HomeMy Public PortalAboutORD-CC-1998-12CITY OF MOAB ORDINANCE NO. 1998- 98-12
AN ORDINANCE ENACTING TERMS AND CONDITIONS FOR
THE DISCHARGE OF HAULED WASTEWATER OR SEPTAGE
INTO MUNICIPAL SEWAGE TREATMENT WORKS.
WHEREAS, the City of Moab maintains a sewage treatment works
subject to state and federal pollution discharge regulations; and
WHEREAS, septage haulers and others may request to discharge
domestic sewage wastes into the sewage treatment facility; and
WHEREAS, persons not connected to City sewer systems have no
legal entitlement to use City wastewater treatment facilities and
are allowed to do so only as a matter of accommodation; and
WHEREAS, the discharge of hazardous or toxic materials by
septage haulers may damage the treatment works and result in the
City of Moab violating its pollution discharge permits, thereby
resulting in financial or other liability for the City;
THEREFORE, the City of Moab Municipal Code is amended by the
addition of the following chapter to Title 13:
Chapter 13.26
Wastewater and Septage Hauling and
Discharge Into Municipal Treatment Works
13.26.010 Discharge Prohibited Except by Agreement, Application
Denial.
A. No person shall discharge any wastewater, sewerage,
septage, or other material into City sewage treatment works without
first entering into a wastewater hauling agreement with the City,
obtaining a discharge permit from the treatment plant operator, and
paying all applicable fees.
B. The Public Works Director shall have discretion to deny
a contract/permit application if:
1. The discharge would exceed the capacity of the
treatment facilities;
2. The discharge is reasonably believed to include
materials prohibited to be discharged into the municipal treatment
works pursuant to this Chapter or applicable state or federal
discharge permits for the facility; or
3. The applicant has previously been found to have
discharged materials in violation of this Chapter, any City permit;
or the provisions of state or federal law.
C. The City Manager is authorized to enter into wastewater
hauling agreements consistent with the provisions of this Chapter
without further City Council action
13.26.020 Fees and Charges.
A. Fees for discharge shall be based upon the volume of
material deposited into the system, as established from time to
time by resolution of the City.
13.26.030 Prohibited Discharge, Duty of Inquiry.
A. No person shall discharge or cause to be released into
City treatment works any pollutant, hazardous material, or toxic
substance, regulated or identified under the Federal Water
Pollution Control Act (FWPCA), the Utah Water Quality Act (UWCA),
the Resource Conservation and Recovery Act (RCRA), the Federal
Insecticide Fungicide and Rodenticide Act (FIFRA), the Toxic
Substances Control Act (TSCA) or regulations promulgated under the
authority of any of the foregoing statutes. This section shall
also prohibit discharge of any oil, gasoline, petroleum
derivatives, radio isotopes, and radioactive wastes into City
treatment works.
B. Every applicant and permittee shall have an affirmative
duty to inquire and, if necessary, inspect any materials to be
discharged into City treatment works to assure compliance with this
Chapter. Each applicant shall truthfully disclose the type of
material to be discharged in the permit application and shall be
charged with knowledge of the type of material to be treated.
13.26.040 Inspection, Rejection of Loads.
A. The City shall be entitled to inspect any material, or
may require of the permittee satisfactory proof of composition, by
laboratory tests or otherwise, prior to accepting material for
treatment in City treatment works.
B. The Public Works Director is authorized to reject for
treatment any shipment by a permittee reasonably believed to be in
violation of this Chapter.
13.26.050 Termination of Agreement or Permit.
A. Any agreement entered into between the City and a waste
hauler pursuant to this Chapter shall be for an indefinite term and
may be revoked, at will, upon delivery of written notice to the
permittee. Grounds for revocation include, but shall not be
limited to:
1. Violation of any permit or contract condition or the
provisions of this Chapter;
2. Non-payment of sums due pursuant to this Chapter or
applicable resolution;
3. Inadequate capacity of the treatment works; or
4. Other good cause, including modification of permit
conditions or state or federal operating regulations; similar
changes in City policy; or violations of state or federal law by
the permittee.
13.26.060 Civil and Criminal Enforcement.
A. Any person who violates this Chapter or any permit or
order promulgated under it shall be subject to civil penalties not
to exceed one thousand dollars per violation, together with
reasonable attorney's fees and court costs.
B. At the option of the City, a person who knowingly or with
gross negligence violates the provisions of this Chapter may be
subject to criminal prosecution. Upon conviction any such person
shall be subject to fines not to exceed five thousand dollars per
violation and such other criminal penalties as are provided under
Utah law for conviction of a Class B Misdemeanor.
This ordinance shall take effect immediately upon passage.
Passed and adopted by action of the Governing body of the City
of Moab in open session this as `'' day of Avh + l , 1998.
CITY OF MOAB
r Karla Hancock
Rachel Ellison
City Recorder
City of Moab
Wastewater/Septage Discharge Permit
Permit Applicant:
Name:
Permit No.
Address:
Telephone: (
Vehicle Make and Model
Vehicle Hauling Capacity (in gallons)
Vehicle License Number
Source of Wastewater/Septage:
Property Owner:
Address:
Source: Residential
If Business, Describe:
Business Other
Description of Material:
Description of any additives (enzymes, solvents, etc.),
added to the material:
Date/Time Material was Pumped at Source:
Estimated Material Volume (Gallons):
Permit applicant hereby certifies that all of the above
information is true and correct. The Permittee acknowledges that
all discharges under this permit shall be completed in conformity
with the applicable wastewater and septage hauler agreement, City
Code requirements and applicable state and federal laws. The
applicant acknowledges that he/she has read and understands the
hauler agreement and agrees to abide by all such requirements.
Signature Date
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Wastewater and Septage Hauling Agreement
For and in consideration of the mutual promises and
performances contained in this agreement, the sufficiency of which
all parties acknowledge, the City of Moab (herein: "City") and
(herein: "Hauler") agree as follows:
1. The City agrees to accept domestic wastewater and septage
transported by Hauler for treatment at City sewage treatment works.
This agreement shall operate for an indefinite term, terminable at
the will of either party.
2. Hauler agrees to pay the City the wastewater discharge
fee, as established from time to time by resolution of the City,
for all materials discharged into City treatment works pursuant to
this agreement.
3. Wastewater and septage may be discharged pursuant to this
agreement only at the City of Moab wastewater treatment plant, 1070
West 4th North Moab, Utah. Discharges under this permit are
allowed between the hours of 9:00 a.m. and 11:00 a.m. and 1:30
p.m. to 3:30 p.m. seven days a week.
4. Prior to discharge the Hauler shall allow any City
employee to inspect the material to determine compliance with the
provisions of this agreement and applicable laws.
5. The Hauler is charged with knowledge of the type of
material to be discharged into the City treatment works under this
agreement. Hauler hereby agrees that to inspect and truthfully
disclose the type material to be hauled prior to discharge at City
facilities. This agreement is for the discharge of domestic
wastewater and septage only, and expressly excludes any pollutants
or hazardous materials as more particularly described below.
6. A11 fees are due no later than 30 days of the invoice
date and shall be payable to the Treasurer, City of Moab. Unpaid
accounts shall accrue interest at the rate of 18% per annum until
paid in full. In the event of any legal action for violation of
this agreement or for unpaid accounts the City shall be entitled to
recover reasonable attorney's fees and court costs in addition to
all actual damages.
a. The parties stipulate to jurisdiction and venue in
the District Court, Grand County, Utah in the event of any dispute
concerning the terms of this agreement.
b. Hauler acknowledges that violation of the terms of
this agreement or applicable City, state, or federal statutes may
result in additional civil or criminal penalties.
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7. The Hauler may discharge wastewater and septage which
contains domestic wastes only generated from sources within Grand
county, State of Utah. No person shall discharge or cause to be
discharged, directly or indirectly, any pollutant or wastewater
which will interfere with the operation or performance of the
City's Treatment Plant. These general prohibitions apply to all
Haulers, whether or not the Hauler or its customer is subject to
National Categorical Pretreatment Standards or any other National,
State or Local Pretreatment Standards or Requirements. The Hauler
shall not discharge any pollutants, including, without being
limited to, the following substances:
a. Any liquid, solids or gases which, by reason of
their nature or quantity are, or may be, sufficient either along or
by interaction with other substances to cause fire or explosion or
toxins which would be injurious in any way to the City's personnel,
City's Treatment Plant or the operation of said plant. Prohibited
materials include, but are not limited to gasoline, kerosene,
naphtha, benzene, toluene, xylene, ethers, alcohols, ketones,
aldehydes, peroxides, chlorates, perchlorates, bromates, carbides,
hydrides and sulfides and any other substance which the city, the
State of Utah or the Environmental Protection Agency has identified
as a fire hazard or a hazard to the treatment system.
b. Solid or viscous substances which may cause
obstruction to the flow in a sewer or other interference with the
operation of the Treatment Plant facilities such as, but not
limited to: grease, garbage with particles greater than one -inch
(1") in any dimension, animal guts or tissues, paunch manure,
bones, hair, hides or fleshings, entrails, whole blood, feathers,
ashes, cinders, sand, spent lime, stone or marble dust, metal,
glass, straw, shaving, grass clippings, rags, spent grains, spent
hops, waste paper, wood, plastics, gas tar, asphalt residues,
residue from refinings, or processing of fuel or lubricating oil,
mud or glass grindings or polishing wastes.
c. Any wastewater having a Ph less than 6.5 or greater
than 9.0 or wastewater having any other corrosive property capable
of causing damage or hazard to structures, equipment and/or
personnel of the Treatment Plant.
d. Any wastewater containing toxic pollutants in
sufficient quantity, either singly or by interaction with other
pollutants, to injure or interfere with any wastewater treatment
process, constitute hazard to humans or animals, create a toxic
effect in the receiving water of said Treatment Plant, or to exceed
the limitation set forth in a Categorical Pretreatment Standard.
A toxic pollutant shall include, but not be limited to, any
pollutant identified pursuant to the Federal Water Pollution
Control Act, the Utah Water Quality Act, the Resource Conservation
and Recovery Act (RCRA), the Federal Insecticide Fungicide and
Rodenticide Act (FIFRA), the Toxic Substances Control Act (TSCA) or
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regulations promulgated under the authority of any of the foregoing
statutes.
e. 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 are
sufficient to prevent entry into sewers or structures for
maintenance and repair.
f. Any substance which may cause said Treatment Plant
effluent or any other product of said Treatment Plant, such as
residues, sludges, or scums, to be unsuitable for reclamation and
reuse or to interfere with the reclamation process. In no case
shall a substance be discharged to the said Treatment Plant which
shall cause said Treatment Plant to be in non-compliance with
sludge use or disposal criteria, guidelines or regulations of the
U.S. Environmental Protection Agency and the Utah Wastewater
Disposal Regulations.
g. Any substance which will cause said Treatment Plant
to violate its National Pollution Discharge Elimination System
Permit and/or the Utah Pollution Discharge Elimination System
Permit.
h. Any wastewater with objectionable color not removed
in the treatment process, such as, but not limited to, dye or ink
wastes, vegetable tanning solutions, chemical preservatives or
dyes.
i. Any wastewater having a temperature which will
inhibit biological activity in the wastewater treatment plan
resulting in interference, but in no case wastewater with a
temperature at the introduction into said Treatment Plant which
exceeds 40 degrees C (104 F).
j. Any wastewater containing any radioactive wastes, or
isotopes of such wastes, or concentration as may exceed limits
established by the city in compliance with applicable State or
Federal regulations.
k. Any wastewater which causes a hazard to human life
or creates a public nuisance.
8. The Hauler shall furnish the name and address of the
facility where waste originated prior to dumping into said
Treatment Plan.
9. Since the wastewater treatment afforded the Hauler
hereunder is a matter of accommodation, the Hauler agrees to pay
actual costs of any damage to said Treatment Plant arising as a
result of any breach by the Hauler under this agreement.
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10. Subject to the City's approval, the Hauler shall provide
public liability insurance covering bodily injury, in an amount of
not less than a single limit of $500,000.00 for each person injured
in each occurrence. This insurance shall cover bodily injuries or
death suffered, or alleged to have been suffered, by any person or
persons (including City employees) by reason of, or in the course
of, operations under this agreement. Such insurance shall be
maintained until this agreement is terminated.
a. In addition the Hauler shall provide property damage
insurance in an amount of not less than a combined single limit of
$1,000,000.00 for property damaged in each occurrence. The
insurance shall cover damages to property suffered or alleged to
have been suffered, by person or persons, by reason of, or in the
course of, the operations under this agreement. Such insurance
shall be maintained until this agreement is terminated and shall
contain loss payable clauses in favor of, and in a form acceptable
to, the City.
Approved and accepted on the date set forth below:
Hauler:
By:
City:
By:
Date
City Manager Date
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Permit Action:
Approved
Denied Permit Number
Treatment Plant Operator:
Date
Total Measured Volume Gallons: Fee: $
Notes:
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