(a) 
Unless the context specifically indicates otherwise, the following terms, as used in this article, shall have the meanings hereinafter designated:
Act or the act.
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251 et seq.
Approval authority.
The director in an NPDES state with an approved state pretreatment program and the appropriate regional administrator in a non-NPDES state or [a state without] an approved state pretreatment program.
Authorized representative.
A person authorized in writing by a responsible corporate officer (as defined in 40 CFR 403.12(l)(1), or a general partner or proprietor (40 CFR 403.12(l)(2)). The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company, and the written authority is submitted to the control authority.
Biochemical oxygen demand (BOD).
The quantity of oxygen, expressed in parts per million by weight (milligrams per liter), utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five (5) days at a temperature of twenty (20) degrees Celsius. The laboratory determinations shall be made in accordance with procedures set forth in 40 CFR part 136.
Building drain.
That part of the lowest horizontal piping of a drainage system which receives the discharge from waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning three (3) feet outside the inner face of the building wall.
Building sewer.
The extension from the building drain to the public sanitary sewer or other place of disposal.
Bypass.
The intentional diversion of waste streams from any portion of an industrial user’s pretreatment facility.
Categorical pretreatment standard or pretreatment standard.
Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the act (33 U.S.C. 1347) which applies to a specific category of industrial dischargers.
Chemical oxygen demand (COD).
The quantity of the oxygen-consuming capacity of inorganic and organic matter present in the water or wastewater expressed in mg/l as the amount of oxygen consumed from a chemical oxidant in a specific test, but not differentiating between stable and unstable organic matter and thus not necessarily correlating with biochemical oxygen demand. The laboratory determination shall be made in accordance with procedures set forth in Standard Methods or other EPA approved method.
City.
The city or the city council of Hudson Oaks, Texas, or any authorized person acting in its behalf.
Compatible pollutant.
BOD, CBOD, COD, suspended solids, pH, ammonia and fecal coliform bacteria, and such additional pollutants as are now or may be in the future specified and controlled in this city’s NPDES permit for its wastewater treatment works where said works have been designed and used to reduce or remove such pollutants.
Control authority.
The department designated by the city to supervise the operation of its publicly owned treatment works and that is charged with certain duties and responsibilities by this article, or any duly authorized representative of that designated department.
Controlled access sampling point.
A point of access to a course of discharge before the discharge mixes with other discharges in the public sewer where sampling will occur. The location, physical dimensions and construction shall be approved by the city prior to construction or installation.
Cooling water.
The water discharged from any system of condensation such as air conditioning, cooling or refrigeration, or water used as a coolant in cooling towers where the only pollutant is thermal.
Director.
The public works manager of this city or his/her duly appointed deputy, agent or representative.
Discharge.
The introduction or addition of any waste, wastewater, or other substance into the POTW.
Discharger.
Any person who discharges or introduces anything other than normal domestic sewage into the POTW. The term includes owners and/or occupants of the premises connected to and discharging waste or wastewater into the POTW.
Domestic wastes.
Waterborne wastes normally discharged from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories, and institutions, free from storm and surface waters and industrial wastes.
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 of the EPA or other duly authorized official of said agency.
Garbage.
Solid wastes and residue from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of food products and produce.
Grease.
Fatty acids, soaps, fats, waxes, petroleum products, oil, and any other material which is extractable by hexane or freon solvent from an acidified sample, and which is not volatilized during evaporation of the solvent.
Grease trap.
A device by which the grease content of sewage may be cooled and congealed so that it may be skimmed from the surface.
Incompatible pollutant.
Any pollutant which is not a compatible pollutant as defined in this section.
Indirect discharge.
The discharge or the introduction of industrial waste into a POTW.
Industrial/commercial wastewater (industrial discharge).
Waterborne solids, liquids, or gaseous waste resulting from and discharged, permitted to flow, or escaping from any industrial, manufacturing, or food processing operation or process, or from the development of any natural resource, or any mixture of these with water or domestic sewage. (The term is generally synonymous with “nondomestic waste.”)
Industrial discharger (industrial user or user).
Any nonresidential user who discharges an effluent into the POTW by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto.
Interference.
A discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
(1) 
Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and
(2) 
Therefore, is a cause of a violation of any requirement of the POTW’s NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions 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 state regulations contained in any state sludge management plan prepared pursuant to subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.
Liquid waste hauler.
Any person who transports wastewater beyond the site of origin within the city.
mg/l.
Milligrams per liter. A weight-to-volume ratio equivalent to parts per million. The mg/l value multiplied by the factor eight and thirty-four hundredths (8.34) shall be equivalent to lbs/MG water.
National Pollutant Discharge Elimination System (NPDES).
The program for issuing, conditioning and denying permits for the discharge of pollutants from point sources into the navigable water, the contiguous zone and the oceans pursuant to section 402 of the act.
National Pollutant Discharge Elimination System (NPDES) permit.
A permit issued pursuant to section 402 of the act (33 U.S.C. 1342) which regulates discharges to “waters of the state.”
Natural outlet.
Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
New source.
Any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under section 307(c) of the act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
(1) 
The building, structure, facility or installation is constructed at a site at which no other source is located;
(2) 
The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
(3) 
The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.
(A) 
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria in this subsection but otherwise alters, replaces, or adds to existing process or production equipment.
(B) 
Construction of a new source as defined under this subsection has commenced if the owner or operator has:
(i) 
Begun, or caused to begin as part of a continuous on-site construction program:
a. 
Any placement, assembly, or installation of facilities or equipment; or
b. 
Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or
(ii) 
Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies, do not constitute a contractual obligation under this subsection.
Normal domestic sewage.
Wastewater excluding industrial wastewater discharged into sanitary sewers and in which the average concentration of total suspended solids does not exceed two hundred twenty (220) mg/l, BOD is not more than two hundred (200) mg/l and COD is not more than eight hundred (800) mg/l.
Overload.
The imposition of organic or hydraulic loading on a treatment facility in excess of its engineered design capacity.
Owner or occupant.
Any person using the lot, parcel of land, building, or premises connected to and discharging sewage into the POTW, and who pays, or is legally responsible for the payment of, water rates or charges made against the lot, parcel of land, building or premises, if connected to the water distribution system of the city, or who would pay or be legally responsible for such payment if so connected.
Pass-through.
The discharge of pollutants through the POTW into waters of the state in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation, including an increase in the magnitude or duration of a violation, of any requirement of the POTW’s NPDES or TCEQ permit or any discharge permit issued by the state.
Permit or discharge permit.
A wastewater discharge permit issued to a significant industrial user to allow a discharge into the POTW.
pH.
The logarithm of the reciprocal of the concentration of hydrogen ions in grams per liter of solution.
Pretreatment charge.
A charge in addition to the sewer charge that enables the city to offset the cost of implementing the pretreatment program, and the surcharge applied to those waste streams whose pollutant concentrations are in excess of normal domestic sewage.
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 a POTW. The reduction or alteration can be obtained by physical, chemical, or biological processes, or process changes or other means, except as prohibited by 40 CFR section 403.6(d).
Pretreatment requirement.
Any substantial or procedural requirement related to pretreatment, other than a national pretreatment standard, imposed on an industrial user.
Pretreatment standards.
All applicable federal rules and regulations implementing section 307 of the act, as well as any nonconflicting state or local standards. In cases of conflicting standards or regulations, the more stringent thereof shall be applied.
Properly shredded garbage.
Garbage that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in the sewer, with no particle greater than one-half (1/2) inch in any dimension.
Publicly owned treatment works (POTW).
A treatment works, as defined by section 212 of the act, which is owned by the city. This definition includes any sewers that convey wastewater to the POTW, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this article, “POTW” shall also include any sewers that convey wastewaters to the city’s sewage collection and treatment system from persons outside the city who are, by contract or agreement with the city, users of the city’s sewage collection and treatment system. This definition also includes any public sludge disposal sites or public sludge handling or treatment structures or equipment.
Public sewer.
A sewer in which all owners of abutting properties have equal rights and interest, and which is controlled by public authority.
Regional administrator.
The administrator of Region 6 of the Environmental Protection Agency.
Sewage.
The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, institutions, and/or industrial facilities, together with such ground, surface, and storm water as may be present, whether treated or untreated, which is discharged or permitted to enter the POTW.
Sewer or sanitary sewer.
A pipe or conduit for conveying sewage, and into which storm, surface, and ground waters are not intentionally admitted.
Significant industrial user.
Any industrial discharger who:
(1) 
Is subject to categorical pretreatment standard under 40 CFR 403.6;
(2) 
Discharges an average of 25,000 gallons per day or more of process wastewater (excluding sanitary, noncontact cooling and boiler blowdown wastewaters) to the POTW;
(3) 
Contributes a process wastestream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant;
(4) 
Has in its wastes toxic pollutants defined pursuant to section 307 of the federal Water Pollution Control Act, and as defined by the state statutes and rules; or
(5) 
Is designated as such by the control authority on the basis that the industrial user has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement. Upon a finding that a noncategorical user has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the control authority may at any time, upon its own initiative or in response to a petition received from a noncategorical industrial user or POTW and with the consent of the approval authority, determine that such industrial user is not a significant industrial user.
Significant violation.
An industrial user is in significant noncompliance if its violations meet one or more of the following criteria:
(1) 
Chronic violations of wastewater discharge limits, defined as those in which sixty-six percent or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;
(2) 
Technical review criteria (TRC) violations, defined as those in which thirty-three percent or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily average maximum limit or the average limit times the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);
(3) 
Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the control authority determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public);
(4) 
Any discharge of a pollutant that has caused imminent endangerment to human health or welfare or to the environment or has resulted in the POTW’s exercise of its emergency authority under 40 CFR 403.8 paragraph (f)(1)(vi)(B) of this section [sic] to halt or prevent such a discharge;
(5) 
Failure to meet, within ninety (90) days after the scheduled date, a compliance schedule milestone contained in a local control mechanism or enforcement order, for starting construction, completing construction, or attaining final compliance;
(6) 
Failure to provide, within thirty (30) days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(7) 
Failure to accurately report noncompliance; or
(8) 
Any other violation or group of violations which the control authority determines will adversely affect the operation or implementation of the local pretreatment program.
Slug load.
Any substance, of a nonroutine episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, released in a discharge at a rate and/or concentration which causes interference to a POTW or any violation of any POTW permit.
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.
Standard Methods.
The examination and analytical procedures set forth in the latest edition of “Standard Methods for the Examination of Water and Sewage” as prepared, approved and published jointly by the American Public Health Association, the American Waterworks Association and the Water Pollution Control Federation.
State.
The State of Texas, including the state commission on environmental quality (TCEQ) or any duly authorized agency thereof having jurisdiction over waters of the state, sewage collection or treatment, or municipal sewage sludge disposal.
Storm sewer or storm drain.
A pipe or conduit for conveying storm and surface waters and drainage, and from which domestic sewage and industrial waste are excluded.
Stormwater.
Any flow occurring during or immediately following any form of natural precipitation, resulting therefrom.
Surcharge.
The charge, in addition to the sewage service charge, which is made on those dischargers whose wastes are greater in strength than the concentration values established as representative of normal domestic sewage.
Suspended solids.
Solids that either float on the surface of or are in suspension in water, sewage or other liquids, and which are removable by laboratory filtration. Quantitative determination of suspended solids shall be expressed in parts per million by weight (milligrams per liter) and made in accordance with procedures set forth in Standard Methods or other EPA-approved method.
Toxic pollutant.
Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provisions of the Clean Water Act, section 307(a), or other legislation.
Unpolluted water.
Water not containing any pollutants limited or prohibited by the effluent standards in effect, or water whose discharge will not cause any violation of receiving water quality standards.
Upset.
Any exceptional incident in which a discharger unintentionally and temporarily fails to comply with the standards established in this article or with the discharger’s permit, due to factors beyond the reasonable control of the discharger, excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or carelessness or improper operation thereof.
User.
Any person who discharges or causes or permits the discharge of wastewater into the city’s wastewater treatment system.
User classification.
A classification of users based on the 1972 (or subsequent) edition of the Standard Industrial Classification (SIC) Manual prepared by the Office of Management and Budget.
Wastewater.
The liquid [or] water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, and stormwater that may be present, whether treated or untreated, which is discharged into or permitted to enter the city’s treatment works.
Wastewater treatment system.
Any devices, facilities, structures, equipment or works owned or used by the city for the purpose of the transmission, storage, treatment, recycling, or reclamation of industrial/commercial and domestic wastes, or necessary to recycle or reuse water at the most economical cost over the estimated life of the system, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power, and other equipment, and their appurtenances; extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land, that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment.
Watercourse.
A channel in which a flow of water occurs, either continuously or intermittently.
Work day.
When used in conjunction with the determination of a significant industrial discharger, the term means any day, or portion thereof, when the discharger is providing any service or producing its product or any part of its product line, or otherwise generating nondomestic wastewaters that may be discharged to the POTW. All other use of this term shall mean any day a nondomestic wastewater discharge occurs.
(b) 
Terms not otherwise defined herein shall be as in the latest EPA approved edition of Standard Methods for the Examination of Water and Wastewater.
(Ordinance 1999-08, sec. 1, adopted 9/23/99)
(a) 
General penalty.
If any person intentionally, knowingly, or recklessly violates any of the provisions of this article or of the city code relating to the sewer service, they shall be guilty of a misdemeanor and, upon conviction in the municipal court, shall be punished by a fine of at least one thousand dollars ($1,000.00) for each offense. Each day on which such a violation shall occur or continue shall be deemed a separate offense.
(b) 
Causing personal injury or property damage.
Any user that willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to the maximum penalty allowable. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
(c) 
Falsification.
Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article or a wastewater discharge permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article, shall, for each offense, be guilty of a misdemeanor and, upon conviction in the municipal court, shall be punished by a fine as provided in section 1.01.009 of this code.
(d) 
Recovery of legal expenses.
In addition to the penalties provided in this section, the city may recover reasonable attorneys’ fees, court costs, court reporters’ fees and other expenses of litigation against any person found to have commented any offense described in subsections (a) and (b) above.
(Ordinance 1999-08, sec. 12, adopted 9/23/99)
(a) 
This article provides for prohibitions on discharges of certain substances into the POTW of the city from all sources, domestic, commercial, or industrial. A further purpose of this article is to set forth uniform requirements for industrial dischargers into the POTW and to enable the control authority to protect the public health in conformity with all applicable state and federal laws relating thereto.
(b) 
The objectives of this article are to:
(1) 
Prevent the introduction of pollutants into the POTW which will interfere with the normal operation of the POTW or contaminate the resulting sludge;
(2) 
Prevent the introduction of pollutants into the POTW which will pass through the POTW, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system; and
(3) 
Improve the opportunity to recycle or reclaim the wastewater and to dispose of, recycle, or reclaim the sludge generated by the POTW.
(c) 
The regulation of discharges into the POTW under this article shall be accomplished through the issuance of permits, as specified herein, and by monitoring and inspection of facilities, according to this article.
(d) 
Parts of this article are enacted pursuant to regulations established by the U.S. Environmental Protection Agency (EPA). All categorical pretreatment standards, lists of toxic pollutants, industrial categories, and other standards and categories which have been promulgated by the EPA are incorporated as a part of this article, as are EPA regulations regarding sewage pretreatment established pursuant to the Clean Water Act. The city shall maintain current standards and regulations which shall be available for inspection and copying.
(e) 
The city shall have the authority to promulgate such administrative regulations as are from time to time necessary for the implementation and enforcement of this article. Public notice of any such proposed regulations shall be published in a newspaper of general circulation in the city at least fourteen (14) days prior to promulgation. After such notice, the city shall give interested persons an opportunity to submit written data, views or arguments, with or without opportunity for oral presentation. After consideration of the relevant matter presented in conjunction with any regulation adopted, the city shall prepare a concise general statement of the basis and purpose of the regulation.
(Ordinance 1999-08, sec. 2, adopted 9/23/99)
(a) 
Pretreatment.
(1) 
The control authority may require a discharger to install, at the discharger’s expense, preliminary treatment or processing facilities as may be necessary to prevent:
(A) 
Pass-through;
(B) 
Interference;
(C) 
A violation of the discharger’s categorical pretreatment standards;
(D) 
Any general or specific discharge prohibition contained in this article;
(E) 
Any adverse effect on the health and safety of personnel maintaining and operating the POTW; and
(F) 
Any unreasonable adverse effect on the POTW.
(2) 
Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated, and maintained at the discharger’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review, and shall be acceptable to the city before construction of the facility. The review of such plans and operating procedures will in no way relieve the discharger from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city prior to the discharger’s initiation of changes.
(3) 
All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or control authority upon request.
(b) 
Grease, oil and sand interceptors.
(1) 
Grease, oil and sand interceptors shall be provided for the proper handling of liquid wastes containing grease in amounts that might obstruct or otherwise interfere with the operation of the POTW, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwellings. All interceptors shall be of a type and capacity approved by the control authority and shall be located so as to be readily and easily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed 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 bolted in place, shall be gastight and watertight. Where installed, all grease, oil and sand interceptors shall be maintained by the owners, at their expense, in continuously efficient operation at all times. Owners shall keep complete records of all cleaning or maintenance of interceptors. A record copy of the invoice for any monthly cleaning and maintenance is to be forwarded to the control authority within ten days of its completion. If necessary, the control authority may establish and require specific interceptor cleaning frequencies for individual owners to be in compliance.
(2) 
Grease traps/grease interceptors shall be installed and properly operated, at the owner's expense, in all food service establishments where preparation of food occurs on the premises, unless otherwise approved for deletion. A grease trap or interceptor shall be located to be easily accessible for cleaning. Grease interceptors/traps shall not be located inside the food establishment unless an enclosed area separated from all food service is approved. Test wells/ports must be permanently identified. Grease interceptors/traps shall be sized based on the Uniform Plumbing Code sizing criteria.
(Ordinance 1999-08, sec. 3, adopted 9/23/99; Ordinance 2023-05 adopted 3/23/2023)
(a) 
Prohibitions on wastewater discharges.
Industrial effluents shall not be discharged into the wastewater treatment system if the nature or volume of the influent causes treatment process upsets, violation of the treatment works effluent limitations, or contamination of municipal sludge, or if other circumstances warrant in order to prevent interference with the plant or pass-through. Specifically, no person shall discharge or deposit or cause or allow to be discharged or deposited into the wastewater treatment system any wastewater which contains the following:
(1) 
Oils and grease.
Wax, grease, plastic, oil, petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass-through, or other substances, whether emulsified or not, which may solidify or become viscous at temperatures between 32 degrees and 150 degrees Fahrenheit (0 degrees and 65 degrees centigrade) at the point of discharge into the system. Oil and grease is herein defined as any material recovered as a substance soluble in trichlorotrifluoroethane. No person shall discharge or cause to be discharged into the POTW any wastewater or other wastes containing free or emulsified oil and grease, or combinations thereof, if in the opinion of the control authority it appears probable that such wastes:
(A) 
Will deposit grease or oil in the sewer lines in such a manner as to clog the sewers;
(B) 
Will overload skimming and grease-handling equipment;
(C) 
Will not be amenable to bacterial action and will therefore pass to the receiving water without being affected by normal sewage treatment processes; or
(D) 
Will have deleterious effect on the treatment process due to the excessive quantities.
(2) 
Explosive mixtures.
Liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the sewerage facilities or to the operation of the system, including, but not limited to, wastestreams with a closed cup flash point of less than 140 degrees F or 60 degrees C using 40 CFR 261.21, are prohibited. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the sewer system, be more than five percent (5%) nor any single reading over ten percent (10%) of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, zylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, and sulfides.
(3) 
Noxious materials.
Noxious or malodorous solids, liquids or gases, in a quantity which, either singly or by interaction with other wastes, is capable of creating a public nuisance or hazard to life, causes acute worker health and safety problems, or may be sufficient to prevent entry into a sewer for its maintenance and repair.
(4) 
Improperly shredded garbage.
Garbage that has not been ground or comminuted to such a degree that all particles will be carried freely in suspension under flow conditions normally prevailing in the public sewers, with no particle greater than one-half (1/2) inch in any dimension.
(5) 
Radioactive wastes.
Radioactive wastes or isotopes of such half-life or concentration that they do not comply with regulations or orders issued by the appropriate authority having control over their use and which will or may cause damage or hazards to the sewerage facilities or personnel operating the system.
(6) 
Solid or viscous wastes.
Solid or viscous wastes which will or may cause obstruction to the flow in a sewer, or otherwise interfere with the proper operation of the wastewater treatment system. Prohibited materials include, but are not limited to, grease, uncomminuted garbage, animal guts or tissues, paunch manure, bones, hair, hides or fleshing, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastic, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, and similar substances.
(7) 
Toxic substances.
Any toxic substances in amounts exceeding standards promulgated by the Administrator of the United States Environmental Protection Agency pursuant to section 307(a) of the act, and chemical elements or compounds which are not susceptible to treatment or which may interfere with the biological processes or efficiency of the treatment system, or that will pass through the system.
(8) 
Unpolluted waters.
Any unpolluted water, including, but not limited to, water of stormwater origin, which will increase the hydraulic load on the treatment system.
(9) 
Discolored material.
Wastes with objectionable color not removable by the treatment process.
(10) 
Corrosive wastes.
Any wastewater having a pH lower than five (5.0) or higher than eleven (11.0), or having any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel of the POTW.
(11) 
Discharge limitations.
Discharge limitations will be determined by a local limit derivation implemented according to EPA guidelines and approved by EPA Region VI. Industrial limitations shall be specified in each industrial control permit. Criteria determining local limits will be reviewed periodically and updated whenever necessary to ensure compliance with EPA guidelines. Each permittee shall be notified at least sixty (60) days in advance of the change.
(12) 
Temperature.
Heat in amounts which will inhibit biological activity in the POTW resulting in interference, but in no case heat in such quantities that the temperature at the POTW exceeds 40° C (104° F) unless the approval authority, upon request of the POTW, approves alternate temperature limits.
(b) 
Right of revision.
National categorical pretreatment standards promulgated by the EPA pursuant to the act shall be met by dischargers of the regulated industrial categories. An application for modification of the national categorical pretreatment standards may be considered for submittal to the regional administrator by the control authority, when the city’s wastewater treatment system achieves consistent removal of the pollutants as defined by 40 CFR 403.7. The city reserves the right to amend this article to provide for more stringent limitations or requirements on discharges to the POTW or to add any applicable government standard where deemed necessary to comply with the objectives set forth in this article.
(c) 
Special agreements.
Nothing in this section shall be construed as preventing any special agreement or arrangement between the city and any user of the wastewater treatment system 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, excluding any federal or state standards.
(d) 
General prohibitions.
(1) 
No person shall discharge, or cause to be discharged, any stormwater, groundwater, roof runoff, subsurface drainage, downspouts, yard drains, yard fountains, ponds, or lawn sprays into any sanitary sewer. Stormwater and all other such unpolluted drainage water shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the control authority;
(2) 
No wastewater may be discharged into any storm sewer within the city; or
(3) 
No wastewater may be discharged into any waters of the state within the city, unless expressly authorized by the state commission on environmental quality and the EPA.
(Ordinance 1999-08, sec. 4, adopted 9/23/99)
(a) 
Enforcement.
If the control authority determines that any person is discharging, or causing to be discharged, to the POTW any wastewater or other substance in violation of the prohibitions in section 13.08.005, the control authority may take enforcement action pursuant to section 13.08.012 of this article.
(b) 
Compliance with standards.
(1) 
Upon the promulgation of the categorical pretreatment standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this article for sources in that subcategory, shall immediately supersede the limitations imposed under this article.
(2) 
State requirements and limitations on discharges to the POTW shall be met by all dischargers which are subject to such standards in any instance in which they are move stringent than federal requirements and limitations or those in this article or any other applicable ordinance.
(3) 
No discharger shall increase the use of process water or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the pretreatment requirements set forth in this article.
(4) 
The control authority may impose mass limitations on dischargers where the imposition of mass limitations is deemed appropriate.
(5) 
Submission of plans.
Where pretreatment or equalization of wastewater flows prior to discharge into any part of the wastewater treatment system is required, plans, specifications and other pertinent data or information relating to such pretreatment or flow-control facilities shall first submitted to the control authority for review and approval. Such approval shall not exempt the discharge or such facilities from compliance with any applicable code, ordinance, rule, regulation or order of any governmental authority. Any subsequent alterations or additions to such pretreatment or flow-control facilities shall not be made without due notice to and prior approval of the control authority.
(6) 
Pretreatment facilities operations.
If pretreatment or control of waste flow is required, such facilities shall be maintained in good working order and operated as efficiently as possible by the owner or operator at their own cost and expense, subject to the requirements of these rules and regulations and all other applicable codes, ordinances, and laws. An industrial user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it is also essential for maintenance to assure efficient operation.
(7) 
Admission to property.
Whenever it shall be necessary for the purposes of these rules and regulations, the control authority, upon the presentation of credentials, may enter upon any property or premises at reasonable times for the purpose of:
(A) 
Copying any records required to be kept under the provisions of this article;
(B) 
Inspecting any monitoring equipment or method; and
(C) 
Sampling any discharge of wastewater to the treatment works. The control authority may enter upon the property at any hour under emergency circumstances.
(c) 
Accidental discharges.
(1) 
Prevention of accidental discharges.
Each discharger shall provide prudent protection from accidental discharge of prohibited materials or other substances regulated by this article. Where necessary, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the discharger’s cost and expense. When applicable, detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the control authority for review, and shall be approved by the control authority before construction of the facility. Each existing discharger as designated by the control authority shall complete its plan and submit same to the control authority within sixty (60) days after the effective date of this article. No designated discharger proposing to connect or contribute any wastewater to the POTW after the effective date of this article shall be permitted to introduce pollutants into the system until accidental discharge protection procedures have been approved by the control authority. Review and approval of such plans and operating procedures by the control authority shall not relieve the discharger from the responsibility to modify its facility as necessary to meet the requirements of this article.
(2) 
Notice of accidental discharges or slug loads.
(A) 
Dischargers shall notify the control authority orally as soon as practicable but not later than within twenty-four (24) hours following the occurrence of a slug load or accidental discharge of substances prohibited by this article. The notification shall include location of discharge, date and time thereof, type of waste, concentration and volume, and corrective actions.
(B) 
A written report shall also be provided within five (5) days of the occurrence. The written report shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and, if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
(C) 
Notification shall not relieve the discharger 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 the discharger of any fines, civil penalties, or other liability which may be imposed by this article or other applicable law.
(3) 
Liability due to accidental discharges or slug loads.
Any discharger who discharges slug loads or prohibited materials shall be liable for any expense, loss, or damage to the POTW caused thereby, in addition to the amount of any fines imposed on the control authority on account thereof under state and federal law.
(4) 
Instructions to employees.
Each employer shall instruct all applicable employees who may cause or discover such a discharge with respect to emergency notification procedures including the proper telephone number and/or extension number of the control authority to be notified.
(d) 
Regulatory actions.
If wastewaters containing any substance described in section 13.08.005 of this article are discharged or proposed to be discharged into the sewer system of the city or to any sewer system tributary thereto, the control authority and city attorney may take any action necessary to:
(1) 
Prohibit the discharge of such wastewater;
(2) 
Require a discharger to demonstrate that in-plant modifications will reduce or eliminate the discharge of such substances in conformity with this article;
(3) 
Require pretreatment, including storage facilities, or flow equalization necessary to reduce or eliminate the objectionable characteristics or substances so that the discharge will not violate these rules and regulations;
(4) 
Require the discharger making, causing or allowing the discharge to pay any additional cost or expense incurred by the city for handling and treating excess loads imposed on the treatment system as well as damage to the POTW and any fines imposed by the control authority; and
(5) 
Take such other remedial action as may be deemed to be desirable or necessary to achieve the purpose of this article.
(Ordinance 1999-08, sec. 5, adopted 9/23/99)
(a) 
Permit required.
It shall be unlawful for a significant industrial user to discharge sewage, industrial wastes or other wastes without a permit issued by the city to any sewer within the jurisdiction of the city, and/or to the POTW.
(b) 
Wastewater discharge data disclosure.
(1) 
All significant industrial users (as defined in section 13.08.001) proposing to connect to or to discharge sewage, industrial wastes or other wastes to the POTW shall obtain a wastewater discharge permit before connecting to or discharging to the POTW. Significance for new users will be determined from information on the customer application.
(2) 
Significant industrial users shall complete and file with the control authority a permit application therefor in the form prescribed by the city. Proposed new significant industrial users shall apply for a wastewater discharge permit at least ninety (90) days prior to connecting to the POTW. Permit applications shall contain the following:
(A) 
Disclosure of name, address, and location of the user.
(B) 
Disclosure of Standard Industrial Classification (SIC) number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.
(C) 
Disclosure of wastewater constituents and characteristics, including but not limited to those mentioned in this article. Sampling and analysis shall be performed in accordance with procedures established by the U.S. EPA and contained in 40 CFR, part 136, as amended.
(D) 
Disclosure of time and duration of discharges.
(E) 
Disclosure of average daily and instantaneous peak wastewater flow rates, in gallons per day, including daily, monthly and seasonal variations, if any. Where actual measurement is not feasible, the control authority may accept verifiable estimates.
(F) 
Disclosure of site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, inspection manholes, sampling chambers and appurtenances by size, location and elevation.
(G) 
Description of activities, facilities and plant processes on the premises, including all materials which are or may be discharged to the sewers or works of the city.
(H) 
Disclosure of the nature and concentration of any pollutants or materials prohibited by this article in the discharge, together with a statement regarding whether or not compliance is being achieved with this article on a consistent basis, and, if not, whether additional operation and maintenance activities and/or additional pretreatment is required for the discharger to comply with this article.
(I) 
Where additional pretreatment and/or operation and maintenance activities will be required to comply with this article, the discharger shall provide a declaration of the shortest schedule by which the discharger will provide such additional pretreatment and/or implementation of additional operational and maintenance activities in accordance with 40 CFR 403.12.
(i) 
The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the discharger to comply with the requirements of this article, including but not limited to dates relating to hiring an engineer, hiring other appropriate personnel, completing final plans, executing contracts for major components, commencing construction, completing construction, and all other acts necessary to achieve compliance with this article.
(ii) 
Under no circumstance shall the control authority permit a time increment for any single step directed toward compliance which exceeds nine (9) months.
(iii) 
Not later than fourteen (14) days following each milestone date in the schedule and the final date for compliance, the discharger shall submit a progress report to the control authority, including no less than a statement as to whether or not it complied with the increment of progress represented by that milestone date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the discharger to return the construction to the approved schedule. In no event shall more than nine (9) months elapse between such progress reports to the control authority.
(J) 
Disclosure of each product produced by type, amount, process or processes and rate of production.
(K) 
Disclosure of the type and amount of raw materials utilized (average and maximum per day).
(L) 
All permit applications for new or modified permits shall be signed by an authorized representative and a qualified licensed professional engineer, and all renewal applications for existing permits shall be signed by a principal executive officer of the discharger.
The control authority will evaluate the complete application and data furnished by the discharger and may require additional information. Within sixty (60) days after full evaluation and acceptance of the data furnished, the control authority shall issue a wastewater discharge permit subject to terms and conditions provided herein.
(3) 
The city reserves the right to amend any wastewater discharge permit issued hereunder in order to assure compliance by the city with applicable laws and regulations. Within nine (9) months of the promulgation of a national categorical pretreatment standard, the wastewater discharge permit of each “discharger” subject to such standards shall be revised to require compliance with such standards within the time frame prescribed by such standards. All national categorical pretreatment standards adopted after the promulgation of this article shall be adopted by the city as part of this article. Where a discharger, subject to a national categorical pretreatment standard, has not previously submitted an application for a wastewater discharge permit as previously required, the discharger shall apply for a wastewater discharge permit from the city within one hundred eighty (180) days after promulgation of the applicable national categorical pretreatment standard by the U.S. EPA. In addition, the discharger with an existing wastewater discharger permit shall submit to the control authority, within one hundred eighty (180) days after the promulgation of an applicable national categorical pretreatment standard, the information required. The discharger shall be informed of any proposed changes in his permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(c) 
Permit conditions.
Wastewater discharge permits shall be subject to all provisions of this article and all other applicable regulations as set forth in 40 CFR 403, industrial waste surcharges, and fees established by the city. Permits shall contain, but not be limited to, the following:
(1) 
The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW.
(2) 
Limits on the average and maximum wastewater constituents and characteristics regulated thereby.
(3) 
Limits on average and maximum rate and time of discharge and/or requirements for flow regulation and equalization.
(4) 
Requirements for installation and maintenance of inspection and sampling facilities.
(5) 
Special conditions as the control authority may reasonably require under particular circumstances of a given discharge, including sampling locations, frequency of sampling, number, types, and standards for tests and reporting schedule.
(6) 
Compliance schedules.
(7) 
Requirements for submission of compliance schedule reports or discharge reports where same differ from those prescribed by this article.
(8) 
Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by 40 CFR 403.12(o), and affording city access thereto.
(9) 
Requirements for notification of the city of any new introduction of wastewater constituents or any substantial change in the volume or character of the constituents being introduced into the wastewater system.
(10) 
Development and implementation of accidental discharge prevention and control plans pursuant to section 13.08.006 of this article.
(11) 
Requirements for notification of excessive, accidental, or slug discharges as per section 13.08.006 of this article.
(12) 
Requirements for inspections and sampling access, either a sampling port or manhole. Where a manhole is required, the opening shall be no less than twenty-four (24) inches in diameter and an internal diameter of no less than thirty-six (36) inches. Where appropriate, flow measuring, recording, and sampling equipment may be required by the control authority to assure compliance with this article.
(13) 
Statement of applicable civil, criminal and administrative penalties for violation of pretreatment standards and requirements and any applicable compliance schedule.
(14) 
Requirement of notice of violation/repeat sampling and reporting. If sampling performed by an significant industrial user indicates a violation, the industrial user must notify the control authority within 24 hours of becoming aware of the violation. The significant industrial user shall repeat the sampling and analysis within 30 days after becoming aware of the violation.
(15) 
Reports of potential problems.
(A) 
In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, which may cause potential problems for the POTW, it is the responsibility of the industrial user to immediately telephone and notify the control authority of the incident. This notification shall include the location of discharge, type of waste, concentration and volume, if known, and corrective actions taken by the industrial user.
(B) 
Within five (5) days following such discharge, the industrial user, unless waived by the control authority, shall submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the industrial user of any fines, civil penalties, or other liability which may be imposed by this article.
(C) 
Failure to notify the control authority of potential problem discharges shall be deemed a separate violation of this article.
(D) 
A notice shall be permanently posted on the industrial user’s bulletin board or other prominent place advising employees who to call in the event of a discharge described in subsection (A) above. Employers shall ensure that all employees who may cause or suffer such a discharge to occur are advised of the emergency notification procedure.
(16) 
Other conditions as deemed appropriate by the city to ensure compliance with this article.
(d) 
Permit duration.
(1) 
Permits shall be issued for a specified time period, not to exceed five (5) years. A permit may be issued for a period less than five (5) years or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of one hundred eighty (180) days prior to the expiration of the discharger’s existing permit.
(2) 
The duration of the permit shall not extend beyond the expiration date of the city’s NPDES permit.
(3) 
Other conditions as deemed appropriate by the control authority to ensure compliance with this article.
(e) 
Permit modifications.
(1) 
The control authority may modify the permit for good cause, including, but not limited to, the following:
(A) 
To incorporate any new or revised federal, state, or local pretreatment standards or requirements;
(B) 
Material or substantial alterations or additions to the discharger’s operation processes, or discharge volume or character which were not considered in drafting the effective permit;
(C) 
A change in any condition in either the industrial user or the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge in order to implement the prohibitions in section 13.08.006 of this article or in order to avoid any other violation of this article;
(D) 
Information indicating that the permitted discharge poses a threat to the control authority’s collection and treatment systems, the POTW’s personnel, or the receiving waters;
(E) 
Violation of any terms or conditions of the permit;
(F) 
Misrepresentation or failure to disclose fully all relevant facts in the permit application or in any required reporting;
(G) 
Revision of or a grant of variance from federal categorical pretreatment standards pursuant to 40 CFR 403.13;
(H) 
To correct typographical or other errors in the permit; or
(I) 
Upon request of the permittee, provided such request does not create a violation of any applicable requirements, standards, laws, or rules and regulations.
(2) 
The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.
(3) 
Any request by the permittee for a modification of its permit shall be in writing and shall be accompanied by all relevant data, documentation, explanations, and other pertinent information.
The control authority shall provide personal notice to the permittee, and published notice if public interest is affected, of any proposed permit modification at least fourteen (14) days prior to decision on the proposed modification. The control authority shall provide the permittee and any requesting interested persons with notice of the final modification decision. Appeal of permit modification decisions may be taken pursuant to the procedures specified for permit appeals in this section.
(f) 
Permit issuance and appeal procedures.
(1) 
Public notification.
The control authority shall provide personal notice to the permittee, and published notice in a newspaper of general circulation in the city, of intent to issue a discharge permit, at least thirty (30) days prior to issuance. The notice shall indicate a location where the draft permit may be reviewed and an address where written comments may be submitted.
(2) 
Permit appeals.
The control authority shall provide all requesting interested persons with notice of final permit decisions. Upon notice by the control authority, any person, including the industrial user, may petition for reconsideration of the terms of the permit within thirty (30) days of the notice.
(A) 
In its petition, the appealing party must indicate any permit provision objected to, the reason for the objection, and the alternative condition, if any, it seeks to be placed in the permit.
(B) 
The effectiveness of the permit shall not be stayed pending a reconsideration by the control authority unless the control authority expressly so indicates.
(C) 
The control authority shall respond in writing to any petition for reconsideration within thirty (30) days.
(D) 
In its response, the control authority shall indicate its decision whether to affirm, vacate, or modify the terms of the permit issued.
(E) 
The control authority’s action upon any petition for reconsideration shall be considered final for purposes of any judicial review.
(g) 
Permit transfer.
Permits may be reassigned or transferred to a new owner and/or operator with prior approval of the control authority.
(1) 
The permittee must give at least thirty (30) days’ advance notice to the control authority.
(2) 
The notice must include a written certification by the new owner which:
(A) 
States that the new owner has no immediate intent to change the facility’s operation and processes;
(B) 
Identifies the specific date on which the transfer is to occur; and
(C) 
Acknowledges full responsibility for complying with the existing permit.
(h) 
Permit termination.
Pretreatment permits may be terminated pursuant to section 13.08.012 for the following reasons:
(1) 
Falsifying self-monitoring reports;
(2) 
Tampering with monitoring equipment;
(3) 
Refusing to allow timely access to the facility premises and records;
(4) 
Failure to meet pretreatment requirements;
(5) 
Failure to pay penalties imposed pursuant to section 13.08.002 of this article;
(6) 
Failure to pay sewer charges; or
(7) 
Failure to meet compliance schedules.
(i) 
Permit reissuance.
The discharger shall apply for permit reissuance by submitting a complete permit application a minimum of one hundred eighty (180) days prior to the expiration of the discharger’s existing permit.
(j) 
Continuation of expired permits.
An expired permit will continue to be effective and enforceable until the permit is reissued if:
(1) 
The discharger has submitted a complete permit application at least ninety (90) days prior to the expiration date of the discharger’s existing permit; and
(2) 
The failure to reissue the permit prior to expiration of the previous permit is not due to any act or failure to act on the part of the discharger.
(k) 
Petition for relief from permitting requirement.
Any discharger under a permit issued pursuant to this section may petition the control authority to find that:
(1) 
The discharger no longer meets any of the criteria to be a significant industrial user as defined in section 13.08.001;
(2) 
The discharger has not met any of those criteria for the immediately preceding three (3) years; or
(3) 
The discharger can prove that there is no reasonable cause to continue monitoring the outfall.
The petitioning discharger shall produce all information relevant to the requested findings. The control authority shall afford reasonable opportunity for a hearing on any relevant factual issues upon request of the petitioning discharger. If the control authority finds that the discharger does not meet any of the criteria to be a significant industrial user as defined in section 13.08.001 and that the discharger has not met any of those criteria for the immediately preceding three (3) years, or that there is no longer any need to monitor the discharge, the control authority shall cancel any existing permit issued to the discharger, and the discharger shall be relieved of any further obligation to comply therewith. No such permit cancellation shall affect any later determination that a discharger subsequently meets the criteria for a significant industrial user.
(l) 
Liquid waste hauler permits.
(1) 
No person shall introduce into the city sanitary sewer any substance which is drained, flushed, or cleaned out of any tanks or basins containing chemical liquid wastes, septic tank wastes, oil and grease trap wastes, or any other type of domestic or nondomestic liquid wastes within the city unless such person is issued a permit by the control authority authorizing such acts or services.
(2) 
No such liquid waste hauler shall discharge of wastewater or any other waste into the POTW in violation of the standards, limitations, and/or other requirements specified in this article.
(3) 
Any disposal site within the city, and any method of disposal, must be approved by the control authority. Copies of trip tickets shall be maintained and made available for inspection at any reasonable time.
(4) 
Any liquid waste hauler who is a significant industrial user shall also obtain a discharge permit pursuant to this section.
(Ordinance 1999-08, sec. 6, adopted 9/23/99; Ordinance adopting Code)
(a) 
General provisions.
(1) 
Each significant industrial user shall provide and operate, at their own expense, a monitoring facility to allow inspection, sampling, and flow measurement of each sewer discharge to the city. Each monitoring facility shall be situated on the discharger’s premises, except, where such a location would be impractical or cause undue hardship on the discharger, the control authority may concur with the facility being constructed in the public street or sidewalk area providing that the facility is located so that it will not be obstructed by landscaping or parked vehicles. There shall be ample room in or near such sampling facility to allow accurate sampling and preparation of samples for analysis. The facility and sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the discharger.
(2) 
All monitoring facilities must have the prior approval of the control authority and shall be constructed and maintained in accordance with all applicable local construction standards and specifications. Construction shall be completed within one hundred twenty (120) days of receipt of the permit by the discharger.
(b) 
Inspections and sampling.
(1) 
The control authority may inspect the facilities of any discharger to determine compliance with the requirements of this article. The discharger shall allow the control authority or its representatives to enter upon the premises of the discharger at all reasonable times, for the purposes of inspection, sampling, or examination of records. Any employee, agent, or other representative of the control authority who enters shall observe the establishment’s rules and regulations concerning safety, internal security, and fire protection, and, if the property has management in residence, shall notify management or the person then in charge of their presence and shall exhibit proper credentials. The control authority shall have the right to set up on the discharger’s property such devices as are reasonably necessary to conduct sampling, inspection, compliance monitoring, metering and/or measuring operations.
(2) 
Any discharges of wastewater or other waste into the POTW shall be subject to inspection and/or sampling as often as may be deemed necessary by the control authority but at a minimum frequency of once per year. Samples shall be collected in such manner as to be representative of the character and concentration of the wastewater or waste under operating conditions. If requested, the control authority shall provide the discharger with a split set of all discharge samples taken. The laboratory methods used in the examination of said waste shall be Standard Methods and/or those set forth in 40 CFR, part 136. Regular inspections and/or sampling shall be conducted at such times and on such schedules as may be established by the control authority. Should a discharger desire that a scheduled inspection and/or sampling be conducted at some time other than that scheduled by the control authority, such inspection and/or sampling may be conducted by the control authority at the expense of the discharger.
(3) 
Unscheduled inspections may be conducted whenever deemed by the control authority to be reasonably necessary to ensure that the terms of this article are complied with.
(4) 
The failure or refusal of a discharger to allow the access required by this section shall be grounds for the disconnection of water and/or sewer service to the discharger’s facility, pursuant to the provisions of this article applicable.
(c) 
Determination of flow.
(1) 
The water consumption during the previous month, as determined from the meter records of the city water department, shall be the basis for computing the sewage flow from any discharger, unless actual sewage flow is measured by a recording meter of a type approved by the control authority. The discharger shall install and maintain such recording meter in proper condition to accurately measure such flow. Upon failure to do so, the water consumption shall be the basis for computing the sewage flow.
(2) 
When water is contained in a product or is evaporated or is discharged as unpolluted wastewater in an uncontaminated condition to surface drainage (in compliance with this article and all state and federal law), an application may be made for a reduction in the computed volume of waste discharged to the POTW, provided supporting data satisfactory to the control authority is furnished. Such data shall include a flow diagram and other indication of the destination of water supply and/or wastewater, supported by data from meters installed on such process piping at the expense of the discharger.
(3) 
Any discharger who procures any part or all of his water supply from a source or sources other than the city, any of which is discharged into the POTW, shall install and maintain at his expense an effluent meter and/or other flow measuring device of a type approved by the control authority for the purpose of determining the proper volume of flow to be used in computing sewer flow. Such meters or measuring devices shall be read monthly.
(Ordinance 1999-08, sec. 7, adopted 9/23/99)
(a) 
Baseline report.
Within one hundred eighty (180) days following the effective date for any applicable categorical pretreatment standard or ninety days (90) prior to commencement of the introduction of wastewater into the POTW by a new significant industrial user, any significant industrial user subject to a categorical pretreatment standard shall submit to the control authority a report, indicating the nature and concentration of all prohibited or regulated substances contained in its discharge, and the average and maximum daily flow in gallons. The report from existing significant industrial users shall state whether the applicable categorical pretreatment standards and pretreatment requirements are being met on a consistent basis, and, if not, what additional operations and maintenance (O&M) and/or pretreatment is necessary to bring the discharger into compliance with the applicable categorical pretreatment standards and pretreatment requirements. This statement shall be signed by an authorized representative of the discharger, and certified by a qualified professional.
(b) 
Compliance date report.
Within ninety (90) days following the date for final compliance by a significant industrial user with an applicable categorical pretreatment standard, or ninety (90) days following commencement of the introduction of wastewater into the POTW by a new significant industrial user, any significant industrial user subject to a categorical pretreatment standard shall submit to the control authority a report indicating the nature and concentration of all prohibited or regulated substances contained in its discharge, and the average and maximum daily flow in gallons. The report shall state whether the applicable pretreatment standards and requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the discharger into compliance with the applicable pretreatment standards and requirements. This statement shall be signed by an authorized representative of the discharger, and certified to by a qualified professional.
(c) 
Periodic compliance reports.
Any significant industrial user subject to a categorical pretreatment standard or requested by the control authority shall submit to the control authority, during the months of June and December of each year, a report indicating the nature and concentration of prohibited and regulated substances in the effluent which are limited by the pretreatment standards or requirements. In addition, this report shall include a record of all measured or estimated average and maximum daily flows which, during the reporting period, exceeded the average daily flow specified in the discharger’s permit. Flows shall be reported on the basis of actual measurement; provided, however, where cost or feasibility considerations justify, the control authority may accept reports of average and maximum flows estimated by verifiable techniques. The control authority, taking into consideration such factors as local high or low flow rates, holidays, budget cycles, or other extenuating factors, may authorize the submission of said reports on months other than those specified above.
(d) 
Significant industrial discharge reports.
Reports of significant industrial users shall contain all results of sampling and analysis of the discharge, including the flow rate, the nature and concentration of the constituents, or the production and mass of the constituents, where required by the control authority. The frequency of monitoring by the discharger shall be as prescribed in the applicable categorical pretreatment standard or in this article, or more frequently as specified by the control authority. Sampling shall be done in accordance with Standard Methods and 40 CFR, part 136.
(e) 
Applicability of reports.
The reporting requirements specified in this section as applicable to significant industrial users who are subject to categorical pretreatment standards shall also apply to any other significant industrial discharger upon whom the control authority imposes such reporting requirements.
(Ordinance 1999-08, sec. 8, adopted 9/23/99)
(a) 
Submission of confidential information.
All information and data submitted by a discharger to the control authority may be submitted to the Environmental Protection Agency pursuant to the Clean Water Act and the regulations promulgated by the EPA governing the POTW. Such information shall be considered subject to public disclosure; provided, however, that the discharger may request that information not be subject to public disclosure, in accordance with 40 CFR part 2, as follows:
(1) 
A discharger may assert a business confidentiality claim covering part or all of the information, in a manner described below, and that information covered by such a claim will be disclosed only by means of the procedure set forth below; or
(2) 
If no claim of business confidentially is asserted, all information will be subject to public disclosure without further notice to the discharger.
(b) 
Method and time of asserting business confidentiality claim.
A discharger which is submitting information to the control authority may assert a business confidentiality claim covering the information by placing on (or attaching to) the information, at the time it is submitted to the control authority, a cover sheet, stamped or typed legend, or other suitable form of notice employing language such as “trade secret,” “proprietary,” or “company confidential.” Allegedly confidential portions of otherwise nonconfidential documents should be clearly identified by the discharger, and may be submitted separately to facilitate identification and handling by the control authority. If the discharger desires confidential treatment only until a certain date or until the occurrence of a certain event, the notice should so state.
(c) 
Effluent disclosure.
Nothing in this section shall prevent the disclosure of information and data regarding the nature and content of a discharger’s effluent, the frequency of discharge, or a standard or limitation to be met by the discharger, and this information shall be available to the public with no restrictions.
(Ordinance 1999-08, sec. 9, adopted 9/23/99)
(a) 
Excessive strength discharge.
Persons discharging wastes or wastewaters which exhibit none of the characteristics of wastes prohibited in section 13.08.005 except that BOD, COD, or suspended solids concentrations are greater than that of “normal domestic sewage” as defined in section 13.08.001 may be required to pretreat the industrial wastes to meet the requirements of “normal domestic sewage”; however, such wastes may be accepted for treatment if all the following requirements are met:
(1) 
The wastes will not cause damage to the collection system;
(2) 
The wastes will not cause interference to the treatment process; and
(3) 
The donor of wastes enters into a contractual agreement with the city providing for a surcharge over and above published water and sewer rates.
(b) 
Surcharge formula.
(1) 
The basis for surcharge on industrial waste shall be determined by the following formula:
WS = (8.34 x 10-6) (V) [(TCB)(B - 200) + (TCS)(S - 220)]
Where:
WS
=
Waste surcharge to user in dollars to be added to monthly billing for sewer.
TCB
=
Treatment cost for BOD.
B
=
BOD strength index in mg/l.
200
=
Normal BOD strength in mg/l.
TCS
=
Treatment cost for TSS.
S
=
Suspended solids strength index in mg/l.
220
=
Normal suspended solids strength in mg/l.
8.34
=
Factor converting mg/l to pounds/gallons.
(2) 
In certain cases COD will be substituted for BOD, in which case the terms are changed as follows:
WS = (8.34 x 10-6) (V) [(TCC)(B - 800) + (TCS)(C - 800)]
Where:
TCC
=
Treatment cost for COD.
C
=
Chemical oxygen demand in mg/l.
800
=
Normal COD strength in mg/l.
(c) 
Surcharge billing.
Industrial waste surcharges provided for in this article shall be included as a separate item on the regular bill for water and sewer charges and shall be paid monthly in accordance with the existing practices. Surcharges will be paid at the same time that other applicable utility charges of the persons become due. The control authority shall specify in each bill the determination of the amount due for all surcharges. Payment for the utility charges shall not be accepted without payment also of surcharges.
(Ordinance 1999-08, sec. 10, adopted 9/23/99)
(a) 
Revocation of permit.
In accordance with the procedures in this section, the control authority may revoke the permit of any discharger which:
(1) 
Fails to factually report the wastewater constituents and characteristics of its discharge;
(2) 
Fails to report significant changes in wastewater constituents or characteristics;
(3) 
Refuses to allow reasonable and timely access to the discharger’s premises by representatives of the control authority for the purpose of inspection or monitoring;
(4) 
Fails to fulfill the conditions of its permit;
(5) 
Fails to meet pretreatment requirements;
(6) 
Fails to pay penalties imposed pursuant to section 13.08.002 of this article;
(7) 
Fails to pay bills for sewer services; or
(8) 
Fails to meet compliance schedules.
(b) 
Notification of violation.
Whenever the control authority finds that any discharger has violated or is violating this article or its discharge permit, the control authority may serve or cause to be served upon such discharger a written notice, either by personal delivery or by certified or registered mail, return receipt requested, stating the nature of the alleged violation. Within thirty (30) days of the date of the notice, the discharger shall respond in person or in writing to the control authority, stating its position with respect to the notice of violation. Thereafter, the parties shall meet to discuss the occurrence of the violation or violations alleged and, where necessary, establish a plan for the satisfactory correction thereof.
(c) 
Show-cause hearing.
Where any violation of a permit or this article is not corrected by means of administrative adjustment as described in subsection (b), the control authority may order any violating discharger to show cause, before the control authority or its duly authorized representative, why the proposed enforcement action should not be taken. A written notice shall be served on the discharger by personal service, certified or registered mail, return receipt requested, specifying the time and place of a hearing to be held by the control authority or its designee regarding the violation, the reasons why the enforcement action is to be taken, and the proposed enforcement action, and directing the discharger to show cause before the authority or its designee why the proposed enforcement action should not be taken. The notice of the hearing shall be served no less than ten (10) days before the hearing. Service may be made on any agent, officer, or authorized representative of the discharger. The control authority of the control authority [sic] may themselves conduct the hearing and take the evidence, or may designate any employee of the city or any specially appointed attorney or engineer to:
(1) 
Issue in the name of the city notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearing;
(2) 
Take the evidence; and
(3) 
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the control authority for action thereon.
At any hearing held pursuant to this section, testimony taken must be under oath and recorded. Any party is entitled to present their case or defense by oral or documentary evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. A transcript will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.
(d) 
Action following show-cause hearing.
After the control authority has reviewed the evidence, it may issue an order to the discharger responsible for any violation found to have been committed, directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed or existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued, including revocation or suspension of any discharge permit.
(e) 
Right to appeal.
Following the entry of the order by the control authority with respect to the conduct of a discharger, the discharger may file an appeal in an appropriate court of competent jurisdiction challenging the control authority’s order.
(f) 
Emergency suspension of service or discharge permit.
(1) 
The control authority may suspend the wastewater treatment service and/or a wastewater discharge permit when such suspension is necessary, in the opinion of the control authority, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment, causes interference to the POTW, or causes the city to violate any condition of its NPDES permit. Also, the control authority may suspend wastewater treatment service and/or a wastewater discharge permit whenever acids and chemicals damaging the sewer lines or treatment processes are released to the sewer causing rapid deterioration of such structures or interfering with proper treatment of sewage.
(2) 
Any discharger notified of a suspension of the wastewater treatment service and/or its wastewater discharge permit shall immediately stop or eliminate the offending discharge. In the event of a failure of the discharger to comply voluntarily with the suspension order, the control authority shall take such steps as deemed necessary, including immediate disconnection of the discharger’s sewer and/or water service connection, to prevent or minimize damage to the POTW system or endangerment to any individuals or the environment.
(3) 
In the case of emergency disconnection of service, the control authority shall make reasonable attempts to notify the discharger or user of the premises where such offending discharge is generated before disconnecting the water or sewer service line. The party whose service has been disconnected shall have an opportunity for a hearing on the issue of the offending discharge and the disconnection as soon as possible after such disconnection has taken place.
(4) 
The control authority shall reinstate the wastewater discharge permit and/or the wastewater treatment and/or water service upon proof of the elimination of the offending discharge. A detailed written statement by the discharger describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the control authority within 15 days of the date of the occurrence. The city water and/or wastewater service shall be reconnected only at the discharger’s expense.
(g) 
Legal action.
(1) 
Any discharge in violation of the substantive provisions of this article or an order of the city council shall be considered a public nuisance.
(2) 
If any person discharges wastewater or other wastes into the city’s POTW contrary to the provisions of this article, federal or state pretreatment requirements, or any order of the city, the city attorney may commence an action for appropriate legal and/or equitable relief in any court of competent jurisdiction.
(h) 
Protection from damage.
No unauthorized person shall maliciously or willfully break, damage, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the municipal sewage works, or [perform] any action which knowingly endangers the public or city personnel. Any person violating this provision shall be subject to immediate arrest under the charge of disorderly conduct.
(i) 
Recovery of costs incurred by control authority.
Any discharger violating any of the provisions of this article, or causing damage to or impairing the city’s wastewater disposal system, shall be liable to the city for any expense, loss, or damage caused by such violation or discharge. The city shall bill the discharger for the costs incurred by the city for any cleaning, repair, or replacement work caused by the violation or discharge.
(j) 
Upsets.
(1) 
Any discharger which experiences an upset in operations which places the discharger in a temporary state of noncompliance with this article shall inform the control authority thereof orally as soon as practicable but not later than within twenty-four (24) hours of first awareness of the commencement of the upset. A written report shall also be filed by the discharger with the control authority within five (5) working days. The report shall specify:
(A) 
Description of the upset, the cause thereof, and the upset’s impact on a discharger’s compliance status;
(B) 
Duration of noncompliance, including exact dates and times of noncompliance, and, if the noncompliance continues, the time by which compliance is reasonably expected to occur; and
(C) 
All steps taken or to be taken to reduce, eliminate, and prevent recurrence of such an upset or other condition of noncompliance.
(2) 
The control authority may waive the written report on a case-by-case basis if an oral report has been received within twenty-four (24) hours.
(3) 
An upset constitutes an affirmative defense to any enforcement action brought by the control authority against a discharger for any noncompliance with this article occurring during the period of the upset if the discharger demonstrates, through properly signed, contemporaneous operating logs, or other relevant evidence, that:
(A) 
An upset occurred and that the discharger can identify the cause(s) of the upset;
(B) 
The discharging facility was at the time being properly operated;
(C) 
The discharger submitted the twenty-four-hour notice and written report as required by subsection (j) of this section; and
(D) 
The discharger has taken all reasonable steps to minimize or prevent any discharge in violation of its permit or this article which had a reasonable likelihood of adversely affecting human health or the environment.
(k) 
Harmful contributions.
The city may suspend the water or wastewater treatment service and/or a wastewater discharge permit when such suspension is necessary, in the opinion of the city, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment, causes interference to POTW or causes the city to violate any condition of its NPDES permit. Any person notified of a suspension of the water or wastewater treatment service and/or the wastewater discharge permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the city shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The city shall reinstate the wastewater discharge permit and/or the water or wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the discharger describing the measures taken to prevent any future occurrence shall be submitted to the city within fifteen (15) days of the date of occurrence.
(l) 
Variances.
A discharger may apply to the city for a variance from any discharge limitation specified in section 13.08.006 of this article. The city may grant such a variance if the discharge limitation does not prevent and is not designed to prevent:
(1) 
Pass-through;
(2) 
Interference;
(3) 
A violation of the discharger’s categorical pretreatment standards;
(4) 
Any adverse damage to the health and safety of personnel maintaining and operating the POTW; or
(5) 
Any exceedance of the criteria for water quality developed by the EPA pursuant to section 304 of the Clean Water Act, 33 U.S.C. 1314.
(m) 
Public participation.
The control authority will comply with the public participation requirements of 40 CFR part 25 in the enforcement of national pretreatment standards. These procedures shall include provision for at least annually providing public notification, in the largest daily newspaper published in the municipality in which the POTW is located, of industrial users which, during the previous 12 months, were determined to be in significant noncompliance, as defined in section 13.08.001.
(Ordinance 1999-08, sec. 11, adopted 9/23/99; Ordinance adopting Code)
The control authority reserves the right to amend this article to provide for more or less stringent limitations or requirements on discharges to the POTW where deemed necessary to comply with the objectives set forth in this article.
(Ordinance 1999-08, sec. 13, adopted 9/23/99)