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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 1 2 3 4 CITY OF BEL AIRE MUNCIPAL ORDINANCE 5 6 7 ORDINANCE NO. 713 8 9 SECTION 1 GENERAL PROVISIONS 10 11 1.1 Purpose and Policy 12 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: 18 19 A. To prevent the introduction of pollutants into the Publicly Owned Treatment Works 20 that will interfere with its operation; 21 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; 26 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; 29 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 33 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. 37 38 This ordinance shall apply to all Users of the City of Bel Aire Sanitary Sewer Conveyance 39 System. 40 41 1.2 Administration 42 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. 46 47 1 City of Bel Aire, Kansas 48 1.3 Abbreviations 49 The following abbreviations,when used in this ordinance, shall have the designated meanings: 50 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 66 67 1.4 Definitions 68 69 Unless a provision explicitly states otherwise,the following terms and phrases, as used in this 70 ordinance, shall have the meanings hereinafter designated. 71 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. 74 75 B. Approval Authority The Kansas Department of Health and Environment(KDHE); it 76 shall mean the Director of Environment of KDHE 77 78 C. Authorized or Duly Authorized Representative of the User. 79 80 (1) If the User is a corporation: 81 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 85 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; 2 City of Bel Aire, Kansas 94 and where authority to sign documents has been assigned or delegated to the 95 Engineer in accordance with corporate procedures. 96 97 (2) If the User is a partnership or sole proprietorship: a general partner or 98 proprietor,respectively. 99 100 (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. 103 104 (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. 110 111 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). 114 115 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) 124 125 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. 129 130 G. Categorical Industrial User. An Industrial User subject to a categorical Pretreatment 131 Standard or categorical Standard. 132 133 H. City. The City of Bel Aire 134 135 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. 138 139 J. Chemical Oxygen Demand or COD. A measure of the oxygen required to oxidize all 140 compounds, both organic and inorganic, in water. 3 City of Bel Aire, Kansas 141 142 K. Control Authority. The City of Bel Aire 143 144 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. 147 148 M. Existing Source. Any source of discharge that is not a"New Source." 149 150 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. 152 153 O. Indirect Discharge or Discharge. The introduction of pollutants into the POTW from 154 any nondomestic source. 155 156 P. Industrial User, IU or User. A source of indirect discharge. 157 158 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. 169 170 R. KDHE. the Kansas Department of Health and Environment and any successor 171 departments or agencies. 172 173 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). 176 177 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. 180 181 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: 187 4 City of Bel Aire, Kansas 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. 199 200 (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. 205 206 (3) Construction of a New Source as defined under this paragraph has commenced 207 if the owner or operator has: 208 209 (a)Begun, or caused to begin, as part of a continuous onsite construction program 210 211 (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 216 217 (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. 222 223 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. 225 226 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. 230 231 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. 5 City of Bel Aire, Kansas 235 236 X. pH. A measure of the acidity or alkalinity of a solution, expressed in standard units. 237 238 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). 243 244 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. 250 251 AA. Pretreatment Requirements. Any substantive or procedural requirement related to 252 pretreatment imposed on a User, other than a Pretreatment Standard. 253 254 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. 257 258 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. 261 262 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. 269 270 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. 273 274 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. 279 280 6 City of Bel Aire, Kansas 281 HH. Significant Industrial User(SIU). 282 283 Except as provided in paragraphs(3) and(4) of this Section, a Significant 284 Industrial User is: 285 286 (1)An Industrial User subject to categorical Pretreatment Standards; or 287 288 (2)An Industrial User that: 289 290 (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. 7 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. 331 332 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; 373 8 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; 419 9 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 10 City of Bel Aire, Kansas 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 11 City of Bel Aire, Kansas 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 12 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 13 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 14 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 15 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 18 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 19 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