City of Harrisburg, PA
Dauphin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Harrisburg by Ord. No. 19-1984. Amendments noted where applicable.]
CROSS-REFERENCES
Abandoned sewer lines: see Ch. 9-105.
Connection regulations: see Chs. 9-507 and 9-509.
Plumbing Code: see Ch. 8-105.
Sewer connections required: see Ch. 6-303.
Sewer improvements: see Third Class City Code § 3201 et seq. (53 P.S. § 38201 et seq.).
[1]
Note: The City now operates the Advanced Wastewater Treatment Facility pursuant to a lease with The Harrisburg Authority, as such lease has been supplemented and amended from time to time. The sale of the sewer system to The Harrisburg Authority was effected by Ord. No. 3-1990.

§ 9-501.1 Definitions.

[Ord. No. 43-1990]
These definitions shall apply throughout Part 5 of Title 9 of these Codified Ordinances, unless the context clearly indicates otherwise; other definitions may be found in Chapter 1-302, Glossary of Terms.
ACCIDENTAL DISCHARGE
A discharge not caused by the fault of any person, and one that could not have been prevented by any means suggested by common prudence, which would interfere with the operation of the Advanced Wastewater Treatment Facility (AWTF).
ADVANCED WASTEWATER TREATMENT FACILITY OF THE CITY OF HARRISBURG (AWTF)
The publicly owned wastewater collection, conveyance and treatment system (POTW), as defined by Section 212 of the Federal Water Pollution Control Act, also known as the "Clean Water Act of 1977," as amended.[1]
APPLICANT
All persons holding title to facilities or improvements for which a permit for the connection to or discharge into the sewer system is required.
AUTHORIZED REPRESENTATIVE OF A SIGNIFICANT INDUSTRIAL USER
Either:
[Amended 12-11-2007 by Ord. No. 29-2007]
A. 
A principal executive officer of at least the level of vice president, if the user is a corporation; or
B. 
A general partner or proprietor, if the user is a partnership or proprietorship, respectively; or
C. 
A principal executive officer or ranking elected official, if the user is a municipality, state, federal, or other public agency.
D. 
A duly authorized representative of the individual designated in Subsection A, B or C above, if such representative is responsible for the overall operation of the facility or facilities from which the discharge originates.
BEST MANAGEMENT PRACTICES (BMPs)
Schedules of activities, prohibition of practices, maintenance procedures, other management practices, including treatment requirements and operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage and shall be considered local limits and pretreatment standards for the purpose of Section 307(d) of the Act.[2]
[Added 12-11-2007 by Ord. No. 29-2007]
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20° C., expressed in terms of weight and concentration (milligrams per liter).
BOD
Biochemical oxygen demand.
CFR
Code of Federal Regulations.
CLEAN STREAMS LAW
The Act of June 22, 1937, P.L. 1987, as amended and reenacted by Act of October 10, 1980, P.L. 894, 35 P.S. §§ 691.1 to 691.702.
CLEAN WATER ACT (aka FEDERAL WATER POLLUTION CONTROL ACT)
A federal statute enacted by Public Law 92-500, October 18, 1972, 33 U.S.C. § 1251 et seq., as amended by Public Law 95-217, December 28, 1977; Public Law 97-117, December 29, 1981; Public Law 97-440, January 8, 1983; and Public Law 100-04, February 4, 1987.
COLLECTION AND CONVEYANCE SYSTEM
The sanitary sewer collection system of the City and conveyance system of The Harrisburg Authority in which wastewater is collected, conveyed and discharged or will be discharged into the Advanced Wastewater Treatment Facility, AWTF.
COLLECTION SYSTEM
The sanitary sewer collection system of the City in which wastewater is collected and discharged, or will be discharged, into the AWTF.
COMMERCIAL ESTABLISHMENT
Any premises or improvements not a dwelling unit or industrial establishment.
COMPLIANCE MONITORING
The act of checking specific conditions or requirements of the industrial user permit.
CONVENTIONAL POLLUTANTS
Pollutants which are usually found in domestic, commercial or industrial wastes, such as phosphorus, total suspended solids, biochemical oxygen demand, fecal coliform, adverse pH levels, and oil and grease.
COOLING WATER
The water discharged from any use, such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
DEP
See "PA DEP."
DEPARTMENT
The Department of Public Works of the City of Harrisburg.
DIRECTOR or DIRECTOR DPW
The Director of the Department of Public Works of the City of Harrisburg.
DISCHARGER
Any person who contributes, causes or permits the contribution of treated or untreated wastewater into the sewer system.
DOMESTIC WASTEWATER
Ordinary water-carried household wastes from sanitary conveniences from residential and nonresidential establishments.
ENVIRONMENTAL PROTECTION AGENCY (EPA)
An agency or administrative department of the United States, or any other agency or administrative department of the United States hereafter exercising all or any portion, as appropriate, of the powers or jurisdiction presently being exercised thereby.
EPA
United States Environmental Protection Agency.
EQUIVALENT DWELLING UNIT (EDU)
A measure of the volume of flow or expected flow of sanitary sewage or industrial waste from any property that is equal to the volume of flow discharged from one dwelling unit as determined by the City, in accordance with sound engineering practice.
[Ord. No. 21-1992]
FEDERAL ACT
The Federal Water Pollution Control Act, also known as the "Clean Water Act of 1977," as amended, 33 U.S.C. § 1251 et seq.
FEDERAL CATEGORICAL PRETREATMENT STANDARDS
National Categorical Pretreatment Standards.
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.
HARRISBURG CONVEYANCE SYSTEM
The interceptor sewers, pumping stations and force mains and all related structures which are a part of the wastewater facilities transporting and conveying wastewater from facilities of the City and any of the suburban municipalities of the AWTF which are part of the wastewater facilities.
HOLDING TANK WASTE
Any waste from holding tanks of vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.
INDIRECT DISCHARGE
The discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b), (c) or (d) of the Federal Act [33 U.S.C. § 1317(b), (c) or (d)] into the AWTF. For the purposes of this definition, holding tank wastes shall be considered an indirect discharge.
INDUSTRIAL ESTABLISHMENT
Any nonresidential establishment discharging sewage and wastes, other than normal waste-carried domestic sewage and wastes and cooling water, directly or indirectly to the AWTF.
INDUSTRIAL USER
A source of indirect discharge which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of the Federal Act (33 U.S.C. § 1342).
INDUSTRIAL WASTES
Any solid, liquid or gaseous substance, waterborne wastes or form of energy rejected or escaping from any industrial, manufacturing, trade or business process or from the development, recovering or processing of natural resources, as distinct from sanitary sewage.
INTERFERENCE
The inhibition or disruption of the AWTF treatment processes or operation which contributes to a violation of any requirement of The Harrisburg Authority's NPDES permit. The term includes pollution which prevents the use or disposal of sewage sludge by the AWTF in accordance with Section 405 of the Federal Act (33 U.S.C. § 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act[3] or more stringent state criteria applicable to the method of disposal or use employed by the AWTF.
LEASE
The agreement of lease between the City as lessee and The Harrisburg Authority as lessor, whereunder the wastewater facilities are leased to the City for operation and use, and any amendments and supplements to such lease.
LOCAL LIMITS
A locally established limit deemed to be a pretreatment standard for the purpose of Section 307(d) of the Clean Water Act.[4] The limit is specific to the Advanced Wastewater Treatment Facility (AWTF) and is based on the potential for pass-through, interference, sludge contamination or capacity to cause damage or hazards to structures, equipment or personnel of the Advanced Wastewater Treatment Facility (AWTF) by the discharge of any pollutant by an industrial user.
MILLIGRAM PER LITER (mg/L)
Concentration based on mass of pollutant per unit volume.
NATIONAL CATEGORICAL PRETREATMENT STANDARDS
Any regulation containing pollutant discharge limits promulgated by the United States Environmental Protection Agency in accordance with Section 307(b) and (c) of the Federal Act, 33 U.S.C. § 1317(b) and (c), which applies to a specific category of industrial users.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
A permit issued pursuant to Section 402 of the Federal Act, 33 U.S.C. § 1342.
NATIONAL PROHIBITED DISCHARGE STANDARD
Any regulation developed under authority of Section 307(b) of the Federal Act, 33 U.S.C. § 1317(b) and 40 CFR 403.5.
NEW SOURCE
Any new building, structure, facility or installation from which there is or may be a discharge of pollutants which commences after the date of publication of a proposed pretreatment standard under Section 307(c) of the Clean Water Act.[5]
[Ord. No. 20-1992]
NONRESIDENTIAL ESTABLISHMENT
Any building, structure, room, group of rooms, establishment, or facility other than a residence which discharges sewage and wastes, including industrial wastes, directly or indirectly to the AWTF.
NORTH AMERICAN INDUSTRIAL CLASSIFICATION SYSTEM
A classification pursuant to the North American Industrial Classification System Manual issued by the Executive Office of the President, Office of Management and Budget (1998), as amended.
[Amended 4-13-1999 by Ord. No. 10-1999]
OCCUPIED BUILDING
Any structure erected and intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sanitary sewage, industrial waste or both are or may be discharged.
PA DEP
The Department of Environmental Protection, an agency or administrative department of the commonwealth, or any other agency or administrative department of the commonwealth hereafter exercising all or any portion, as appropriate, of the powers or jurisdiction presently being exercised thereby.
PARTS PER MILLION (PPM)
Indicates a mass ratio meaning milligrams per million milligrams and generally will be considered equivalent to milligrams per liter (mg/L).
PASS-THROUGH
A discharge which exits the AWTF into a waterway of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of The Harrisburg Authority's NPDES permit.
[Ord. No. 20-1992]
pH
The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
POLLUTANT
Any dredged solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical waste, wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand and cellar dirt, and industrial, municipal and agricultural waste discharged into water.
POLLUTION
The man-made or man-induced alteration of the chemical, physical, biological or radiological integrity of water.
POLYCHLORINATED BIPHENYLS (PCBs) T
The sum of Arochlors 1016, 1221, 1232, 1242, 1248, 1254, or 1260.
[Added 10-27-2010 by Ord. No. 2010-13]
PRETREATMENT or TREATMENT
The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the AWTF. The reduction or alteration can be obtained by physical, chemical or biological process, or process changes by other means, except as prohibited by 40 CFR 403.6(d) (dilution).
PRETREATMENT REQUIREMENT
Any substantive or procedural requirement related to pretreatment other than a pretreatment standard imposed on an industrial user.
PRETREATMENT STANDARD
Any National Categorical Pretreatment Standard, local limit, or discharge prohibition regulation identified in § 9-501.7B containing a list of pollutant discharge limitations.
[Ord. No. 20-1992]
PROCESS WASTEWATER
Any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product or waste product. Sanitary, noncontact cooling and boiler blowdown wastewaters are excluded, unless they become process makeup water.
PROHIBITED DISCHARGE STANDARD
National Prohibited Discharge Standard.
PROPERTY ACCESSIBLE TO THE COLLECTION SYSTEM
Real estate which adjoins, abuts on, is adjacent to, or is within 200 feet of the collection system.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works, as defined by Section 212 of the Clean Water Act, which is owned by a state or municipality [as defined by Section 502(4) of the Clean Water Act].[6] 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 treatment facility.
RESIDENTIAL PROPERTY
Any room, group of rooms, house, house trailer, or other enclosure occupied or intended for occupancy as separate living quarters by a single family or by persons living alone, which property shall be billed and considered a separate entity.
SANITARY SEWAGE
The normal water-carried household and toilet wastes from residences, business buildings, institutions and commercial and industrial establishments.
SELF-MONITORING
Sampling and analysis performed by the industrial user to ensure compliance with permit provisions.
SERVICE AGREEMENT
The second supplemental agreement, dated September 15, 1976, among the City of Harrisburg, Harrisburg Sewerage Authority and the suburban municipalities, and any supplements and amendments to such agreement.
SERVICE PERIOD
For sewer rental purposes, the length of time for which sewer rentals are billed as may be determined by the Bureau of Water of the City to correspond with water service periods.
SEWER SYSTEM
All the facilities for the collection and conveyance of sewage and suitable industrial wastes into the AWTF and the treatment plant.
SIC
Standard Industrial Classification.
SIGNATORY
A responsible corporate officer, general partner, proprietor, or duly authorized representative of that individual.
[Ord. No. 20-1992]
SIGNIFICANT INDUSTRIAL USER
All categorical industrial users or any noncategorical industrial users that:
A. 
Have a discharge flow of 25,000 gallons or more per average workday of process wastewater; or
B. 
Have an average process flow which makes up 5% or more of the average dry-weather hydraulic or organic capacity of the treatment plant; or
C. 
Have a reasonable potential, in the opinion of the superintendent, to adversely affect the treatment plant through inhibition, pass-through of pollutants, sludge contamination or endangerment of AWTF workers or to violate any pretreatment standard or requirement.
SIGNIFICANT NONCOMPLIANCE
One or more violations of:
[Amended 12-11-2007 by Ord. No. 29-2007]
A. 
Pretreatment standards or requirements, including chronic violations, technical review criteria violations or any discharge which, alone or in combination, causes interference or pass-through or endangers the health or welfare of AWTF personnel, the public or environment or results in the AWTF exercising its emergency authority to halt or prevent such discharge;
B. 
Best management practices;
C. 
Compliance schedule milestones;
D. 
Reporting requirements;
E. 
Accurately reporting noncompliance; or
F. 
Any other violation or group of violations the AWTF considers to be significant.
SLUG DISCHARGE
Any pollutant released in a discharge at a flow or concentration rate which will cause interference with the operation of the AWTF.
SPILL PREVENTION AND CONTROL PLAN
A plan prepared by an industrial user to minimize the likelihood of a spill and to expedite control and cleanup activities should a spill occur.
STATE
The Commonwealth of Pennsylvania.
STEELTON CONVEYANCE SYSTEM
The facilities owned or leased by the Borough of Steelton which transport and convey wastewater from facilities of any of the suburban municipalities, and not through the Harrisburg conveyance system, to the wastewater treatment facilities which are part of the wastewater facilities.
SUBURBAN MUNICIPALITIES or SUBURBAN MUNICIPAL AUTHORITIES
The Borough of Penbrook, Borough of Paxtang, Borough of Steelton, Township of Swatara, Township of Lower Paxton, and the Township of Susquehanna and, as applicable, Swatara Township Authority, Lower Paxton Authority, Steelton Borough Authority, and Susquehanna Township Authority, collectively or individually, as appropriate.
SUPERINTENDENT
The person designated by the City to supervise the operation of the AWTF and who is charged with certain duties and responsibilities by this chapter or any other applicable legislation or one or more duly authorized representatives.
SUSPENDED SOLIDS
The total suspended matter that floats on the surface of or is suspended in water, wastewater or other liquids and which is removable by laboratory filtering.
TOXIC MATERIAL OR POLLUTANT
Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the EPA under Section 307(a) of the Federal Act[7] or the federal laws.
TREATMENT
Pretreatment.
TREATMENT PLANT
The plant for the treatment of sewage conveyed thereto by the collection system, and the equipment and facilities thereof; the AWTF.
UPSET
An exceptional incident in which there is unintentional and temporary noncompliance with the pretreatment standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation.
USER
Any person who contributes, causes or permits the contribution of wastewater into the AWTF.
VIOLATION
The act of not meeting specific conditions or requirements (i.e., noncompliance).
WASTEWATER
The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any pollutants which may be present, whether treated or untreated, which are contributed into or permitted to enter the sewer system.
WASTEWATER FACILITIES
The wastewater conveyance, treatment, disposal and related facilities owned by The Harrisburg Authority and leased to the City of Harrisburg for operation and use, including existing facilities and all future additions and improvements thereto.
WATERWORKS
All facilities for the collection and distribution of water to persons in the City.
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
[2]
Editor's Note: See 33 U.S.C. § 1317(d).
[3]
Editor's Note: See 42 U.S.C. § 6901 et seq., 42 U.S.C. § 7401 et seq. and 15 U.S.C. § 2601 et seq.
[4]
Editor's Note: See 33 U.S.C. § 1317(d).
[5]
Editor's Note: See 33 U.S.C. § 1317(c).
[6]
Editor's Note: See 33 U.S.C. §§ 1292 and 1362(4), respectively.
[7]
Editor's Note: See 33 U.S.C. § 1317(a).

§ 9-501.2 Connections required. [1]

A. 
All persons owning any occupied building now erected upon property accessible to the collection system shall, if not already connected, at their own expense, have connected such building with the collection system by April 4, 1959.
B. 
All persons owning any property accessible to the collection system upon which an occupied building is hereafter erected shall, at the time of the erection of such building and at their own expense, connect the same with the collection system.
C. 
All persons owning any occupied building upon property which hereafter becomes accessible to the collection system shall, at their own expense, connect such building to the collection system within 30 days after notice to do so from the City.
[1]
Editor's Note: This section derives from Ord. No. 25-1958.

§ 9-501.3 Private systems and connections prohibited. [1]

No person owning any property accessible to the collection system shall erect, construct, use, or maintain, or cause to be erected, constructed, used, or maintained, any privy, cesspool, sinkhole, septic tank, or other receptacle on such property for receiving sewage after April 4, 1959, or at any time erect, construct, use, or maintain any pipe, conduit, drain, or other facility for the discharge of sanitary sewage except into the collection system. No person shall make a connection to the collection system from any cesspool, privy, vault, cistern, or other depository.
[1]
Editor's Note: This section derives from Ord. No. 25-1958.

§ 9-501.4 Private systems deemed nuisance. [1]

Any person who erects, constructs, uses, or maintains a privy, cesspool, sinkhole, or septic tank on any property accessible to the collection system in violation of this chapter shall be deemed to be erecting, constructing and maintaining a nuisance, which nuisance the City is hereby authorized and directed to abate in the manner provided by law.
[1]
Editor's Note: This section derives from Ord. No. 25-1958.

§ 9-501.5 Compliance with applicable laws and regulations.

No connection or discharge shall be made to or into the sewer system except in compliance with all federal, state and local laws, ordinances, resolutions, rules, and regulations now in force and effect, as well as such federal, state and local laws, ordinances, resolutions, rules, and regulations as may, from time to time, be enacted, adopted, approved, or promulgated by any federal, state or local authority, or may be otherwise provided by law.

§ 9-501.6 Notice of failure to connect.

If any owner of an occupied building on property accessible to the collection system fails to connect such property with the collection system as required, the City shall cause to be served on the owners and the occupants of the buildings in question a written notice requiring such connection to be made. The notice shall further state that its requirements shall be complied with within 30 days from the date thereof.

§ 9-501.7 Prohibited connections and discharges.

[Ord. No. 43-1990]
A. 
The City reserves the right to refuse permission to connect to the sewer system, to compel discontinuance of use of the sewer system or to compel pretreatment of wastewaters by any person in order to prevent discharges deemed harmful or deemed to have a deleterious effect upon the operation of, or any portion of, the sewer system.
B. 
No wastewaters shall be discharged to the sewer system:
(1) 
Having heat in such quantities that the discharge causes the temperature at the AWTF to exceed 40° C. or 104° F.;
(2) 
Containing fats, wax, grease or oils of petroleum origin, whether emulsified or not, in excess of 100 mg/L, or petroleum oil, nonbiodegradable cutting oil or petroleum products of mineral origin in amounts that will cause interference or pass-through at the AWTF;
(3) 
Containing any gasoline, benzene, naphtha, fuel oil or other explosive liquids, solids or gases or any other pollutants which will create a fire or explosion hazard, including but not limited to waste streams with a closed-cup flashpoint of less than 140° F. or 60° C. using the test methods specified in 40 CFR 261.21;
(4) 
Containing any garbage that has not been ground by household-type or other suitable garbage grinders;
(5) 
Containing any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solids or viscous substances capable of causing obstructions or other interferences with proper operation of the sewer system;
(6) 
Having a pH lower than 5.0 or higher than 10.0 standard units, or having any other corrosive properties capable of causing damage or hazards to structures, equipment or personnel of the sewer system;
[Amended 12-11-2007 by Ord. No. 29-2007]
(7) 
Containing toxic or poisonous substances in sufficient quantity to injure or interfere with any wastewater treatment process, to constitute hazards to humans or animals or to create any hazard in waters which receive treated effluent from the sewer system treatment plant. Toxic wastes shall include, but not be limited to, wastes containing cyanide, chromium, cadmium, mercury, copper or nickel or any characteristic or listed hazardous waste;[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).
(8) 
Containing noxious or malodorous gases or substances capable of creating a public nuisance;
(9) 
Containing solids of such character and quantity that special and unusual attention is required for their handling;
(10) 
Containing any substance which may affect the AWTF's effluent and cause violation of the NPDES permit requirements;
(11) 
Containing any substance which would cause the AWTF to be in noncompliance with sludge use, recycling or disposal criteria pursuant to guidelines or regulations developed under Section 405 of the Federal Act, the Clean Air Act[2] or regulations or criteria for sludge management and disposal as required by the DEP;
[2]
Editor's Note: See 33 U.S.C. § 1345 and 42 U.S.C. § 7401 et seq., respectively.
(12) 
Containing color which is not removed in the treatment processes;
(13) 
Containing any radioactive wastes or isotopes;
(14) 
Containing any pollutant, including conventional pollutants, released at a flow rate and/or pollutant concentration which would cause interference with the AWTF;
(15) 
Containing substances which may solidify or become viscous at temperatures between 0° C. or 32° F. and 60° C. or 140° F.;
(16) 
Containing chemical constituents which, alone or in combination, result in the release of toxic gases, vapors, or fumes in a quantity that may cause acute worker health and safety problems.
C. 
When the superintendent or Director determines that an industrial user is contributing any of the above substances in such amounts as to exceed stated limits or to interfere with the operation of the AWTF, he or she shall:
(1) 
Advise the user of the impact of such discharges on the operation of the AWTF; and
(2) 
Develop effluent limitations for those discharges to correct the interference with the operations of the AWTF; and
(3) 
Direct the user to comply with the effluent limitations as provided in Chapter 9-511; and
(4) 
Utilize the enforcement provisions of § 9-511.99.

§ 9-501.8 Customer pretreatment and sampling facilities.

A. 
Upon notification by the City, pretreatment facilities shall be installed within 90 days of the date of such notice, at the sole cost of the significant industrial user, to meet City requirements. In no event shall dilution be acceptable as a means of pretreatment to meet the requirements of this chapter. Any order to install pretreatment facilities may be appealed to the Director as provided in § 9-501.99.
B. 
The City reserves the right to require nonresidential dischargers having large variations in rates of wastewater discharge to install suitable regulating devices for equalizing wastewater flows to the sewer system.
C. 
When directed by the Department or by one of the suburban municipalities at the request of the Department, industrial users shall install, within 90 days of the directive, at their sole cost and expense, and thereafter maintain a manhole and such other devices as may be approved by the Department to facilitate observation, measurement and sampling of wastewaters discharged into the sewer system. The duly authorized representatives of the Department shall, at all times, be permitted to:
[Ord. No. 20-1992]
(1) 
Enter upon any and all properties of industrial users for the purpose of inspecting for compliance, observing, measuring and sampling wastewaters discharged into the sewer system;
(2) 
Set up and use monitoring equipment;
(3) 
Inspect and copy industrial waste discharge, monitoring and production records or any other records pertinent to compliance with this chapter; and
(4) 
Have access to any meters used for establishing or determining water consumption, water excluded from the sewer system and wastewater discharged into the sewer system. If an individual user has security measures in force which physically limit entry to the premises of such user, the industrial user shall, within 30 days of the effective date of this section, immediately provide the Department with whatever is necessary to allow authorized City representatives to enter the premises, without delay, for the purpose of performing their duties and responsibilities.
D. 
The Department and any suburban municipality may require any industrial establishment to provide information needed to determine compliance with this chapter.

§ 9-501.9 Wastewater discharge permits.

A. 
Any industrial establishment desiring to discharge or currently discharging, directly or indirectly, wastes into the sewer system, or planning to change operations so as to materially alter the characteristics and/or volumes of wastewaters discharged into the sewer system, shall notify the Department and any affected suburban municipality in writing at least 30 days before making such connection or changing its operations and shall obtain a permit from the Department to do so. Applications for such permit shall be on the form supplied by the superintendent and shall be accompanied by all information requested by the Department for the determination of waste volumes, characteristics and constituents. The cost for obtaining such information shall be borne by the applicant. Any significant industrial user shall make application for a new permit within 30 days of the effective date of this section.
[Ord. No. 43-1990]
B. 
This application shall include, but shall not be limited to, the following information, in units and terms appropriate for evaluation:
[Ord. No. 20-1992]
(1) 
Name, address and location of applicant;
(2) 
NAICS number(s) according to the North American Industrial Classification System Manual, Office of Management and Budget, 1998, as amended;
[Amended 4-13-1999 by Ord. No. 10-1999]
(3) 
Volume of wastewaters to be discharged;
(4) 
Wastewater constituents and characteristics, including, but not limited to, those set forth in § 9-501.7B, as determined by a reliable analytical laboratory. Sampling and analysis shall be performed in accordance with the procedures established by the United States EPA pursuant to Section 304(g) of the Federal Act, 33 U.S.C. § 1314(g), and the regulations promulgated thereunder, 40 CFR Part 136, as amended;
(5) 
Time and duration of discharge;
(6) 
Average and maximum wastewater flow rates, including daily, monthly and seasonal variations, if any;
(7) 
A schematic flow representation which shall include floor plans, mechanical and plumbing plans and details of all sewers, sewer connections and appurtenances, sizes, locations and elevations;
(8) 
A schematic flow representation which shall include all pretreatment or treatment plans and details, including appurtenances, sizes, locations, elevations;
[Added 12-11-2007 by Ord. No. 29-2007]
(9) 
Pretreatment, treatment and flow meter standard operating procedures manual;
[Added 12-11-2007 by Ord. No. 29-2007]
(10) 
Number of employees and hours worked;
(11) 
Description of activities, facilities and plan processes on the premises, including all materials which are or could be discharged;
(12) 
Each product produced, listed by type, amount and rate of production;
(13) 
Type and amount of raw materials processed, average and maximum per day;
(14) 
Each substance considered toxic, hazardous, noxious or malodorous, including a description of the hazards associated with each substance;
(15) 
Certification of accuracy by the applicant;
(16) 
Any other information required by 40 CFR 403.12(b) or any other information as may be deemed necessary by the Department to evaluate that permit application.
C. 
The Department shall evaluate the data furnished by the applicant and may require additional information. After evaluation and acceptance of the date furnished, the superintendent shall issue a permit subject to terms and conditions provided therein, as set forth in Subsection D hereof.
D. 
Wastewater discharge permits shall be subject to all provisions of this chapter and all other applicable federal, state and local laws, rules, regulations, charges, and fees. The conditions of such permits shall be uniformly enforced by the City in accordance with this chapter and applicable federal, state and local laws, rules and regulations. Permits may contain, but shall not be limited to, the following conditions:
[Ord. No. 43-1990; Ord. No. 20-1992]
(1) 
The unit charge or schedule of special charges and fees or wastewater surcharges to be paid the City for the wastewater to be discharged into the sewer system pursuant to such permit;
(2) 
The average and maximum allowable wastewater constituent and characteristics;
(3) 
Equalization, neutralization or other requirements to control high pH or highly variable pH discharge;
(4) 
Limits on rate and time of discharge or requirements for flow regulations and equalization;
(5) 
Requirements for installation, maintenance and/or operation of monitoring, inspection and sampling facilities;
(6) 
Pretreatment requirements;
(7) 
Requirements for submission of technical reports or discharge reports;
(8) 
Signatory requirements for certification of technical reports or discharge reports;
(9) 
Requirements for maintaining and retaining plant records relating to wastewater discharge for a minimum of three years or longer, as specified by the Department, and affording the Department access thereto;
(10) 
Compliance schedules;
(11) 
Specifications for monitoring programs, including self-monitoring, sampling location, frequency and method of sampling, number, types and standards for tests and reporting schedules;
(12) 
Requirements for notification of pretreatment standard exceedance and repeat sampling and testing;
(13) 
Requirements for notification of slug or accidental discharge;
(14) 
Requirements for a spill prevention and control plan;
(15) 
Requirements for a spill or slug discharge prevention and control plan in accordance with 40 CFR 403.8(f)(2)(vi)(A)(B)(C) and (D);
[Added 12-11-2007 by Ord. No. 29-2007]
(16) 
Requirements for best management practices;
[Added 12-11-2007 by Ord. No. 29-2007]
(17) 
Other conditions as deemed appropriate by the City to insure compliance with these regulations.
[Amended 12-11-2007 by Ord. No. 29-2007]
E. 
Wastewater discharge permits shall be issued for a specified time period, not to exceed five years, subject to compliance with all of the provisions of this chapter and the regulations promulgated thereunder. Any applicant who does not meet the standards of this chapter shall not be entitled to a five-year permit. All holders of a wastewater discharge permit must also comply with any National Categorical Pretreatment Standards within 90 days of their promulgation or any revisions thereto.
F. 
A wastewater discharge permit is not assignable or transferable to a new user, owner or new use.

§ 9-501.10 Specific discharge limitations.

[Ord. No. 20-1992]
A. 
No industrial user shall discharge, directly or indirectly, into the wastewater collection or conveyance system any wastewater containing in excess of the following pollutant in milligrams per liter:
[Amended 10-27-2010 by Ord. No. 2010-13]
Pollutant
Daily Maximum
Instantaneous Maximum
Ordinance
Arsenic (T)
2.81
5.62
43-1990
Cadmium (T)
0.75
1.50
43-1990
Chromium (T)
1.31
2.62
43-1990
Copper (T)
2.99
5.98
43-1990
Cyanide (T)
2.15
2.15
43-1990
Lead (T)
0.55
1.10
43-1990
Mercury (T)
0.04
0.08
43-1990
Molybdenum (T)
6.78
13.56
Nickel (T)
1.00
2.00
43-1990
PCBs (T)
1.28
2.56
Selenium (T)
2.14
4.28
Silver (T)
15.46
30.92
Zinc (T)
2.20
4.40
20-1992
B. 
The limits may be changed, by regulation of the Director or by the EPA, to whichever limitation is more stringent.

§ 9-501.11 Federal categorical pretreatment standards.

[Ord. No. 20-1992]
Upon promulgation of federal categorical pretreatment standards or any federal standard for a particular industry or subcategory, the standards referenced in 40 CFR Chapter I, Subchapter N, Parts 405 to 471, if more stringent than the limitations contained in this chapter for such discharges, shall immediately supersede the standards set forth in this chapter. The superintendent shall notify all affected industrial users of the applicable reporting requirements under 40 CFR 403.12.

§ 9-501.12 State standards.

Any state requirements and limitations on discharge which have been or may be adopted which are more stringent than the federal limitations or those contained in this chapter shall supersede both federal and City standards. The superintendent shall notify all affected users of any such change.

§ 9-501.13 Upset, slug or accidental discharge; notice requirements.

A. 
Each significant industrial user shall provide protection from an upset of pretreatment facilities, slug or accidental discharge of prohibited materials and any other substances regulated by this chapter. Facilities to prevent and plans to mitigate an upset, slug or accidental discharge shall be provided and maintained at such user's expense. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at such user's expense. No significant industrial user which commences discharge into the sewer system shall be permitted to introduce pollutants into the sewer system until a spill prevention and control plan has been approved by the Department. Approval of such plans and procedures shall not relieve such user of the responsibility to modify such user's facility as necessary to meet the requirements of this chapter.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).
B. 
In the event of an upset, slug, or accidental discharge, it shall be the responsibility of the significant industrial user to:
[Ord. No. 43-1990]
(1) 
Make immediate notification to the AWTF of location of discharge, date and time thereof, type of waste, including concentration and volume, and corrective action taken; and
(2) 
Within five days following an upset, slug or accidental discharge, submit to the superintendent a written report which shall specify:
(a) 
Description of the upset, slug or accidental discharge, the cause thereof, and the impact on the industrial user's compliance status, including location of discharge, type, concentration and volume of waste;
(b) 
Duration of noncompliance, including exact date and times of noncompliance, and, if the noncompliance continues, the time by which compliance is reasonably expected to occur;
(c) 
All steps taken or to be taken to reduce, eliminate, and prevent recurrence of such an upset, slug or accidental discharge or other conditions of noncompliance.
C. 
The notification required by this section shall not relieve the significant industrial user of any expense, loss, damage, or other liability incurred to the AWTF, the City, any state or federal department or authority, or any damage to person, property or environment, nor will this notification relieve the significant industrial user of any fines, penalties or any other liability which may be imposed by Chapter 9-511 or any other applicable law.

§ 9-501.14 Compliance reports.

[Ord. No. 20-1992]
A. 
With 90 days following the date for final compliance or, if a new source, the commencement of discharge, any user subject to the pretreatment provisions of this chapter shall submit to the superintendent a report indicating the nature and concentration of pollutants and the average and maximum flows of the discharges which are limited by such pretreatment standards and requirements. The report shall state whether the applicable pretreatment standards and requirements are being met and, if not, what additional pretreatment facilities or additional operations and maintenance tasks are necessary to bring such user in compliance with the applicable pretreatment standards and requirements. This statement shall be signed by an authorized representative of the user and certified by a qualified individual.
B. 
Any significant industrial user subject to the provisions of this chapter shall submit to the superintendent, at least on a semiannual basis, a report containing the information required by its permit. The reports required by this subsection shall be certified by an authorized signatory of the user and submitted within 30 days following the end of the reporting period, unless the superintendent authorizes, in writing, another submission date or schedule.
C. 
If any sampling and testing required by Subsections A and B hereof indicate a violation of a pretreatment standard, the industrial user shall notify the Department within 24 hours of becoming aware of the violation, repeat sampling and testing within 72 hours, or the first day representative of normal operation, and submit, in writing, the results of the repeat analysis within 30 days.
D. 
In addition to the requirements of Subsections A, B and C hereof, if the Director or superintendent has reason to believe that a significant industrial user is not meeting the pretreatment standards on a consistent basis, such user may be required to submit interim compliance reports on a regular or irregular schedule.
E. 
Any reports required by this section shall be maintained and retained for a minimum of three years or longer, as specified by the Department, and access by the Department afforded thereto.

§ 9-501.15 Prior notice of discharge of hazardous waste.

[Ord. No. 20-1992]
No industrial user shall introduce any untreated process waste or process wastewater into the sewer system containing any hazardous waste constituent identified in 40 CFR Part 261 without prior written notification to the superintendent. Any notification shall provide the identity of the waste, the hazardous waste constituent and number and an estimation of the mass and concentration of hazardous waste to be discharged and shall be accompanied by a statement certifying that a waste reduction program is in place. In no case shall the introduction of any hazardous process waste or nonprocess waste constituent be permitted as a substitute for the proper treatment and disposal of any such waste.

§ 9-501.16 Limitations on point of discharge.

A. 
No user shall discharge any waste or wastewater directly into a manhole or other opening in the sewer system, other than an approved building sewer, unless such user has been issued a special permit to do so by the superintendent. Such permit shall be of limited duration, and the permittee shall comply with all applicable provisions of this chapter.
B. 
The discharge of any trucked or hauled pollutants is prohibited except at discharge points designated in a special permit approved by the superintendent. Such permit shall be of limited duration, and the permittee shall comply with all applicable provisions of this chapter.
[Ord. No. 20-1992]

§ 9-501.17 Holding tank wastes.

No user shall discharge any holding tank or septic tank wastes unless such person has been issued a special permit to do so by the superintendent. Such permit shall not be assignable or transferable.

§ 9-501.18 Charges and fees.

The Director shall adopt a schedule of charges and fees to cover the costs of implementation of the pretreatment provisions of this chapter. These fees are in addition to and separate from all other fees charged by the City and will be assessed by the City on all permit holders. Such charges and fees may include, but are not limited to, the following:
A. 
Costs of monitoring, inspection and surveillance procedures;
B. 
Costs of reviewing permit applications;
C. 
Administrative costs of appeals;
D. 
Costs of reviewing accidental discharge reports;
E. 
Costs of reviewing pretreatment facility construction plans;
F. 
Costs of consistent removal by the AWTF of pollutants subject to pretreatment standards;
G. 
Any other costs incurred by the City in implementing the requirements of this chapter.

§ 9-501.19 Applicability.

The pretreatment provisions and all other requirements of this chapter shall apply to any person currently discharging into, directly or indirectly, or otherwise using, the sewer system or any person who shall in the future discharge into, directly or indirectly, or otherwise use, the sewer system.

§ 9-501.20 Rules and regulations.

The Director is authorized to promulgate such rules and regulations as are necessary for the proper administration, implementation and enforcement of this chapter and all other chapters of Part 5 of Title 9 of the Codified Ordinances. This authority is in addition to that granted in any section of this chapter. Such rules and regulations shall have the same force and effect as the provisions of this chapter, and any violation thereof shall be deemed a violation of the applicable chapters for enforcement purposes in Chapter 9-511. The Director shall publish notice of the promulgation of any such rules and regulations and shall notify each of the suburban municipalities prior to adoption of the same, pursuant to Chapter 9-509.

§ 9-501.21 Failure to comply.

Should any user refuse, neglect or fail to comply with any provision of this chapter or any of the rules and regulations promulgated thereunder or any notice or directive given in conformity with or pursuant to the provisions of this chapter, the City may pursue any or all of the remedies set forth in Chapter 9-511.

§ 9-501.22 Confidentiality of proprietary information.

Any information submitted to the City pursuant to this chapter or any rules and regulations promulgated thereunder may be claimed as confidential by the submitter. Any such claim shall be asserted at the time of submission by the stamping or placing of the words "Confidential Business Information" on each page containing such information. If no claim is made at the time of submission, the City may make the information available to the public without further notice. If a claim is asserted, the information shall be treated in accordance with the procedures in 40 CFR Part 2 (Public Information); provided, however, that any information regarding effluent data shall be available to the public without restriction.

§ 9-501.23 Compliance monitoring and inspection.

[Ord. No. 43-1990]
Compliance monitoring and inspection will be performed by the City. This duty will be based on a schedule determined by the type of facility, type and concentration of pollutants in the discharge, and the past performances of compliance by the industrial user.

§ 9-501.99 Enforcement and penalty.

Any person who violates any provision of this chapter shall be subject to the penalty and enforcement provisions of Chapter 9-511, including the right of the City to disconnect service.