HomeMy Public PortalAboutORD09979 BILL NO.
SPONSORED BY COUNCILMAN
ORDINANCE NO. ..
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AMENDING CHAPTER 32
OF THE CITY CODE BY DELETING SECTION 32-1 AND SECTIONS 32-45 THROUGH
32-52, AND BY ENACTING IN LIEU THEREOF SIX NEW SECTIONS PERTAINING
TO DEFINITIONS , USE OF WASTEWATER FACILITIES , REGULATION OF DIS-
CHARGE OF WASTEWATER INTO SEWERS , WASTEWATER PRETREATMENT, AND
PENALTIES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS :
Section 1 . Chapter 32 of the City Code is hereby amended by
deleting Section 32-1 and Sections 32-45 through 32-52 .
Section 2. Chapter 32 of the City Code is hereby amended by
enacting six new sections , which shall read as follows :
Section 32-1 . Pefinitions .
For the purposes of this Chapter, and unless the
context specifically indicates otherwise, the follow-
ing words and phrases shall have the meanings respec-
tively ascribed to them by this section:
Act or "the Act" . The Federal Water Pollution Control
Act, also n&;5 as the Clean Water Act , as amended,
33 U. S .C. 1251 , et . seq.
Approval Authority. The Director in an NPDES State
with al an approved State pretreatment program and the
appropriate Regional Administrator of the EPA in a
non-NPDES State or NPDES State without an approved
State pretreatment program.
Authorized Representative of Industrial User. An
authorized representative of an industrial uset.rftay
be: (1) A principal executive officer of at least the
level of vice president, if the industrial user is a
corporation; (2) A general partner or proprietor if
the industrial user is a partnership or proprietorship,
respectively; (3) A duly authorized representative of
the individual designated above if such representative
is responsible for the overall operation of the facili-
ties from which the indirect discharge originates .
Availability of Sewers . An owner or occupant of pro-
perty shall ave sewers available whenever the property
or premises is located in a Sewer District established
by the ordinance of the City of Jefferson City , or
whenever public sewers are available to the property
or premises and the City has notified the owner or occu-
pant of the property pursuant to Section 32-25 of this
Chapter .
-2-
Biochemical Oxygen Demand (B .O.D, ) . The quantity
of isso ve oxygen required for TTochemical oxi-
dation of organic matter under standard laboratory
procedure, in a period of five (5) days at a tem-
perature of twenty (200) degrees Centigrade , ex-
pressed in milligramsper liter (Mg/L) by weight and
concentration. Such B4O.D, shall be determined as
described under the heading "Biochemical Oxygen
Demand" in the Standard Methods for the Examination
Of Water and Wastewater as published
jointly by the American Public Health Association,
the American Water Works Association and the Water
Pollution Control Federation.
Building Sewer. A sewer conveying wastewater from
the premises of a user to the POTW, or other place
of disposal.
Categorical Standards. National Categorical Pre-
treatment Standards or Pretreatment Standard.
City. The City of Jefferson City, Missouri .
Combined Sewer. A sewer receiving both surface run-
off and wastewater.
Commercial or Industrial Establishment . Any build-
ing, structure or property used or occupied for any
purpose other than human residential occupancy,
except such building, structure or property used
or occupied for any purpose defined by this section
as a "governmental establishment . "
Compatible Pollutant . Biochemical oxygen demand, sus-
pended solids , pH an fecal coliform bacteria ; plus
additional pollutants identified in the publicly-owned
treatment works NPDES permit, where the publicly-owned
treatment work is designed to treat such pollutants and
in fact, does treat such pollutants to the degree re-
quired by the POTW' s NPDES permit .
Control Authority . The term "control authority" shall
refer to the Approval Authority" defined hereinabove;
or the Director of Public Works if the City has an
approved Pretreatment Program under the provisions of
40 CFR 403 . 11 .
Cooling Water. The water discharge from any use such
as air conditioning cooling or refrigeration; or to
which the only pollutant added is heat .
Direct Discharge. The discharge of treated or untreated
wastewater dir9ctly to the waters of the State of
Missouri ,
-3-
Director of Public Works , The executive of the
Public Wor s Department, who directs the Wastewater
Utilities Superintendent , having supervision of
maintenance and operation of the POTW of the City,
or his authorized deputy, agent , or representative,
Domestic Waste. Any combination of waters from water
c osets , urinals , lavatories, sinks , bath tubs ,
showers, household laundries, household garbage
grinders, bars , soda fountains , cuspidors , refrigera-
tor, dryers, drinking fountains and all other liquid
and water carried wastes except industrial wastes and
cooling water .
Drainage Channel . Shall mean any natural or artifi-
cial yl constructed open channel, ditch, swale, or
flume, whether lined or unlined for the drainage of
storm, surface or ground water.
Environmental Protection Agency or EPA. The U. S .
Environmental Protection Agency, or where appropriate
the term may also be used as a designation for the
Administrator or other duly authorized official of
said agency.
Fundamentally Different Factors . Factors relating to
® a User which are different from those factors con-
sidered during development of a categorical Pretreat-
ment Standard as defined in 40 CFR 403 , 13 .
Garbage. Solid wastes from the preparation of, cooking
and dYspensing of food, and from the handling, storage
and sale of produce,
Governmental Establishment . Any building, structure or
property owned, used or occupied by any agency, branch,
bureau, commission, department, division, office, unit
or instrumentality of the government of the United States
of America or of the state, or of any municipality or any
county or any other political subdivision or political
corporation of any kind whatsoever.
Grab Sample. A sample which is taken from a waste
stream on a one-time basis with no regard to the flow
in the waste stream and without consideration of time,
Holding Tank Waste. Any waste from holding tanks such
as vessels, chemical toilets , campers , trailers , septic
tanks and vacuum-pump vehicles .
Incom atible Pollutant . All pollutants other than com-
patible pollutants as defined elsewhere in this section.
-4-
Indirect Discharge. The discharge or the introduction
or—pollutants from any non-domestic source regulated
under section 307 (b) , (c) or (d) of the Act (33 U.S.C.
1317) into the POTW (including holding tank waste dis-
charged into the system) .
Industrial User. Shall mean a source of Indirect Dis-
charge which oes not constitute a "discharge of pollu-
tants" under regulations issued pursuant to section 402,
of the Act. (33 U. S. C. 1342) .
Interference. The inhibition or disruption of the POTW,
its treatment processes or operations, or its sludge
processes , use of disposal which is a cause of or sig-
nificantly contributes to either a violation of, any
requirement of the POTW' s NPDES permit (including an
increase in the magnitude or duration of a violation)
or to the prevention of sewage sludge use or disposal by
the POTW in accordance with the following statutory pro-
visions and regulations or permits issued thereunder (or
more stringent State or local regulations) : Section 405
of the Clean Water Act, the Solid Waste Disposal Act
(SWDA) (including title II more commonly referred to as
the Resource Conservation and Recovery Act (RCRA) and
including State regulations contained in any State sludge
management plan prepared pursuant to Subtitle D of the
SWDA) , the Clean Air Act , and the Toxic Substances Con-
trol Act . An Industrial User significantly contributes
to such a permit violation or prevention of sludge use
or disposal in accordance with the above-cited authori-
ties whenever such User :
(1) Discharges a daily pollutant loading in excess
of that allowed by contract with the POTW or 'Cy Federal ,
State or local law:
(2) Discharges wastewater which substantially dif-
fers in nature or constituents from the User' s average
Discharge; or
(3) Knows or has reason to know that its Discharge,
alone or in conjunction with Discharges from other sources,
would result in a POTW permit violation or prevent sewage
sludge use or disposal in accordance with the above-cited
authorities as they apply to the POTW' s selected method
of sludge management.
National Categorical Pretreatment Standard or Pretreatment
Standard. Any regulation containing pollutant discFarge
limits promulgated by the EPA in accordance with section
307 (b) and (c) of the Act, which applies to Industrial
Users . This term includes prohibitive discharge limits
established pursuant to 403 . 5 .
National Pollutant Discharge Elimination System or NPDES
® Permit. A permit issued pursuant to section 402 o tt e–
Act.
5
National Prohibitive Discharge Standard or Prohibitive
vp Disc arge Standard. Any regulation developed under t e
authority of 307 ) of the Act and 40 CFR., Section 403. 5 .
Natural Outlet. Any outlet into a watercourse, stream,
cree , river, pond, lake, or any other body of surface or
ground water.
New Source. Any building, structure, facility, or installa-
tion Tr m which there is or may be a Discharge, the con-
struction• of which commenced:
('1) After promulgation of Pretreatment Standards under
Section 307 (c) of the Act which are applicable to such
source; or
(2) After proposal of Pretreatment Standards in' accord-
ance with section 307 (c) of the Act which are applicable
to such source, but only if the Standards are promulgated
in accordance with section 307 (c) within 120 days of
their proposal .
Pass Through. Shall mean the Discharge of pollutants
through the POTW into navigable waters in quantities or
concentrations which are a cause of or significantly con-
tribute to a violation of any requirement of the POTW's
NPDES permit (including an increase in the magnitude or
duration of a violation) . An Industrial User significantly
contributes to such permit violation where it:
(1) Discharges a daily pollutant loading in excess of that
allowed by contract with the POTW or by Federal , State, or
local law;
(2) Discharges wastewater which substantially differs in
nature and constituents from the User 's average Discharge;
(3) Knows or has reason to know that its Discharge, alone
or in conjunction with Discharges from other sources , would
result in a permit violation; or
(4) Knows or has reason to know that the POTW is , for any
reason, violating its final effluent limitations in its
permit and that such Industrial User' s Discharge either
alone or in conjunction with Discharges from other sources,
increases the magnitude or duration of the POTW's violations .
Person. Any individual, partnership, co-partnership, firm,
company, corporation, assiciation, joint stock company,
trust, estate, governmental entity or any other legal entity,
or their legal representatives, agents or assigns . The
masculine gender shall include the feminine, the singular
shall include the plural where indicated by the context .
PH. The logarithm of the reciprocal of the weight of
hydrogen ions in grams per liter of solution.
-6-
® Pollutant , Any dredge spoil , solid waste, incinerator
residue, sewage, garbage, sewage sludge, munition chemical
wastes, biological material , radioactive material, heat,
wrecked or discharged equipment , rock, sand, cellar dirt
and industrial, municipal and agricultural waste discharge
into water .
Pollution. The man-made or man-induced alteration of
chemicaf,^physical , biological , and radiological integrity
of water.
.Pretreatment . Shall mean the reduction of the amount of
poIlutants , the elimination of pollutants, or the altera-
tion of the nature of pollutant properties in wastewater
prior to or in lieu of discharging or otherwise introducing
such pollutants into a POTW. The 'reduction or alteration
may be obtained by physical, chemical or biological processes ,
process changes or by other means , except as prohibited by
40 CFR, Section 403 ,6 (d) , Appropriate pretreatment techno-
logy includes control equipment, such as equalization tanks
or facilities, for protection against surges or slug load-
ings that might interfere with or otherwise be incompatible
with the POTW. However, where wastewater from a regulated
process is mixed in an equalization facility with unregu-
lated wastewater or with wastewater from another regulated
process , the effluent from the equalization facility must
meet an adjusted pretreatment limit calculated in accordance
with 40 CFR, Section 403 . 6 (e) .
Pretreatment Requirements , Any substantive or procedural.
requirement related to pretreatment, other than a National
Pretreatment Standard imposed on an industrial user,
Private Well. Any well owned by any person for his private
use.
Properly Shredded Garba e. Garbage which has been shredded
to such a degree that al particles will be carried freely
under the flow conditions normally prevailing in the POTW
with no particle greater than one-half inch in any` dimension,
Publicly Owned Treatment Works (POT14) , A treatment works
as defi _'Sy section 2I2 �of the Act , which is owned in this
instance by the City of Jefferson. This definition includes
any devices and systems used in the storage, treatment ,
recycling and reclamation of municipal sewage or industrial
wastes of a liquid nature. It also includes sewers , pipes
and other conveyances only if they convey wastewater to a
POTW Treatment Plant . For the purposes of this section,
"POTW" shall also include any sewers that convey wastewaters
to the POTW from persons outside the city limits of Jefferson
-7- ,
City who are by contract or agreement with the City of
Jefferson, users of a City of Jefferson POTW, even though
the sewers may not have been constructed or may not be
maintained by the City,
POTW Treatment Plant. That portion of the POTW which is
designed to provide treatment (including recycling and
reclamation) of municipal sewage and industrial waste.
Records. Such term includes books , documents, papers ,
apparatus, data, readings ; records of analysis, plans
.and graphs.
Residential Establishment . Any building; structure or
property designed, constructed or used for human resi-
dential occupancy on a housekeeping or light housekeeping
basis, except such building, structure or property used
or occupied for any purpose defined by this chapter as a
"governmental establishment. "
Sanitary Sewer . Shall mean a sewer designed and intended
to receive and convey only wastewater as defined herein, to-
gether with such ground water infiltration as cannot be
avoided.
Shall is mandatory: May is permissive.
Signiffcdnt UncTudtrial 'User. Any Industrial User of the
CityTS wastewater -disposal—system who (i) has a discharge
flow of 25, 000 gallons or more per average work day, or
(ii) has a flow greater than 5% of the flow in the City's
wastewater treatment system, or (iii) has in his wastes
toxic pollutants as defined pursuant to Section 307 of the
Actof Missouri 'Statutes and rules or (iv) is found by the City,
Mo Dept . of Natural Resourcesor the U. S . Environmental
Protection Agency (EPA) to have significant impact" either
singly or in combination with other contributing industries ,
on the wastewater treatment system, the quality of sludge,
the system' s effluent quality, or air emmisions generated by
the system.
Slug Discharge. Any discharge of water or wastewater which
in concentration of any given constituent or in quantity
of flow causes interference with the operation and perfor-
mance of the POTW.
State, State of Missouri.
Standard Industrial Classification (SIC A classification
pursuant to the Standard Industrial Classification Manual
issued by the Executive Office of the President , Office of
Management and Budget .
-8-
Storm Drain or Storm Sewer. A pipe or conduit which carries
storm water, surface water; drainage and cooling water, but
excludes wastewater.
Storm Water. Any flow occurring during or following any
form of natural precipitation and resulting therefrom.
Superintendent. The person designated by the City to super-
vise the operation of the publicly owned treatment works and
who is charged with certain duties and responsibilities by
this article, or his duly authorized representative.
Suspended Solids . The dry weights of the solids physically
suspended in a flow of water or wastewater, as determined by
the method of determining suspended matter described under
the heading "Suspended Matter" in the Standard Methods for
the Examination of Water and Wastewater as pub-
lished jointly by the American Public Health Association,
the American Water Works Association and the Water Pollution
Control Federation and expressed in parts per million by
weight .
Toxic Pollutants . Any pollutant or combination of pollutants
listed as toxic in regulations promulgated by the Administra-
tor of the Environmental Protection Agency under the provision
of CWA 307 (a) of the Act or other Acts .
Unpolluted Water . Water of quality equal to or better than
the effluent criteria in effect or water that would not
cause violation of receiving water quality standards and
would not be benefited by discharge to the POTW.
User. The owner or occupant of property or premises that
is connected directly or indirectly or has available to said
property or premises the facilities of the POTW of the City
of Jefferson.
Wastewater. The liquid and water-carried industrial or do-
mestic wastes from dwellings, commercial establishments ,
industrial facilities , and institutions together with any
groundwater, surface water and storm water_ that may be
present whether treated or untreated, which is contributed
into or permitted to enter the POTW.
Water Utility. The water utility operated by the Capital
City Water Company, a Public Water Supply District, or any
private water company operating within the city.
Waters of the State. All streams , lakes , ponds , marshes , water
courses, waterways , wells , springs, reservoirs , aquifers ,
irrigation systems , drainage systems and all other bodies or
accumulations of water surface or underground, natural or
artificial , public or private, which are contained within,
flow through, or border upon the State or any portion thereof.
9
ABBREVIATIONS
The following abbreviations shall have the designated meanings.
B.O.D. - Biochemical oxygen demand
C.F.R. - Code of Federal Regulations
C.O.D. - Chemical oxygen demand
E.P.A. = Enbironmental Protection Agency
I - Liter
mg - Milligrams
mg/l - Milligrams per liter
NPDES - National Pollutant Discharge Elimination System
POTW - Publicly Owned Treatment Works
S. I.C. - Standard Industrial Classification
SWDA - Solid Waste Disposal Act, 42 U. S .C , , 6901 , et . seq.
U.S .C. - United States Code
T.S .S. - Total Suspended Solids
10 -
Section 32-2 . 1 . General Provisions
a. Purpose
The purpose of this Chapter is to provide for the maximum
possible beneficial public use of the City' s wastewater
facilities through regulations of sewer construction,
sewer use, and wastewater discharges ; to provide for
equitable distribution of the costs of the City' s POTW;
and to provide procedures for complying with the require-
ments contained herein.
b. Scope
(1) The definitions of terms used in this Chapter are
found in Section 32-1 . The provisions of this Chapter
shall apply to the discharge of all wastewater into the
POTW. This Chapter provides for use of the City's
wastewater facilities, regulations of sewer construction,
control of the quanity and quality of wastewater dis-
charged, wastewater pretreatment , equitable distribution
of costs , assurance that existing capacity will not be
preempted, approval of sewer construction plans , issuance
of Wastewater Discharge Permits , minimum sewer connection
standards and conditions , and penalities and other pro-
cedures in cases of violation of this Chapter .
(2) This Chapter shall apply within the City of Jefferson,
Missouri, and to persons outside the City who are users
of the City' s POTW.
c. Administration
Fkcept as otherwise provided herein, the Director of
Public Works for the City of Jefferson shall administer,
implement, and enforce the provisions of the Chapter.
d. Notice of Violation
When the Director of Public Works finds any person in
violation of this chapter or any requirements of a permit
issued hereunder, he may post a notice upon the property
where the violation exists to abate or correct the vio-
lation, stating in such notice the time in which the same
is to be done and shall also direct a copy of such notice,
by certified mail, to the last address of the violator
known to the Director of Public Works .
e. Violations
(1) If the Director of Public Works finds that an
® emergency exists, he may immediately cause the violations
to be abated or corrected.
- 1"1 -
(2) When the Director of Public Works shall have
caused any violation to be abated or corrected pur-
suant to this article, he shall certify the costs
thereof to the Director of Finance, and the owner of the
property on which such violation was abated or corrected
shall be civilly liable to the City for the costs of
such abatement or correction.
(3) Any person who continues to violate any discharge
provisions of this chapter beyond the time limit pro-
vided in paragraph d above, may be punished in accor-
dance with Section 1-8 of the City Code or may be sub-
ject to such punishment and disconnection from the City
POTW.
f. Fees and Charges .
(1) All fees and charges payable under provision of
this Chapter shall be paid to the City. Such fees and
charges shall be as set forth herein.
(2) All fees and charges under the provisions of this
chapter are due and payable upon receipt of notice of
charges . Unpaid charges shall be delinquent and shall
Am be subject to penalty and interest charges .
g. Inspections
The Director of Public Works shall be permitted to enter
properties at any reasonable time for the purposes of in-
spection, observation, measurement, and sampling of the
wastewater discharge to ensure that the discharge to the
City' s POTW is in accordance with the provisions of the
Chapter .
h. Vandalism
No person shall maliciously, willfully, or negligently
break, damage, destroy, uncover, deface or tamper with
any structure, appurtenance or equipment which is part
of the City' s POTW.
i. Confidential Information
Information and data on a User obtained from reports ,
questionnaires , permit applications , permits and monitor-
ing programs, and from inspections shall be available to
the public or other governmental agency without restric-
tion unless the User specifically requests'; and is able
to demonstrate to the satisfaction of the Director of
Public Works, that the release of such information would
® divulge information, processes or methods of production
entitled to protection as trade secrets of the Users ,
-12-
Upon approval of the Director of Public Works, the
portions of a report which might disclose trade
secrets, secret processes , or methods of production
shall not be made available for inspection by the
public but shall be made available upon written request
to governmental agencies for uses related to this
Chapter, the NPDES Permit, State Disposal System Permit
and/or the Pretreatment Program; provided, however, that
such portions of a report shall be available for use by
the State or any Federal agency in judicial or enforce-
ment proceedings involving the person furnishing the
report . Wastewater constituents and characteristics
will not be recognized as confidential information.
Information accepted by the Director of Public tiorks as
confidential , shall not be transmitted to any governmen-
tal agency or to the general public by the Director of
Public Works until and unless a ten-day notification is
given to the User.
j . Falsifying Information
No person shall knowingly make any false statements'.
representation or certification in any application,
record, report, plan or other document filed or required
to be maintained pursuant to this Chapter, nor falsify,
tamper with, or knowingly render inaccurate any monitor-
ing device or method required under this Chapter.
k. Noncompliance Reporting
The Director of Public Works shall annually publish in
the largest local daily newspaper a list of the Users
which, during the previous 12 months , significantly
violated applicable Pretreatment Standards , or other
pretreatment requirements . For the purposes of this
section, a significant violation would be those viola-
tions which remain uncorrected 45 days after notification
of noncompliance; which are part of a pattern orf` noncom-
pliance over a twelve month period; or which involves a
failure to accurately report noncompliance; or which re-
sulted in the POTW exercising its emergency authority.
ARTICLE IV. DISCHARGE OF WASTEWATER TO SYSTEM
Section 32-45 . Use of City's Wastewater Facilities
Section 32-45. 1 . Waste Disposal
It shall be unlawful for any person to place, deposit,
cause, or permit to be deposited in any unsanitary
manner upon public or private property within the City
or in any area under the jurisdiction of the City, any
human or animal excrement , garbage, or other objection-
able waste.
-13-
Section 32-45 . 2 . Wastewater Discharge
(a) Storm water and all other unpolluted waters shall
be discharged to storm sewers or Waters of the State.
(b) It shall be unlawful to discharge into Waters of
the State within the City or in any area under the
jurisdiction of the City any wastewater, industrial
wastes or other polluted waters except where suitable
treatment has been provided and approved by the Director
of Public Works and the State of P",issouri.
Section 32-45. 3. Private Waste Treatment Facilities
(a) It shall be unlawful to construct or maintain any
privy, privy vault, cess pool or other facility, except
septic tanks as provided by this Chapter., intended or
used for disposal of wastewater , provided that approved
type privies may be temporarily erected and maintained
on construction sites with the approval of the Director
of Planning and Code Enforcement.
(b) In lieu of introducing untreated or partially treated
wastewater into the POTW of the City, the owner of the
premises producing such waste may construct and operate at
his expense, private waste treatment facilities with the
effluent discharged to the Waters of the State.
1. The design and operation of such facilities shall
continuously produce an effluent which is in compliance
with standards that may be imposed by the Director of
Public Works and/or the State of Missouri.
2. Construction drawings, specifications , and other
pertinent information relating to such proposed treatment
facilities shall be prepared by the owner, at his expense,
and shall be submitted to the Director of Public Works and
the State of Missouri. Construction shall be in accord-
ance with such approved plans and shall not commence until
such approvals are obtained in writing and appropriate
permits are obtained and charges or fees are paid.
3 . Such facilities shall be operated and maintained
in a satisfactory and effective manner by the owner at
his expense. Such facilities shall be subject to inspec-
tion by the Director of Public Works at reasonable times .
Section 32-45 .4. Connection to POTW Required
The owner of all houses , buildings , or properties which
are used for human occupancy, employment, recreation, or
other purposes and abutting on any street, alley , or
® right-of-way in which there now is located or may in the
-14-
future be located a sanitary sewer of the City, is
hereby required at his expense to install suitable
toilet facilities therein, and to connect such faci-
lities directly with the proper sanitary sewer in
accordance with the provisions of this Chapter within
ninety days after the date of official notice to do
so; provided that such sanitary sewer is within one
hundred and fifty feet of the property line.
Section 32-45 . 5 . Limitation on Point of Discharge
No person shall discharge any substance directly into
a manhole or other opening of the POTW, other than
through an approved building sewer, unless he shall
have been given written permission to do so by .the
Director of Public Works .
Section 32-45 . 6. Septic Tank Pumpings ; Conditions for
Discharge to POTW
The discharge of septic tank pumpings to the POTW,
whether directly or indirectly, shall riot occur until
written permission for such a discharge has been granted
by the Director of Public Works . The Director shall
designate the location and times where such discharges
shall be made and may refuse to accept such waste in his
absolute discretion where it appears that the waste
could cause damage to or interfere with the effective
operation of the POTW or appurtenance thereto .
A person wishing to discharge the above mentioned wastes
shall pay any applicable charges or fees therefor, and
shall comply with all conditions set forth by the Direc-
tor of Public Works concerning such discharges .
Section 32-45. 7 . Other Holding Tank Wastes
No person shall discharge any other holding tank waste
into the POTW unless he has received written permission
from the Director of Public Works . In granting permis-
sion to discharge such waste to the POTW, the Director
of Public Works shall state the specific location of the
discharge, the time of day the discharge is to occur,
the volume of the discharge and shall limit the waste-
water constituents and characteristics of the discharge.
Such user shall pay any applicable charges or fees there-
for, and shall comply with all conditions set forth by
the Director of Public Works concerning such discharges .
However, no such written permission will be required to
discharge domestic waste from a recreational vehicle
holding tank provided such discharge is made into an
approved facility designed to receive such waste .
15 - 7
Section 32-45 .8 . Sale of Process Residues from POTW
The Director of Public Works shall dispose of all
treated sludges and other by-products of the POTW of
the City. He may sell such sludges and other by-pro-
ducts to such persons as may desire to purchase the same ,
and shall determine a schedule of charges and provide
for the collection of such charges . He shall account
monthly to the Director of Finance for such sales .
Section 32-45. 9 . Grease, Oil and Sand Interceptors
Grease, oil and sand interceptors shall be provided at
the User' s expense when, in the opinion of the Director
of Public Works , they are necessary for the proper
handling of liquid wastes containing grease in excessive
amounts or any flammable wastes , sand, and other harm-
ful ingredients except, that such interceptors shall not
be required for private living quarters or dwelling
units . All interceptors shall be of a type and capacity
approved by the Director of Public Works and shall be so
located as to be readily accessible for cleaning and
inspection. Grease and oil interceptors shall be con-
structed of impervious materials capable of withstanding
abrupt and extreme changes in temperature. They shall
be of substantial construction, watertight and equipped
with easily removable covers which when butted in place
shall be gastight and watertight .
Where installed, all grease, oil and sand interceptors
shall be maintained by the user, at his expense, in
continuously efficient operations ,
Section 32-46. Conditions of Use of the POTW
Section 32-46.1 . Special Uses of POTW
No person shall discharge stormwater, surface water,
groundwater, roof runoff, subsurface drainage, cooling
water to the POTW. Any connection, drain, or arrange-
ment which will permit any such waters to enter the
POTW shall be deemed to be a violation of this Article .
Section 32-46 . 2 . Restricted Discharges
These general restrictions apply to all such users of
the POTW whether or not the user is subject to National
Categorical Pretreatment Standards or any other National,
State or Local Pretreatment Standards or Requirements .
(A) No person shall contribute or cause to be contributed,
directly or indirectly any pollutant or wastewater
which acting alone or in conjunction with other
substances present in the POTW interfere with the
operation or performance of the POTW. A person
-16-
shall not contribute substances to the POTW which
may:
(1) Create a fire or explosion hazard including,
but not limited to gasoline, benzene , naptha,
fuel oil, or other flammable or explosive
liquids , solids or gases .
(2) Cause corrosive damage or hazard to structures,
equipment or personnel of the POTW. In no case
shall the discharges have a pH lower than 5.5
or higher than 10. 5.
(3) Cause obstruction to the flow in the POTW or
other interference with the operation of the
wastewater facilities due to accumulation of
solid or viscous material such as but not
limited to : grease, garbage with particles
greater than one-half inch (k") in any dimension,
animal tissues, paunch manure, bones , hair ,
hides or fleshings , entrails , blood, feathers ,
ashes , cinders, sand, spent lime, stone or
marble dust, metal , glass, straw, shavings ,
rags, plastics, tar, asphalt residues , residues
from refining or processing of fuel or lubri-
cating oil, mud or glass grinding or polishings
wastes .
(4) Constitute a rate of discharge sufficient to
cause interference with the operation and per-
formance of the POTW.
(5) Contain heat in amounts which will accelerate
the biodegradation of wastes, causing the for-
mation of excessive amounts of hydrogen sulfide
in the sanitary sewer or inhibit biological
activity in the POTW Treatment Plant . In no
case shall the temperature of the discharge
waste exceed 150OF or the temperature of the
influent to the POTW Treatment Plant bo` exceed
104oF.
(6) Contain any garbage that has not been properly
shredded.
(7) Contain more than one hundred parts per million
of fat, oil , or grease.
(8) Contain any noxious or malodorous liquids, gases
or solids which either singly or by interaction
with other wastes are sufficient to create a
® public nuisance or hazard to life or to cause
entry into the sewers for maintenance and repair
to be hazardous .
-17-
AOIL (9) Contain radioactive waste or isotopes of such
half life or concentration as may exceed limits
defined by applicable State and Federal regula-
tions .
(10) Contain any odor, or color producing substances
exceeding concentration limits which may be
established by the Director of Public Works for
the purpose of meeting the City' s NPDES permit .
(11) Contain any substances which may cause the POTW' s
effluent or any product of the POTW such as
residues, sludges or scums to be unsuitable for
reclamation and reuse or to interfere with the
reclamation process where the POTH is pursuing
a reuse and reclamation program.
(12) Contain toxic pollutants in sufficient quantity
to injure or interefere with the wastewater
treatment process , constitute a hazard to humans
or animals or create a toxic effect in the
receiving waters of the POTW, or exceed the
limitation set forth in an applicable Categori-
cal Pretreatment Standard.
(13) Contain suspended solids of such quantity that
unusual attention or expense is required to
handle such materials at the POTW Treatment Plant.
(B) If, in establishing discharge restrictions, discharge
limits, or pretreatment standards pursuant to this Article,
the Director of Public Works establishes limits to be met
by a user, the Director of Public Works in lieu of con-
centration limits , shall establish mass limits of compara-
ble stringency for an individual user at the request of
such user.
Section 32-46. 3 . Specific Pollutant Limitations
No person shall discharge or cause to be discharged waste-
water to the POTW containing concentrations in excess of
the limitations as set forth for the following substances :
Maximum Concentration
mg/L
Arsenic (As) 2 . 0
Cadmium (Cd) 2 . 0
Boron 1 . 0
Chromium Total (Cr) 10 .0
Chromium Hexavalent (Cr+) 5 . 0
Copper (Cu) 5 . 0
Cyanide (CN) Total 2 . 0
Iron (Fe) 15 . 0
-18-
Lead (Pb) 1.0
Nickel (Ni) 5 . 0
Zinc (Zn) 5 . 0
Phenols 0. 5
Section 32-46.4. Federal Categorical Pretreatment
Standards
(A) No person shall discharge or cause to be discharged
to the City' s facilities , wastewater containing sub-
stances subject to an applicable Federal Categorical
Pretreatment Standard promulgated by EPA in excess of the
quantity prescribed unless otherwise provided in this
section.
(B) Upon application by a User the Director of Public
Works may revise any limitations on substances specified
in the applicable pretreatment standards to reflect re-
moval of the substances by the wastewater treatment
facility. The revised discharge limit for specified
substances shall be derived in accordance with Federal
Law.
(C) Upon application by a User, the Director of Public
Works may adjust any limitations on substances specified
in the applicable pretreatment standards to consider
factors relating to such persons which are fundamentally
different from the factors considered by EPA during the
development of the pretreatment standard. Request for
and determinations of a fundamentally different adjust-
ment shall be in accordance with Federal Law.
(D) The Director of Public Works shall notify any user
affected by the provisions of this Section and shall
establish an enforceable compliance schedule for each.
Section 32-46. 5 . Special Agreements
Nothing in this article shall be construed as preventing
any special agreement or arrangement between the` City
and any user of the POTW whereby wastewater of unusual
strength or character is accepted into the system and
specially treated subject to any payments or user charges
as may be applicable.
Section 32-46 . 6 . Water and Energy Conservation
The conservation of water and energy shall be encouraged
by the Director of Public Works . In establishing dis-
charge restrictions upon users he shall take into account
already implemented or planned conservation steps revealed
® by the user. Upon request of the Director of Public Works ,
each user will provide the Director of Public Works with
pretreatment information showing that the quantities of
-19-
substances or pollutants have not been and will not be
increased as a result of the conservation steps . Upon
such a showing to the satisfaction of the Director of
Public Works he shall make adjustments to discharge
restrictions, which have been based on concentration
limits, to reflect the conservation steps .
Section 32-46 . 7. Excessive Discharge
No user shall increase the use of process water or in
any way attempt to dilute a discharge as a partial or
complete substitute for adequate treatment to achieve
compliance with the limitations contained in applicable
Federal Categorical Pretreatment Standards, or in any
other pollutant specific limitation developed by the
City and State except as approved by the Director of
Public Works .
Section 32-46 . 8. Accidental Discharge
(A) Each user shall provide protection from accidental
discharge of restricted materials or other substances
regulated by this Article. Facilities to prevent acci-
dental discharge of restricted materials shall be pro-
vided and maintained at the owner or user 's own cost and
expense. Detailed plans showing facilities and operat-
ing procedures to provide this protection shall be sub-
mitted to the Director of Public Works for review and
shall be approved by the Director of Public Works before
the construction of the facility, All existing users
shall complete such a plan as required by pezmit . No user
who commences contribution to the POTW after the effective
date of this chapter shall be permitted to introduce
pollutants into the POTW until accidental discharge pro-
cedures have been approved by the Director of Public
Works . Review and approval of such plans and operating
procedures shall not relieve the user from the responsi-
bility to modify the user ' s facility as necessary to
meet the requirements of this Article. In the case of
an accidental discharge, it is the responsibil3Lty of the
user to immediately notify the POTW of the incident .
The notification shall include location of discharge,
type of waste concentration and volume, and corrective
action,
(B) Within five (5) days following an accidental dis-
charge the user shall submit to the Director of Public
Works a detailed written report describing the cause of
the discharge and the measure to be taken by the user to
prevent similar future occurrences . Such notification
shall not relieve the user of any expense, loss ; damage,
or other liability which may be incurred as a result of
damage to the POTW, fish kills , or any other damage to
person or property, nor shall such notification relieve
20 - 7i
the user of any fines , civil penalties , or other
liability which may be imposed by this chapter or
other applicable law.
(C) A notice shall be permanently posted on the
user' s premises advising employees whom to call in
the event of a dangerous discharge, The employee
shall insure that all employees who may cause, or
allow such a dangerous discharge to occur, are ad-
vised of the emergency notification procedure.
Section 32-47 . Industrial Users
Section 32-47 , 1 . Information Requirements
(a) When required by the Director of Public Works ,
Industrial Users shall have on file with the City,
wastewater information deemed necessary for determi-
nation of compliance with this Article, the City's
FPDFS permit conditions , and State and Federal Law.
Such information shall be provided by completion of
a questionnaire designed and supplied by the Director
of Public Works and by supplements thereto as may be
necessary.
Information requested in the questionnaire and desig-
nated by the User as confidential is subject to the
conditions of confidentiality as set out in Section
32-2. 1. (i) of this Article.
(b) Industrial Users shall keep and maintain records
of the information as referred to in Section 32-47 . 1(a)
of this Article and such records shall be available
for inspection during regular business hours by the
Director of Public Works , and he shall be permitted to
make and retain copies of such records .
(c) Where a person owns , operates or occupies properties
designated as an Industrial User at more than one loca-
tion, separate information submittals shall be made for
each location as may be required by the Director of
Public Works ,
(d) The Director of Public Works shall implement mea-
sures to insure the confidentiality of information pro-
vided by a User pursuant to this Article.
Section 32-47 . 2 Provisions for Monitoring
(a) When required by the Director. of Public Works ,
Users of the City's POTW shall provide suitable access
and such necessary meters and other appurtenances in
® the building sewer to facilitate observation, sampling,
and measurement of the wastewater discharge. Such
access and/or appurtenances shall be in a safely acces-
sible location and shall be provided in accordance with
- 21 -
plans approved by the Director of Public Works. The
access and all appurtenances shall be provided and
maintained at the owner 's expense so as to be safe
and accessible at all times .
(b) The Director of Public Works shall consider such
factors as the volume and strength of the discharge,
quantities of toxic materials in the discharge, rate
of discharge, POTW removal capabilities , and cost
effectiveness in determining whether or not access and
equipment for monitoring wastewater discharge shall be
required.
(c) Where the Director of Public Works determines access
and equipment for monitoring or measuring wastewater
discharge to the POTW are not practicable, reliable or
cost effective, the Director of Public Works may specify
alternative methods of determining the characteristics
of the wastewater discharge which will in the Director
of Public Works judgement; provide an equitable measure-
ment of such characteristics .
Section 32-47. 3. Determination of Wastewater Charac-
teristics
(a) Measurements , tests, and analyses of the characteris-
tics of wastewater to which reference is made in this
Chapter shall be determined in accordance with procedures
contained in 40 CFR, Part 136 and amendments thereto or
with any other test procedures approved by the Director
of Public Works , Sampling methods ; locations , times ,
durations ' and frequencies are to be determined on an
individual basis subject to approval by the Director of
Public t-forks . The User shall have the option to use, at
his own expense, additional sampling methods , locations ,
times, durations, and frequencies than specified by the
Director of Public Works .
(b) Measurements ; tests, and analysis of the characteris-
tics of wastewater required by this Article shall be per-
formed by a laboratory approved by the Director of Public
Works . I-Then such analyses are required of a User the
User may, with the approval of the Director of Public
Works, make arrangements with a qualified laboratory, in-
cluding that of the User, to perform such analyses .
(c) Monitoring of wastewater characteristics necessary
for determination of compliance with this Chapter shall
be conducted at least semi-annually unless more frequent
monitoring is required by the Director of Public Works ,
when in his judgment , characteristics of the specific
discharge warrant a different monitoring frequency.
22 -
(d) Fees for any given measurement test, or analysis
of wastewater required by this Chapter and performed
by the City, shall be the same for all users and shall
reflect only direct costs . Cost of analysis performed
by an independent laboratory at the option of the dis-
charger shall be borne directly by the user.
Section 32-48 Wastewater Contribution Permits
Section 32-48 . 1 , General Permits
When required by the Director of Public Works , users
proposing to connect or contribute to the PCTW of the
City shall obtain a Wastewater Contribution Permit be-
fore connecting or contributing to the POTW. All
existing users, so designated by the Director of Public
Works shall obtain a Wastewater Contribution Permit in
accordance with this ordinance.
Section 32-48 . 2. Permit Application
Users required to obtain a Wastewater Contribution Permit
shall complete and file with the City, an application in
the form prescribed by the City and accompanied by the re-
quired fee. Existing users , so designated by the Director
of Public Works , shall apply for a Wastewater Contribution
AML Permit within 180 days after the effective date of this
IV Ordinance.
In support of and with the application, the user shall
submit in units and terms appropriate for evaluation,
the following;
(a) T-Tame, address, and location (if different from the
address) of the users ;
(b) SIC number according to the Standard Industrial
Classification Manual, Bureau of the Budget ;
(c) wastewater constituents and characteristics includ-
ing, but not limited to those mentioned in Section 32 .46 ,3
of this Ordinance as determined by a reliable analytical
laboratory; sampling and analysis shall be performed in
accordance with procedures established by the EPA pur-
suant to Section 304(g) of the Act and contained in 40 CFR,
Part 136 ; as amended;
(d) Time and duration of contribution;
(e) Average daily and 3 minute peak wastewater flow
rates, including daily, monthly and seasonal variations
. if any;
23 -
(f) Site plans , floor plans , mechanical and plumbing
plans and details to show all sewers, sewer connections ,
and appurtenances by the size, location, and elevation;
(g) Description of activities , facilities and plant
processes on the premises including all materials which
are or could be discharged to the POTW;
(h) Where known, the nature and concentration of any
pollutants in the discharge which are limited by any
City, State, or Federal Pretreatment Standards , and a
statement regarding whether or not the pretreatment
standards are being met on a consistent basis , and if
not, whether additional operation and maintenance (O&Y)
and/or additional pretreatment is required for the user
to meet Pretreatment Standards :
(i) Each product produced by type, amount , processes
and rate of production including daily, monthly and
seasonal variations if any;
(j) Type and amount of raw materials processed (average
and maximum per day) ;
(k) Number and type of employees and hours of operation
of plant and proposed or actual hours of operation of
AM pretreatment system;
(1) Such additional information as is deemed applicable
to evaluate the permit application and the Director of
Public Works may allow additional time in which to sub-
mit the additional information.
Section 32-48 . 3. Compliance Schedules
If additional pretreatment and/or operation and mainten-
ance techniques will be required to meet discharge
limitations as prescribed by the Director of Public Works ,
State or Federal laws, the user shall -implement the
shortest schedule which will provide the additional pre-
treatment. The Director of Public Works sha11 'establish
the completion date, which shall be no longer than 3
years from the date of application to discharge such wastes
to the POTW.
Section 32-48 , 4. Conditions for Compliance Schedules
The following conditions shall apply to compliance
scliedules .
(1) The schedule shall contain increments of progress in
the form of dates for the commencement and completion of
AMIL major events leading to the construction and operation of
such additional treatment as required for the user to
meet applicable limitations (e .g. , hiring an engineer,
24
completing preliminary plans , completing final plans,'
executing contract for major components , commencing
construction, completing construction, placing facility
into operation, etc . ) . P'o increment in the schedule
shall exceed 9 months .
(2) Not later than 14 days following each date in the
schedule and the .final date for compliance, the user
shall submit a progress report to the Director of Public
Works including, as a minimum, whether or not it complied
with this increment of progress , the reason for any delay,
and the steps being taken by the user to return to the
established schedule. In no event shall more than 9
months elapse between such progress reports to the Director
of Public Works .
Section 32-48 . 5 . Permit Modifications
Within 9 months after the promulgation of a Categorical
Pretreatment Standard, the Wastewater Discharge Permit
of users affected by the standard, shall be revised to
require compliance with the standard. When a user is
required to apply for a Wastewater contribution Permit
for the first time because of a new Categorical Pretreat-
ment Standard, the user shall apply for the permit within
180 days after the promulgation of the new standard.
AM
Section 32-48 . 6 . Permit Duration
Wastewater Contribution Permits shall be issued for a
period of three (3) years . A permit may be issued for
• period less than a year or may be stated to expire on
• specific date , The user shall apply for reissuance
of the permit not more than ninety (90) days and not less
than thirty (30) days prior to expiration of the current
permit . The terms and conditions of the permit may be
modified by the Director of Public Works during the term
of the permit. The user shall be informed of any pro-
posed changes in the permit at least thirty (30) days
prior to the effective date of change.
Section 32-48 . 7 . Permit Transfer
Wastewater Contribution Permits are issued to a specific
user for a specific operation, A Wastewater Contribu-
tion Permit shall not be reassigned or transferred or
sold to a new owner, new user, different premises , or a
new or changed operation without the approval of the
Director of Public Works .
Section 32-48. 8 . Reporting Requirements-Compliance Date
Report .
Within 90 days following the date for final compliance
25 -
with applicable Pretreatment Standards or, in the case
of a New Source following commencement of the introduc-
tion of wastewater into the POTW, any user subject to
Pretreatment Standards and requirements shall submit to
the Director of Public Works a report indicating the
nature and concentration of all pollutants in the dis-
charge from the regulated process which are limited by
Pretreatment Standards and requirements and the average
and maximum daily flow for these process units in the
user facility which are limited by such Pretreatment
Standards or requirements . The report shall state
whether the applicable Pretreatment Standards and re-
quirements are being met on a consistent basis and; if
not, what additional 0 & M and/or pretreatment is
necessary to bring the user into compliance with the
applicable Pretreatment Standards or requirements . This
statement shall be signed by an authorized representative
of the user .
Section 32-48 . 9. Reporting Requirements-Periodic
Compliance Reports
(a) Any user subject to a Pretreatment Standard after
the compliance date of such Pretreatment Standard, or,
in the case of a New Source, after commencement of the
Discharge into the POTW, shall submit to the Director of
Public Works during the months of June and December
unless required more frequently in the Pretreatment
Standard or by the Director of Public Works , a report
indicating the nature and concentration of pollutants in
the effluent which are limited by such Pretreatment
Standards . In addition, this report shall include a
record of all daily flows which during the reporting
period exceeded the average daily flow reported in the
permit application. At the discretion of the Director of
Public Works and in consideration of such factors as
high or low flow rates, holidays , budget cycles , etc . , the
Director of Public Works may agree to alter the months
during which the above reports are to be submitted,
(b) The Director of Public Works may establish' mass
limitations. In such cases the report required by
Section 32-48 .9 (a) shall indicate the mass of pollutants
regulated by Pretreatment Standards in the effluent of*
the user, The report shall contain the results of
sampling and analysis of the discharge including the flow,
nature and concentration, or production and mass where
requested by the Director of Public Works , of pollutants
contained therein which are limited by the applicable
Pretreatment Standards , Sampling shall be performed in
accordance with the techniques approved by the approval
authority.
I ,
26 .
i
Section 3. If any section subsection, sentence, clause,
or phrase of is ordinance is for any reason held to be invalid,
such decision shall not affect the validity of the remaining
portions of this ordinance.
Section 4. This ordinance shall be in full force and
effect from a after its passage and approval . Q?
Passed '" 0 3 Approved
,�— 9 •%
Pr s : ng 0 cer Mayor
ATTEST:
Cigy C er