Unless otherwise defined in GJMC §
13.04.360 or in this code, the following words, terms and phrases, when used in this code, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Act or the Act
means the Federal Water Pollution Control Act, PL 92-500,
also known as the Clean Water Act, and including amendments thereto
by the Clean Water Act of 1977, PL 95-217,
33 U.S.C. Section
1251 et seq.
Biochemical oxygen demand5 (BOD5)
means the quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedure in
five days at 20 degrees Celsius, expressed in milligrams per liter
(mg/L).
Building drain
means that part of the lowest horizontal piping of a drainage
system that receives the discharge from other drainage pipes inside
the walls of the building and conveys it to the building sewer.
Building sewer
means the extension from the building drain to the public
sewer.
City Manager
means the City Manager for the City of Grand Junction or
his/her designee.
Combined sewer
means a sewer receiving both surface runoff and sewage.
Domestic sewage or domestic/sanitary
wastes
is wastewater from residential sources including, but not
limited, to wastewater from kitchen, bath and laundry facilities;
or wastewater from the personal sanitary conveniences (toilets, showers,
bathtubs, fountains, noncommercial sinks and similar structures) of
commercial, industrial or institutional buildings; provided, that
the wastewater exhibits characteristics that are similar to those
of wastewater from residential activities.
Easement
means an acquired legal right for the specific use of land
owned by others.
Garbage
means putrescible animal and vegetable wastes resulting from
the handling, preparation, cooking and consumption of food.
Natural outlet
means any outlet into a watercourse, pond, ditch, lake or
other body of surface or groundwater.
Normal domestic strength wastewater
means that wastewater, when analyzed in accordance with procedures
established by EPA pursuant to
40 CFR Part
136, as amended,
contains no more than 200 mg/L BOD
5 and/or
250 mg/L TSS.
Person
is any individual, partnership, firm, company, association,
joint stock company, trust, estate, society, corporation, group, government,
governmental agency or other legal entity, or their legal representatives,
agents or assigns. The definition includes all federal, State and
local government entities.
Properly shredded garbage
means the wastes from the preparation, cooking and discharging
of foods that have been shredded to such a degree that all particles
will be carried freely under the flow conditions normally prevailing
in public sewers, with no particle greater than one-half inch (1.27
centimeters) in any dimension.
Publicly owned treatment works (POTW):
A treatment works as defined by Section 212 of the Act (
33 U.S.C. §
1292), which is owned by the City and County. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature and any sewers, pipes or other conveyances which convey wastewater to the treatment plant. The term also means the municipality having jurisdiction over the indirect discharge as defined in GJMC §
13.04.360(a) made to and from the wastewater treatment plant. As used herein, it shall include wastewater facilities that form the POTW and any sewers that convey wastewaters to the POTW from persons or sources within the City and outside the City who are, by contract or agreement with the City or connecting sanitation districts, users of the WWTP.
Sanitary sewer
means a sewer that carries liquid and water-carried wastes
from the residences, commercial buildings, industrial plants and institutions
together with minor quantities of ground, storm and surface waters
that are not admitted intentionally. This definition shall also include,
but not be limited to, the terms “public sewer,” “sewer
system,” “sewer” and “collection line.”
Sewage
means the spent water of a community. Also referred to as
wastewater.
Sewer
means a pipe or conduit for carrying sewage.
Sewer rental charges
includes all rates, charges, fees and costs of inspection
connected with the POTW.
State
means the State of Colorado and the Colorado Department of
Public Health and Environment.
Storm drain
(sometimes termed storm sewer) means a drain
or sewer for conveying water, groundwater, drainage water or unpolluted
water from any source, excluding sewage and industrial wastes.
Stormwater
means the surface runoff from rainfall and other storm events.
Tap
means an opening or connection between the service sewer
and the sanitary sewer through which sewage is discharged.
Total suspended solids (TSS)
means total suspended matter that either floats on the surface
of, or is in suspension in, water, wastewater, or other liquids, and
that is removable by laboratory filtering as prescribed
40 CFR Part
136, as amended.
Wastewater or sewage
means the liquid and water-carried domestic or nondomestic
wastes from residences, commercial buildings, industrial facilities
and institutions whether treated or untreated, which are contributed
into or permitted to enter the POTW.
Wastewater facilities
means the structures, equipment and processes required to
collect, convey and treat domestic and industrial wastes and dispose
of the effluent.
Wastewater treatment plant (WWTP)
means that portion of the POTW designed to provide treatment
to wastewater. The term includes the Persigo wastewater treatment
plant, which is owned by the County and the City and operated by the
City.
Waters of the State
means any and all surface waters and subsurface waters that
have a direct hydrologic connection with surface waters which are
contained in or flow in or through the State, but does not include
waters in sewage systems, waters in treatment works of disposal systems,
waters in potable water distribution systems, and all water withdrawn
for use until use and treatment have been completed.
Watercourse
means a natural or artificial channel for the passage of
water, either continuously or intermittently.
(Ord. 4574, 4-3-13)
The provisions of this code shall apply to all users of the
sewer and/or facilities served by the wastewater facilities and POTW.
(Ord. 4574, 4-3-13)
No unauthorized person shall maliciously, willfully, or in a
grossly negligent manner break, damage, destroy, uncover, deface or
tamper with any structure, appurtenance or equipment which is a part
of the POTW. Any person violating this section shall be subject to
arrest under charge of disorderly conduct.
(Ord. 4574, 4-3-13)
The City Manager shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this code. The City has additional right of entry provisions for the regulation of industrial users in GJMC §
13.04.380(b).
(Ord. 4574, 4-3-13)
While performing the necessary work on private properties referred to in GJMC §
13.04.040, the City Manager shall observe all safety rules applicable to the premises established by the company; the company shall be held harmless for injury or death to the City employee(s) except as such may be caused by negligence or failure of the company to maintain safe conditions as required in GJMC §
13.04.380(a) and as allowed by law the City shall indemnify the company against loss or damage to its property by the City employee(s) and against liability claims and demands for personal injury or property damage asserted against the company growing out of the gauging and sampling operation(s).
(Ord. 4574, 4-3-13)
The City Manager shall be permitted to enter all private properties
through which the City holds a duly negotiated easement for the purposes
of, but not limited to, inspection, observation, measurement, sampling,
repair and maintenance of any portion of the POTW lying within such
easement. All entry and subsequent work, if any, on such easement
shall be done in accordance with the terms of a duly negotiated easement
pertaining to the private property involved.
(Ord. 4574, 4-3-13)
It shall be unlawful for any person to place, deposit or permit
to be deposited in any insanitary manner on public or private property
within the City and County, or in any area under the jurisdiction
of the City and County, any human or animal excrement, garbage or
other objectionable waste.
(Ord. 4574, 4-3-13)
It shall be unlawful to discharge wastewater to any storm sewer
or natural outlet within the City and County, or in any area under
the jurisdiction of the City and County, unless the discharger has
received written approval or a permit from both the City and the Colorado
Department of Health and Environment.
(Ord. 4574, 4-3-13)
The owners of all houses, buildings or properties used for human
occupancy, employment, recreation and/or other purposes situated within
the City or County and abutting on any street, alley or right-of-way
in which there is now located or may in the future be located a public
sanitary or combined sewer of the City or County are hereby required
at the owner’s expense to install suitable toilet facilities
therein, and to connect such facilities directly with the proper public
sewer in accordance with the provisions of this chapter, within 120
days after date of official notice to do so; provided, that such public
sewer is within 400 feet (122 meters) of the property line.
It shall be unlawful to construct, use or maintain and/or repair
any privy, privy vault, septic tank, cesspool or other facility intended
or used for the disposal of wastewater when the same site is within
400 feet of an existing public sewer with sufficient capacity and
official notice disallowing the use of the same shall have been given
to the owner of the house, building or property.
(Ord. 4574, 4-3-13)
(a) Connection to Private Disposal System Where Public System Is Unavailable.
Where a public, sanitary or combined sewer is not available under the provisions of GJMC §
13.04.090, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this code.
(b) Type, Capacities, Location and Layout.
The type, capacities,
location and layout of a private sewage disposal system shall comply
with all recommendations of the Colorado Department of Public Health
and Environment and any and all conditions, requirements or standards
of the City.
(c) Connection to Public Sewer Upon Availability of Public Sewer –
Abandonment of Private Facilities.
At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in GJMC §
13.04.090, a direct connection shall be made to the public sewer in compliance with this code within 120 days after the date of official notice to do so, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
(d) Sanitary Operation.
The owner shall operate and maintain
the private sewage disposal facilities in a sanitary manner at all
times, at no expense to the City.
(e) Additional Requirements of the County’s Health Officer.
No statement contained in this section shall be construed to
interfere with any additional requirements that may be imposed by
the County’s Health Officer.
(Ord. 4574, 4-3-13)
No unauthorized person shall uncover, make any connections with
or opening into, use, alter or disturb any public sewer or appurtenance
thereof without first obtaining a written permit from the City Manager.
(Ord. 4574, 4-3-13)
All costs and expenses incident to the installation, connection
and maintenance of the building sewer shall be borne by the owner.
The owner shall indemnify the City and County from any loss or damage
that may directly or indirectly be occasioned by the installation
of the building sewer.
(Ord. 4574, 4-3-13)
A separate and independent building sewer shall be provided
for every building except where more than one building is located
on the same parcel where the buildings may, as provided in this section,
be served by a shared sewer service line.
A property owner applying for sewer service for more than one building on the same parcel (“applicant”) may apply to the City Manager to connect the second building to the existing sanitary sewer system connection. The City Manager or his/her designee will review and approve, conditionally approve, or deny the applicant’s request in writing. As required by GJMC §
13.04.150, an existing building sewer may be used in connection with a new building only when found, on examination by the City Manager or his/her designee, to meet all requirements of this code, whose requirements include but are not limited to the applicant being bound to all current standard specifications for the construction of pipe and fittings for sanitary sewer service lines all of which shall consider the size, slope, and material(s) for construction for service lines.
If the parcel is subdivided, a separate and independent sewer
service line(s) shall be provided for each parcel. Separate parcels
shall share or be served by a single (common) sewer service line(s).
(Ord. 5170, 8-16-23; Ord. 4574, 4-3-13)
Old building sewers may be used in connection with new buildings
only when they are found, on examination by the City Manager, to meet
all requirements of this code.
(Ord. 4574, 4-3-13)
The size, slope, alignment, materials of construction of a building
sewer, and the methods to be used in excavating, placing of the pipe,
jointing, testing and backfilling the trench, shall all conform to
the requirements of the building and plumbing codes or other applicable
rules and regulations of the City and County.
(Ord. 4574, 4-3-13)
Whenever possible, the building sewer shall be brought to the
building at an elevation below the basement floor. In all buildings
in which any building drain is too low to permit gravity flow to the
public sewer, sewage carried by such building drain shall be lifted
by an approved means and discharged to the building sewer.
(Ord. 4574, 4-3-13)
No person shall make connection of roof downspouts, exterior
foundation drains, areaway drains, or other sources of surface runoff
or groundwater to a building sewer or building drain which in turn
is connected directly or indirectly to a public sewer.
(Ord. 4574, 4-3-13)
The connection of the building sewer into the public sewer shall
conform to the requirements of the building and plumbing codes or
other applicable rules and regulations of the City and County. All
such connections shall be made gastight and watertight and verified
by proper testing. Any deviation from the prescribed procedures and
materials must be approved by the City Manager before installation.
(Ord. 4574, 4-3-13)
All excavations for building sewer installation shall be adequately
guarded with barricades and lights so as to protect the public from
hazard. Streets, sidewalks, parkways and other public property disturbed
in the course of the work shall be restored in a manner satisfactory
to the City and County.
(Ord. 4574, 4-3-13)
When the course of a private sewer is not the same as the junction
piece, it must be connected such that no 90-degree turns are used.
(Ord. 4574, 4-3-13)
The inside of every private sewer connecting with a public or
sanitary sewer must be smooth and free from rock, dirt and debris
throughout its entire length, and the ends of all pipes not to be
immediately used must be securely guarded against the introduction
of earthen material by brick and cement or other watertight and impervious
metal, or seal.
(Ord. 4574, 4-3-13)
(a) It is the policy of the City and County to require connections to
the POTW for property lying within two miles of the City’s limits
by arranging for sewage treatment through the City, either by annexation
or through powers of attorney to accomplish annexation in the future,
as possible. As annexations occur, the ownership of public or sanitary
sewers within the annexed area will be transferred to the City.
(b) No property outside the City shall be connected to the POTW until
and unless the owner thereof shall submit an application, together
with a signed and sworn statement, showing the plan, size and type
of connection desired and the number of persons who will use the property
so connected. Such plans and statement shall be referred to and examined
by the City Manager, who shall endorse with approval or disapproval
of the same as complying or failing to comply with all of the ordinances,
regulations and rules concerning connections with the POTW.
(Ord. 4574, 4-3-13)
No person shall discharge or cause to be discharged substances,
materials, waters or waste(s) if it appears likely in the opinion
of the City Manager that such wastes may harm the POTW, including,
but not limited to, the sewers, sewage treatment process or equipment,
have an adverse effect on the receiving stream, or otherwise endanger
life, limb, public property or constitute a nuisance. In forming an
opinion as to the acceptability of waste(s), the City Manager will
give consideration to such factors as the nature and source of the
wastes, quantities of waste(s) in relation to flows and velocities
in the sewage treatment process, toxicity of the waste(s), capacity
of the POTW and degree of treatability of waste(s) at the WWTP and
other pertinent factors.
(Ord. 4574, 4-3-13)
(a) There shall be levied and assessed upon each lot, parcel of land,
building or premises having any connection, or eligible for connection
with the sewer system of the City, monthly sewer service charges or
rentals computed by multiplying the EQU by the following factors,
to wit:
(1) Single-family dwelling, 1.00 EQU.
(2) Multiple-family dwellings, 0.72 times number of single-family units.
(3) Hotels and motels:
(i) No restaurants or kitchen, 0.36 times number of rooms;
(ii)
With kitchenette, 0.43 times number of rooms;
(iii)
With restaurants, use subsection
(a)(3)(i) of this section then add rates from subsection
(a)(4) of this section.
(4) Restaurants:
(i) Greater than 12-hour operation to 24-hour operation, 0.21 times number
of seats;
(ii)
Twelve-hour or less operation, 0.14 times number of seats;
(iii)
Bar, no food, 0.04 times number of seats.
(5) Schools:
(i) No food or showers, 0.04 times number of student capacity;
(ii)
For cafeterias, add to subsection
(a)(5)(i) of this section 0.02 times number of student capacity;
(iii)
For showers, add to subsection
(a)(5)(i) of this section 0.02 times number of student capacity;
(iv)
Boarding schools, 0.27 times number of student capacity.
(6) Service stations:
(i) Without wash rack, 1.00 EQU;
(ii)
With wash rack, 2.3 times number of wash racks.
(7) Shopping centers and stores, 0.35 times number of thousands of square
feet of store space.
(8) Travel trailer parks and courts, 0.25 times number of trailer parking
spaces.
(9) Churches, assembly halls, theaters and arenas, 0.01 times number
of seating capacity.
(10) Drive-in theater, 0.02 times number of car spaces.
(11) Factory, warehouses, shops and offices (not including industrial
waste), 0.05 times number of employees.
(12) Hospitals, 0.89 times number of bed spaces.
(13) Institutions, nursing homes, 0.36 times number of residences.
(14) Laundry, coin-operated, 0.90 times number of washing machines.
(15) Mobile home parks, 0.67 times number of lots or spaces.
(16) Car wash, 2.3 times number of bays.
(17) Fast food takeout (walk-up or drive-up):
(i)
Open 12 or more hours, 0.10 times number of employees;
(ii)
Open less than 12 hours, 0.06 times number of employees.
(b) Where recycling of water is used or other conditions prevail which cause the above-listed nonresidential users to produce more or less average daily sewage flow than that computed by the above formula when the EQU is multiplied by 280 gallons per day, the City Manager may establish the EQU using the formula set forth in subsection
(c) of this section. Where the City Manager deems necessary, the sewer service charge may be charged according to the above formula. Then, after the first 12 months of full operation have passed, where actual water use is observed, the user may be remitted up or down to the sewer service charge computed based on actual water use.
(c) Sewer service charges shall be computed for nonresidential users
that are not listed above by computing the hydraulic flow expected
from the establishment; the EQU shall be computed by dividing the
expected flows by 280 gallons per day.
(d) Industrial Waste.
(1) Industries which discharge a nondomestic wastewater, that are not
otherwise identified in this section, and are in compliance with federal,
State and local limits shall be charged a rate that is equivalent
to the actual cost to treat each 1,000 gallons of nondomestic wastewater
discharged to the system, such charge to be in addition to the domestic
user rate of 0.05 EQU for each employee.
(2) Industries which exceed the established limit of 200 mg/L for BOD 5 and 250 mg/L for TSS shall be charged at a rate calculated
to represent the actual cost to treat a pound of BOD 5 and TSS; this charge shall be in addition to the rate of 0.05 EQU
for each employee.
(3) In those instances when an industry may discharge a wastewater which
exceeds the limit for BOD5 and TSS allowed
by other sections of this code, its basic rate shall be calculated
and an additional surcharge added to that calculated amount.
(e) The total rate per EQU will be as established by resolution of the
City Council and on file in the City Clerk’s office for all
users situated within or without the boundaries of the City.
(f) No connection shall be made to the POTW until a permit has been obtained
from the City and a fee as established by resolution of the City Council
and on file in the City Clerk’s office paid for such permit.
(g) The cost of connection to the POTW shall be borne by the property
owner.
(h) Tank truck operators disposing of wastewater will be assessed a treatment charge based on tank size or gallons discharged. Loads are measured by tank size or gallons. Acceptable water and waste for disposal shall exclude waste enumerated in GJMC §
13.04.240 and
13.04.370 or which is otherwise regulated by a valid permit or similar regulated guideline.
(i) Users of the POTW within the City and County shall be charged the
same where the services performed for the users are the same. Where
services performed are not the same, the difference in the cost of
providing the services shall be determined and the users shall be
charged on the basis of the services provided.
(j) The City will determine average numeric criteria for the quality
and quantity of sewage collected from residential users. The City
will assess a surcharge rate for nonresidential users discharging
waters and wastes with quality characteristics that are greater, i.e.,
of higher strength or concentration, than the average residential
user. Such users will be assessed a surcharge sufficient to cover
the costs of treating the higher strength wastes. The surcharge rate
structure shall be reviewed by the City from time to time and as determined
by the City Manager.
(k) The pro rata cost of connection shall constitute a sewer rental charge subject to lien under GJMC §
13.04.320.
(Ord. 4574, 4-3-13)
Whenever a sewer service account is created or is changed, a
new service fee in an amount as established by resolution of the City
Council and on file in the City Clerk’s office shall be charged.
If water service is being commenced or changed a separate fee shall
be charged therefor.
(Ord. 4574, 4-3-13)
(a) If the sewer service is disconnected by shutting off the water supply,
reconnection shall be made only upon the payment of all delinquencies
plus a reconnecting charge as established by resolution of the City
Council.
(b) It shall be unlawful, after sewer service has been disconnected by
shutting off the water supply or in any other manner, for any person
to (1) reconnect such water supply without the consent of the City,
and/or (2) use hauled water in lieu of a permanent water supply. Any
person violating this provision shall be deemed guilty of a misdemeanor.
(c) A violation of this code shall be punished by a fine or imprisonment or both pursuant to the limits established in GJMC §
1.04.090. Each day or portion thereof that any violation of any provision of this code exists shall constitute a separate offense.
(Ord. 4574, 4-3-13)
The plant investment fee shall be charged to recover the cost
of construction of main interceptor lines and sewage treatment works
as determined by the City Manager in accordance with and pursuant
to applicable law.
(Ord. 4574, 4-3-13)
(a) Prior to connection of any building, premises or lot to any sewer
system which utilizes the sewage treatment works or sewage transportation
system of the City, the owner of that building, premises or lot shall
pay a basic plant investment fee (BPIF) to the City.
(b) BPIFs shall be paid within 120 days prior to actual connection of
the building, premises or lot to the sewer system and no prepayment
shall be allowed except with the permission of the City Manager.
(c) The basic plant investment fee (BPIF) shall be as adopted by resolution
of the City Council.
(Ord. 4574, 4-3-13)
(a) The plant investment fee for any building, lot or premises other
than a single-family residence shall be computed using the formula
set out in this subsection; provided, that the PIF for any building,
lot or premises shall not be less than the BPIF.
Formula for PIF:
PIF = (BPIF) x (EQU)
The EQU is determined by using the following values as applied
for the type of use in which the building, premises or lot is to be
used:
(1)
|
Any single-family dwelling above 1.00
|
EQU
|
(2)
|
Multiple-family dwellings, 0.72 x number of single-family units
|
EQU
|
(3)
|
Hotels and motels:
|
|
|
(i)
|
No restaurants or kitchens, 0.36 x number of rooms
|
EQU
|
|
(ii)
|
With kitchenettes, 0.43 x number of rooms
|
EQU
|
|
(iii)
|
With restaurants: Use above then add restaurants from below
|
|
(4)
|
Restaurants:
|
|
|
(i)
|
Greater than 12-hour operation to 24-hour operation, 0.21 x
number of seats
|
EQU
|
|
(ii)
|
Twelve-hour or less operation, 0.14 x number of seats
|
EQU
|
|
(iii)
|
Bar, no food, 0.04 x number of seats
|
EQU
|
(5)
|
Schools:
|
|
|
(i)
|
No food or showers, 0.04 x number of student capacity
|
EQU
|
|
(ii)
|
Add to subsection (a)(5)(i) of this section for cafeterias,
0.02 x number of student capacity
|
EQU
|
|
(iii)
|
Add to subsection (a)(5)(i) of this section for showers, 0.02
x number of student capacity
|
EQU
|
|
(iv)
|
Boarding schools, 0.27 x number of student capacity
|
EQU
|
(6)
|
Service stations:
|
|
|
Without wash rack, 1.00
|
EQU
|
|
With wash rack, 2.3 per rack
|
EQU
|
(7)
|
Shopping centers and stores, 0.35 x number of thousand square
feet of store space
|
EQU
|
(8)
|
Travel trailer park (KOA, etc.), 0.25 x number of trailer parking
spaces
|
EQU
|
(9)
|
Churches and assembly halls, theaters and arenas, 0.01 x number
of seating capacity
|
EQU
|
(10)
|
Drive-in theaters, 0.02 x number of car spaces
|
EQU
|
(11)
|
Factories, warehouses and offices (not including industrial
waste), 0.05 x number of employees
|
EQU
|
(12)
|
Hospital, 0.89 x number of bed spaces
|
EQU
|
(13)
|
Institution – Nursing home, 0.36 x number of residences
|
EQU
|
(14)
|
Laundry, coin-operated, 0.90 x number of washing machines
|
EQU
|
(15)
|
Mobile home parks, 0.67 x number of lots or spaces
|
EQU
|
(16)
|
Car wash, 2.3 x number of bays
|
EQU
|
(17)
|
Fast food takeout (walk-up or drive-up):
|
|
|
Open 12 hours or more each day, 0.10 x number of employees
|
EQU
|
|
Open less than 12 hours per day, 0.06 x number of employees
|
EQU
|
(b) Where recycling of water is used or other conditions prevail which cause the above-listed nonresidential users to produce more or less average daily sewage flow than that computed by the above formula when the EQU is multiplied by 280 gallons per day, the City Manager may establish the EQU using the formula set forth in subsection
(c) of this section. Where the City Manager deems necessary, the PIF may be charged according to the above formula. Then, after the first 12 months of full operation have passed, where actual water use is observed, the PIF may be revised up or down based on actual water use.
(c) PIFs shall be computed for nonresidential users that are not listed
above by computing the hydraulic flow expected from the establishment.
The EQU can be computed by dividing the expected daily flow by 280
gallons per day or by dividing the expected organic load in pounds
of BOD5 per day by 0.47 pound of BOD5. The higher EQU obtained by the two methods shall be
used in computing the PIF.
(d) Sewer extension charges are as established by resolution of the City
Council.
(Ord. 4574, 4-3-13)
All sewer rental charges, including but not limited to all rates (see definition, GJMC §
13.04.010), shall constitute a lien upon any lot, land, building or premises served, and if such amounts shall not be paid when due, such service, if within the City’s water system, may be disconnected by the City without further notice, by shutting off the water supply therefrom, or, in other areas of the 201 sewer service area, the POTW, the City Manager may certify the charge to the County Treasurer to be placed upon the tax list for the current year to be collected in the manner other taxes are collected, with 10 percent added thereto to defray the cost of collection, plus interest at the rate of one percent per month or as established by resolution of the City Council, and all laws of the State for the assessment and collection of general taxes, including the laws for the sale of property for taxes and redemption of the same, shall apply.
(Ord. 4574, 4-3-13)
(a) All sewer charges shall be dated and sent out to the owner of the premises served or to whom the owner may direct at regular intervals. Such sewer service charges shall be added to and made a part of the water bill if customers receive water service from the City, or by separate billing if water service is from other than the City. Provisions of this code relative to the payment of delinquent water bills shall also apply to delinquent sewer bills in all respects, including the discontinuance of water service for nonpayment of sewer charges as set forth in GJMC §
13.04.310.
(b) The owner of the premises, as well as the occupants thereof, shall
have 30 days to notify the City of any change of building structure
and/or use to ensure correct monthly charges. The City will be under
no obligation to credit or refund any account beyond expiration of
the 30-day notification period.
(c) In the event any user of the POTW neglects, fails or refuses to pay
the rates, fees or charges imposed or levied by this code for the
connection or use of the POTW or facilities, such rates, fees or charges
shall constitute a lien upon the real property so served by such sewer
connection. The amount due will be collected in the same manner as
though it were part of the taxes. This is an additional remedy to
others of the City.
(Ord. 4574, 4-3-13)
The rates and charges for wastewater service are established
so that each user class pays its proportionate share of the costs
of wastewater treatment services, and the City Manager is hereby directed
to annually review the charge structure to assure that proportionality
between user classes is maintained and to recommend modifications
as appropriate. Each user shall be notified annually by the City of
the rate and that portion of the user charges which are attributable
to wastewater treatment services.
(Ord. 4574, 4-3-13)
The funds received from the collection of the charges or rentals
authorized by this code shall be deposited with the City Manager and
shall be deposited in a fund to be known as the sewer fund and, when
lawfully appropriated, shall be used for the maintenance, operation,
extension and improvement of the POTW, and for interest on and discharging
of principal of bonds and other obligations incurred in the acquisition,
construction, improvement and extension of the POTW.
(Ord. 4574, 4-3-13)
(a) Applicability.
This code sets forth uniform requirements
for all industrial users discharging to the POTW and enables the City
to comply with all applicable State and federal laws including the
Clean Water Act and the General Pretreatment Regulations (
40 CFR Part
403). Any industrial
user, the discharge from which directly or indirectly enters the POTW
from areas within or without the boundaries of the City of Grand Junction
or Mesa County, shall be bound by this code as it now exists or may
hereafter be amended. This code may be enforced against any industrial
user.
(b) Objectives.
The objectives of this code are:
(1) To prevent the introduction of pollutants into the publicly owned
treatment works (POTW) that will interfere with the operation of the
system or contaminate the resulting sludge;
(2) To prevent the introduction of pollutants into the POTW which will
pass through the system, inadequately treated, into receiving waters
or the atmosphere or otherwise be incompatible with the system;
(3) To improve the opportunity to recycle and reclaim wastewaters and
sludges from the system;
(4) To provide for and promote the general health, safety and welfare
of the citizens residing within the City or County and connecting
jurisdictions;
(5) To enable the City to comply with its Colorado Discharge Permit System
(CDPS) permit conditions, sewage sludge use and disposal requirements,
and any other applicable federal or State laws or regulations to which
the POTW is subject;
(6) To prevent adverse impacts to worker health and safety due to the
discharge of pollutants from industrial users; and
(7) To provide for fees for the equitable distribution of the cost of
operation, maintenance, and improvement of the POTW.
(c) Nondomestic Industrial Users.
It shall be unlawful for
any industrial user to discharge any domestic or nondomestic wastewater
into any natural waterway, any surface drainage, or storm drain in
any area under the jurisdiction of the City. No industrial wastewater
shall be discharged to the POTW unless done so in compliance with
the provisions of this code.
(d) Responsibility and Authority of the City.
(1) Except as otherwise provided herein, the City Manager shall administer,
implement, and enforce the provisions of this code. Any powers granted
to or duties imposed upon the City Manager may be delegated by the
City Manager to other City personnel.
(2) The City shall attempt to notify in writing any industrial user whom
they have cause to believe is subject to a National Categorical Pretreatment
Standard or Requirement, or other applicable requirements promulgated
by the EPA under the provisions of Section 204(b) or 405 of the Act,
or under the provisions of Sections 3001, 3004, or 4004 of the Solid
Waste Disposal Act. Failure of the City to so notify industrial users
shall not relieve said industrial users from the responsibility of
complying with applicable pretreatment standards and requirements.
It is the responsibility of significant industrial users to apply
for and receive a permit prior to discharge, whether or not the industrial
user has been identified and formally requested to do so.
(3) If wastewaters containing any pollutant, including excess flow, or
as otherwise defined in this code, are discharged or proposed to be
discharged to the POTW, the City may take any action necessary to:
(i) Prohibit the discharge of such wastewater;
(ii)
Require an industrial user to demonstrate that in-plant facility
modifications will reduce or eliminate the discharge of such substances
in conformity with this code;
(iii)
Require treatment, including storage facilities or flow equalization
necessary to reduce or eliminate the potential for a discharge to
violate this code;
(iv)
Require the industrial user making, causing or allowing the
discharge to pay any additional cost or expense incurred by the City
for handling, treating, disposing or remediation costs as a result
of wastes discharged to the wastewater treatment system;
(v) Require the industrial user to apply for and obtain a permit;
(vi)
Require timely and factual reports from the industrial user
responsible for such discharge; or
(vii)
Take such other action as may be necessary to meet the objectives
of this code.
(Ord. 4574, 4-3-13)
(a) In addition to the definition of terms in GJMC §
13.04.010, the following words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Approval authority
is the State Director in an NPDES state with an approved
state pretreatment program or the Regional Administrator of the EPA
in a non-NPDES state or NPDES state without an approved state pretreatment
program.
Authorized representative of the industrial user
is:
(1)
If the industrial user is a corporation:
(i)
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; or
(ii)
The manager of one or more manufacturing, production, or operating
facilities, provided the manager is authorized to make management
decisions which govern the operation of the regulated facility including
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; can ensure that the necessary systems are established
or actions taken to gather complete and accurate information for industrial
discharge permit requirements; and where authority to sign documents
has been assigned or delegated to the manager in accordance with corporate
procedures.
(2)
If the industrial user is a partnership or sole proprietorship:
a general partner or proprietor, respectively.
(3)
If the industrial user is a federal, State, or local government
facility: A City or district or highest official appointed or designated
to oversee the operation and performance of the activities of the
governmental facility, or their designee.
(4)
The individuals described in subsections
(1) through
(3) of this definition may designate another authorized representative if the authorization is made in writing, the authorization specifies the individual or a position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City.
Best management practices (BMPs)
are schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the general and specific prohibitions listed in GJMC §
13.04.370. BMPs may also include, but are not limited to, treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. BMPs shall be considered local limits and pretreatment standards for the purposes of this code and Section 307(d) of the Act (
40 CFR
Section
403.5(c)(4)).
Categorical pretreatment standard
means 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. Section
1317) that apply to a specific category of industrial users
and that appear in
40 CFR Code I, subCode N, Parts 405 – 471.
City Manager
means the City Manager for the City of Grand Junction or
his/her designee.
Colorado Discharge Permit System or CDPS
means the State of Colorado program for issuing, conditioning,
and denying permits for the discharge of pollutants from point sources
into waters of the State implemented by the Colorado Department of
Public Health and Environment pursuant to Section 402 of the Clean
Water Act.
Composite sample
refers to a representative flow proportioned sample generally
collected within a 24-hour period and combined according to flow.
Time proportional sampling may be approved or used by the City where
time-proportional samples are believed representative of the discharge.
Control authority
refers to the City of Grand Junction and Mesa County, co-permittees
on the CDPS Permit # CO0040053. Mesa County has delegated the authority
to implement and enforce the pretreatment program required by the
CDPS permit to the City of Grand Junction.
Cooling water
means the water discharged from any use such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat. Cooling water includes:
(1)
Contact. Water used for cooling purposes which comes in contact
with any raw material, intermediate product, waste product or finished
product.
(2)
Noncontact. Water used for cooling purposes which does not come
in contact with any raw material, intermediate product, waste product
or finished product and the only pollutant added is heat.
Existing source
is a source of discharge by an industrial user, the construction
of which commenced prior to the publication of a proposed categorical
pretreatment standard which is subsequently promulgated in accordance
with Section 307 of the Clean Water Act, or as otherwise specified
in the applicable categorical pretreatment standard.
Fats, oil and grease
(animal/vegetable) (FOG) is equivalent to the nonpetroleum
organic polar fraction of hexane extractable material (HEM, polar
material) derived from animal or plant sources such as fats, non-hydrocarbons,
fatty acids, soaps, waxes, and oils that contain multiple carbon chain
triglyceride molecules using methods approved in
40 CFR Part
136 as amended.
Grab sample
means a sample which is taken from a waste stream on a one-time
basis with no regard to the flow and over a period of time not to
exceed 15 minutes.
Holding tank waste
means any waste from a holding tank such as vessels, chemical
toilets, campers or trailers, septic tanks and vacuum pump tank trucks.
Indirect discharge or discharge
means the introduction of pollutants into a POTW from any
non-domestic source regulated under Section 307(b), (c) or (d) of
the Act (including holding tank waste discharged to the system).
Industrial
means of or pertaining to industry, manufacturing, agriculture,
commerce, trade or business, as distinguished from domestic or residential.
Industrial discharge permit
means a permit issued to an industrial user by the City that allows, limits and/or prohibits the discharge of pollutants or flow to the POTW as set forth in GJMC §
13.04.390.
Instantaneous limit
is the maximum or minimum concentration or measurement of
a pollutant property allowed to be discharged at any time for any
length of time. For pollutants, compliance is typically determined
by use of a grab sample.
Interference
is a discharge, which alone or in conjunction with a discharge
or discharges from other sources, both:
(1)
Inhibits or disrupts the POTW treatment processes or operations
or its sludge processes, use or disposal; and
(2)
Therefore, is a cause of violation of any requirement of the
City’s CDPS 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 any of the following statutory/regulatory
provisions or permits issued hereunder, or any more stringent State
or local regulations: Section 405 of the Act; the Solid Waste Disposal
Act (SWDA), including Title II commonly referred to as the Resources
Conservation and Recovery Act (RCRA); any State regulations contained
in any State sludge management plan prepared pursuant to Subtitle
D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances
Control Act; and the Marine Protection, Research, and Sanctuaries
Act.
Local limits
means any regulation containing pollution discharge limits
promulgated by the City in accordance with
40 CFR Section
403.5(c) and
(d), which are deemed to be pretreatment standards and contained in GJMC §
13.04.370.
New source
means any building, structure, facility or installation from
which there is or may be a discharge of pollutants as defined in
40 CFR Section
403.3(m) and incorporated herein by reference.
Pass through
means a discharge which exits the POTW into waters of the
United States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the POTW’s CDPS permit including
an increase in the magnitude or duration of a violation.
pH
is the intensity of acid or base condition of the solution
expressed as the logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in moles per liter of solution and reported
as standard units (SU).
Pollutant
means any dredged spoil, solid waste, incinerator residue,
sewage, garbage, septic waste, sewage sludge, munitions, chemical
wastes, medical wastes, biological materials, radioactive materials,
heat, wrecked or discharged equipment, rock, sand, cellar dirt, and
industrial, municipal and agricultural waste discharged into water.
Pollution
means the man-made or man-induced alteration of the chemical,
physical, biological or radiological integrity of water.
Pretreatment
means the reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater prior to or in lieu of discharging or otherwise introducing
such pollutants into the POTW. The reduction or alteration may be
obtained by physical, chemical or biological processes, process changes
or by other means, except as prohibited by
40 CFR Section
403.6(d). Appropriate pretreatment technology includes control equipment,
such as flow equalization tanks or facilities, for protection against
surges or slug loadings that might interfere with or otherwise be
incompatible with the POTW. However, where wastewater from a regulated
process is mixed in a flow equalization facility with unregulated
wastewater or with wastewater from another regulated process, the
effluent from the flow equalization facility must meet an adjusted
pretreatment limit calculated in accordance with
40 CFR Section
403.6(e).
Pretreatment requirement(s)
means any substantive or procedural requirement related to
pretreatment, other than a national pretreatment standard, imposed
on an industrial user.
Pretreatment standard, national pretreatment
standard, or standard
mean any regulation containing pollutant discharge limits
promulgated by the EPA in accordance with Section 307(b) and (c) of
the Act, which applies to industrial users. The term includes prohibitive
discharge limits, local limits, and best management practices that
are or may be established by the City. In cases of differing standards
or regulations, the more stringent shall apply.
Sector control program
is any program designed to control specific pollutants from industrial users with similar operations, waste generation or treatment through the implementation of pretreatment standards and requirements, including best management practices. Sector control program requirements may be found at GJMC §
13.04.460.
Significant industrial user (SIU).
Except as provided in subsections
(3) and
(4) of this definition, a
significant industrial user is:
(1)
An industrial user subject to categorical pretreatment standards;
or
(2)
An industrial user that:
(i)
Discharges an average of 25,000 gallons per day (25,000 gpd)
or more of process wastewater to the POTW (excluding sanitary, noncontact
cooling, and boiler blowdown wastewater);
(ii)
Contributes a process wastestream which makes up five percent
or more of the average dry weather hydraulic or organic capacity of
the POTW treatment plant; or
(iii)
Is designated as such by the City 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.
(3)
The City may determine that an industrial user subject to categorical
pretreatment standards is a nonsignificant categorical industrial
user rather than a significant industrial user on a finding that the
industrial user never discharges more than 100 gallons per day (100
gpd) of total categorical wastewater (excluding sanitary, noncontact
cooling and boiler blowdown wastewater, unless specifically included
in the pretreatment standard) and the following conditions are met:
(i)
The industrial user, prior to the City’s finding, has
consistently complied with all applicable categorical pretreatment
standards and requirements;
(ii)
The industrial user annually submits the certification statement
as found in
40 CFR
403.12(g), together with any additional information necessary to support the
certification statement; and
(iii)
The industrial user never discharges any untreated concentrated
wastewater.
(4)
Upon finding by the City that an industrial user meeting the criteria in subsection
(2) of this definition has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or pretreatment requirement the City may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with
40 CFR
403.8(f)(2), determine that such industrial user is not a significant industrial
user.
Slug discharge
refers to any discharge of a nonroutine, episodic nature,
including but not limited to an accidental spill or a noncustomary
batch discharge, or a discharge which exceeds the hydraulic or design
capacity of an industrial user’s treatment system or any part
of the treatment unit which has a reasonable potential to cause interference
or pass through, or in any other way violate an applicable pretreatment
standard or pretreatment requirement, this code, or an industrial
user permit issued by the City.
Standard Industrial Classification (SIC)
means a classification pursuant to the Standard Industrial
Classification Manual issued by the Executive Office of the President,
Office of Management and Budget, 1972, as amended.
Toxic pollutant
includes, but is not limited to, any pollutant or combination
of pollutants listed as toxic in regulations promulgated by the administrator
of the EPA under the provisions of Section 307(a) of the Act or Act
or as otherwise listed at
40 CFR Part
122, Appendix
D.
User
means industrial user.
(b) The following abbreviations shall have the meanings designated in
this section:
BMP:
|
Best Management Practices
|
BOD5:
|
Biochemical Oxygen Demand5
|
BTEX:
|
Benzene, Toluene, Ethylbenzene and Xylene
|
CDPHE:
|
Colorado Department of Public Health and Environment
|
CDPS:
|
Colorado Discharge Permit System
|
CFR:
|
Code of Federal Regulations
|
CWA:
|
Clean Water Act
|
EPA:
|
Environmental Protection Agency
|
FOG:
|
Fats, Oils and Grease (animal/vegetable)
|
mg/L:
|
Milligrams per Liter
|
O&M:
|
Operation and Maintenance
|
POTW:
|
Publicly Owned Treatment Works
|
NPDES:
|
National Pollutant Discharge Elimination System
|
RCRA:
|
Resource Conservation and Recovery Act
|
SIC:
|
Standard Industrial Classification
|
SIU:
|
Significant Industrial User
|
SMR:
|
Self-Monitoring Report
|
SNC:
|
Significant Noncompliance
|
TRPH:
|
Total Recoverable Petroleum Hydrocarbons
|
TSS:
|
Total Suspended Solids
|
U.S.C.:
|
United States Code
|
WWTP:
|
Wastewater Treatment Plant
|
(Ord. 4574, 4-3-13)
(a) General Discharge Prohibitions.
An industrial user may not introduce into a POTW any pollutant(s) which cause(s) pass through or interference. These general prohibitions and the specific prohibitions in subsection
(b) of this section apply to each industrial user, unless otherwise specified, introducing pollutants into a POTW whether or not the industrial user is subject to other pretreatment standards or requirements.
(b) Specific Prohibitions.
(1) Pollutants which create a fire or explosion hazard in the POTW, including,
but not limited to, wastestreams with a closed cup flashpoint of less
than 140 degrees Fahrenheit or 60 degrees Celsius using the test methods
specified in
40 CFR Section
261.21. The City Manager may require industrial users with
the potential to discharge flammable, combustible or explosive substances
to install and maintain an approved combustible gas detection meter
or explosion hazard meter. No two successive readings on an explosion
hazard meter at the point of discharge shall be more than five percent,
or any one reading more than 10 percent, of the lower explosive limit
(LEL) of the meter.
(2) Pollutants which will cause corrosive structural damage to the POTW,
but in no case discharges with pH lower than 5.0 S.U., unless the
works is specifically designed to accommodate such discharges.
(3) Any solid or viscous pollutants in amounts which will cause obstruction
to the flow in the POTW resulting in interference.
(4) Any pollutant, including oxygen demanding pollutants (BOD 5, etc.) released in a discharge at a flow rate and/or
pollutant concentration which will cause interference with the POTW.
(5) 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 treatment plant exceeds 40 degrees
Celsius (104°F) unless the EPA, upon request of the POTW, approves
alternate temperature limits. No liquid or vapor having a temperature
higher than 140 degrees Fahrenheit or exceeding any lower limit fixed
by the City Manager to prevent odor nuisance shall be discharged.
(6) Petroleum oil, nonbiodegradable cutting oil, or products of mineral
oil origin in amounts that will cause interference or pass through.
(7) Pollutants which result in the presence of toxic gases, vapors, or
fumes within the POTW in a quantity that may cause acute worker health
and safety problems.
(8) Any trucked or hauled pollutants, except at discharge points designated
by the City. The discharge of any trucked or hauled waste originating
outside of Mesa County is prohibited.
(9) The following nondomestic discharge limitations are established to
protect sludge quality and prevent pass through and interference with
the proper operation of the POTW. These limits are shown in maximum
allowable concentrations:
(ii)
BTEX (aggregate parameter of benzene, ethyl benzene, toluene,
and xylene) 750 µg/L;
(iii)
Fats, oil and grease (animal/vegetable) (HEM polar) 200 mg/L;
(iv)
Total petroleum hydrocarbons (SGT-HEM-non-polar) 50 mg/L.
(10) Sludge or other material from sewage or industrial waste treatment
plants or from water treatment plants, unless agreed to by the City
Manager.
(11) Water accumulated in excavations or accumulated as the result of
grading, water taken from the ground by well points or any other drainage
associated with construction without prior approval by the City Manager.
(12) Bulk, expired, outdated or concentrated prescription or nonprescription
drugs. Hazardous waste pharmaceuticals or DEA controlled substances
to the POTW by a healthcare facility or reverse distributor pursuant
to
40 CFR
Section
266.505.
(13) Any waters or wastes containing grease or oil or other substances
that will solidify or become discernibly viscous at temperatures between
32 degrees Fahrenheit and 150 degrees Fahrenheit.
(14) Any waters or wastes that contain concentrated dye waste or other
waste that is either highly colored or could become highly colored
by reacting with any other waste, and which is not removable in the
POTW.
(15) Any waters or wastes that contain a corrosive, noxious or malodorous
gas or substance which, either singly or by reaction with other wastes,
is capable of causing damage to the system or to any part thereof,
of creating a public nuisance or hazard, or of preventing entry into
the sewers for maintenance and repair.
(16) Any radioactive wastes or isotopes of such half-life or concentration
as may exceed limits established by the City Manager in compliance
with applicable State or federal regulations.
(18) Stormwater drainage from ground resulting in infiltration and inflow
(I&I) through the industrial user’s service line(s) or surface,
roof drains, catch basins, unroofed area drains (e.g., commercial
car washing facilities) or any other source unless otherwise approved
by the City Manager. Specifically prohibited is the connection of
roof downspouts, exterior foundation drains, areaway drains, or other
sources of surface runoff or groundwater to a building sewer or building
drain which in turn is connected directly or indirectly to the City’s
wastewater collection system. No industrial user shall connect or
discharge water from underground drains, sump pump discharges, natural
springs and seeps, water accumulated in excavation or grading or any
other water associated with construction activities.
(19) Any pollutant or discharge directly into a manhole or other opening
in the POTW unless specifically authorized by the City Manager or
as otherwise permitted under this code. Prohibited is the opening
of a manhole or discharging into any opening in violation of this
code.
(20) Liquid wastes from chemical toilets and trailers, campers or other
recreational vehicles which have been collected and/or held in tanks
or other containers shall not be discharged into the POTW except at
locations authorized by the City to collect such wastes.
(21) No chemicals, materials, or substances, including but not limited
to paints, solvents, boiler or water treatment chemicals, sludges,
chemicals, or wastes, shall be stored in proximity to a floor drain
or other sewer openings. Containers shall be clearly labeled and stored
in a place where the chemicals, materials, substances or wastes, in
case of leakage or rupture of the container, cannot enter the wastewater
collection system. The storage of any chemicals, materials, substances
or wastes that leak or have potential to leak or discharge into the
wastewater collection system which may create an explosion hazard
or in any way have a deleterious effect to the POTW or constitute
a nuisance or a hazard to POTW personnel, the general public, the
environment, or the receiving stream shall be prohibited.
(22) Any water contaminated as a result of discharge from aboveground
and/or underground gasoline, diesel fuels, fuel oil, kerosene, and
jet fuel tanks, tank accessories, and/or pipelines without applying
for and obtaining a permit prior to discharge.
(23) Any wastes containing detergents, surface-active agents, or other
substances in concentrations which cause or may cause excessive foaming
in the POTW or cause or contribute to interference or pass through.
(24) Any pollutant or wastewater containing pollutants with UV (254 nm)
absorbing substances which cause or may cause interference with UV
disinfection at the WWTP.
(25) Wastes that have been collected and/or held in a tank or other container
and where such wastes fail to comply with any pretreatment standard
or requirement.
(26) Discharge of nonylphenol from the use of bulk or concentrated nonylphenol
containing detergents as employed by some industrial or commercial
laundries, car washes or asphalt manufacturers or other industrial
users.
(27) Discharge of any wastewater containing perchloroethylene (PCE) (also
known as tetrachloroethene and tetrachloroethylene) from any industrial
user involved in the dry cleaning business.
(c) Dilution is prohibited as a substitute for treatment; dilution when
used or attempted as a substitution for treatment shall be a violation
of this code. Except where expressly authorized to do so by an applicable
pretreatment standard or requirement, no industrial user shall ever
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 a pretreatment standard or pretreatment
requirement. The City may impose mass limitations on industrial users
which are using dilution to meet applicable pretreatment standards
or requirements or in other cases where the imposition of mass limitations
is appropriate.
(d) Specific Discharge Limitations.
No significant industrial
user (SIU) or other designated non-SIU shall discharge or cause to
be discharged wastewater containing pollutants that exceed the following
limits:
Pollutant
|
Daily Maximum Discharge Limits (1)
(mg/L as Total)
|
---|
Arsenic
|
0.244
|
Cadmium
|
0.145
|
Chromium
|
4.12
|
Copper
|
4.1
|
Lead
|
0.89
|
Mercury
|
0.0075
|
Nickel
|
4.39
|
Selenium
|
0.16
|
Silver
|
0.432
|
Zinc
|
4.05
|
(1) Maximum Allowable Industrial Loading (MAIL). The City may implement
local limits through allocation of the MAIL to SIUs and specific permitted
non-SIUs that correspond to the uniform concentration local limits
shown in the table above and are hereby incorporated by reference.
The MAILs are shown in the document “Persigo Wastewater Treatment
Facility, Grand Junction, CO Local Limits” dated July 24, 2019.
(e) Surcharge.
Industrial users that discharge wastewater that exceeds normal domestic strength wastewater as defined in GJMC §
13.04.010 may be surcharged in accordance with adopted surcharge rates for flow, BOD
5 and/or TSS (see GJMC §
13.04.250). In no case shall a surcharge be allowed that causes a violation of the general or specific prohibitions or an industrial discharge permit, results in a mass-based local limit to be exceeded, causes the WWTP hydraulic or treatment capacity to be exceeded or results in a violation of a categorical pretreatment standard.
(f) All industrial users subject to a categorical pretreatment standard
shall comply with all requirements of such standard, and shall also
comply with any limitations contained in this code. Where the same
pollutant is limited by more than one pretreatment standard, the limitations
which are more stringent shall prevail. Compliance with categorical
pretreatment standards shall be in the time frame specified in the
applicable categorical pretreatment standard.
(g) The City may establish more stringent pollutant limits, additional
site-specific pollutant limits, best management practices, and/or
additional pretreatment requirements when, in the judgment of the
City, such limitations are necessary to implement the provisions of
this code.
(h) Promulgation of Standards.
(1) Upon the promulgation of the federal categorical pretreatment standard
for a particular industrial subcategory, the federal standard, if
more stringent than limitations imposed by this code for sources in
that subcategory, shall immediately supersede the limitations imposed
by this code as required by the applicable categorical pretreatment
standard.
(2) State requirements and limitations on discharges shall apply in any
case where they are more stringent than federal pretreatment standard
and pretreatment requirements or those in this code.
(Ord. 4880, 11-6-19; Ord. 4640, 11-5-14; Ord. 4574, 4-3-13)
(a) Pretreatment and Monitoring Facilities.
(1) Treatment Required.
An industrial user shall provide
necessary wastewater treatment at the industrial user’s expense
as required to comply with this code and shall achieve compliance
with all pretreatment standard and pretreatment requirement(s) within
the time limitations specified by the EPA, the State, or the City,
whichever is more stringent. Detailed plans showing the pretreatment
facilities and operating procedures shall be submitted to the City
Manager for review and shall be deemed acceptable by the City before
construction of the facility. The review of such plans and operating
procedures will in no way relieve the industrial user from the responsibility
of modifying the facility as necessary to produce an effluent acceptable
to the City under the provisions of this code.
(2) Wastewater Discharge Control.
The City may require an
industrial user to restrict discharge during peak flow periods, designate
that certain wastewater be discharged only into specified 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 POTW and demonstrate the industrial user’s
compliance with the requirements of this code.
(3) Flow Equalization.
The City may require any industrial
user discharging into the POTW to install and maintain, on their property
and at their expense, a suitable storage and flow-control facility
to ensure equalization of flow. An industrial discharge permit may
be issued solely for flow equalization.
(4) Monitoring Facilities.
The City may require an industrial
user to install at the industrial user’s expense, a manhole
and suitable monitoring facilities or equipment that allows for the
representative sampling and accurate observation of wastewater discharges
and be maintained by the industrial user so as to be safe and accessible
at all times. Whether constructed on public or private property, the
monitoring facilities shall be constructed in accordance with the
City’s requirements and all applicable construction standards
and specifications. Monitoring equipment and structures shall be maintained
in proper working order and kept safe and accessible at all times
to City personnel. The monitoring equipment shall be located and maintained
on the industrial user’s premises outside of the building unless
otherwise approved by the City. When such a location would be impractical,
the City may allow such facility to be constructed in the public street
or easement area, with the approval of the agency having jurisdiction
over such street or easement, and located so that it will not be obstructed
by public utilities, landscaping or parked vehicles.
(5) Multi-tenant Buildings.
When more than one industrial
user is able to discharge into a common service line, the City may
require installation of separate monitoring and/or metering equipment
for each industrial user.
(6) Flow, pH and Lower Explosive Limit (LEL) Meters.
If
the City determines that an industrial user needs to measure and report
wastewater flow and/or discharge process wastewaters necessitating
continuous pH measurement and/or discharge wastewater that may contain
flammable substances, they may be required to install and maintain,
at the industrial user’s expense, approved meters, structures
and equipment.
(7) Unless approved by the City Manager in writing, no industrial user
shall cover any manhole, sewer cleanout, or other openings in the
wastewater collection system with earth, paving, or otherwise render
it inaccessible.
(b) Right of Entry.
(1) Whenever it shall be necessary for the purposes of this code, the
City may enter upon any industrial user’s facility, property
or premises for the purposes of:
(i) Performing all inspection, surveillance and monitoring procedures
necessary to determine, independent of information supplied by industrial
users, compliance or noncompliance with applicable pretreatment standards
and pretreatment requirements by an industrial user. Compliance monitoring
and inspection shall be conducted at a frequency as determined by
the City and may be announced or unannounced;
(ii)
Examining and copying any records required to be kept under
the provisions of this code or of any other local, State or federal
regulation;
(iii)
The City may use electronic means of its choosing to photograph,
videotape and/or digitally collect and preserve images and sound of
any areas of any facility as deemed necessary by the City for carrying
out the duties of the industrial pretreatment program including, but
not limited to, documentation of the industrial user’s compliance
status and for reinforcement of required written reports. The industrial
user shall be allowed to review copies of data the City obtains so
that the industrial user may assert confidentiality;
(iv)
Inspecting any monitoring equipment or method, pretreatment
system equipment and/or operation;
(v) Sampling any discharge of wastewater into POTW; and/or
(vi)
Inspecting any production, manufacturing, fabricating or storage
area where pollutants, regulated under this code, could originate,
be stored, or be discharged to the POTW.
(2) The occupant of such property or premises shall render all proper
assistance in such activities. Where an industrial user has security
measures in place which require proper identification and clearance
before entry into its premises, the industrial user shall make necessary
arrangements with its security personnel so that authorized representatives
of the City will be permitted to enter without delay to perform their
specified functions.
(3) The City Manager and other duly authorized agents and employees of
the City are entitled to enter all private properties through which
the City or any connecting jurisdiction holds an easement.
(4) Failure to Allow Entry or Unreasonable Delays.
In the
event the City or other duly authorized representative of the City
is refused admission or unreasonably delayed, it is a violation and
may result in enforcement action as allowed for under this code including
revocation of the industrial discharge permit.
(5) Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly removed
by the industrial user at the written or verbal request of the City
Manager and shall not be replaced. The costs of clearing such access
shall be borne by the industrial user.
(c) Search Warrants.
If the City Manager has been refused
access to a building, structure, or property, or any part thereof,
and is able to demonstrate probable cause to believe that there may
be a violation of this code, or that there is a need to inspect and/or
sample as part of a routine inspection and sampling program of the
City designed to verify compliance with this code or any permit or
order issued hereunder, or to protect the overall public health, safety
and welfare of the community, the City Manager may, with the assistance
of the City Attorney, seek issuance of a search warrant from the Grand
Junction Municipal Court.
(Ord. 4574, 4-3-13)
(a) Permits Required.
All significant industrial users proposing
to connect to, or discharge into, any part of the wastewater system
shall apply for and obtain an industrial discharge permit prior to
commencing discharge to the POTW. A separate permit may be required
for each industrial user, building or complex of buildings. Such significant
industrial users shall immediately contact the City and obtain an
industrial waste discharge permit.
(b) New Industrial Users: Applying for an Industrial Discharge Permit.
Any industrial user required to obtain an industrial discharge permit who proposes to begin or recommence discharging into the POTW must apply for and obtain such permit prior to the beginning or recommencing of such discharge. The industrial user shall file a permit application on forms provided by the City containing the information specified in subsection
(f) of this section. The completed application for the industrial discharge permit must be filed at least 90 days prior to the date upon which any discharge will begin or recommence. The City may issue a permit at any time after receipt of the completed permit application.
(c) Existing Industrial Users: Applying for an Industrial Discharge Permit
Reissuance.
An industrial user with an expiring industrial discharge permit shall apply for a new permit by submitting a complete permit application at least 90 days prior to the expiration of the industrial user’s existing discharge permit. The industrial user shall file a permit application on forms provided by the City containing the information specified in subsection
(f) of this section. An industrial user with an existing permit that has filed a complete and timely application may continue to discharge as approved in writing by the City through an administrative extension of the existing permit if the delay in permit issuance is not due to any act or failure to act on the industrial user’s part.
(d) Other Industrial Users.
The City may require other industrial
users to apply for and obtain wastewater discharge permits or similar
control mechanisms necessary to carry out the purposes of this code.
The City may issue a zero discharge permit to prohibit the discharge
of some or all non-domestic process wastewater from an industrial
user.
(e) Enforceability.
Any violation of the terms and conditions
of an industrial discharge permit, failure to apply for a permit as
required, or discharging without a required permit shall be deemed
a violation of this code and subjects the industrial user to enforcement
by the City. Obtaining an industrial discharge permit does not relieve
a permittee of its obligation to comply with all State and federal
pretreatment standards or requirements.
(f) Permit Application Contents.
In support of the application,
the industrial user shall submit, in units and terms appropriate for
evaluation, the following information:
(1) Name of business, address of the facility, location of the discharge
if different from the facility address, and contact information of
the authorized representative of the industrial user.
(2) Environmental Permits.
A list of any environmental control
permits held by or for the facility.
(3) Description of Operations.
(i) A thorough and detailed description of the nature, average rate of
production (including each product produced by type, amount, processes,
and rate of production);
(ii)
The Standard Industrial Classification(s) of the operation(s)
carried out by such industrial user;
(iii)
A schematic process diagram, which indicates all process tanks,
process lines, treatment systems, drains, and points of discharge
to the POTW from the regulated process;
(iv)
Types of wastes generated;
(v) A list of all raw materials and chemicals used or stored at the facility
which are, or could accidentally or intentionally be, discharged to
the POTW;
(vi)
A list of hazardous waste(s) generated and a description of
the storage area and procedures for the wastes;
(viii)
Hours of operation, and proposed or actual hours of operation.
(4) Time and duration of discharges including the date the industrial
user first began discharge or plans to discharge to the POTW.
(5) The location for sampling the wastewater discharges from the industrial
user.
(6) Flow Measurement.
Information showing the average daily
and maximum daily flow, in gallons per day, to the POTW from regulated
process streams and other streams, as necessary, to allow use of the
combined wastestream formula set out in
40 CFR Section
403.6(e). For new sources and new permittees not currently discharging, an estimate of flows may be used for meeting the requirements of the baseline monitoring report required in GJMC §
13.04.450(b).
(7) Measurement of Pollutants.
(i) The pretreatment standards applicable to each regulated process;
(ii)
The results of sampling and analysis identifying the nature
and concentration, and/or mass of regulated pollutants in the discharge
from each regulated process where required by the standard or by the
City;
(iii)
Instantaneous, daily maximum and long-term average concentrations,
or mass, where required, shall be reported;
(iv)
The sample shall be representative of daily operations and shall be collected in accordance with procedures set out in GJMC §
13.04.440 or
13.04.450(b)(3) as appropriate. Where the standard requires compliance with a BMP or pollution prevention alternative, the industrial user shall submit documentation as required by the City for the applicable standards to determine compliance with the standard; and
(v) Analyses must be performed in accordance with procedures set out in GJMC §
13.04.440(c).
(8) A list of hazardous waste(s) generated and a description of the storage
area and procedures for the wastes.
(9) Slug discharge control plan for significant industrial users as described in GJMC §
13.04.450(d) shall be submitted and for nonsignificant industrial user as required by the City.
(10) Compliance Schedule.
If additional pretreatment and/or
operation and maintenance (O&M) will be required to meet the pretreatment
standards, the shortest schedule by which the industrial user will
provide such additional pretreatment and/or O&M. The completion
date in this schedule shall not be later than the compliance date
established for the applicable pretreatment standard.
The following conditions shall apply to this schedule:
(i)
The schedule shall contain increments of progress in the form
of dates for the commencement and completion of major events leading
to the construction and operation of additional pretreatment required
for the industrial user to meet the applicable pretreatment standards
(e.g., hiring an engineer, completing preliminary plans, completing
final plans, executing contract for major components, commencing construction,
completing construction, etc.). No such increment shall exceed nine
months.
(ii)
Not later than 14 days following each date in the schedule and
the final date for compliance, the industrial user shall submit a
progress report to the City Manager including, as a minimum, whether
or not it complied with the increment of progress to be met on such
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 industrial user to return the construction to the schedule
established. In no event shall more than nine months elapse between
such progress reports to the City Manager.
(11) Certification.
A statement, reviewed by an authorized
representative of the industrial user and certified to by a qualified
professional, indicating whether pretreatment standards are being
met on a consistent basis, and, if not, whether additional operation
and maintenance (O&M) and/or additional pretreatment is required
for the industrial user to meet the pretreatment standards and requirements.
(12) Signatory Certification.
All industrial discharge permit applications and certification statements must be signed by an authorized representative of the industrial user and contain the applicable certification statement(s) in GJMC §
13.04.450(g).
(13) Any other information as may be deemed by the City Manager to be
necessary to evaluate the permit application.
(g) Industrial Discharge Permit Issuance.
(1) Permits shall be issued for a specified time period, not to exceed
five years. A permit may be issued for a period of less than five
years at the City’s discretion or may be stated to expire on
a specific date.
(2) Where the City is establishing enforceable permit specific pretreatment
standard or pretreatment requirements that are not otherwise contained
in this code, the industrial discharge permit shall be noticed for
public comment for 30 days in a newspaper of general circulation that
provides meaningful public notice.
(3) The City shall issue an industrial discharge permit to the applicant
if the City finds that all of the following conditions are met:
(i) The applicant has provided a timely and complete permit application
to the City;
(ii)
The proposed discharge by the applicant is in compliance with
the limitations established in this code;
(iii)
The proposed operation and discharge of the applicant would
permit the normal and efficient operation of the POTW; and
(iv)
The proposed discharge by the applicant would not result in
a violation by the City of the terms and conditions of its CPDS permit
or cause pass through or interference.
(4) If the City finds that the condition set out in subsection
(g)(3)(ii) of this section is not met, the City may, at their discretion, issue an industrial discharge permit to the applicant if the conditions set out in subsections
(g)(3)(i),
(3)(iii) and
(3)(iv) of this section have been met and if the applicant submits, and the City approves, a compliance schedule setting out the measures to be taken by the applicant and the dates that such measures will be implemented to ensure compliance with applicable pretreatment standards. At no time shall a discharge be allowed to cause a violation of any general or specific prohibition established in GJMC §
13.04.370 nor shall the final compliance date for a categorical pretreatment standard be extended.
(5) Any industrial user may petition the City to reconsider the terms
of an industrial discharge permit within 10 working days of the permit
issuance date. Failure to submit a timely petition for review shall
be deemed to be a waiver of the administrative appeal. In its petition,
the appealing party must indicate the permit provisions objected to,
the reasons for this objection, and the alternative condition, if
any, it seeks to place in the industrial discharge permit. The effectiveness
of the industrial discharge permit shall not be stayed pending the
appeal. If the City does not act on such appeal within 30 days, a
request for reconsideration shall be deemed to be denied. Decisions
not to reconsider, not to issue an industrial discharge permit, or
not to modify a permit, shall be considered final administrative action
for purposes of judicial review.
(h) Denial by City to Issue a Permit.
(1) In the event the City denies an industrial user’s request for
a permit to discharge, the City Manager shall notify the applicant
in writing of such denial. Such notification shall state the grounds
for such denial with that degree of specificity which will inform
the applicant of the measures or actions which must be taken by the
applicant prior to issuance of a permit.
(2) Upon receipt of notification of denial of permit issuance, the applicant may request a hearing to be held by the City Manager, provided the request is submitted in writing to the City Manager within 10 working days of receipt of the City’s original notification. At such hearing the applicant shall have the burden of establishing that the conditions set out in subsection
(g) of this section are met.
(3) Upon review of the evidence, the City Manager shall make written
findings of fact. Thereupon the City may issue an order issuing an
industrial discharge permit, or directing that such permit shall not
be issued, or giving such other or further orders and directives as
are necessary and appropriate.
(i) Transferability.
Industrial discharge permits are issued
to a specific industrial user for a specific operation. An industrial
discharge permit shall not be reassigned or transferred or sold to
a new owner, new industrial user, different premises, or a new or
changed operation without the prior written approval of the City.
Any succeeding owner shall comply with the terms and conditions of
the existing permit until a new permit is issued. The permittee shall
notify the City at least 10 working days prior to any change of ownership.
(Ord. 4574, 4-3-13)
Industrial discharge permits shall be expressly subject to all
provisions of this code and all other applicable regulations, user
charges and fees established by the City. Permits may contain the
following:
(a) A statement that indicates the permit’s issuance date, expiration
date and effective date;
(b) A statement on permit transferability;
(c) The unit charge or schedule of user charges and fees for the wastewater
to be discharged into a public sewer;
(d) Limits on the average and/or maximum wastewater constituents and
characteristics including, but not limited to, effluent limits, including
best management practices, based upon applicable pretreatment standards;
(e) Limits on average and maximum rate and time of discharge or requirements
for flow;
(f) Requirements for installation and maintenance of inspection and sampling
facilities and equipment;
(g) Self-monitoring, sampling, reporting, notification and recordkeeping
requirements including, but not limited to, identification of the
pollutants to be monitored, sampling location, sampling frequency
and sample type, based on federal, State and local law;
(h) Best management practices (BMPs) to control specific pollutants as
necessary to meet the objectives of this code;
(j) Requirements for notification of the City of any new introduction
of wastewater constituents or any significant change in the volume
or character of the wastewater constituents being introduced into
the wastewater treatment system;
(k) Requirements to control and report any slug discharges and notify
the City immediately of any changes at its facility affecting potential
for a spill or slug discharge and to notify the POTW immediately in
the event of a slug, spill or accidental discharge to the POTW;
(l) Statements of applicable administrative, civil and criminal penalties
for the violation of pretreatment standards and requirements, the
permit, this code, and any applicable compliance schedule;
(m) Requirements to reapply for a new permit prior to expiration of the
existing permit;
(n) Additional monitoring to be reported;
(o) Requirements for the installation of pretreatment technology, pollution
control, or construction of appropriate containment devices, designed
to reduce, eliminate, or prevent the introduction of pollutants into
the treatment works;
(p) Closure requirements for permitted facilities undergoing partial
or complete closure activities to ensure closure activities are completed
and wastes have been properly disposed and remaining access to sanitary
and storm sewers are protected;
(q) Other conditions as deemed appropriate by the City Manager to ensure
compliance with this code.
(Ord. 4574, 4-3-13)
The industrial user shall be informed of any proposed changes
in its permit at least 30 days prior to the effective date of change.
The notification of an industrial discharge permit modification does
not stay any wastewater discharge permit condition. The City may modify
an industrial discharge permit for good cause, including, but not
limited to, the following reasons:
(a) To incorporate any new or revised federal, State, or local pretreatment
standards or requirements;
(b) To address significant alterations or additions to the industrial
user’s operation, processes, or wastewater volume or character
since the time of the industrial discharge permit issuance;
(c) A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge;
(d) Information indicating that the permitted discharge may pose a threat
to the POTW, City personnel, or the receiving waters;
(e) Violation of any terms or conditions of the industrial discharge
permit;
(f) Misrepresentations or failure to fully disclose all relevant facts
in the industrial discharge permit application or in any required
reporting;
(g) To reflect a transfer of the facility ownership and/or operation
to a new owner/operator;
(h) To correct typographical or other errors in the industrial discharge
permit; or
(i) Upon request of the permittee, provided such request does not result
in a violation of any applicable pretreatment standards or requirements,
or this code. The filing of a request by the permittee for a permit
modification does not stay any permit condition.
(Ord. 4574, 4-3-13)
A violation of the conditions of a permit or of this code or
of applicable State and federal regulations shall be reason for revocation
of such permit by the City. Upon revocation of the permit, any wastewater
discharge from the affected industrial user shall be considered prohibited
and in violation of this code. Grounds for revocation of a permit
include, but are not limited to, the following:
(a) Failure of an industrial user to accurately and/or truthfully report
any information on any City required form and/or application and/or
disclose and/or report the wastewater constituents and characteristics
of any discharge; or
(b) Failure of the industrial user to report significant changes in operations
or wastewater constituents and characteristics as required; or
(c) Refusal of access to the industrial user’s premises for the
purpose of inspection or monitoring; or
(d) Falsification of records, reports or monitoring results; or
(e) Tampering with monitoring equipment; or
(f) Misrepresentation or failure to fully disclose all relevant facts
in the industrial discharge permit application; or
(g) Failure to pay fines or penalties; or
(h) Failure to pay sewer charges, surcharges, or pretreatment programs
fees; or
(i) Failure to meet compliance schedules; or
(j) Failure to provide advance notice of the transfer of business ownership
of a permitted facility; or
(k) Failure to provide required reports, including but not limited to
a wastewater survey, baseline monitoring report, 90-day compliance
report, permit application, self-monitoring report or other permit
required reports or notifications within the timeframe required by
the City; or
(l) Violation of any pretreatment standard or requirement, or any terms
of the industrial discharge permit or this code.
(Ord. 4574, 4-3-13)
(a) All industrial users shall retain, and make available for inspection
and copying, all records, reports, monitoring or other data, applications,
permits and all other information and documentation required by this
code including documentation associated with best management practices.
(b) Industrial users shall retain such records and shall keep such records
available for inspection for at least three years. This recordkeeping
period shall be extended automatically for the duration of any litigation
concerning the industrial user’s compliance with any provision
of this code, or when the industrial user has been specifically and
expressly notified of a longer records retention period by the City
Manager.
(c) Written reports will be deemed to have been submitted on the date
postmarked by the public or private delivery service. For reports
which are not mailed, postage prepaid, into a mail facility serviced
by the U.S. Postal Service, the date of receipt of the report shall
govern.
Reports received by fax or email shall be deemed submitted only
if:
(1) The report that is faxed or emailed is deemed complete by the City;
(2) The report contains an affirmative statement and signature of the
authorized representative that such report being faxed or emailed
is being sent by the authorized representative; and
(3) The original, signed report is mailed and received within five days
by the City.
(Ord. 4574, 4-3-13)
(a) Sample Collection.
Compliance determinations with respect
to prohibitions and limitations in this code may be made on the basis
of either grab or composite samples of wastewater as specified by
the City. Such samples shall be taken at a point or points which the
City in its sole discretion determines to be suitable for obtaining
a representative sample of the discharge. Composite samples may be
taken over a 24-hour period, or over a longer or shorter time span,
as determined by the City to meet specific circumstances.
(b) Sample Type.
Samples collected to satisfy reporting
requirements must be based on data obtained through appropriate sampling
and analysis performed during the period covered by the report, and
based on data that is representative of conditions occurring during
the reporting period.
(1) Except as indicated in subsection
(b)(2) of this section, the industrial user must collect representative wastewater samples using 24-hour flow proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is required by the City. Where time-proportional composite sampling or grab sampling is authorized by the City, the samples must be representative of the permitted discharge. For the reports required by GJMC §
13.04.450(a), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.
(2) Samples for oil and grease, temperature, pH, cyanide, total phenols,
sulfides, total recoverable petroleum hydrocarbons and volatile organic
compounds must be obtained using grab collection techniques. Using
protocols, including appropriate preservation, specified in
40 CFR Part
136 and appropriate
EPA guidance, multiple grab samples collected during a 24-hour period
may be composited prior to 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. Composited samples for other
parameters unaffected by the compositing procedures as documented
in approved EPA methodologies may be authorized by the City, as appropriate.
In addition, grab samples may be required to show compliance with
instantaneous local limits, including pH.
(c) Analytical Requirements.
All pollutant analysis, including
sampling techniques, to be submitted as part of an industrial discharge
permit application, report, permit or other analyses required under
this code shall be 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 specified
and approved by the City and/or EPA.
(d) Records shall include for all samples:
(1) The date, exact place, method, and time of sampling and the name
of the person(s) taking the samples; and
(2) The number, size and bottle type (plastic or glass) for each analysis;
and
(3) The sample type (grab or composite); and
(4) The date and time the sample was relinquished to and received by
the testing laboratory; and
(5) The date, time and type of sample preservative added; and
(6) The date(s) and time analyses were performed; and
(7) The name of the person performing the analyses; and
(8) The analytical techniques/methods used, including method detection
limits and Quality Assurance/Quality Control (QA/QC) sample results;
and
(9) Calibration and maintenance records; and
(10) All chain-of-custody records; and
(11) The results of such analyses.
(e) The laboratory performing the sample analyses that certifies the
validity of the sample analyses with EPA criteria required to be submitted
to the City must sign and attach the following certification statement
with each such lab report or information to the City:
I certify that these analyses and resulting report(s) were prepared
under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly analyze all samples and
accurately report the results. I further certify that all analyses
were performed in accordance with methods approved for wastewater
analyses under the latest version of
40 CFR Part
136. Based on
my inquiry of the person or persons who manage the system, or those
persons directly responsible for analyzing the wastewater samples
and generating the report(s), the analyses, report and information
submitted is, to the best of my knowledge and belief, true, accurate
and complete.
(Ord. 4574, 4-3-13)
(a) Self-Monitoring Reports (SMR) for All Significant Industrial Users.
(1) Any significant industrial user or other industrial user required by the City, subject to a federal, State, or City pretreatment standard or requirement must submit self-monitoring reports (SMR), at a frequency determined by the City but no less than once per six months, indicating the nature, concentration (e.g., minimum, average and maximum) of pollutants in the discharge which are limited by pretreatment standards and the flow (e.g., minimum, average and maximum daily flows) for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the industrial user must submit documentation required by the City or the pretreatment standard necessary to determine compliance status of the industrial user. All self-monitoring reports must be signed and certified in accordance with GJMC §
13.04.450(g).
(2) All wastewater samples must be representative of the industrial user’s
discharge. Wastewater monitoring and flow measurement facilities shall
be properly operated, kept clean, and maintained in good working order
at all times. The failure of an industrial user to keep its monitoring
facility in good working order shall not be grounds for the industrial
user to claim that the sample results are unrepresentative of its
discharge.
(3) If an industrial user monitors any regulated pollutant at the appropriate sampling location more frequently than required by the City, using the methods and procedures prescribed in GJMC §
13.04.440, the results of this monitoring shall be included in the self-monitoring report.
(4) The sampling and analyses required for the reporting outlined above
may be performed by the City in lieu of the permittee. Where the City
itself makes arrangements with the industrial user to collect all
the information required for the report, the industrial user will
not be required to submit the report.
(b) Requirements for New Categorical Industrial Users.
(1) Baseline Monitoring Reports (BMR) – Categorical Industrial
Users.
(i) Within either 180 days after the effective date of a categorical
pretreatment standard, or the final administrative decision on a category
determination under
40 CFR Section
403.6(a)(4), whichever is later, existing industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the City a baseline monitoring report (BMR) which contains the information listed in GJMC §
13.04.390(f).
(ii)
At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical pretreatment standard, shall submit to the City a compliance report which contains the information listed in GJMC §
13.04.390(f). A new source shall report the method of pretreatment it intends to use to meet applicable pretreatment standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged from regulated process streams and other nonprocess streams.
(2) Ninety-Day Compliance Reports – Categorical Industrial
Users.
(i)
New Sources.
All new sources subject to existing
categorical pretreatment standards shall submit a report to the City
within 90 days from the date of first discharge to the POTW demonstrating
actual and continuing compliance with those standards.
(ii)
Existing Sources.
All existing sources required
to comply with newly promulgated categorical pretreatment standards
shall submit a report to the City within 90 days of the date on which
compliance is required with those standards demonstrating that actual
and continuing compliance with such standards has been achieved.
(3) Sampling and Monitoring Requirements.
For sampling required in support of baseline monitoring and 90-day compliance reports in subsections
(b)(1) and
(b)(2) of this section, a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds for facilities for which historical representative sampling data do not exist. Where historical data are available, the City may authorize a lower minimum.
(c) Twenty-Four-Hour Notice and 30-Day Resampling.
If sampling
performed by an industrial user indicates a violation of the industrial
discharge permit or this code, the industrial user shall notify the
City within 24 hours of becoming aware of the violation. The industrial
user shall also repeat the sampling and analysis and submit the results
of the repeat analysis to the City within 30 days after becoming aware
of the violation. The industrial user is not required to resample
if the following occurs:
(1) The City performs sampling at the industrial user’s facility
at a frequency of at least once per month.
(2) The City performs sampling at the industrial user’s facility
between the time when the industrial user performs its initial sampling
and the time when the industrial user receives the results of this
sampling. It is the sole responsibility of the industrial user to
verify if the City has performed this sampling.
(d) Slug and Spill Discharges – Notification and Plan Development.
(1) Each industrial user shall provide protection from spills and slug
discharges of pollutants regulated under this code. Facilities to
prevent the discharge of spills or slug discharges shall be provided
and maintained at the industrial user’s expense.
(2) It is the responsibility of the industrial user to comply with the
reporting requirements in this section.
(3) Each permitted industrial user shall immediately report all spills
to the City that occurs within the boundaries of the industrial user’s
facility and property whether or not the spill results in a discharge
to the POTW.
(4) The City shall evaluate whether each significant industrial user
needs a slug/spill discharge control plan or other action to control
spills and slug discharges. The City may require an industrial user
to develop, submit for approval, and implement a slug/spill discharge
control plan or take such other action that may be necessary to control
spills and slug discharges.
(5) A slug/spill discharge control plan shall address, at a minimum,
the following:
(i) Detailed plans (schematics) showing facility layout and plumbing
representative of operating procedures;
(ii)
Description of contents and volumes of any process tanks;
(iii)
Description of discharge practices, including nonroutine batch
discharges;
(iv)
Listing of stored chemicals, including location and volumes;
(v) Procedures for immediately notifying the City of any spill or slug
discharge;
(vi)
Procedures to prevent adverse impact from any accidental or
slug discharge. Such procedures include, but are not limited to, inspection
and maintenance of storage areas, handling and transfer of materials,
loading and unloading operations, control of plant site runoff, worker
training, building of containment structures or equipment, measures
for containing toxic organic pollutants, including solvents, and/or
measures and equipment for emergency response; and
(vii)
Any other information as required by the City.
(6) Notice to Employees.
A prominent 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 an accidental
or slug discharge. Employers shall ensure that all employees who work
in any area where an accidental or slug discharge may occur or originate
are advised of the emergency notification procedures.
(e) Reports of Potential Problems – Slug Discharges.
(1) In the case of any changes at its facility affecting the potential for a slug discharge as defined in GJMC §
13.04.360(a), or any actual discharge, including, but not limited to, spills, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a discharge that may cause potential problems for the POTW, the industrial user shall immediately telephone and notify the City of the incident. This notification shall include all of the following:
(ii)
Location of the facility;
(iv)
Date and time of discharge;
(v) Date and time discharge was halted;
(vi)
Location of the discharge;
(vii)
Estimated volume of discharge;
(viii)
Estimated concentration of pollutants in discharge;
(ix)
Corrective actions taken to halt the discharge;
(x) Method of disposal if applicable.
(2) Within five working days following such discharge, the industrial user shall, unless waived by the City, submit a detailed written report that includes all of the information contained in subsection
(e)(1) of this section and any other information 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 might 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, penalties, or other liability which may be imposed pursuant to this code.
(f) Reports for Industrial Users Other Than Significant Industrial Users.
If the City deems it necessary to assure compliance with provisions
of this code, any industrial user of the POTW may be required to submit
an industrial discharge permit application, questionnaire or other
reports and notifications in a format and timeframe as specified by
the City.
(g) Signatory Certification.
All reports and other submittals
required to be submitted to the City shall include the following statement
and signatory requirements:
(1) The authorized representative of the industrial user signing any
application, questionnaire, any report or other information required
to be submitted to the City must sign and attach the following certification
statement with each such report or information submitted to the City.
I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with
a system designed to ensure that qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system or the persons directly responsible
for gathering the information, the information submitted is, to the
best of my knowledge and belief, true, accurate, and complete. I am
aware that there are significant penalties for submitting false information,
including the possibility of a fine and imprisonment for knowing violations.
(2) If the authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of this section and meeting the definition in GJMC §
13.04.360(a) must be submitted to the City prior to or together with any reports to be signed by an authorized representative.
(h) Compliance Schedules.
Should any schedule of compliance be established in accordance with the requirements of this code, the compliance schedule shall be as specified in GJMC §
13.04.390(f)(10).
(i) Change in Discharge or Operations.
(1) Every permitted industrial user shall file a notification with the
City a minimum of 10 working days prior to any planned significant
change or within 24 hours of any unplanned significant change in operations
or wastewater characteristics. A significant change shall be a change
equal to or greater than 20 percent in the mass of a pollutant or
volume of flow discharged to the POTW. In addition, this notification
shall include changes to:
(i) Adding or removing processing, manufacturing or other production
operations;
(ii)
New pollutants used which may be discharged; and
(iii)
Changes in the listed or characteristic hazardous waste for
which the industrial user has submitted or is required to submit information
to the City under this code and
40 CFR Section
403.12(p) as amended.
(2) Known or Anticipated Facility Closure.
The industrial
user is required to notify the City at least 30 days prior to facility
shutdown or closure which might alter the character, nature, quality
or volume of its wastewater.
(j) Notification of the Discharge of Hazardous Wastes.
(1) Any industrial user shall notify the City of any discharge into the
POTW of a substance which, if otherwise disposed of, would be hazardous
waste under
40 CFR Part
261. Such notification to the City shall be made immediately, but not
to exceed 24 hours, after becoming aware of the discharge.
Such notification must include all of the following:
(i) The name of the hazardous waste as set forth at
40 CFR Part
261;
(ii)
The EPA hazardous waste number;
(iii)
The type of discharge (continuous, batch, or other);
(iv)
An identification of the hazardous constituents contained in
the wastes;
(v) An estimation of the mass and concentration of such constituents
in the wastestream discharged during that calendar month;
(vi)
An estimation of the mass of constituents in the wastestream
expected to be discharged during the following 12 months;
(vii)
Certification that the industrial user has a program in place
to reduce the volume and toxicity of hazardous wastes generated to
the degree it has determined to be economically practical; and
(viii)
Signatory certification as required by subsection
(g) of this section.
(2) Within five working days following such discharge, the industrial user shall, unless waived by the City, submit a detailed written report that includes all of the information contained in subsections
(j)(1)(i) through (viii) of this section and any other information 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 might 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, penalties, or other liability which may be imposed pursuant to this Code.
(3) Any industrial user shall notify the EPA Regional Waste Management
Division City Manager, and State hazardous waste authorities, in writing,
of the discharge into the POTW of a substance which, if otherwise
disposed of, would be hazardous waste under
40 CFR Part
261 and meets
the reporting criteria specified at
40 CFR
403.12(p). Notification to the State and EPA is the responsibility of the
industrial user and shall be made as required under
40 CFR Section
403.12(p). The industrial user shall copy the City on all notifications made
to the State and EPA.
(4) In the case of any new regulation under Section 3001 of the Resource
Conservation and Recovery Act (RCRA) identifying additional characteristics
of hazardous waste or listing any additional substance as hazardous
waste, the industrial user must notify the City, the EPA Regional
Waste Management Waste Division Director, and State hazardous waste
authorities of the discharge of such substance within 90 days of the
effective date of such regulations.
(5) This provision does not create a right to discharge any substance
not otherwise approved by the City or allowed to be discharged by
this code, a permit issued hereunder, or any applicable federal or
State law.
(k) Requests for Information.
(1) A permittee shall furnish to the City, within the timeframe set by
the City Manager, any information which the City may request to determine
whether cause exists for modifying, revoking, and reissuing, or terminating
an industrial discharge permit, or to determine compliance with the
industrial discharge permit or this code. A permittee shall also,
upon request, provide to the City, within the timeframe required by
the City Manager, copies of any records that are required by the industrial
discharge permit or this code. Failure to provide information within
the timeframe specified shall be a violation of this code.
(2) When requested by the City, any industrial user shall submit information
to the City Manager regarding industrial processes, nature and characteristics
of wastes and wastewaters generated at the industrial facility, method
of disposal of wastes, or other information required by the City Manager
to meet the responsibilities under this code, State law and
40 CFR Part
403. Failure
to provide information within the timeframe specified shall be a violation
of this code.
(l) Confidential Information – Disclosure of Information and
Availability to the Public.
(1) All records, reports, data or other information supplied by any person
or industrial user as a result of any disclosure required by this
code or information and data from inspections shall be available for
public inspection except as otherwise provided in this section,
40 CFR Section
403.14 and
the Colorado Open Records Act (C.R.S.
24-72-201, et seq.).
(2) These provisions shall not be applicable to any information designated
as a trade secret by the person supplying such information. Materials
designated as a trade secret may include, but shall not be limited
to, processes, operations, style of work or apparatus or confidential
commercial or statistical data. Any information and data submitted
by the industrial user which is desired to be considered a trade secret
shall have the words, “Confidential Business Information,”
stamped on each page containing such information. The industrial user
must demonstrate to the satisfaction of the City that the release
of such information would divulge information, processes or methods
of production entitled to protection as trade secrets of the industrial
user.
Information designated as a trade secret pursuant to this section
shall remain confidential and shall not be subject to public inspection.
Such information shall be available only to officers, employees or
authorized representatives of the City charged with implementing and
enforcing the provisions of this code and properly identified representatives
of the U.S. Environmental Protection Agency, the Colorado Department
of Public Health and Environment and the State of Colorado Attorney
General’s Office.
Effluent data from any industrial user, whether obtained by
self-monitoring, monitoring by the City or monitoring by any State
or federal agency, shall not be considered a trade secret or otherwise
confidential. All such effluent data shall be available for public
inspection.
(Ord. 4574, 4-3-13)
(a) Authority.
The City may establish specific sector control
programs for industrial users to control specific pollutants as necessary
to meet the objectives of this code. Pollutants subject to these sector
control programs shall generally be controlled using best management
practices (BMPs).
(b) Facility Identification and Compliance.
The City shall
implement procedures to identify industrial users for inclusion into
applicable sector control programs. Once identified and included into
one or more sector control program, the facility shall be required
to comply with the applicable sector control program requirements.
(c) Notification to the City by the Industrial User and Management Review.
The City shall review new construction and existing facilities
undergoing any physical change, change in ownership, change in operations,
or other change that could change the nature, properties, or volume
of wastewater discharge, to ensure that current sector control program
requirements are incorporated and implemented.
(d) The industrial user subject to a sector control program shall inform
the City prior to:
(1) Sale or transfer of ownership of the business; or
(2) Change in the trade name under which the business is operated; or
(3) Change in the nature of the services provided that affect the potential
to discharge sector control program pollutants; or
(4) Remodeling of the facility that may result in an increase in flow
or pollutant loading or that otherwise requires the facility to submit
plans or specifications for approval through a building or zoning
department, or any other formal approval process of a City, County
or other jurisdiction.
(e) Inspections.
(1) The City may conduct inspections of any facility with or without
notice for the purpose of determining applicability and/or compliance
with sector control program requirements.
(2) If any inspection reveals noncompliance with any provision of a sector
control program requirement, corrective action shall be required pursuant
to the applicable sector control program.
(3) Inspection results will be provided in writing to the facility upon
request.
(f) Closure.
The City may require closure of plumbing, treatment
devices, storage components, containments, or other such physical
structures that are no longer required for their intended purpose.
Closure may include the removal of equipment, the filling in and/or
cementing, capping, plugging, etc.
(g) Enforcement and Compliance.
(1) These requirements form a part of this code. Enforcement of this regulation is governed by the express terms herein and the enforcement provisions of GJMC §
13.04.480.
(2) Any extraordinary costs incurred by the City due to interference,
damage, pass through, or maintenance necessary in the treatment and/or
collection system shall be paid by the industrial user to the City.
The direct costs of all labor, equipment and materials incurred in
rectifying the interference or damage, including reasonable attorney’s
fees, shall be billed directly to the owner or the industrial user
by the City, and such costs shall become part of the total charges
due and owing to the City and shall constitute a lien on the industrial
user until paid in full.
(Ord. 4574, 4-3-13)
(a) There shall be a fee imposed by the City to provide for the payment
to the sewer fund, by industrial users of the POTW, of all costs incurred
in the implementation and administration of the industrial pretreatment
program. The applicable charges and fees shall be set forth in a schedule
developed by the City Manager.
(b) Applicable charges and fees include, but are not limited to:
(1) Industrial discharge permit applications;
(2) Industrial discharge permits;
(3) Reimbursement of costs of implementing the industrial pretreatment
program;
(4) Monitoring, inspection and surveillance activities;
(5) Fees as the City may deem necessary to carry out the requirements
contained herein; and
(6) Fees to cover the added cost of handling or treating any wastes not
covered by existing or regular monthly sewer service charges.
The charges and fees shall be established so that the permit
application fee will cover the administrative costs of processing
the permit. All other costs will be reviewed annually and established
as part of the regular billing for each industrial user.
|
(Ord. 4574, 4-3-13)
(a) Enforcement Response Plan.
The City may adopt policies
and procedures as set forth in the City’s enforcement response
plan for carrying out the provisions of this code.
(b) Publication of Industrial Users in Significant Noncompliance.
The City shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of the significant industrial users which, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. In addition, any industrial user found to be in significant noncompliance with subsection
(b)(3),
(4) or
(8) of this section shall also be published in the newspaper.
The following criteria shall be used to define significant noncompliance:
(1) Chronic violations of wastewater discharge limits, defined as those
in which 66 percent or more of all of the measurements taken during
a six-month period exceed, by any magnitude, a numeric pretreatment
standard or requirement, including instantaneous limits;
(2) Technical review criteria (TRC) violations, defined as those in which
33 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
numeric pretreatment standard or requirement including instantaneous
limits multiplied by the applicable TRC (TRC equals 1.4 for BOD5, TSS, FOG and 1.2 for all other pollutants except pH);
(3) Any other violation of a pretreatment standard or requirement (daily
maximum, long-term average, instantaneous limit, or narrative standard)
that the City Manager determines has caused, alone or in combination
with other discharges, interference or pass through, including endangering
the health of City personnel or the general public;
(4) Any discharge of a pollutant that has caused imminent endangerment
to human health, welfare or the environment or has resulted in the
City’s exercise of its emergency authority to halt or prevent
such a discharge;
(5) Failure to meet, within 90 days after the schedule 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 30 days after the due date, required reports
such as baseline monitoring reports, 90-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 may include a violation
of best management practices, which the City Manager determines may
adversely affect the operation or implementation of the local pretreatment
program.
(c) Administrative Enforcement Actions.
(1) Notice of Violation (NOV).
When the City finds that
an industrial user has violated, or continues to violate, any provision
of this code, an industrial discharge permit, or order issued hereunder,
or any other pretreatment standard or requirement, the City may serve
upon the industrial user a written notice of violation. Within 10
working days of the receipt of such notice, or at a time period specified
by the City, an explanation of the violation and a plan for the satisfactory
correction of prevention thereof, to include specific required actions,
shall be submitted by the industrial user to the City. Submission
of such a plan in no way relieves the industrial 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 City to take any action, including emergency actions or any other
enforcement action, without first issuing a notice of violation.
(2) Suspension of Service.
(i)
Endangerment to Health or Welfare of the Community.
The City, through other than a formal notice to the affected industrial
user, may immediately and effectively halt or prevent any discharge
of pollutants into any natural waterway, surface drainage within the
City, any area under jurisdiction of the City, the POTW of the City
or any wastewater system tributary thereto, by any means available
to them, including physical disconnection from the wastewater system,
whenever it reasonably appears that such discharge presents an imminent
endangerment to the health or welfare of the community.
(ii)
Endangerment to Environment or Treatment Works.
The City, after written notice to the discharger may halt or prevent
any discharge of pollutants into any natural waterway, surface drainage
within the City, any area under jurisdiction of the City, the POTW,
wastewater system tributary thereto, by any means available to them,
including physical disconnection from the wastewater system, whenever
such discharge presents or may present an endangerment to the environment
or threatens to interfere with the operation of the POTW.
(iii)
Any industrial user notified of a suspension of the wastewater
treatment service and/or revocation of an industrial 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 individuals or the environment.
The City may reinstate the industrial discharge permit and/or the
wastewater treatment service upon proof of the elimination of the
noncomplying discharge.
A detailed written statement submitted by the industrial user
describing the causes of the harmful contribution and the measure
taken to prevent any future occurrence shall be provided to the City
within five days of the date of occurrence. Suspension of service
shall not be a bar against, or a prerequisite for, taking any other
action against the industrial user.
(3) Administrative Order.
When the City finds that an industrial
user has violated, or continues to violate, any provision of this
code, an industrial discharge permit, or order issued hereunder, or
any other pretreatment standard or requirement, the City may issue
an administrative order to the industrial user responsible for the
discharge directing that the industrial user come into compliance
within a specific time. If the industrial user does not come into
compliance within the time provided, sewer service may be discontinued
unless and until adequate treatment facilities, devices, or other
related appurtenances are installed and properly operated. An order
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 POTW. An administrative
order may not extend the deadline for compliance established for a
pretreatment standard or requirement, nor does an administrative order
relieve the industrial user of liability for any violation, including
any continuing violation. Issuance of an administrative order shall
not be a bar against, or a prerequisite for, taking any other action
against the industrial user.
(4) Consent Order.
The City may enter into a consent order,
assurances of compliance, or other similar documents establishing
an agreement with any industrial user responsible for noncompliance.
Such documents shall include specific actions to be taken by the industrial
user to correct the noncompliance within a time period specified by
the document. A consent order may include penalties, supplemental
environmental projects, or other conditions and requirements as agreed
to by the City and the industrial user. Issuance of a consent order
shall not be a bar against, or a prerequisite for, taking any other
action against the industrial user.
(5) Cease and Desist Order.
(i) When the City Manager finds that an industrial user has violated,
or continues to violate, any provision of this code, an industrial
discharge permit, an order issued hereunder or any other pretreatment
standard or requirement, or that the industrial user’s past
compliance history indicates that violations are likely to recur,
the City Manager may issue an order to the industrial user directing
it to cease and desist all such violations and directing the industrial
user to:
(A)
Immediately comply with all requirements;
(B)
Take such appropriate remedial or preventive action as may be
needed to properly address a continuing or threatened violation, including
halting operations and/or terminating the discharge.
(ii)
Issuance of a cease and desist order shall not be a bar against,
or a prerequisite for, taking any other action against the industrial
user.
(6) Administrative Fines.
(i) When the City finds that an industrial user has violated, or continues
to violate, any provision of this code, an industrial discharge permit,
order issued hereunder, or any other pretreatment standard or requirement,
the City may fine such industrial user in an amount not to exceed
$10,000 per day per violation. 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.
(ii)
A lien against the industrial user’s property shall be
sought for unpaid charges, fines, and penalties.
(iii)
Industrial users desiring to appeal such fines must file a written request for the City to reconsider the fine along with full payment of the fine amount within 10 days of being notified of the fine. Such notice or appeal shall set forth the nature of the order or determination being appealed, the date of such order or determination, the reason for the appeal, and request a hearing pursuant to procedures outlined in subsections
(h) and (i) of this section.
(iv)
Issuance of an administrative fine shall not be a bar against,
or prerequisite for, taking any other action against the industrial
user.
(d) Judicial Enforcement Remedies.
(1) Injunctive Relief.
When the City finds that an industrial
user has violated, or continues to violate, any provision of this
code, an industrial discharge permit, or order issued hereunder, or
any other pretreatment standard or requirement, the City may petition
a court of competent jurisdiction for the issuance of a temporary
or permanent injunction, as appropriate, which restrains or compels
the specific performance of the industrial discharge permit, order,
or other requirement imposed by this code on activities of an industrial
user. The City may also seek such other action as is appropriate for
legal and/or equitable relief, including a requirement for the industrial
user to conduct environmental remediation. A petition for injunctive
relief shall not be a bar against, or a prerequisite for, taking any
other action against an industrial user.
(2) Civil Penalties.
(i) An industrial user who has violated, or continues to violate, any
provision of this code, an industrial discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement shall
be liable to the City for a maximum civil penalty not to exceed $10,000
per day 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 violation.
(ii)
The City may recover reasonable attorneys’ fees (including
the value of in-house counsel), court costs, and other expenses associated
with enforcement activities, including sampling and monitoring expenses,
and the cost of any actual damages incurred by the City.
(iii)
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
industrial user’s violation, corrective actions by the industrial
user, the compliance history of the industrial user, and any other
factor as justice requires.
(iv)
Actions for civil penalties shall be civil actions brought in
the name of the City. The City must prove alleged violations by a
preponderance of the evidence.
(v) Filing a suit for civil penalties shall not be a bar against, or
a prerequisite for, taking any other action against an industrial
user.
(3) Civil/Administrative Fine Pass Through.
In the event
that an industrial user discharges such pollutants which cause the
City to violate any condition of its CPDS permit and the City is fined
by the EPA or the State for such violation, then such industrial user
shall be fully liable for the total amount of the fine assessed against
the City by the EPA and/or the State.
(4) Criminal Prosecution.
(i) Any industrial user that willfully or negligently violates any provision
of this code, any orders or an industrial discharge permit issued
hereunder, or any other pretreatment standard or requirement shall,
upon conviction, be guilty of a misdemeanor, punishable by a fine
not to exceed $25,000 and be subject to imprisonment for not more
than one year or both. Each day in which any such violation occurs
or persists shall be deemed a separate and distinct offense.
(ii)
Any industrial user that 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 code, an industrial discharge permit or order, or who falsifies,
tampers with or knowingly renders inaccurate any monitoring device
or method required under this code shall, upon conviction, be punishable
by a fine not to exceed $25,000 and be subject to imprisonment for
not more than one year, or both. In addition, these penalties may
be sought for any person who maliciously, willfully, or negligently
breaks, destroys, uncovers, defaces, tampers with, or otherwise destroys,
or who prevents access to, any structure, appurtenance or equipment,
or any part to the POTW. Each day in which any such violation occurs
or persists shall be deemed a separate and distinct offense.
(iii)
The City may refer violations that warrant criminal prosecution
to the U.S. Attorney General’s Office, State Attorney General’s
Office or USEPA Criminal Investigation Division or other appropriate
agency. This referral shall not preclude the City from taking a parallel
administrative or civil enforcement action.
(iv)
Upon proof of willful or intentional meter bypassing, meter
tampering, or unauthorized metering, the City shall be entitled to
recover as damages three times the amount of actual damages in addition
to any other penalties assessed.
(e) Remedies Nonexclusive.
The remedies provided for in
this code are not exclusive of any other remedies that the City may
have under the provisions of Colorado law. The City may take any,
all, or any combination of these actions against a noncompliant industrial
user. Enforcement of pretreatment violations will generally be in
accordance with the enforcement response plan. However, the City may
take other action against any industrial user when the circumstances
warrant and may take more than one enforcement action against any
noncompliant industrial user.
(f) Public Nuisance.
Any violation of this code, an industrial discharge permit, or order issued hereunder, is hereby declared a public nuisance and shall be corrected or abated as directed by the City Manager or their designee. Any person(s) creating a public nuisance shall be subject to the provisions of GJMC §
8.08.010 governing such nuisances, including reimbursing the City for any costs incurred in removing, abating, or remedying said nuisance.
(g) Duty to Halt or Reduce Activity.
Upon reduction of efficiency
of operation, or loss or failure of all or part of the pretreatment
equipment, the permittee shall, to the extent necessary to maintain
compliance with its permit, control its production or discharges (or
both) until operation of the treatment facility is restored or an
alternative method of treatment is provided. This requirement applies,
for example, when the primary source of power of the pretreatment
equipment fails or is reduced. It shall not be a defense for a permittee
in an enforcement action that it would have been necessary to halt
or reduce the permitted activity in order to maintain compliance with
the conditions of its permit.
(h) Administrative Appeal Procedure.
An industrial user may appeal the issuance of an administrative order and/or administrative fine within 10 working days of issuance of the administrative order or fine. Such appeal shall be filed with the City Manager and include written documentation setting forth in detail the factual and legal basis for the appeal by the industrial user. The City Manager shall review the appeal within 10 working days of receipt. The City Manager may request further information from the industrial user and/or City staff. The City Manager may, after review of the information, issue an order requiring the industrial user to comply, require modification to the existing enforcement action or hold a show cause hearing as specified in subsection
(i) of this section. The enforcement action and/or fine shall remain in effect and fully enforceable during this administrative review process.
(i) Show Cause Hearing.
(1) The City Manager is authorized to order any industrial user who violates
any pretreatment standard or requirement, an industrial discharge
permit, an enforcement action or any provision of this code to show
cause why appropriate enforcement action should not be taken. In such
case, a notice shall be served on the industrial user specifying the
time and place of a hearing regarding the violation, the reasons why
the action is to be taken, the proposed enforcement action, and directing
the industrial user to show cause why the proposed enforcement action
should not be taken.
(2) The notice of the hearing shall be served upon the industrial user
personally or by certified mail, return receipt requested, at least
10 working days before the hearing. Service may be made on any agent
or the authorized representative of the industrial user.
(3) The City Manager may conduct the hearing or may appoint a hearing
officer or may instead convene a utility hearing board to conduct
the hearing. The board shall consist of a City Council member or designee,
the City Manager, a County Commissioner or designee, an employee of
the Department of Public Works, Utilities and Planning, and a connector
district representative if the appellant or respondent industrial
user is located within the jurisdiction of that district.
(4) The Hearing Officer or Utility Hearing Board shall have the power
to:
(i) Issue in the name of the City Council notices of hearings requiring
the attendance and testimony of witnesses and the production of evidence.
(ii)
Hold a quasi-judicatory hearing, and receive relevant evidence
relating to compliance with the requirements set forth in this code.
Hearings shall be conducted informally. Rules of civil procedure and
evidence shall not solely determine the conduct of the hearing or
the admissibility of evidence. All testimony shall be given under
oath, and a tape recording or other evidence of the verbatim content
of the hearing shall be made. The burden of persuasion shall be upon
the industrial user. The standard of proof to be utilized by the City
Manager or Utility Hearing Board in making its findings or recommendations
shall be a preponderance of the evidence.
(iii)
Determine and find whether just cause exists for not taking
the proposed enforcement actions, or whether the order or action appealed
is unwarranted.
(iv)
Transmit a report of the evidence and hearing, including transcripts,
tapes, and copies of other evidence requested by any party, together
with findings and recommendations to all parties to the hearing and
to the City Council.
(5) Effect of Hearing.
(i) Findings and recommendations of the City Manager or Utility Hearing
Board shall be final and binding upon the City Manager and parties
to the hearing; provided, however, that if the City Council disapproves
the recommendations of the City Manager or Utility Hearing Board within
30 days thereof, the City Council may conduct its own hearing, make
its own findings, and issue its own orders.
(ii)
An order consistent with findings and recommendations of the
City Manager or Utility Hearing Board, or the City Council, as the
case may be, shall be issued by the City Manager. The order may direct
that sewer service to the industrial user responsible for the violation
be discontinued unless and until adequate treatment facilities or
related devices have been installed and approved within a specified
period of time and in compliance with all local, State and federal
statutes and regulations. The order may provide for imposition of
appropriate charges for the cost to the City of the enforcement action,
applicable liquidated damages and administrative fines. Further orders
and directives, as are necessary and appropriate to enforce industrial
discharge permits and provisions of this code, may be issued by the
City Manager.
(Ord. 4574, 4-3-13)
(a) In order to achieve and maintain compliance with the Clean Water
Act, federal pretreatment standards and requirements, State regulations,
sewage grant conditions, and WWTP discharge permit requirements, the
City, as manager/operator of the Persigo WWTP, must possess and demonstrate
a clear legal right to require compliance with pretreatment standards
and requirements by any industrial user of the POTW located outside
of the City’s territorial jurisdiction. To that end, all governmental
sewage connectors, including sanitation districts and the County,
have been requested to adopt, and have adopted, by resolution, a regulatory
pretreatment program either parallel to the one established by this
code or have incorporated by reference the provisions of this code.
(b) The connector districts and the County shall also be requested to
approve necessary revisions to existing sewer service agreements,
joint agreements or enter into an industrial pretreatment program-only
agreement granting the City the right to administer and enforce the
connector’s pretreatment program on behalf of and as agent for
the connector district or County.
(Ord. 4574, 4-3-13)
(a) Upset.
(1) For the purposes of this code, upset means an exceptional
incident in which there is unintentional and temporary noncompliance
with categorical pretreatment standards because of factors beyond
the reasonable control of the industrial user. An upset does not include
noncompliance to the extent caused by operational error, improperly
designed treatment facilities, inadequate treatment facilities, lack
of preventative maintenance, or careless or improper operation.
(2) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of subsection
(a)(3) of this section are met.
(3) An industrial user who wishes to establish the affirmative defense
of upset shall demonstrate, through properly signed, contemporaneous
operating logs, or other relevant evidence that:
(i) An upset occurred and the industrial user can identify the cause(s)
of the upset;
(ii)
The facility was at the time being operated in a prudent and
workman-like manner and in compliance with applicable operation and
maintenance procedures; and
(iii)
The industrial user has submitted the following information
to the City within 24 hours of becoming aware of the upset. If this
information is provided orally, a written submission must be provided
within five days:
(A)
A description of the indirect discharge and cause of noncompliance;
(B)
The period of noncompliance, including exact dates and times
or, if not corrected, the anticipated time the noncompliance is expected
to continue; and
(C)
Steps being taken and/or planned to reduce, eliminate and prevent
recurrence of the noncompliance.
(4) In any enforcement proceeding, the industrial user seeking to establish
the occurrence of an upset shall have burden of proof.
(5) Industrial users shall have the opportunity for a judicial determination
on any claim of upset only in an enforcement action brought for noncompliance
with categorical pretreatment standards.
(6) Industrial users shall control (decrease) production of all discharges
to the extent necessary to maintain compliance with categorical pretreatment
standards upon reduction, loss, or failure of its treatment facility
until the facility is restored or an alternative method of treatment
is provided. This requirement applies in the situation where, among
other things, the primary source of power of the treatment facility
is reduced, lost or fails.
(b) Prohibited Discharge Standards.
An industrial user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the specific prohibitions in any action brought against it alleging a violation of the specific prohibitions in GJMC §
13.04.370(b)(3),
(4),
(5),
(6) or
(7) where the industrial user demonstrates that:
(1) It did not know, or have reason to know, that its discharge, alone
or in conjunction with discharges from other sources, would cause
pass through or interference; and
(2) The industrial user had accurately disclosed the concentration of
the pollutant(s) causing the pass through or interference in applications,
reports, or other required documents as required; and either:
(i) A local limit designed to prevent pass through and/or interference,
as the case may be was developed for each pollutant in the industrial
user’s discharge that caused pass through or interference, and
the industrial user was in compliance with each such local limit directly
prior to and during the pass through or interference; or
(ii)
If a local limit designed to prevent pass through and/or interference,
as the case may be, has not been developed for the pollutant(s) that
caused the pass through or interference, the industrial user’s
discharge directly prior to and during the pass through or interference
did not change substantially in nature or constituents from the industrial
user’s prior discharge activity when the POTW was regularly
in compliance with the POTW’s CPDS permit requirements and,
in the case of interference, applicable requirements for sewage sludge
use or disposal.
(c) Bypass.
(1) For purposes of this subsection:
Bypass
means the intentional diversion of wastestreams from any
portion of an industrial user’s treatment facility.
Severe property damage
means substantial physical damage to property, damage to
the treatment facilities which causes them to become inoperable, or
substantial and permanent loss of natural resources which can reasonably
be expected to occur in the absence of a bypass. Severe property
damage does not mean economic loss caused by delays in production.
(2) Bypass Not Violating Applicable Pretreatment Standards or Requirements.
An industrial user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of subsections
(c)(3) and
(4) of this section but are reportable under GJMC §
13.04.450(a),
(c),
(d),
(i) and
(j), as appropriate.
(3) Notice.
(i) If an industrial user knows in advance of the need for a bypass,
it shall submit prior notice to the City Manager, if possible, at
least 10 days before the date of the bypass.
(ii)
An industrial user shall submit oral notice of an unanticipated
bypass that exceeds applicable pretreatment standards to the City
Manager within 24 hours from the time the industrial user becomes
aware of the bypass. A written submission shall also be provided within
five days of the time the industrial user becomes aware of the bypass.
The written submission shall contain a description of the bypass and
its cause; the duration of the bypass, including exact dates and times,
and, if the bypass 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 bypass.
(4) Prohibition of Bypass.
(i) Bypass is prohibited, and the City Manager may take enforcement action
against an industrial user for a bypass, unless:
(A)
Bypass was unavoidable to prevent loss of life, personal injury,
or severe property damage;
(B)
There were no feasible alternatives to the bypass, such as the
use of auxiliary treatment facilities, retention of untreated wastes,
or maintenance during normal periods of equipment downtime. This condition
is not satisfied if adequate back-up equipment should have been installed
in the exercise of reasonable engineering judgment to prevent a bypass
which occurred during normal periods of equipment downtime or preventative
maintenance; and
(C)
The industrial user submitted notices as required under subsection
(c)(3) of this section.
(ii)
The City Manager may approve an anticipated bypass, after considering its adverse effects, if the City Manager determines that it will meet the three conditions listed in subsection
(c)(4)(i) of this section.
(Ord. 4574, 4-3-13)