[1]
Editor's note — Former Subdivision IV, which pertained to similar subject matter and derived from Code 1997, §§ 52.050—52.059; Ordinance 02-49, adopted 5/15/2002, was repealed 9/15/2021 by Ordinance 2021-34.
(a) 
This subdivision supplements the industrial pretreatment requirements of subdivision I of this division by establishing additional provisions necessary for the operation and enforcement of the city waterworks system's wastewater pretreatment program. This subdivision shall apply to all users of the POTW. This subdivision establishes:
(1) 
A means for the recovery of cost from users of the city's publicly owned treatment works (POTW) through fees and surcharges to ensure equitable distribution of the cost between domestic and non-domestic users;
(2) 
Cleaning requirements for interceptors necessary for the removal of fats, oils, grease, and sand, and for the protection of the POTW's sanitary sewer system;
(3) 
Permit requirements for liquid waste transporters; and
(4) 
Fines, penalties and other remedies and actions necessary for the enforcement of this subdivision.
(Ordinance 2021-34, § II(Exh. A), adopted 9/15/2021)
(a) 
Significant industrial users, significant categorical industrial users, and non-significant industrial users shall pay a permit fee. Such fee shall be included with the application for a wastewater discharge permit.
(b) 
(Reserved)
(c) 
Non-significant categorical industrial users shall not be required to pay a permit fee.
(d) 
Liquid waste transporter. All transporters shall pay a permit fee. Such fee shall be included with the application for waste transport permit.
(Ordinance 2021-34, § II(Exh. A), adopted 9/15/2021)
(a) 
Significant industrial users, significant categorical industrial users, and non-significant industrial users may be sampled by HWWS at least annually and will be charged for the laboratory and sampling services rendered.
(b) 
(Reserved)
(c) 
Multiple group users. In a situation which requires an industrial user to be monitored for more than one reason, results from the first sampling purpose may be cross indexed with those for the other purposes so that a minimum of sampling is necessary.
(d) 
Users on compliance schedule. Any industrial user placed on a compliance schedule will pay for the associated sampling and analytical services as follows:
(1) 
Initial sampling which detected the violation.
(2) 
Sampling, after a violation has been detected, shall be repeated monthly until the results show the discharge to be in compliance.
(3) 
Following an acceptable monthly compliance sampling, quarterly sampling shall ensue until two consecutive quarterly samples are determined to comply with the requirements of this division.
(e) 
Determination of monitoring fees. Fees may be based on the actual cost to HWWS for chemicals consumed in the testing and labor utilized to accomplish the test, as well as the sampling. The equipment may be based on useful life, capital depreciation, and operation and maintenance cost for any equipment utilized. HWWS may review these fees on an annual basis and make any adjustments necessary to reflect the true cost to HWWS.
(f) 
Liquid waste transporters. Liquid waste transporters utilizing an approved disposal site within the city shall be charged a monitoring fee to recover equipment and labor costs. This fee shall be reviewed on an annual basis by HWWS and adjusted, as necessary, to reflect the true cost to HWWS.
(Ordinance 2021-34, § II(Exh. A), adopted 9/15/2021)
Liquid waste transporters may be charged a manifest fee to recover printing and handling costs for trip ticket books. This fee shall be reviewed annually by HWWS and adjusted, as necessary, to reflect the true cost to HWWS.
(Ordinance 2021-34, § II(Exh. A), adopted 9/15/2021)
HWWS may elect to print and bind this division, or sections thereof, and charge a fee for its distribution. The fee shall be based on development and printing costs to HWWS and may be reviewed annually for adjustments to reflect the true cost to HWWS.
(Ordinance 2021-34, § II(Exh. A), adopted 9/15/2021)
(a) 
Computation of surcharges.
Any industrial user discharging sewage which has concentration of total suspended solids or BOD in excess of the normal strength sewage concentration shall be assessed a surcharge. The surcharge shall be calculated by the following formula:
[(BOD nBOD) x A + (TSS - nTSS) x B] x 8.34 x VOL
Where:
BOD = BOD strength concentration in mg/l.
TSS = TSS strength concentration in mg/l.
nBOD = Normal strength sewage BOD concentration (mg/l).
nTSS = Normal strength sewage TSS concentration (mg/l).
A = BOD charge (dollars per pound of excess strength BOD).
B = TSS charge (dollars per pound of excess TSS).
HWWS may opt to analyze samples used to calculate surcharges by measuring the oxygen demand exerted by organic (carbonaceous) compounds using the Carbonaceous Biochemical Oxygen Demand (CBOD) test.
(b) 
Determination of POTW true cost and normal BOD and TSS concentrations; normal BOD and TSS concentrations.
Values of the unit cost of treatment will be based on true costs to HWWS. These values may be reviewed annually by HWWS for adjustments, as necessary, to reflect true costs to HWWS as provided in 40 CFR 35. Normal BOD and TSS concentrations will be reviewed from time to time by HWWS to ensure they are representative of domestic strength waste. The applicable charges, costs, and concentrations shall be set forth in HWWS's schedule of fees.
(c) 
Liquid waste transporters.
Liquid waste transporters may be surcharged for discharges qualifying as abnormal sewage and which are disposed of at an approved disposal site within the city. This charge will be based on waste strength as averaged from a representative number of grab samples. This charge may be reviewed annually by HWWS for adjustments, as necessary, to reflect true costs to HWWS.
(Ordinance 2021-34, § II(Exh. A), adopted 9/15/2021)
(a) 
Generally.
HWWS shall classify commercial and industrial establishments which routinely discharge sewage which has a concentration of TSS or BOD in excess of the normal strength sewage concentration into the following class groups:
(1) 
Food service establishments - restaurants, bars, lounges, and other establishments which engage in preparation of food and/or beverages which are served directly and/or indirectly to the consumer.
(2) 
Liquid waste transporters.
(3) 
Other industrial users - all industrial users not engaged in food service or liquid waste transportation.
(b) 
Additional classes established.
HWWS may establish additional classes as deemed necessary to recover costs from other dischargers of abnormal sewage. HWWS shall establish an industrial surcharge rate for each class group, based on the surcharge formula in section 48-346 with waste strength determinations established by averaging grab and/or composite samples taken from representative number of establishments in each group, and shall apply this rate to the water consumption or metered wastewater as determined in section 48-348. HWWS shall then add the appropriate industrial surcharge to the billing, in addition to the regular sewage rate.
(c) 
Payment of monthly surcharge.
Each establishment shall pay a monthly industrial surcharge based on the class group's industrial surcharge rate. Criteria used to designate each establishment into its class group, and to establish its class group's average and its industrial surcharge rate, is outlined in section 48-346.
(d) 
Surcharge rates revised.
HWWS may, from time to time, revise class group surcharge rates based on analysis of current samples.
(Ordinance 2021-34, § II(Exh. A), adopted 9/15/2021)
(a) 
The volume of flow used in computing surcharges shall be based upon metered water consumption as shown in the records of meter readings maintained by HWWS, or by installing in an easily accessible location approved by HWWS a permanent open channel flow metering device or a clear-ported, in-line meter suitable for wastewater service in the user's discharge line.
(b) 
Any user who procures any part or all of its water supply from sources other than HWWS, all or part of which is discharged into the sanitary sewer system, shall install and maintain, at its expense, water meters of the type approved by HWWS for the purpose of determining the proper volume of flow to be used in computing sewer service charges. Such meters shall be read monthly and tested for accuracy when deemed necessary by HWWS.
(c) 
If HWWS finds it impractical to measure the quantity or quality of waste by the aforesaid meters or monitoring devices, it may determine the quantity or quality of the waste in any manner and/or method it may find practical in order to determine the volume of sewage entering the sanitary sewer system and/or the quality of the sewage to be used in determining the abnormal sewage surcharge.
(Ordinance 2021-34, § II(Exh. A), adopted 9/15/2021)
(a) 
Any person who is directly affected by an action of the general manager of HWWS in the assessment, calculation, establishment or determination of a fee or surcharge under this division may appeal general manager's action to the waterworks system utility board of trustees. The appellant must file a written notice of appeal with the general manager within seven calendar days of the action which is being appealed. The written notice must contain the name, mailing address, street address and phone number of the appellant and must also contain a reasonably detailed statement regarding the action being appealed, what the appellant contends was wrong with the action, and what relief is being sought.
(b) 
Within 35 calendar days of receipt of the written notice, the utility board of trustees must notify the appellant via prepaid certified mail, return receipt requested, of the date, time, and place of a hearing to hear the appeal, which notice shall be delivered at least ten calendar days before the hearing. Service may be made on any agent or officer of a corporation. The utility board of trustees may issue notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.
(c) 
The utility board of trustees may itself conduct the hearing or may designate any three of its members to conduct the hearing and make recommendation to the full utility board of trustees. Unless otherwise agreed in writing by the appellant and the utility board of trustees, testimony taken shall be recorded electronically. The appellant shall be responsible for all arrangements and payment for the recording unless otherwise agreed by the utility board of trustees. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.
(d) 
The decision of the utility board of trustees shall be made and given to the appellant in writing within ten calendar days of the hearing. The appellant has the right to appeal the decision of the utility board of trustees to the city commission by filing a written notice with the city manager within seven calendar days of receipt of the utility board of trustees' decision. The decision of the utility board of trustees will be reversed only upon a vote of at least four in favor of reversal, as required by City Charter.
(Ordinance 2021-34, § II(Exh. A), adopted 9/15/2021)
(a) 
HWWS requires a 90-day minimum cleaning schedule for grease, oil and sand traps. This required cleaning scheduled is, however, only a minimum requirement. The user of the sanitary sewer system is responsible for establishing an adequate cleaning schedule necessary to prevent discharging of substances prohibited under section 48-259(a) of this division, and/or to ensure that the interceptor or trap properly performs the function intended.
(b) 
Under-the-sink interceptors shall be cleaned regularly as needed to prevent grease from exiting the interceptors and violating city ordinance.
(c) 
At the user's expense, such interceptors and traps shall be installed, inspected, and repaired regularly, as needed, to ensure the interceptor or trap properly performs the function intended.
(d) 
Records related to these devices such as waste transporter manifests and other records necessary for HWWS to verify compliance with this [subdivision] must be kept at the user's facility (on-site) for a period of three years.
(e) 
The use of enzymes or bacteria shall not be considered an acceptable substitute for the required cleaning of interceptors. The use of any processes designed to treat, chemically alter or affect the contents in the interceptors or traps must receive written approval by HWWS prior to the use of such processes.
(Ordinance 2021-34, § II(Exh. A), adopted 9/15/2021)
(a) 
Permit application deadlines.
(1) 
Any liquid waste transporters desiring to operate within the city limits shall apply for a liquid waste transporter permit prior to operating within the city limits.
(2) 
Hauled wastes are subject to sampling by HWWS. Sampling, analysis and other related costs, such as shipping, shall be the responsibility of the liquid waste transporter.
(3) 
HWWS reserves the right to refuse permission to discharge any load.
(b) 
Permit application submission.
Any person transporting septic tank and portable toilet waste within the city limits shall:
(1) 
Submit an application on a form provided by HWWS and provide such information as it may request.
(2) 
Submit, for inspection by HWWS each vehicle the applicant proposes to use to transport liquid waste. Each vehicle shall be constructed, equipped and identified in accordance with the following provisions:
a. 
Business name and permit number in three-inch-high or larger letters, prominently displayed on both sides of the vehicle.
b. 
Vehicle shall be clean and odor free.
c. 
Vehicle shall be equipped for safe operation and comply with regulatory agencies.
d. 
Vehicle shall have a single tank as an integral portion of the vehicle to transport wastes. Portable tanks or other containers temporarily installed in the vehicles are prohibited.
e. 
Piping, valves and connectors shall be permanently attached to the tank and/or vehicle, accessible and easy to clean.
f. 
Tank shall be constructed so that every interior and exterior portion can be easily cleaned.
g. 
Inlets or openings of tank to be constructed so that collected waste will not spill, run, or leak during filling, transfer, or transport.
h. 
Outlet shall be of a design and type suitable for the waste handled and capable of controlling flow or discharge without spillage or spray or flooding of immediate surroundings, while in use.
i. 
Pumps, valves, cylinders, diaphragms, and other appurtenances shall be of a design and type suitable for the type of waste handled, capable of operation without spillage, spray, or leakage, and capable of being easily disassembled for cleaning.
(3) 
Submit, with the application, a photocopy of the driver's license and insurance verification for each driver and vehicle to be permitted under the application.
(c) 
Permit conditions.
Permit conditions shall include, but not be limited to:
(1) 
Before the vehicle is operated in the city, the permit holder shall display the vehicle permit number on each side of each vehicle in a color contrasting with the background color in three-inch-high or larger letters.
(2) 
A permit to transport nonhazardous waste issued by HWWS, prohibits the hauling of hazardous waste and the co-mingling of hazardous waste with nonhazardous waste.
(3) 
Co-mingling of grease trap waste and septic tank waste is prohibited.
(4) 
During the permit period, the transporter shall notify HWWS of changes to information submitted in its permit application including, without limitation, new or updated drivers' licenses and vehicle insurance.
(5) 
Transporters shall remove the entire contents of tanks and traps.
(6) 
Disposal of nonhazardous wastes shall not be made to grease traps, grit traps, septic tanks of the sanitary sewer without prior knowledge and written approval by HWWS.
(7) 
Transporters shall immediately notify HWWS of any additional disposal sites used during the permit period.
(8) 
Transporters shall maintain hoses, tanks, valves, pumps, cylinders, diaphragms, pipes, connections, and other appurtenances on a vehicle in good repair and free from leaks.
(9) 
Provide a safety plug, or cap, for each valve of a tank.
(10) 
Cause a vehicle exterior to be clean and the vehicle odor free at the end of each workday.
(11) 
If transporting portable chemical toilet waste, the transporter shall report monthly to HWWS, the total volume of waste transported and all utilized disposal sites for said waste during the month.
(12) 
Portable toilet waste transporters shall introduce sufficient odor eliminating chemicals to the portable toilets and/or loads to prevent discharging waste that could subject the POTW to nuisance complaints, noncompliance with related permits, or that could constitute a nuisance to the surrounding area, and/or employees of the POTW.
(13) 
Specific limitations (including fees) for discharging into the POTW waste collected from within HWWS's certificate of convenience and necessity area, and any load containing liquid waste from outside the certificate of convenience and necessity will be announced in the liquid waste transporter permit.
(d) 
Manifest system.
A five-part manifest system shall be used to document the generation, transportation, and disposal of liquid wastes. The following conditions apply:
(1) 
The trip ticket books are purchased by the transporter from HWWS for a fee as established by HWWS.
(2) 
The transporter shall complete one trip ticket for each location serviced and shall distribute the manifest copies as designated on the manifest forms.
(3) 
A copy of all trip tickets shall be maintained for a period of five years.
(4) 
Any waste identified as industrial waste, as defined in the section 48-258 of this division must be pre-sampled prior to pick-up by the waste hauler and the results of the sampling submitted to HWWS.
(Ordinance 2021-34, § II(Exh. A), adopted 9/15/2021)