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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 -1- 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. -1- 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 -2- 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. -3- 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 ******************************************************************* Permit Action: Approved Denied Permit Number Treatment Plant Operator: Date Total Measured Volume Gallons: Fee: $ Notes: *******************************************************************