means any nongovernmental user of publicly-owned treatment works. An industrial user shall be defined as any user who discharges more than twenty-five thousand gallons per day of wastewater, or its equivalent into the public sewage system and this includes all discharges of toxic wastewater at any volume. For purposes of determining an equivalent discharge of industrial wastewater, standard BOD shall be taken not to exceed two hundred parts per million and suspended solids shall not exceed two hundred parts per million. In determining the amount of an industrial users discharge for the purposes of industrial cost recovery, the amount of sewage which is domestic waste from sanitary conveniences may be excluded.
All persons discharging industrial wastewater directly or indirectly to the city's sewage systems prior to the effective date of this chapter and who have obtained a permit or approval of industrial wastewater discharge from the city, shall be granted a temporary permit to discharge industrial wastewaters. This temporary permit shall expire in six months after notification by the director of public works that a new permit is to be obtained, or after notification by the effective date of this chapter, whichever shall occur first. Prior to the expiration of the temporary permit, the industrial wastewater discharger shall apply for and obtain a permit for industrial wastewater discharge.
No person shall discharge, or cause to be discharged, any industrial wastewaters directly or indirectly to sewage facilities owned by the city without first obtaining a city permit for industrial wastewater discharge. The permit for industrial wastewater discharge may require the pretreatment of industrial wastewaters before discharge, the restriction of peak flow discharges, the discharge of certain wastewaters only to specified sewers of the city, the relocation of the point of discharge, the prohibition of the discharge of certain wastewater components, the restriction of discharge to certain hours of the day, the payment of additional charges to defray the increased costs of the city created by the wastewater discharge and such other conditions as may be required to effectuate the purposes of this chapter.
No city permit for industrial wastewater discharge shall be transferable without the prior written consent of the director.
No person shall discharge industrial wastewaters in excess of the quantity or quality limitations set by the permit for industrial wastewater discharge. Any person desiring to discharge wastewaters or use facilities which are not in conformance with the industrial wastewater permit should apply to the city for an amended permit. All pretreatment systems and devices shall be approved by the city engineer.
A.
Procedure. Applicants for permits for industrial wastewater discharges shall complete a city application form and submit the application form and appurtenant plans and data to the city for review and approval. The city may require additional information on the characteristics of the wastewater discharges beyond that required on the application form.
Upon the receipt of all required information, the application shall be processed and, upon approval, be signed by representatives of the city and one copy returned to the applicant. When properly signed, the application form shall constitute a valid permit for industrial wastewater discharge.
The application shall be approved if the applicant has complied with all the applicable requirements of this chapter and furnished to the city all of the requested information, if the director determines that there is adequate capacity in the city facilities to convey, treat, and dispose of such wastewaters.
B.
Change of Industrial Wastewater Permit Restrictions. The city may change the restrictions or conditions of a permit for industrial wastewater discharge from time to time as circumstances may require. The city shall allow an industrial discharger a reasonable period of time to comply with any changes in the industrial wastewater permit required by the city.
The director may suspend a permit for industrial wastewater discharge for a period not to exceed fortyfive days when such suspension is necessary in order to stop a discharge which presents an imminent hazard to the public health, safety or welfare, to the local environment or to the city's sewage system.
Any discharger notified of a suspension of his or her industrial wastewater permit shall immediately cease and desist the discharge of all industrial wastewater to the sewage system. In the event of a failure of the discharger to comply voluntarily with the suspension order, the director shall take such steps as necessary to insure compliance.
Appeals from suspension may be made under Section 13.08.060 of this division. The permit shall be reinstated upon proof of satisfactory compliance with all discharge requirements of the city.
The city council may revoke a permit for industrial wastewater discharge upon finding that the discharger has violated any provision of this chapter. No revocation shall be ordered until a hearing has been held by the city council under Chapter 13.08 of this division. Any discharger whose industrial wastewater permit has been revoked shall immediately stop all discharge of any liquid-carried wastes covered by the permit to any public sewer that is tributary to the sewer or sewage system of the city. The director may block from such public sewer, or may permanently disconnect the industrial connection sewer of any discharger whose permit has been revoked, if such action is necessary to insure compliance.
Before any further discharge of industrial wastewater may be made by the discharger, he or she must apply for a new permit for industrial wastewater discharge, pay all charges that would be required upon initial application together with any delinquent fees, and penalties and such other sums as the discharger may owe to the city. Costs incurred by the city in revoking the permit and disconnecting the industrial connection sewer shall be paid by the discharger before the issuance of a new permit for industrial wastewater discharge.
All domestic or sanitary wastewaters from restrooms, showers, drinking fountains, etc., shall be kept separated from all industrial wastewaters until the industrial wastewaters have passed through any required pretreatment system or device.
A control manhole of a design approved by the director shall be furnished and installed by the industrial wastewater dischargers to facilitate inspection, sampling and flow measurement by personnel of the city. This control manhole shall be located so as to provide access at all times to personnel of the city.
Any industrial wastewater discharger whose discharges cause damage to the city's facilities, detrimental effects on the treatment processes or any other damage resulting in costs, shall be liable to the city for all damages occasioned thereby.
A.
Measurements. Periodic measurements of flow rates, volumes, BOD, and suspended solids for use in determining the annual industrial wastewater treatment capital charge and such measurements of other constituents believed necessary by the director shall be made by all industrial wastewater dischargers, unless specifically relieved of such obligation by the director. The city shall have the option of accepting the metered water consumption as the volume of sewage flow for an industrial discharger or the city may require that an industrial discharger provide, install and maintain in good operating condition an accurate sewage metering device acceptable to the city, at the user's expense, to permit the determination of the volume of wastewater discharged into the city sewage system. All sampling and analyses of industrial wastewaters shall be performed by a state certified independent laboratory, or by a laboratory of an industrial discharger approved by the director. If performed by a state certified laboratory, an appropriate charge shall be paid by the discharger requesting the tests. Prior to the submittal to the city of the data developed in the laboratory of an industrial discharger, the results shall be verified by a responsible administrative official of the industrial discharger under the penalty of perjury.
B.
Analyses. All wastewater analyses shall be conducted in accordance with the appropriate procedure contained in "Standard Methods" prepared and published by the American Public Health Association and others. If no appropriate procedure is contained therein, the standard procedure of the industry or a procedure judged satisfactory by the director shall be used to measure wastewater constituents. Any independent laboratory or discharger performing tests shall furnish any required test data or information on the test methods or equipment used, if requested to do so by the director.
C.
Measurement Devices. All dischargers making periodic measurements shall furnish and install at the control manhole or other appropriate location a calibrated flume, weir, flow meter, or similar device approved by the director and suitable to measure the industrial wastewater flow rate and total volume. A flow indicating, recording and totalizing register may be required by the director. In lieu of the wastewater flow measurement, the director may accept records of water usage and adjust the flow volumes by suitable factors to determine peak and average flow rates for the specific industrial wastewater discharger.
D.
Inspections of Measurement Devices. The sampling, analysis, and flow measurement procedures, equipment and results shall be subject at any time to inspection by the city. The sampling and flow measurement facilities shall be such as to provide safe access to authorized personnel.
E.
Measurement Frequency. Those industrial wastewater discharges required by the director to make periodic measurements of industrial wastewater flows and constituents shall annually make the minimum number of such measurements required. The minimum requirements for such periodic measurements shall be:
1.
A minimum of one twenty-four-hour measurement per year. Representative samples of the industrial wastewaters shall be obtained at least once per hour over the twenty-four-hour period, properly refrigerated, composited according to measured flow rates during the twenty-four hours, and analyzed for the specified wastewater constituents;
2.
Dischargers required to sample on only a few days per year shall sample during the periods of highest wastewater flow and wastewater constituent discharges;
3.
Industrial plants with large fluctuations in quantity or quality of wastewaters may be required to provide continuous sampling and analyses for every working day. When required by the director, dischargers shall install and maintain in proper order automatic flow-proportional sampling equipment and/or automatic analysis and recording equipment;
4.
Measurements to verify the quantities of waste flows and waste constituents reported by industrial dischargers will be conducted on a random basis by personnel of the city.
Should measurements or other investigations reveal that the industrial discharger is discharging a flow rate or a quantity of biochemical oxygen demand or suspended solids significantly in excess of that stated in the industrial wastewater permit or in excess of the quantities reported to the city by the discharger and upon which the industrial wastewater treatment charges are based, the discharger shall apply for an amended industrial wastewater permit and shall be assessed for all delinquent charges, together with the penalty and interest. Before these charges shall be assessed, at least two additional twenty-four-hour samples and flow measurements shall be obtained by the city with all the costs of sampling and analyses to be paid by the discharger. All expense of determining the need for an amended permit shall be paid by the discharger.
An industrial discharger found in violation shall be presumed, in the absence of other evidence, to have been discharging at the determined parameter values over the preceding three years or subsequent to the previous city verification of quantity parameters, whichever period is shorter.
Pretreatment systems or devices may be required by the director to treat wastewaters prior to discharge to the community sewer when it is necessary to restrict or prevent the discharge to the community sewer of wastewaters having strength in violation of the prohibitions, or exceeding the limits established by this chapter, or to distribute wastewater discharges over a period of time.
All pretreatment systems or devices shall be approved by the director, but such approval shall not relieve a discharger of the responsibility for taking all steps necessary to comply with the wastewater limitations established by the city. All required pretreatment equipment shall be installed and operated at the discharger's expense.
A.
General. The capital and interest costs to be charged the user shall be determined by his or her plant capacity required of each industrial user.
Those industries with grant eligible capacity will pay capital and interest costs based on the original design capacity as stated in the revenue plan approved by the state, unless they exercise their option to make periodic deposits based on their estimated maximum need of the ensuing year with adjustment billings or credits, whichever the case may be, within thirty days after the end of the fiscal year. If an industry elects to pay on its actual required capacity, rather than its grant eligible design capacity, the industry shall lose its rights to the design capacity if its actual required capacity is less than the design, and the city may allocate that excess capacity to other users. If the industry's actual capacity is greater than the design capacity, the industry will be required to pay connection charges for the difference of its design capacity and its actual required capacity and the required capacity will establish its plant capacity.
B.
Industrial User Rates. Industrial users will be charged the rates stated in any revenue programs as adopted by the council, and will include charges for capital recovery, interest costs, operation and maintenance costs, and administration and collection system costs. The charges shall reflect the user's contribution to the total wastewater loading of the treatment works and will recognize volume, BOD and suspended solids to insure a proportional distribution of costs to each user.
C.
Billing Period. During each fiscal year, there will be billing periods as determined by the city clerk. The city clerk may divide the annual cost into equal billings and combine the user's share of operation and maintenance costs, plus any assessment for additional costs caused by the user discharging wastewater in violation of the provisions of this chapter.
D.
Payment of Charges and Delinquent Charges. All fees and charges imposed under the provisions of this chapter shall be due and payable upon the receipt of the notice of charges. Unpaid charges shall become delinquent thirty days after mailing or delivering the notice of charges. A basic penalty charge of ten percent of the unpaid amount shall be added to any fee or charge which becomes delinquent. Interest at the rate of one-half percent per month shall accrue on the total of all delinquent charges, plus all penalty charges.
E.
Determination of Charges.
1.
Capacity. The actual plant capacity for each industrial user will be determined by the highest daily volume, pounds of BOD, and pounds of suspended solids discharged into the sanitary sewer system measured by averaging the highest three consecutive days during the prior fiscal year. The three determining factors for industrial capacity will not necessarily peak during the same period. New industrial users will estimate their plant capacity requirements and make periodic deposits as determined by the director during their first year of operation with an adjustment billing or credit, whichever the case may be, within thirty days after the end of the fiscal year. If the period of operation during the first fiscal year is not sufficient to determine a plant capacity, the second year operation capacity requirements will be used as if the industry was a new user in that year.
2.
Actual Discharges. The operation and maintenance costs will be based on the actual volume, pounds of BOD, and suspended solids. It will be the industrial user's responsibility to provide composite samples of its discharges for determining the BOD and suspended solid testing. Each sample shall be marked with the beginning and ending meter reading of the volume discharge during the period the composite sample is taken. The volume measured by the meter readings and the test results of the composite samples will be used to calculate the pounds of BOD and suspended solids and will be the basis of the billing operation and maintenance charges. If there are time periods when the meter readings of the composite samples are not consecutive, the city, at its sole discretion, will determine the parts per million of the BOD and suspended solids for that volume that a sample was not received.
Special dumping permits shall be required when any person desires to discharge liquid waste from campers, recreation vehicles, transient mobile homes, transient trailer houses and similar vehicles directly or indirectly into the sewage facilities of the city. Waste discharged into the city system from such sources shall not consist of septic tank or cesspool contents, industrial wastes and any other wastewater of a nature prohibited by this chapter.
All applicants for a special dumping permit shall construct and maintain a special dumping structure approved by the director and the county health department. Dumping structures shall be constructed at locations approved by the director at the sole cost of the permittee.
The city may require payment for the treatment of such wastes and the applicant shall pay all such costs or the city may refuse permission to discharge certain wastes. A special discharge permit shall be valid for one year from the date of issuance. Any person negligently or willfully violating the requirements of the city for such discharges shall be in violation of this chapter and may have his or her permit revoked by the city council.
Industrial users will be charged in accordance with this chapter and the rates set forth in the revenue programs as adopted by the city council and approved by the state and may include charges for capital recovery, interest costs, operation and maintenance costs. The charges shall reflect the user's contribution to the total wastewater loading of the treatment works and will recognize volume, BOD and suspended solids to insure a proportional distribution of costs to each user.