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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