The provisions of this chapter shall be applicable in the event that a receiving jurisdiction is not able or willing to regulate, monitor and enforce discharges into the city's sanitary sewer system on the city's behalf in accordance with the Receiving Jurisdiction's regulations and applicable permit(s).
(Ord. 26-0709, 5/12/2026)
The following words, terms, and phrases, when used in this chapter, shall have the following meanings, except where the context clearly indicates a different meaning or where otherwise defined:
"Fats, oils and grease (FOG)"
means those components of wastewater amenable to measurement by methods for the determination of oil and grease described in the current method of standard methods or methods identified in 40 CFR Part 136. The term "fats, oils and grease" shall include polar and nonpolar fats, oils, and grease and other components extracted from wastewater by these methods.
"Interference"
means a discharge that alone, or in conjunction with a discharge or discharges from other sources, either: (1) inhibits or disrupts the wastewater collection system, its treatment processes or operations; (2) inhibits or disrupts its biosolids (sludge) processes, use or disposal; or (3) is a cause of a violation of any permit or that prevents the use or disposal of sewage sludge in compliance with any of the following statutory/regulatory provisions or permits issued thereunder: Section 405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA), 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 SWDA; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
"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 an NPDES permit(s), including an increase in the magnitude or duration of a violation.
"Pollutant"
means a contaminant, or other cause of alteration of the physical, chemical, or biological properties, of any waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental, or injurious to the public health, safety, or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish, or other aquatic life.
"POTW"
means a publicly owned treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292), which is owned by a receiving jurisdiction, to which wastewater from the city's sanitary sewer system is conveyed. This definition includes any devices or systems used in the collection, conveyance, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.
"User"
means any person, business or entity that contributes, causes or permits the contribution of wastewater into the city's sanitary sewer system.
(Ord. 26-0709, 5/12/2026)
A. 
Any authorized officer or employee of the city may enter and inspect any part of the city's sanitary sewer system. The right of entry and inspection shall extend to public streets, easements, and property within which the system is located. Moreover, the city shall be allowed to enter onto private property to inspect waste discharge facilities. The right of inspection shall include on-site inspection of pretreatment and sewer facilities, observation, measurement, sampling testing and access to all compliance records located on the premises of the discharger. The right of inspection shall include entry into the business premises during normal business hours (with or without prior notification) to ensure that discharge standards, including but not limited to best management practices, are being followed. Persons or occupants of premises where wastewater is produced or discharged must allow any authorized representative of the city ready access at all reasonable times to all parts of the premises for the purpose of inspection, sampling, or record examination. The city's representative has the authority to set up, on the discharge's property, such devices as are necessary to conduct sampling, inspection, compliance monitoring or flow metering operations.
B. 
General Prohibitions. No person shall introduce or cause to be introduced into the city's sanitary sewer system any pollutant, wastewater, or other substance or flow which either alone or by interaction with other materials causes Pass Through or Interference, as determined and/or otherwise prohibited by the receiving jurisdiction.
C. 
The following are prohibited and considered violations: filing false reports, denying access to premises or records, discharging through unauthorized connections, tampering with sampling or metering devices, deliberately circumventing pretreatment facilities, or continuing a prohibited discharge in violation of an order to cease and desist.
(Ord. 26-0709, 5/12/2026)
A. 
Applicability. The provisions of the receiving jurisdiction shall apply to all commercial/industrial discharges into the city's sanitary sewer system. As all wastewater discharged into the city's sanitary sewer system is ultimately conveyed into a receiving jurisdiction's POTW, the city's sanitary sewer system shall be considered part of the receiving jurisdiction's system for the purposes of compliance with their standards.
B. 
Permits — Reports — Enforcement. All industrial dischargers within the city shall apply directly to the receiving jurisdiction for applicable pretreatment permits. Reports from industrial dischargers shall be made directly to the receiving jurisdiction. All enforcement actions for industrial dischargers shall be undertaken by the receiving jurisdiction. City staff shall cooperate with receiving jurisdiction staff as necessary in said application and enforcement procedures.
C. 
Categorical Industry Determination. The receiving jurisdiction shall make the final determination, subject to 40 CFR 403.6, Federal or State Review, as to whether a particular industrial user is a categorical industry. The receiving jurisdiction will collect and assimilate the necessary information to make this determination.
D. 
Significant Industrial User Determination. The receiving jurisdiction shall make the final determination as to whether a particular industrial user is a significant industrial user. The receiving jurisdiction will collect and assimilate the necessary information to make this determination.
E. 
Inspection. Any authorized officer and employee of the receiving jurisdiction may enter and inspect any part of the city's sewer system served by the receiving jurisdiction's treatment system. The right of entry and inspection shall extend to public streets, easements, and property within which the system is located. Moreover, the receiving jurisdiction shall be allowed, as appropriate under city regulations, to enter on private property to inspect industrial waste discharges. The right of inspection shall include on-site inspection of pretreatment and sewer facilities, observation, measurement, sampling testing and access to all 40 CFR 403.12 compliance records located on the premises of the industrial user.
(Ord. 26-0709, 5/12/2026)
A. 
Applicability. The requirements specified herein apply to all new commercial facilities and any existing or new customer with a reasonable potential to discharge excessive levels of FOG (as solely determined by the receiving jurisdiction) into the city's sanitary sewer system. Excessive levels of FOG are generally defined as those that exceed 100 mg/L total FOG, have a visible sheen or cause build-up or obstructions in sewer systems.
B. 
FOG Standard. Unless a lower limit is established by the receiving jurisdiction, the discharge of more than 100 mg/L (combined polar and non-polar FOG concentrations, EPA Method 1664) into the city's sanitary sewer system is prohibited. If a lower limit is established by the receiving jurisdiction, the lower limit shall apply. The discharge of FOG in amounts that cause a visible sheen on the discharge or in the public sewer system, a build-up of FOG in any public sewer facility, which accumulates either alone or in combination with other discharges to cause obstruction of the public sewer system is also prohibited.
C. 
Requirements for New and Existing Facilities.
1. 
New Facilities. Unless specifically exempted by the receiving jurisdiction, all new commercial facilities are required to install FOG removal devices pursuant to the Receiving Jurisdiction's regulations. Constructed facilities with the potential to discharge FOG shall be required to continuously operate and maintain an approved type and adequately sized FOG removal devices designed to meet the requirements of the receiving jurisdiction within 180 calendar days from notification by the receiving jurisdiction. New facilities must be designed in accordance with the requirements of the receiving jurisdiction.
2. 
Existing Facilities With FOG Removal. Existing facilities with FOG removal devices shall be permitted to operate and maintain existing FOG removal devices, provided that the equipment is in good operating condition and meets the effluent requirements as determined by the receiving jurisdiction. Any facilities that will be expanded or renovated (e.g., tenant improvements), or are known to cause violations of the FOG removal device effluent standards or FOG-related cleaning activities in the sanitary sewer, shall be required to install, operate, and maintain an approved and adequately sized FOG removal device designed to meet the receiving jurisdiction's current FOG control requirements within 120 calendar days from notification by the receiving jurisdiction.
3. 
Existing Facilities Without FOG Removal. Existing facilities without FOG removal devices that will be expanded or renovated (e.g., tenant improvements), or are determined by the receiving jurisdiction to cause violations of the FOG removal device effluent standards or FOG-related cleaning activities in the sanitary sewer, shall be required to install, operate, and maintain an approved type and adequately sized FOG removal device designed to meet the receiving jurisdiction's current FOG control requirements within 180 calendar days from notification by the receiving jurisdiction.
D. 
Requirements for FOG Removal Devices. The design, construction, installation, and maintenance of all FOG removal devices shall comply with the applicable receiving jurisdiction's requirements.
E. 
Enzymes, Emulsifiers, Bacteria, and Other Agents. The direct addition into the building plumbing, grease interceptor, or oil/water separator of enzymes, chemicals, or other agents designed to biodegrade or emulsify the FOG compounds are prohibited. Any attempt to modify the interceptor into a biological reactor by adding bacterial or microbial agents is also prohibited.
F. 
Inspection, Monitoring, and Reporting.
1. 
Inspection. Authorized personnel from the city and/or receiving jurisdiction may inspect the FOG removal devices and other wastewater facilities and equipment of any user at any time during normal business hours to ascertain whether the applicable pretreatment standards are being met. All facilities shall maintain a written record of inspection and maintenance activities and the rendering/disposal company manifest (including date of activity). A copy of such records shall be made available for on-site inspection during all operating hours.
2. 
Monitoring. Authorized personnel from the city and/or receiving jurisdiction shall have the right and access to set up on any user's property devices necessary for conducting wastewater sampling inspection, compliance monitoring, and/or metering operations.
3. 
Reporting. Facilities shall retain maintenance records for each FOG removal device located on the premises pursuant to the receiving jurisdiction's regulations.
G. 
Enforcement. In addition to any enforcement of regulations by a receiving jurisdiction, the city may pursue enforcement activity as follows:
1. 
Actions. In the event that a facility has a FOG removal device that fails a visual or effluent sample analysis inspection, the user shall be given written notice of the non-compliant condition and must take immediate steps to bring the FOG removal device into compliance. The user is responsible for all associated costs.
a. 
Failure on the part of any user to maintain continued compliance with any requirements set forth in these regulations may result in the initiation of enforcement action. Such enforcement action may include, but is not limited to, a warning letter and/or administrative fine.
b. 
If an obstruction of the sanitary sewer collection system occurs that causes a sanitary sewer backup and/or overflow and such overflow can be attributed in part or in whole to an accumulation of FOG in the city's sanitary sewer system, the city may take appropriate enforcement actions against the generator or contributor of such FOG. Pursuant to EMC Title 7, these actions may include recovery of all costs associated with cleanup activities, fines, civil penalties, or a discontinuance of water service.
2. 
Fines. Fines for any violation of the requirements specified herein are set forth as below. Compliance issues resulting in fines issued by the city must be addressed within 14 calendar days of notification or escalating additional fines may be assessed. The fines presented below may be tripled if the violations are determined by the city to be deliberate.
a. 
The city may, at its own discretion, issue a notice of correction or report of non-compliance, without an accompanying fine, for the first violation. The notice of correction specifies required compliance activities and schedules to bring the user into compliance.
b. 
First Violation. A fine of $500.00 shall be given to the user with reference to the type of violation in accordance with the requirements specified herein.
c. 
Second Violation. A fine of $1,500 shall be given to the user for a second violation, with reference to the type of violation in accordance with the requirements specified herein.
d. 
Third Violation. A fine of $2,500 shall be given to the user for a third violation (and for each subsequent violation thereafter), with reference to the type of violation in accordance with the requirements specified herein, and/or utility service by the receiving jurisdiction or water purveyor may be suspended.
e. 
The fines stated above shall be invoiced to the user directly, and the invoice will be copied to the applicable receiving jurisdiction for inclusion with their utility service account. Any user being notified of such violation shall pay such fine either directly to the city or through the user's next regular billing for sanitary sewer service as administered by the receiving jurisdiction.
f. 
In addition to the above fines, the city will bill the user causing the violation for the recovery of any costs (including all labor and materials) for investigation, cleanup and remediation associated with the violation. The charges assessed will recover all costs incurred, and such costs may include, but not be limited to:
i. 
Fines levied against the city or receiving jurisdiction by any regulatory agency as a result of the violation,
ii. 
Costs of litigation and/or settlement of any third-party lawsuits brought against the city or receiving jurisdiction as a result of the violation, and
iii. 
Costs of time and materials to remediate any environmental damage or other problems caused by the violation.
g. 
Any fines imposed by the city against a user shall be due within 30 calendar days of (i) the city's invoice date or (ii) the receiving jurisdiction's sewer service billing including such fine, whichever is later. If the fine is not paid within this time period, the fine shall then be delinquent, and the city shall enforce the collection of such fine in the manner provided by city policies or other applicable law.
3. 
Appeals. In the event a user against whom a fine for violation of the requirements specified herein has been imposed contests the amount of such fine or related city enforcement action, such user may submit an appeal pursuant to Chapter 7.80 EMC.
(Ord. 26-0709, 5/12/2026)