All premises with plumbing appliances located within two hundred
(200) feet of the sewer system shall make the necessary arrangements
to connect such appliances and premises with the control authority’s
sewer system.
(1965 Code, sec. 19-36; 1989 Code,
sec. 18-66; Ordinance 062121 adopted 6/21/21)
It shall be unlawful for any person to allow any sewage water,
wash water, or any water containing grease, lubricating oil, gasoline,
crude oil, kerosene, or any foreign substance that causes or may cause
an offensive odor, to drain or be discharged on the surface of the
ground or into any ditch or stream within the control authority.
(1965 Code, sec. 19-37; 1989 Code,
sec. 18-67; Ordinance 062121 adopted 6/21/21)
The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section (except where
the context clearly indicates a different meaning):
If the user is a corporation:
The president, secretary, treasurer, or a vice-president of
the corporation in charge of a principal business function, or any
other person who performs similar policy or decision-making functions
for the corporation.
The manager of one or more manufacturing, production, or operating
facilities provided the manager is authorized to make management decisions
that govern the operation of the regulated facility. This would include
having the explicit or implicit duty of making major capital investment
recommendations and initiate and direct other comprehensive measures
to assure long-term environmental compliance with environmental laws
and regulations. The manager can ensure the necessary systems are
established or actions taken to gather complete and accurate information
for individual wastewater discharge permit requirements and where
authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures.
If the user is a partnership or sole proprietorship: A general
partner or proprietor, respectively.
If the user is a federal, state, or local governmental facility:
A director or highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility, or its designee.
The individuals described in subsections (1) through (3) above, may designate a duly authorized representative if all of the following are met:
Authorization is in writing.
The authorization specifies the individual or position responsible
for the overall operation of the facility from which the discharge
originates or having overall responsibility for environmental matters
for the company.
The written authorization is submitted to the control authority.
The quantity of oxygen by weight, expressed in milligrams
per liter (mg/l), used in the biochemical oxidation of organic matter
under standard laboratory conditions for five (5) days at a temperature
of twenty (20) degrees Celsius.
The extension from the building drain to the public sewer
or other place of disposal (also called house lateral and house connection).
A user subject to a categorical pretreatment standard (defined)
or categorical standard (defined).
A measure 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 BOD. This could
be simplified to: A measure of the oxygen required to oxidize all
compounds, both organic and inorganic, in water.
The City of Schulenburg, Texas.
A manhole giving access to a building sewer at some point
before the building sewer discharge mixes with other discharges in
the public sewer.
A point of access to a course of discharge before the discharge
mixes with other discharges in the public sewer.
Animal and vegetable wastes; residue from preparation, cooking,
and dispensing of food; and from the handling, processing, storage
and sale of food products and produce.
A sample taken from a wastestream without regard to the flow
in the wastestream over a period of time (not to exceed fifteen (15)
minutes).
Waste resulting from any process of industry, manufacturing,
trade, or business, from the development of any natural resource,
any mixture of the waste with water or normal wastewater, or distinct
from normal wastewater.
The charge assessed to those persons who discharge industrial
wastes into the control authority’s sewer system.
A discharge that, alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the wastewater
treatment plant (WWTP), its treatment processes, operations, sludge
processes, use, or disposal; and, therefore, is a cause of a violation
of the control authority’s national pollutant discharge elimination
system (NPDES) permit, of the prevention of sewage sludge use or disposal
in compliance with any statutory or regulatory provisions or permits
issued, or any more stringent state or local regulations.
Specific discharge limits developed and enforced by the control
authority’s upon industrial or commercial facilities to implement
the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1)
and (b).
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes, and dialysis
wastes.
Defined also as parts per million and is a weight-to-volume
ratio; the milligram-per-liter value multiplied by the factor 8.34
shall be equivalent to pounds per million gallons of water.
Any outlet into a watercourse, ditch, lake, or other body
of surface water or groundwater.
Wastewater excluding industrial wastewater discharged by
a person into sanitary sewers where the average concentration of total
suspended solids is not more than two hundred (200) mg/l and BOD is
not more than two hundred (200) mg/l.
The imposition of organic or hydraulic loading on a treatment
facility in excess of its engineered design capacity.
A discharge that exits the publicly-owned treatment works
(POTW) into waters of the United States in quantities or concentrations
that, alone or in conjunction with a discharge or discharges from
other sources, is a cause of a violation of any requirement of the
control authority’s NPDES permit, including an increase in the
magnitude or duration of a violation.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity, or any other legal entity, or its legal representatives, agents,
or assigns. This definition includes all federal, state, and local
governmental entities.
The reciprocal of the logarithm (base 10) of the hydrogen
ion concentration expressed in grams per liter.
Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, medical wastes, chemical
wastes, biological materials, radioactive materials, heat, wrecked
or discarded equipment, rock, sand, cellar dirt, municipal, agricultural
and industrial wastes, and certain characteristics of wastewater (e.g.,
pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
A pipe or conduit carrying wastewater or unpolluted drainage
in which owners of abutting properties shall have the use, subject
to control by the control authority’s.
A public sewer that conveys domestic wastewater, industrial
wastes, or a combination of both, and, into which, stormwater, surface
water, groundwater, and other unpolluted wastes are not intentionally
passed.
Any discharge at a flow rate or concentration that could cause a violation of the prohibited discharge standards in section 13.04.042 of this division. A slug discharge is any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge that has a reasonable potential to cause interference or pass through, or, in any other way, violate the WWTPs regulations, local limits or permit conditions.
The examination and analytical procedures set forth in the
latest edition, at the time of analysis, of standard methods for the
examination of water and wastewater, as prepared, approved, and published
jointly by the American Public Health Association, the American Water
Works Association, and the Water Environment Federation.
A public sewer that carries storm and surface waters and
drainage and, into which, domestic wastewater or industrial wastes
are not intentionally passed.
Rainfall or any other forms of precipitation.
The control authority administrator, wastewater superintendent
of the control authority, or its duly authorized representative.
Solids measured in mg/l that either float on the surface
of, or are in suspension in, water, wastewater, or other liquids,
and are largely removable by a laboratory filtration device.
A device designed to skim, settle, or otherwise remove grease,
oil, sand, flammable wastes, or other harmful substances.
A source of indirect discharge.
Rejected, unused, or superfluous substances in liquid, gaseous,
or solid form resulting from domestic, agricultural, commercial, or
industrial activities.
Liquid and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which
are contributed to the wastewater facilities.
Includes all devices, systems, or facilities owned by the
control authority used for collection, conveying, pumping, storing,
treating, recycling, and disposing of wastewater and industrial wastes.
The charge on all users of the public sewer system whose
wastes do not exceed (in strength) the concentration values established
as representative of normal wastewater.
Any control authority-owned facilities, devices, and structures
used for receiving, processing and treating wastewater, industrial
waste, and sludges from the sanitary sewers.
A natural or manmade channel in which a flow of water occurs,
either continuously or intermittently.
(Ordinance adopted 2/3/76, sec.
1; 1989 Code, sec. 18-81; Ordinance 062121 adopted 6/21/21)
(a)
General prohibitions.
No user shall introduce or cause
to be introduced into the wastewater facilities any pollutant or wastewater
that causes pass through or interference. These general prohibitions
apply to all users of the wastewater facilities whether or not they
are subject to categorical pretreatment standards or any other national,
state, or local pretreatment standards or requirements.
(b)
Specific prohibitions.
No user shall introduce or cause
to be introduced into the wastewater facilities the following pollutants,
substances, or wastewater:
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(Note: Specific prohibition 1 through 8 are mandatory for required
pretreatment programs.)
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(1)
Pollutants that create a fire or explosive hazard in the POTW, including,
but not limited to, wastestreams with a closed-cup flashpoint of less
than 140 degrees Fahrenheit (F) (60 degrees Celsius (C)) using the
test methods specified in 40 CFR 261.21.
(2)
Wastewater having a pH less than 5.0 or more than 9.5, or otherwise
causing corrosive structural damage to the POTW or equipment.
(3)
Solid or viscous substances in amounts that will cause obstruction
of the flow in the wastewater facilities resulting in interference
but in no case solids greater than one-half inch (1/2") or 1.27 centimeters
(1.27 cm) in any dimension.
(4)
Pollutants, including oxygen-demanding pollutants (such as BOD or
COD), released in a discharge at a flow rate and/or pollutant concentration
which, either singly or by interaction with other pollutants, will
cause interference with the WWTP.
(5)
Wastewater having a temperature greater than 104 degrees F (40 degrees
C), or that will inhibit biological activity in the WWTP resulting
in interference.
(6)
Petroleum oil, nonbiodegradable cutting oil, or products of mineral
oil origin, in amounts that will cause interference or pass through.
(7)
Pollutants that result in the presence of toxic gases, vapors, or
fumes within the wastewater facilities in a quantity that may cause
acute worker health and safety problems.
(8)
Trucked or hauled pollutants, except at discharge points designated
by the superintendent in accordance with this division.
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(Note: Specific prohibition 9 through 16 are optional for required
pretreatment programs.)
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(9)
Noxious or malodorous liquids, gases, solids, or other wastewater
that, either singly or by interaction with other wastes, are sufficient
to create a public nuisance or a hazard to life or prevent entry into
the sewers for maintenance or repair.
(10)
Wastewater that imparts color which cannot be removed by the treatment
process such as, but not limited to, dye wastes and vegetable tanning
solutions, which consequently imparts color to the WWTPs effluent,
thereby violating the control authority’s NPDES permit.
(11)
Wastewater containing any radioactive wastes or isotopes except in
compliance with applicable state or federal regulations.
(12)
Stormwater, surface water, groundwater, artesian well water, roof
runoff, subsurface drainage, swimming pool drainage, condensate, deionized
water, noncontact cooling water, and unpolluted wastewater, unless
specifically authorized by the superintendent.
(13)
Sludges, screenings, or other residues from the pretreatment of industrial
wastes.
(14)
Medical wastes, except as specifically authorized by the superintendent
in an individual wastewater discharge permit.
(15)
Wastewater causing, alone or in conjunction with other sources, the
WWTPs effluent to fail a toxicity test.
(16)
Detergents, surface active agents, or other substances that might
cause excessive foaming in the wastewater facilities.
(17)
Chemical discharges including the following:
(A)
Cyanide greater than one (1) mg/l.
(B)
Fluoride other than that contained in the public water supply.
(C)
Chlorides in concentrations greater than two hundred fifty (250)
mg/l.
(D)
Gasoline, benzene, naphtha, fuel oil, or other flammable or
explosive liquid, solid, or gas.
(E)
Substances causing an excessive COD.
(F)
Strong acid, iron pickling waste, or concentrated plating solutions,
whether neutralized or not.
(G)
Fats, wax, grease or oils, whether emulsified or not, in excess
of one hundred (100) mg/l or containing substances that may solidify
or become viscous at temperatures between thirty-two (32) and one
hundred fifty (150) degrees F (0 and sixty-five (65) degrees C).
(H)
Objectionable or toxic substances exerting an excessive chlorine
requirement to such degree that any such material received in the
composite wastewater at the wastewater treatment works exceeds the
limits established by the control authority for such materials.
(I)
Obnoxious, toxic, or poisonous solids, liquids, or gases in
quantities sufficient to violate the provisions of this section.
(J)
All waste, wastewater, or other substances containing phenols,
hydrogen sulfide, or other taste-and odor-producing substances shall
not be discharged.
(c)
The control authority shall regulate the flow and concentration of
slugs when the following apply:
(d)
The superintendent may require any user to develop, submit for approval,
and implement such a plan or take such other action necessary to control
slug discharges. Alternatively, the superintendent may develop such
a plan for any user.
(e)
No person may discharge solid or viscous substances into public sewers that may violate subsection (a) above if present in sufficient quantity or size, including, but not limited to, the following:
(1)
Ashes;
(2)
Cinders;
(3)
Sand;
(4)
Mud;
(5)
Straw;
(6)
Shavings;
(7)
Metal;
(8)
Glass;
(9)
Rags;
(10)
Feathers;
(11)
Tar;
(12)
Plastics;
(13)
Wood;
(14)
Unground garbage;
(15)
Whole blood;
(16)
Paunch manure;
(17)
Hair and fleshings;
(18)
Entrails;
(19)
Paper products (either whole or ground by garbage grinders);
(20)
Slops;
(21)
Chemical residues;
(22)
Paint residues;
(23)
Bulk solids.
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Pollutants, substances, or wastewater prohibited by this section
shall not be processed or stored in such a manner that they could
be discharged to the WWTP.
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(Ordinance adopted 2/3/76, secs.
2, 3; 1989 Code, secs. 18-82, 18-83; Ordinance 062121 adopted 6/21/21; Ordinance 062121 adopted 6/21/21)
(a)
The following limits are established to protect against pass through
and interference, and to protect biosolids disposal. No discharges
shall contain the following maximum allowable concentrations in excess:
(1)
Arsenic: 0.05 mg/l;
(2)
Barium: 5.0 mg/l;
(3)
Boron: 1.0 mg/l;
(4)
Cadmium: 0.02 mg/l;
(5)
Chromium (total): 5.0 mg/l;
(6)
Copper: 1.0 mg/l;
(7)
Lead: 0.1 mg/l;
(8)
Manganese: 1.0 mg/l;
(9)
Mercury: 0.005 mg/l;
(10)
Nickel: 1.0 mg/l;
(11)
Selenium: 0.02 mg/l;
(12)
Silver: 0.1 mg/l;
(13)
Zinc: 5.0 mg/l;
(b)
The above limits apply at the point where the wastewater is discharged
to the POTW. All concentrations for metallic substances are for total
metal unless indicated otherwise. The superintendent may impose mass
limitations in addition to the concentration-based limitations above.
(c)
No other heavy metals or toxic materials may be discharged into public
sewers without a permit from the control authority specifying conditions
of pretreatment, concentrations, volumes, and other applicable provisions.
(e)
The control authority reserves the right to establish, by ordinance
or in individual wastewater discharge permits, more stringent standards
or requirements on discharges to the wastewater facilities consistent
with the purpose of this division.
(f)
No user shall ever increase the use of process water (or in any way
attempt to dilute a discharge) as a partial or complete substitute
for adequate treatment to achieve compliance with a discharge limitation
unless expressly authorized by an applicable pretreatment standard
or requirement. The superintendent may impose mass limitations on
users who are using dilution to meet applicable pretreatment standards
or requirements, or, in other cases, when the imposition of mass limitations
is appropriate.
(Ordinance adopted 2/3/76, sec.
4; 1989 Code, sec. 18-84; Ordinance 062121 adopted 6/21/21)
(a)
No person may discharge food waste into public sewers unless it is
shredded to a degree that all particles can be carried freely under
the flow conditions normally prevailing in public sewers. Particles
greater than one-half inch in any dimension are prohibited.
(b)
The control authority is entitled to review and approve the installation
and operation of any garbage grinder equipped with a motor of three-fourths
horsepower (0.76 hp metric) or greater.
(Ordinance adopted 2/3/76, sec.
5; 1989 Code, sec. 18-85; Ordinance 062121 adopted 6/21/21)
In compliance with the state water quality act and other statutes,
the control authority may designate storm sewers and other watercourses
into which unpolluted drainage described in subsection A above [sic]
may be discharged.
(Ordinance adopted 2/3/76, sec.
6; 1989 Code, sec. 18-86; Ordinance 062121 adopted 6/21/21)
(c)
Application to discharge.
All users intending to discharge
industrial waste to the wastewater facilities must submit a discharge
application. The superintendent may require users to submit all or
some of the following information as part of a discharge application.
(2)
Environmental permits: A list of any environmental control permits
held by or for the facility.
(3)
Description of operations:
(A)
A brief description of the nature, average rate of production (including
each product produced by type, amount, processes, and rate of production),
and standard industrial classifications of the operation(s) carried
out by such user. This description should include a schematic process
diagram, which indicates points of discharge to the wastewater facilities
from the regulated processes.
(B)
Types of wastes generated and a list of all raw materials and chemicals
used or stored at the facility that are, or could accidentally or
intentionally be, discharged to the wastewater facilities.
(C)
Number and type of employees, hours of operation, and proposed or
actual hours of operation.
(D)
Type and amount of raw materials processed (average and maximum per
day).
(E)
Site plans, floor plans, mechanical and plumbing plans, and details
to show all sewers, floor drains, and appurtenances by size, location,
and elevation, and all points of discharge.
(4)
Time and duration of discharges.
(5)
The location for monitoring all wastes covered by the permit.
(6)
Flow measurement: Information showing the measured average daily
and maximum daily flow, in gallons per day, to the wastewater facilities
from regulated process streams and other streams.
(7)
Measurement of pollutants:
(A)
The categorical pretreatment standards applicable to each regulated
process and any new categorically regulated processes for existing
sources.
(B)
The results of sampling and analysis identifying the nature and concentration,
and/or mass, where required by the standard or by the superintendent,
of regulated pollutants in the discharge from each regulated process.
(C)
Instantaneous, daily maximum, and long-term average concentrations,
or mass, where required, shall be reported.
(D)
The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in section 13.04.051 of this division. Where the standard requires compliance with best management practices (BMP) or pollution prevention alternative, the user shall submit documentation as required by the superintendent or the applicable standards to determine compliance with the standard.
(8)
Any other information deemed necessary by the superintendent to evaluate
the permit application. Incomplete or inaccurate applications will
not be processed and will be returned to the user for revision.
(Ordinance adopted 2/3/76, sec.
10; 1989 Code, sec. 18-90; Ordinance 062121 adopted 6/21/21)
(a)
If discharges or proposed discharges to public sewers may:
(b)
The control authority shall determine whether a discharge or proposed discharge is included under subsection (a) above.
(c)
The control authority may reject discharge of wastes when it determines
that a discharge or proposed discharge does not meet the requirements
of this division.
(Ordinance adopted 2/3/76, sec.
11; 1989 Code, sec. 18-91; Ordinance 062121 adopted 6/21/21)
(a)
Users shall provide wastewater treatment, as necessary, to comply
with this division and shall achieve compliance with all categorical
pretreatment standards, local limits, and the prohibitions of this
division within the time limitations specified by EPA, the state,
or the superintendent, whichever is more stringent. Any facilities
necessary for compliance shall be provided, operated, and maintained
at the user’s expense. Detailed plans describing such facilities
and operating procedures shall be submitted to the superintendent
for review and shall be acceptable to the superintendent before such
facilities are constructed. The review of such plans and operating
procedures shall in no way relieve the user from the responsibility
of modifying such facilities as necessary to produce a discharge acceptable
to the control authority under the provisions of this division.
(b)
Whenever deemed necessary, the superintendent may require users to
restrict their discharge during peak flow periods, designate that
certain wastewater be discharged only into specific sewers, relocate
and/or consolidate points of discharge, separate sewage wastestreams
from industrial wastestreams, and such other conditions as may be
necessary to protect the wastewater facilities and determine the user’s
compliance with the requirements of this division.
(c)
The superintendent may require any person discharging into the wastewater
facilities to install and maintain, on their property and at their
expense, a suitable storage and flow control facility to ensure equalization
of flow. An individual wastewater discharge permit may be issued solely
for flow equalization.
(d)
Grease, oil, and sand interceptors shall be provided when, in the
opinion of the superintendent, they are necessary for the proper handling
of wastewater containing excessive amounts of grease and oil, or sand;
except that such interceptors shall not be required for residential
users. All interception units shall be of a type and capacity approved
by the superintendent, shall comply with the control authority’s
oil and grease management requirements, and shall be so located to
be easily accessible for cleaning and inspection. Such interceptors
shall be inspected, cleaned, and repaired by the user at their expense.
(e)
Users with the potential to discharge flammable substances may be
required to install and maintain an approved combustible gas detection
meter.
(f)
Each user must notify the superintendent of any significant changes
to the user’s operations or system that might alter the nature,
quality, or volume of its wastewater at least thirty (30) days before
the change. The superintendent may require the user to submit such
information as deemed necessary to evaluate the changed condition.
(g)
In the case of any discharge, including, but not limited to, accidental
discharges, discharges of a nonroutine, episodic nature, a noncustomary
batch discharge, a slug discharge or slug load, that might cause potential
problems for the WWTP, the user shall immediately telephone and notify
the superintendent of the incident. This notification shall include
the location of the discharge, type of waste, concentration and volume,
if known, and corrective actions taken by the user.
(h)
Within five (5) days following such discharge, the user shall, unless
waived by the superintendent, submit a detailed written report describing
the cause(s) of the discharge and the measures to be taken by the
user to prevent similar future occurrences. Such notification shall
not relieve the user of any expense, loss, damage, or other liability
that may be incurred as a result of damage to the wastewater treatment
plant, natural resources, or any other damage to person or property;
nor shall such notification relieve the user of any fines, penalties,
or other liability that may be imposed pursuant to this division.
(Ordinance adopted 2/3/76, sec.
12; 1989 Code, sec. 18-92; Ordinance 062121 adopted 6/21/21)
(b)
Any person responsible for discharges requiring a trap shall, at
their own expense and as required by the control authority, adhere
to the following:
(Ordinance adopted 2/3/76, sec.
13; 1989 Code, sec. 18-93; Ordinance 062121 adopted 6/21/21)
Any person responsible for discharges through a building sewer
carrying industrial wastes shall, at their own expense and as required
by the control authority, adhere to the following:
(1)
Install an accessible and safely located control manhole.
(2)
Install meters and other appurtenances to facilitate observation,
sampling and measurement of the waste.
(3)
Maintain the equipment and facilities.
(Ordinance adopted 2/3/76, sec.
14; 1989 Code, sec. 18-94; Ordinance 062121 adopted 6/21/21)
(a)
Sampling shall be conducted according to customarily accepted methods,
reflecting the effect of constituents upon the wastewater facilities
and determining the existence of hazards to health, life, limb, and
property. Samples collected to satisfy the control authority’s
requests and requirements must be based on data obtained through appropriate
sampling and analysis performed during the appropriate period, as
determined by the control authority, based on data that is representative
of conditions.
(1)
Except as indicated in subsection (2) following, the user must collect wastewater samples using 24-hour flow proportional composite sampling techniques, unless time proportional composite sampling or grab sampling is authorized by the superintendent. Where time proportional composite sampling or grab sampling is authorized by the control authority, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR part 136 and appropriate EPA or state guidance, multiple grab samples collected during a 24-hour period may be composited before the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the control authority, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
(2)
Samples for oil and grease, temperature, pH, cyanide, total phenols,
sulfides, and volatile organic compounds must be obtained using grab
collection techniques.
(b)
Examination and analyses of the characteristics of waters and wastes
required by this article shall be:
(1)
Performed in accordance with the techniques prescribed in 40 CFR
part 136 and amendments thereto, unless otherwise specified in an
applicable categorical pretreatment standard. If 40 CFR part 136 does
not contain sampling or analytical techniques for the pollutant in
question, or where the EPA determines that the part 136 sampling and
analytical techniques are inappropriate for the pollutant in question,
sampling and analyses shall be performed by using validated analytical
methods or any other applicable sampling and analytical procedures,
including procedures suggested by the superintendent or other parties
approved by EPA.
(2)
Determined from representative samples taken at the control manhole
or other location authorized by the superintendent.
(c)
The control authority may select an independent firm or laboratory
to determine flow, BOD, and suspended solids.
(d)
The control authority may select the date and time of sampling at
its sole discretion. Compliance sampling shall be conducted at least
annually.
(Ordinance adopted 2/3/76, sec.
15; 1989 Code, sec. 18-95; Ordinance 062121 adopted 6/21/21)
(a)
Persons making discharges of industrial waste shall pay a charge
to cover the cost of collection and treatment.
(Ordinance adopted 2/3/76, sec.
16; 1989 Code, sec. 18-96; Ordinance 062121 adopted 6/21/21)
(a)
If the volume or character of the waste to be treated by the control
authority does not cause overloading to the sewage collection, treatment,
or disposal facilities of the control authority, then, before approval,
the control authority and the person making the discharge shall enter
into an agreement which provides that the discharger pay an industrial
waste charge to be determined from the schedule of charges.
(b)
If the volume or character of the waste to be treated by the control
authority requires that wastewater collection, treatment, or other
disposal facilities of the control authority be improved, expanded,
or enlarged in order to treat the waste, then, before approval, the
control authority and the person making the discharge shall enter
into an agreement which provides that the discharger pay in full all
added costs the control authority may incur because of acceptance
of the waste, plus a handling charge to be established by the control
authority.
(c)
The agreement entered into pursuant to subsection (a) above shall include, but not be limited to, the following:
(1)
Amortization of all capital outlay for collecting and treating the
waste, including new capital outlay and the proportionate part of
the value of the existing system used in handling and treating the
waste.
(2)
Operation and maintenance costs, including salaries and wages, power
costs, costs of chemicals and supplies, and proper allowances for
maintenance, depreciation, overhead, and office expense.
(3)
Amortization shall be completed within a maximum of a 20-year period
and payment shall include all debt service costs.
(Ordinance adopted 2/3/76, sec.
17; 1989 Code, sec. 18-97; Ordinance 062121 adopted 6/21/21)
The schedule of charges shall be as established in the fee schedule in appendix A to this code.
(Ordinance adopted 2/3/76, sec.
18; 1989 Code, sec. 18-98; Ordinance
adopting 2016 Code; Ordinance 062121 adopted 6/21/21)
(a)
The control authority shall adjust charges at least annually to reflect
changes in the characteristics of wastewater based on the results
of sampling and testing.
(b)
Increases in charges shall be retroactive for two (2) billing periods
and shall continue for six (6) billing periods unless subsequent tests
determine the charge should be increased.
(c)
The control authority shall review the basis for determining charges
and shall adjust the unit treatment cost in the formula to reflect
increases or decreases in wastewater treatment costs based on the
previous years’ experience.
(d)
The control authority shall bill the discharger monthly and shall
show industrial waste charges as a separate item on the regular bill
for water and sewer charges. The discharger shall pay monthly in accordance
with practices existing for payment of sewer charges.
(Ordinance adopted 2/3/76, sec.
19; 1989 Code, sec. 18-99; Ordinance 062121 adopted 6/21/21)
(a)
The superintendent shall have the right to enter the premises of
any user to determine whether the user is complying with all requirements
of this division and any individual wastewater discharge permit or
order issued hereunder. Users shall allow the superintendent ready
access to all parts of the premises for the purposes of inspection,
sampling, records examination and copying, and the performance of
any additional duties.
(b)
Where a user has security measures in force that require proper identification
and clearance before entry into its premises, the user shall make
necessary arrangements, with its security guards so that, upon presentation
of suitable identification, the superintendent shall be permitted
to enter without delay for the purposes of performing specific responsibilities.
(c)
The superintendent shall have the right to set up on the user’s
property, or require installation of, such devices as are necessary
to conduct sampling and/or metering of the user’s operations.
The location of the monitoring facility shall provide ample room in
or near the monitoring facility to allow accurate sampling and preparation
of samples and analysis, and, whether constructed on public or private
property, the monitoring facilities should be provided in accordance
with the supervisor’s requirements and all applicable local
construction standards and specifications. Such facilities shall be
constructed and maintained in such manner so as to enable the supervisor
to perform independent monitoring activities.
(d)
The superintendent may require the user to install monitoring equipment
as necessary. The facility’s sampling and monitoring equipment
shall be maintained at all times in a safe and proper operating condition
by the user at its own expense. All devices used to measure wastewater
flow and quality shall be calibrated annually to ensure their accuracy.
(e)
Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected or sampled shall be promptly removed
by the user at the written or verbal request of the superintendent
and shall not be replaced. The costs of clearing such access shall
be born by the user.
(f)
Unreasonable delays in allowing the superintendent access to the
user’s premises shall be a violation of this division.
(g)
Anyone acting under this authority shall observe the user’s
rules and regulations concerning safety, internal security, and fire
protection.
(Ordinance adopted 2/3/76, sec.
21; 1989 Code, sec. 18-101; Ordinance 062121 adopted 6/21/21)
Information and data on a user obtained from reports, surveys,
wastewater discharge permit applications, individual wastewater discharge
permits, and monitoring programs, and from the superintendent’s
inspection and sampling activities, shall be available to the public
without restriction, unless the user specifically requests, and is
able to demonstrate to the satisfaction of the superintendent, that
the release of such information would divulge information, processes,
or methods of production entitled to protection as trade secrets under
applicable state law.
(Ordinance 062121 adopted 6/21/21)
(a)
The control authority may terminate water and wastewater disposal
service and disconnect an industrial customer from the system when
the following apply:
(1)
Acids or chemicals damaging to sewer lines or treatment process are
released to the sewer causing rapid deterioration of these structures
or interference with proper conveyance and treatment of wastewater.
(2)
A governmental agency informs the control authority that the effluent
from the WWTP is no longer of a quality permitted for discharge to
a watercourse, and it is found the customer is delivering wastewater
to the control authority’s system that cannot be sufficiently
treated or requires treatment that is not provided by the control
authority as normal domestic treatment.
(3)
The industrial customer:
(A)
Discharges industrial waste or wastewater that is in violation of
the permit issued by the control authority.
(B)
Discharges wastewater at an uncontrolled, variable rate in sufficient
quantity to cause an imbalance in the wastewater treatment system.
(C)
Fails to pay monthly bills for water and sanitary sewer services
when due.
(D)
Repeats a discharge of prohibited wastes to public sewers.
(b)
If service is disconnected pursuant to subsection (a)(2) above, the control authority shall:
(1)
Disconnect the customer.
(2)
Supply the customer with the governmental agency’s report and
provide the customer with all pertinent information.
(3)
Continue disconnection until such time as the industrial customer
provides additional pretreatment or other facilities designed to remove
the objectionable characteristics from their industrial wastes.
(Ordinance adopted 2/3/76, sec.
22; 1989 Code, sec. 18-102; Ordinance 062121 adopted 6/21/21)
No person may continue discharging in violation of this division
beyond the time limit provided in the notice.
(Ordinance adopted 2/3/76, sec.
24; 1989 Code, sec. 18-104; Ordinance 062121 adopted 6/21/21)
(Ordinance adopted 2/3/76, sec.
25; 1989 Code, sec. 18-105; Ordinance
adopting 2016 Code; Ordinance 062121 adopted 6/21/21)
In addition to sanctions provided for by this division, the
control authority is entitled to exercise sanctions provided for by
the other ordinances of the control authority for failure to pay the
bill for water and sanitary sewer service when due.
(Ordinance adopted 2/3/76, sec.
26; 1989 Code, sec. 18-106; Ordinance 062121 adopted 6/21/21)
When the superintendent finds that a user has violated, or continues
to violate, any provision of this division, an individual wastewater
discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement, the superintendent may serve upon that user
a written notice of violation. Within 20 days of the receipt of such
notice, an explanation of the violation and a plan for the satisfactory
correction and prevention thereof, to include specific required actions,
shall be submitted by the user to the superintendent. Submission of
such a plan in no way relieves the user of liability for any violations
occurring before or after receipt of the notice of violation. Nothing
in this section shall limit the authority of the superintendent to
take any action, including emergency actions or any other enforcement
action, without first issuing a notice of violation.
(Ordinance adopted 2/3/76, sec.
23; 1989 Code, sec. 18-103; Ordinance 062121 adopted 6/21/21)
The superintendent may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to sections 13.04.065 and 13.04.066 of this division and shall be judicially enforceable.
(Ordinance 062121 adopted 6/21/21)
The superintendent may order a user (which has violated, or
continues to violate, any provision of this article, an individual
wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement) to appear before the superintendent
and show cause why the proposed enforcement action should not be taken.
Notice shall be served on the user specifying the time and place for
the meeting, the proposed enforcement action, the reasons for such
action, and a request the user show cause why the proposed enforcement
action should not be taken. The notice of the meeting shall be served
personally or by registered or certified mail (return receipt requested)
at least 10 days before the hearing. Such notice may be served on
any authorized representative of the user. A show cause hearing shall
not be a bar against, or prerequisite for, taking any other action
against the user.
(Ordinance 062121 adopted 6/21/21)
When the superintendent finds that a user has violated, or continues
to violate, any provision of this division, an individual wastewater
discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement, the superintendent may issue an order to
the user responsible for the discharge directing that the user come
into compliance within a specified time. If the user does not come
into compliance within the time provided, sewer service may be discontinued
unless adequate treatment facilities, devices, or other related appurtenances
are installed and properly operated. Compliance orders also may contain
other requirements to address the noncompliance, including additional
self-monitoring and management practices designed to minimize the
amount of pollutants discharged to the sewer. A compliance order may
not extend the deadline for compliance established for a pretreatment
standard or requirement, nor does a compliance order relieve the user
of liability for any violation, including any continuing violation.
Issuance of a compliance order shall not be a bar against, or a prerequisite
for, taking any other action against the user.
(Ordinance 062121 adopted 6/21/21)
When the superintendent finds that a user has violated, or continues
to violate, any provision of this division, an individual wastewater
discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement, or that the user’s past violations
are likely to recur, the superintendent may issue an order to the
user directing it to cease and desist all such violations and directing
the user to both of the following:
(1)
Immediately comply with all requirements.
(2)
Take such appropriate remedial or preventive action as may be needed
to properly address a continuing or threatened violation, including
halting operations or terminating the discharge. Issuance of a cease
and desist order shall not be a bar against, or a prerequisite for,
taking any other action against the user.
(Ordinance 062121 adopted 6/21/21)
(a)
When the superintendent finds that a user has violated, or continues
to violate, any provision of this division, an individual wastewater
discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement, the superintendent may fine such user in
an amount not to exceed a fine or penalty not to exceed $2,000.00
and other judicial sanctions. Such fines shall be assessed on a per
violation, per day basis. In the case of monthly or other long-term
average discharge limits, fines shall be assessed for each day during
the period of violation.
(b)
Unpaid charges, fines, and penalties shall, after 30 calendar days,
be assessed an additional penalty of 10% of the unpaid balance, and
interest shall accrue thereafter at a rate of 5% per month. A lien
against the user’s property shall be sought for unpaid charges,
fines, and penalties.
(c)
Users desiring to dispute such fines must file a written request
for the superintendent to reconsider the fine along with full payment
of the fine amount within 15 days of being notified of the fine. Where
a request has merit, the superintendent may convene a hearing on the
matter. In the event the user’s appeal is successful, the payment,
together with any interest accruing thereto, shall be returned to
the user. The superintendent may add the costs of preparing administrative
enforcement actions, such as notices and orders, to the fine.
(d)
Issuance of an administrative fine shall not be a bar against, or
a prerequisite for, taking any other action against the user.
(Ordinance 062121 adopted 6/21/21)
(a)
The superintendent may immediately suspend a user’s discharge,
after informal notice to the user, whenever such suspension is necessary
to stop an actual or threatened discharge, which reasonably appears
to present or cause an imminent or substantial endangerment to the
health or welfare of persons. The superintendent may also immediately
suspend a user’s discharge, after notice and opportunity to
respond, that threatens to interfere with the operation of the POTW,
or presents, or may present, an endangerment to the environment.
(1)
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the superintendent may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The superintendent may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the superintendent that the period of endangerment has passed unless the termination proceedings in section 13.04.069 of this division are initiated against the user.
(2)
User that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the superintendent before the date of any show cause or termination hearing under sections 13.04.064 or 13.04.069 of this division.
(b)
Nothing in this section shall be interpreted as requiring a hearing
before any emergency suspension under this section.
(Ordinance 062121 adopted 6/21/21)
(a)
In addition to the provisions of this division, any user who violates
the following conditions is subject to discharge termination:
(1)
Violation of individual wastewater discharge permit conditions.
(2)
Failure to accurately report the wastewater constituents and characteristics
of its discharge.
(3)
Failure to report significant changes in operations or wastewater
volume, constituents, and characteristics before discharge.
(4)
Refusal of reasonable access to the user’s premises for the
purpose of inspection, monitoring, or sampling.
(5)
Violation of the pretreatment standards of this division.
(b)
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under section 13.04.064 of this division why the proposed action should not be taken. Exercise of this option by the superintendent shall not be a bar to, or a prerequisite for, taking any other action against the user.
(Ordinance 062121 adopted 6/21/21)
When the superintendent finds that a user has violated, or continues
to violate, any provision of this division, an individual wastewater
discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement, the superintendent may petition the Fayette
County District Court through the control authority’s attorney
for the issuance of a temporary or permanent injunction, as appropriate,
which restrains or compels the specific performance of the individual
wastewater discharge permit, order, or other requirement imposed by
this division on activities of the user. The superintendent may also
seek such other action as is appropriate for legal or equitable relief,
including a requirement for the user to conduct environmental remediation.
(Ordinance 062121 adopted 6/21/21)
(a)
A user who has violated, or continues to violate, any provision of
this division, an individual wastewater discharge permit, or order
issued hereunder, or any other pretreatment standard or requirement
shall be liable to the control authority for a fine or penalty not
to exceed $2,000.00 and other judicial sanctions per violation. In
the case of a monthly or other long-term average discharge limit,
penalties shall accrue for each day during the period of the violation.
(b)
The superintendent may recover reasonable attorney’s fees,
court costs, and other expenses associated with enforcement activities,
including sampling and monitoring expenses, and the cost of any actual
damages incurred by the control authority.
(c)
In determining the amount of civil liability, the court shall take
into account all relevant circumstances, including, but not limited
to, the extent of harm caused by the violation, the magnitude and
duration of the violation, any economic benefit gained through the
user’s violation, corrective actions by the user, the compliance
history of the user, and any other factor as justice requires.
(d)
Filing a suit for civil penalties shall not be a bar against, or
a prerequisite for, taking any other action against a user.
(Ordinance 062121 adopted 6/21/21)
(a)
A user who willfully or negligently violates any provision of this
division, an individual wastewater discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement shall,
upon conviction, be guilty of a misdemeanor, punishable by a fine
of not more than a fine or penalty not to exceed $2,000.00 and other
judicial sanctions per violation.
(b)
A user who willfully or negligently introduces any substance into
the POTW that causes personal injury or property damage shall, upon
conviction, be guilty of a misdemeanor and be subject to a penalty
of at least a fine or penalty not to exceed $2,000.00 and other judicial
sanctions per violation. This penalty shall be in addition to any
other cause of action for personal injury or property damage available
under state law.
(c)
A user who knowingly makes any false statements, representations,
or certifications in any application, record, report, plan, or other
documentation filed, or required to be maintained, pursuant to this
division, individual wastewater discharge permit, or order issued
hereunder, or who falsifies, tampers with, or knowingly renders inaccurate
any monitoring device or method required under this division shall,
upon conviction, be punished by a fine of not more than a fine or
penalty not to exceed $2,000.00 and other judicial sanctions per violation.
(d)
In the event of a second conviction, a user shall be punished by
a fine of not more than a fine or penalty not to exceed $2,000.00
and other judicial sanctions per violation.
(Ordinance 062121 adopted 6/21/21)
The remedies provided for in this division are not exclusive.
The superintendent may take any, all, or any combination of these
actions against a noncompliant user. Enforcement of pretreatment violations
will generally be in accordance with the control authority’s
enforcement response plan. However, the superintendent may take other
action against any user when the circumstances warrant. Further, the
superintendent is empowered to take more than one enforcement action
against any noncompliant user.
(Ordinance 062121 adopted 6/21/21)
