
16
City of Bel Aire, Kansas
743 SECTION 6 CONFIDENTIAL BUSINESS INFORMATION
744
745 All information and data on a User obtained from the User,person, POTW including but not
746 limited to, reports, surveys, monitoring programs, and from the City Engineer's inspection
747 and sampling activities, shall be available to the public without restriction, unless the User
748 specifically requests, and is able to demonstrate to the satisfaction of the City Engineer,that the
749 release of such information would divulge information,processes, or methods of production
750 entitled to protection as trade secrets under applicable State law. Any such request must be
751 asserted at the time of submission of the information or data. When requested and demonstrated
752 by the User furnishing a report that such information should be held confidential,the portions of
753 a report which might disclose trade secrets or secret processes shall not be made available for
754 inspection by the public but shall be made available immediately upon request to governmental
755 agencies for uses related to the NPDES program or pretreatment program, and in enforcement
756 proceedings involving the person furnishing the report. Wastewater constituents and
757 characteristics and other effluent data, as defined at 40 CFR 2.302 shall not be recognized as
758 confidential information and shall be available to the public without restriction.
759
760 SECTION 7 ADMINISTRATIVE/JUDICIAL ENFORCEMENT REMEDIES
761
762 7.1 Notification of Violation
763
764 When the City Engineer finds that a User has violated, or continues to violate, any provision of
765 this ordinance, or order issued hereunder, or any other Pretreatment Standard or Requirement,
766 the City Engineer may serve upon that User a written Notice of Violation. Within five (5)
767 working days of the receipt of such notice,an explanation of the violation and a plan for the
768 satisfactory correction and prevention thereof,to include specific required actions, shall be
769 submitted by the User to the City Engineer. Submission of such a plan in no way relieves the
770 User of liability for any violations occurring before or after receipt of the Notice of Violation.
771 Nothing in this Section shall limit the authority of the City Engineer to take any action, including
772 emergency actions or any other enforcement action,without first issuing a Notice of Violation.
773
774 7.2 Consent/Administrative Orders
775 When the City finds that an Industrial User has violated, or continues to violate, any provision of
776 this Chapter, or order issued hereunder, or any other Pretreatment Standard or Requirement, the
777 City may issue an Administrative Order to the Industrial User responsible for the discharge
778 directing that the Industrial User immediately come into compliance or within a time specified
779 by the City.
780
781 The City Engineer may enter into Consent Orders, assurances of compliance, or other similar
782 documents establishing an agreement with any User responsible for noncompliance. Such
783 documents shall include specific action to be taken by the User to correct the noncompliance
784 within the time period specified by the document. Such documents shall have the same force
785 and effect as the administrative orders. and shall be judicially enforceable.
786
787 If the Industrial User does not come into compliance within the time provided, sewer service
788 may be discontinued unless adequate treatment facilities, devices, or other related appurtenances
789 are installed and properly operated. Compliance orders also may contain other requirements to
17
City of Bel Aire, Kansas
790 address the noncompliance, including additional self-monitoring and management practices
791 designed to minimize the amount of pollutants discharged into the sewer. A compliance order
792 may not extend the deadline for compliance established for a Pretreatment Standard or
793 Requirement, nor does a compliance order relieve the Industrial User of liability for any
794 violation, including any continuing violation during the time it takes the Industrial User to come
795 into compliance. Issuance of a compliance order shall not be a bar against, or a prerequisite for,
796 taking any other action against the Industrial User.
797
798 7.3 Suspension of Service
799
800 The City may suspend water service and/or wastewater treatment service in order to stop an
801 actual or threatened Discharge which presents or may present an imminent or substantial
802 endangerment to the health or welfare of persons, the environment, causes Pass Through or
803 Interference, causes the POTW to violate any condition of its NPDES Permit, or for violations of
804 this Chapter. Any IU notified of a suspension of the water service and/or wastewater treatment
805 service shall immediately stop or eliminate the Discharge. In the event of a failure of the person
806 to comply voluntarily with the suspension order,the City shall take such steps as deemed
807 necessary including immediate physical severance of the sewer connection,to prevent or
808 minimize damage to the POTW system or endangerment to individuals or the environment.
809
810 7.4 Show Cause Hearing
811
812 The City Engineer may order a User which has violated, or continues to violate, any provision of
813 this ordinance, order issued hereunder, or any other Pretreatment Standard or Requirement,to
814 appear before the City Engineer and show cause why the proposed enforcement action should
815 not be taken. Notice shall be served on the User specifying the time and place for the meeting,
816 the proposed enforcement action,the reasons for such action, and a request that the User show
817 cause why the proposed enforcement action should not be taken. The notice of the meeting shall
818 be served personally or by registered or certified mail (return receipt requested)at least 15
819 (fifteen)days prior to the hearing. Such notice may be served on any Authorized Representative
820 of the User as defined in Section 1.4 C and required by Section 4.7 A. The Show Cause Hearing
821 board shall consist of the City Manager,the Public Works Director, City Council Member, City
822 Manager, Utility Advisory Committee Member, and the Planning&Development Director, or
823 their designees. A show cause hearing shall not be a bar against,or prerequisite for,taking any
824 other action against the User.
825
826 A. Appeal.Any person aggrieved by the decision of the hearing board may appeal such
827 decision to the city council within ten days of the receipt of the decision by filing notice
828 of appeal with the city clerk. Upon hearing,the city council may affirm, modify, or
829 reverse the decision of the director. Any appeal of the council's decision shall be as
830 provided by state law.
831
832
833 7.5 Compliance Orders
834
835 When the City Engineer finds that a User has violated, or continues to violate, any provision of
836 this ordinance, m order issued hereunder, or any other Pretreatment Standard or Requirement,the
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City of Bel Aire, Kansas
837 City Engineer may issue an order to the User responsible for the discharge directing that the User
838 come into compliance within a specified time. If the User does not come into compliance within
839 the time provided, sewer service may be discontinued unless adequate treatment facilities,
840 devices, or other related appurtenances are installed and properly operated. Compliance orders
841 also may contain other requirements to address the noncompliance, including additional
842 self-monitoring and management practices designed to minimize the amount of pollutants
843 discharged to the sewer. A compliance order may not extend the deadline for compliance
844 established for a Pretreatment Standard or Requirement,nor does a compliance order relieve the
845 User of liability for any violation, including any continuing violation. Issuance of a compliance
846 order shall not be a bar against, or a prerequisite for,taking any other action against the User.
847
848 7.6 Cease and Desist Orders
849
850 When the City Engineer finds that a User has violated, or continues to violate, any provision of
851 this ordinance, or order issued hereunder, or any other Pretreatment Standard or Requirement, or
852 that the User's past violations are likely to recur,the City Engineer may issue an order to the
853 User directing it to cease and desist all such violations and directing the User to:
854
855 A. Immediately comply with all requirements; and
856
857 B. Take such appropriate remedial or preventive action as may be needed to properly
858 address a continuing or threatened violation, including halting operations and/or
859 terminating the discharge. Issuance of a cease-and-desist order shall not be a bar
860 against, or a prerequisite for,taking any other action against the User.
861
862 7.8 Administrative Fines
863
864 A. When the City Engineer finds that a User has violated, or continues to violate, any
865 provision of this ordinance, an individual wastewater discharge permit or order issued
866 hereunder, or any other Pretreatment Standard or Requirement, the City Engineer may fine
867 such User in an amount not to exceed $1,000 (one-thousand dollars). Such fines shall be
868 assessed on a per-violation,per-day basis. In the case of monthly or other long-term
869 average discharge limits, fines shall be assessed for each day during the period of
870 violation.
871
872 B. The POTW may, in addition to fines, collect charges to pay for damage to the POTW,
873 fines issued to the POTW, and any other costs incurred by the POTW as a result of the
874 IU's noncompliance.
875
876 C. A lien against the Industrial User's property shall be sought for unpaid charges, fines,
877 and penalties.
878
879 D. Users desiring to dispute such fines must file a written request for the City Engineer
880 to reconsider the fine along with full payment of the fine amount within 10 (ten) business
881 days of being notified of the fine. Where a request has merit,the City Engineer may
882 convene a hearing on the matter. In the event the User's appeal is successful,the
883 payment,together with any interest accruing thereto, shall be returned to the User. The
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City of Bel Aire, Kansas
884 City Engineer may add the costs of preparing administrative enforcement actions, such as
885 notices and orders,to the fine.
886
887 E. Issuance of an administrative fine shall not be a bar against, or a prerequisite for,
888 taking any other action against the User.
889
890
891 7.9 Injunctive Relief
892
893 When the City Engineer finds that a User has violated, or continues to violate, any provision of
894 this ordinance, or order issued hereunder,or any other Pretreatment Standard or Requirement,
895 the City Engineer may petition the district court of Sedgwick County,through the City's
896 Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains
897 or compels the specific performance of the individual wastewater discharge permit, order, or
898 other requirement imposed by this ordinance on activities of the User. The City Engineer may
899 also seek such other action as is appropriate for legal and/or equitable relief, including a
900 requirement for the User to conduct environmental remediation. A petition for injunctive relief
901 shall not be a bar against, or a prerequisite for, taking any other action against a User.
902
903 7.10 Remedies Nonexclusive
904
905 The remedies provided for in this ordinance are not exclusive. The City Engineer may take any,
906 all, or any combination of these actions against a noncompliant User. Enforcement of
907 pretreatment violations will generally be in accordance with the City's enforcement and penalties
908 described in Chapter 16,Article 6 of the City Code of Ordinances. However,the City Engineer
909 may take other action against any User when the circumstances warrant. Further,the City
910 Engineer is empowered to take more than one enforcement action against any noncompliant
911 User.
912
913 7.11 Water Supply Severance
914
915 Whenever a User has violated or continues to violate any provision of this ordinance, an order
916 issued hereunder, or any other Pretreatment Standard or Requirement,water service to the User
917 may be severed. Service will recommence, at the User's expense, only after the User has
918 satisfactorily demonstrated its ability to comply.
919
920 7.12 Prohibited Discharge Standards
921
922 A User shall have an affirmative defense to an enforcement action brought against it for
923 noncompliance with the general prohibitions in Section 2.1(A)of this ordinance or the specific
924 prohibitions in Sections 2.1(B)(3)through(24)of this ordinance if it can prove that it did not
925 know, or have reason to know,that its discharge, alone or in conjunction with discharges from
926 other sources, would cause Pass Through or Interference and that
927
928 A. the discharge did not change substantially in nature or constituents from the User's
929 prior discharge when the City was regularly in compliance with its NPDES permit,and in
20
City of Bel Aire, Kansas
930 the case of Interference, was in compliance with applicable sludge use or disposal
931 requirements.
932
933 SECTION 8 EFFECTIVE DATE
934
935 This ordinance shall be in full force and effect immediately following its passage, approval, and
936 publication, as provided by law.
PASSED AND APPROVED by the Governing Body of the City of Bel Aire,Kansas this 5th day
of December, 2023.
F ;
i�, `'
*c%' 0?. ,°k CITY OF BEL AIRS, KANSAS
�� iim Benage, Mayor
ATTEST:
Melissa Krehbiel, City Clerk
21