Springville, UT Article 1 General Provisions

§ 4-14-101 Purpose and Policy.

In order to protect the health, safety, and welfare of the residents of the City, and to provide for maximum public benefit, the City finds it necessary to regulate the publicly owned treatment works (POTW). The provisions of this Chapter set forth uniform requirements for users discharging into the POTW, and enable the City to comply with all applicable local, State and Federal laws, including the Clean Water Act (33 U.S.C. Section 1251 et seq.), the General Pretreatment Regulations (40 CFR Part 403), and the Utah Administrative Code R317-8-8. The objectives of this Chapter are:

(1) To prevent the introduction of pollutants into the POTW that will interfere with the operation of the POTW or contaminate the resulting effluent or sludge;

(2) To prevent the introduction of pollutants into the POTW that will pass through, inadequately treated, into receiving waters, or otherwise be incompatible with the POTW;

(3) To protect POTW personnel who may be affected by wastewater and sludge in the course of their employment, and the general public;

(4) To promote reuse and recycling of wastewater and sludge from the POTW;

(5) To enable the City to comply with its Utah Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other Federal or State laws to which the POTW is subject;

(6) To provide for equitable distribution of the cost of the wastewater system among its users; and

(7) To provide for and promote the general health, safety, and welfare of the residents of the City.

This Chapter shall apply to all users of the POTW. This Chapter authorizes the issuance of individual wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; and requires user reporting.

(Ord. No. 07-2014, 03/19/2014; Ord. No. 17-2025 § 1, 08/05/2025)

§ 4-14-102 Creation of Division of Public Works.

There is hereby created a Water Reclamation Facility and Sewer Collections Division of Public Works which shall consist of a Superintendent, POTW Manager, and such other City employees as shall be provided for by the City Council.

(Ord. No. 07-2014, 03/19/2014)

§ 4-14-103 Duties of Superintendent.

The Superintendent of the Water Reclamation Facility and Sewer Collections Division shall be responsible for the proper care and efficient operation of the City's Water Reclamation Facility, collections system, and all sewage pump stations. The Superintendent shall also enforce and carry out the duties specified in this Chapter. Except as otherwise provided herein, the Superintendent shall administer, implement, and enforce the provisions of this Chapter. Any powers granted to or duties imposed upon the Superintendent may be delegated by the Superintendent to a duly authorized City employee.

(Ord. No. 07-2014, 03/19/2014; Ord. No. 17-2025 § 1, 08/05/2025)

§ 4-14-104 Abbreviations.

The following abbreviations, when used in this Chapter, shall have the designated meanings:

BMP –	best management practice
BMR –	baseline monitoring report
BOD –	biochemical oxygen demand
CFR –	Code of Federal Regulations
CIU –	categorical industrial user
COD –	chemical oxygen demand
CWA –	Clean Water Act
EPA –	U.S. Environmental Protection Agency
gpd –	gallons per day
IU –	industrial user
mg/l –	milligrams per liter
POTW –	publicly owned treatment works
RCRA –	Resource Conservation and Recovery Act
SIU –	significant industrial user
SNC –	significant noncompliance
TSS –	total suspended solids
UPDES –	Utah Pollutant Discharge Elimination System
U.S.C. –	United States Code

(Ord. No. 07-2014, 03/19/2014)

§ 4-14-105 Definitions.

Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Chapter, shall have the meanings hereinafter designated:

(1)

"Act" or "the Act"

means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. Section 1251 et seq.

(2)

"Approval authority"

means the State of Utah, Department of Environmental Quality, Division of Water Quality (DWQ), or its successor agency.

(3)

"Authorized or duly authorized representative of the user"

means:

(a) If the 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 (1) or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiates and directs 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 individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(b) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

(c) If the user is a Federal, State, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

(d) The individuals described in subsections (3)(a) through (3)(c) of this Section may designate a duly authorized representative if the authorization is in writing. The authorization must specify the individual or position responsible for the overall operation of the facility from which the discharge originates, or who has overall responsibility for environmental matters for the company, and the written authorization is submitted to the POTW Manager.

(4)

"Best management practices" or "BMPs"

means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 4-14-301. BMPs 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 materials storage. BMPs shall be considered local limits and pretreatment standards for the purposes of Section 4-14-304(3) and Section 307(d) of the Act, 40 CFR 403.5(c)(4) and Utah Administrative Code R317-8-8.8.

(5)

"Biochemical oxygen demand" or "BOD"

means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at twenty (20) degrees centigrade, usually expressed as a concentration (e.g., mg/l).

(6)

"Categorical pretreatment standard" or "categorical standard"

means any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and 307(c) of the Act (33 U.S.C. Section 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405 through 471.

(7)

"Categorical industrial user"

means an industrial user subject to a categorical pretreatment standard or categorical standard.

(8)

"City"

means the City of Springville or the City Council of Springville City.

(9)

"Composite sample"

means a sample collected for monitoring purposes during normal production periods over any twenty-four (24) hour time interval, using a constant time or flow proportioned sampling method.

(a) A time composite sample consists of discrete (grab) samples of equal volume collected at hourly time intervals at a minimum.

(b) A flow proportional composite sample is one where the volume collected is proportional to the flow. The proportioning may be based on constant volume with variable collection time or variable volume with constant time intervals.

(10)

"Control authority"

means the City of Springville.

(11)

"Cooling water"

shall mean water discharged from any use, such as air conditioning, cooler or refrigeration unit, to which the only pollutant added is heat.

(12)

"Daily maximum"

means the arithmetic average of all effluent samples for a pollutant collected during a calendar day.

(13)

"Daily maximum limit"

means the maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

(14)

"Environmental Protection Agency" or "EPA"

means the U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official of said agency.

(15)

"Existing source"

means any source of discharge that is not a "new source."

(16)

"Garbage"

shall mean the animal and vegetable waste resulting from processes of a trade or business, distinct from domestic or sanitary waste.

(17)

"Grab sample"

means a sample that is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed fifteen (15) minutes.

(18)

"Hazardous waste"

means hazardous waste as defined in 40 CFR 261.3. This reference is incorporated herein and made a part hereof.

(19)

"Indirect discharge" or "discharge"

means the introduction of pollutants into a POTW from any nondomestic source that is regulated under Section 307(b), (c) or (d) of the Act.

(20)

"Industrial wastewater discharge permit"

shall mean a permit to deposit or discharge industrial waste into any sanitary sewer under the jurisdiction of the City.

(21)

"Industrial waste surcharge"

shall mean a charge levied on industrial users of the sewage treatment works for the additional cost of treating waste discharges of abnormal strength or characteristics. This charge includes capital as well as operating and maintenance costs.

(22)

"Industrial waste"

shall mean the wastewater from industrial processes of a trade or business, as distinct from domestic or sanitary waste.

(23)

"Instantaneous limit"

means the maximum or minimum concentration, or load, of a pollutant allowed to be discharged at any time, as determined from the analysis of any discrete grab or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

(24)

"Interference"

means any discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal, and therefore is a cause of a violation of the City's UPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent State or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource 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.

(25)

"Local limit"

means specific discharge limits developed and enforced by the City upon industrial or commercial facilities in order to implement the general and specific discharge prohibitions listed in Section 4-14-301 and the technical-based local limits. The documents used to develop the local limit are kept on file at the POTW office and can be reviewed if requested.

(26)

"Medical waste"

means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes, and waste created or produced by facilities catering to the treatment of humans and animals that are potentially infectious.

(27)

"Monthly average"

means the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.

(28)

"Monthly average limit"

means the highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.

(29)

"Natural outlet"

shall mean any outlet (including storm sewers) into a watercourse, pond, ditch, lake or other body of surface or ground water.

(30) New Source.

(a) Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act that will be applicable to such source if such standards are thereafter promulgated in accordance with that Section; provided, that:

(i) The building, structure, facility, or installation is constructed at a site at which no other source is located; or

(ii) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

(iii) The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.

(b) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection (30)(a)(ii) or (30)(a)(iii) of this Section but otherwise alters, replaces, or adds to existing process or production equipment.

(c) Construction of a new source as defined under this subsection has commenced if the owner or operator has:

(i) Begun, or caused to begin, as part of a continuous on-site construction program:

(A) Any placement, assembly, or installation of facilities or equipment; or

(B) Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

(ii) Entered into a binding contractual obligation for the purchase of facilities or equipment which is intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this subsection.

(31)

"Noncontact cooling water"

means water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

(32)

"Pass through"

means a discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City's UPDES permit, including an increase in the magnitude or duration of a violation.

(33)

"Person"

means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity, or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local governmental entities.

(34)

"pH"

means a measure of the acidity or basicity of a solution, expressed in standard units.

(35)

"Pollutant"

means dredged spoil; solid waste; incinerator residue; filter backwash; sewage; garbage; sewage sludge; munitions; medical wastes; chemical wastes; biological materials; radioactive materials; heat; wrecked or discarded equipment; rock; sand; dirt; municipal, agricultural and industrial wastes; and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

(36)

"POTW Manager"

means the person designated by Springville City to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this Chapter. The term also means a duly authorized representative of the POTW Manager.

(37)

"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, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

(38)

"Pretreatment requirements"

means any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

(39)

"Pretreatment standards" or "standards"

shall mean any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and 307(c) of the Act applying to industrial users, which includes but is not limited to prohibited discharge standards, categorical pretreatment standards, and local limits.

(40)

"Prohibited discharge standards" or "prohibited discharges"

means absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 4-14-301.

(41)

"Publicly owned treatment works" or "POTW"

means a treatment works, as defined by Section 212 of the Act (33 U.S.C. Section 1292), which is owned by Springville City. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature, and any conveyances which convey wastewater to a treatment plant. It also includes sewers, pipes and other conveyances if they convey wastewater to a POTW water reclamation facility. The term also means the municipality as defined in Section 502(4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.

(42)

"Septic tank waste"

means any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

(43)

"Sewage"

means human excrement and gray water (household showers, dishwashing operations, etc.).

(44)

"Sewer collection section"

means a section of the Water Reclamation Facility and Sewer Collections Division of Public Works.

(45)

Significant Industrial User (SIU).

A significant industrial user is:

(a) An industrial user subject to categorical pretreatment standards; or

(b) An industrial user that:

(i) Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blow down wastewater);

(ii) Contributes a process waste stream which makes up five percent (5%) 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 it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement;

(c) Upon a finding that a user meeting the criteria in subsection (45)(b) of this Section has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or 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 procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

(46)

"Slug load" or "slug discharge"

means any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in Section 4-14-301. A slug discharge is any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW's regulations, local limits or permit conditions.

(47)

"Storm water"

means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

(48)

"Superintendent"

shall mean the Superintendent of the Water Reclamation Facility and Sewer Collections Division of Public Works as provided by Section 4-14-103, or his or her authorized agent or deputy.

(49)

"Total suspended solids" or "suspended solids"

means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.

(50)

"User" or "industrial user"

shall mean any person who directly or indirectly discharges or causes the discharge of wastewater into a POTW sewer system.

(51)

"Wastewater"

means liquid- and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.

(52)

"Water reclamation facility," "wastewater treatment plant" or "treatment plant"

means the part of the POTW which is designed to provide treatment of municipal sewage and industrial waste.

(53)

"Water of the State"

means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, which are contained within, flow through, or border upon this State or any portion thereof, except that bodies of water confined to and retained within the limits of private property, and which do not develop into or constitute a nuisance, or a public health hazard, or a menace to fish and wildlife, shall not be considered to be "waters of the State" under this definition (Section 19-5-102, Utah Code Annotated 1953).

(Ord. No. 07-2014, 03/19/2014; Ord. No. 10-2024 § 1 (Exh. A), 08/06/2024; Ord. No. 17-2025 § 1, 08/05/2025)