Chapter 5 Wastewater Collection System and Treatment Works Regulations

Purpose and policy. The purpose of this chapter is to set uniform requirements for users of the City of Collegedale's wastewater collection system and treatment works to enable the city to comply with the provisions of the Clean Water Act and other applicable federal and state laws and regulations, and to provide for the public health and welfare by regulating the quality and quantity of wastewater discharged into the city's wastewater collection system and treatment works. This chapter provides a means for determining wastewater volumes, constituents and characteristics, the setting of charges and fees, and the issuance of permits to certain users. This chapter establishes effluent limitations and other discharge criteria and provides that certain users shall pretreat waste to prevent the introduction of pollutants into the publicly owned treatment works (hereinafter referred to as POTW) which will interfere with the operation of the POTW or contaminate the sewage sludge; to prevent the introduction of pollutants into the POTW which will pass through the treatment works into the receiving waters or the atmosphere, or otherwise be incompatible with the treatment works; and to improve opportunities to recycle and reclaim wastewater and the sludges resulting from wastewater treatment. This chapter provides measures for the enforcement of its provisions and abatements of violations thereof. This chapter establishes a wastewater regulations board and its duties, and establishes the duties of the superintendent to insure that the provisions of this chapter are administered fairly and equitably to all users.

Definitions. For purposes of this chapter, the following phrases and words shall have the meaning assigned below, except in those instances where the content clearly indicates a different meaning:

ACT or THE ACT

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

APPROVAL AUTHORITY

The director in an NPDES state with an approved state pretreatment program and the administrator of the EPA in a non-NPDES state or an NPDES state without an approved state pretreatment program.

AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER

An authorized representative of an industrial user may be: (1) A principal executive officer of at least the level of vice president, if the industrial user is a corporation; (2) a general partner or proprietor of the industrial user is a partnership of proprietorship, respectively; (3) a duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facility from which the indirect discharge originates.

BUILDING SEWER

A sewer conveying wastewater from the premises of a user to a community sewer.

BOARD

The wastewater regulations board.

CATEGORICAL STANDARDS

National pretreatment standards.

CITY

The City of Collegedale, Tennessee, a municipal corporation.

COMMUNITY SEWER

Any sewer containing wastewater from more than one premise.

COMPATIBLE POLLUTANT

Biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria; plus any additional pollutants identified in the publicly owned treatment works' NPDES permit for which the publicly owned treatment works is designed to treat such pollutants to a substantial degree.

ENVIRONMENTAL PROTECTION AGENCY or EPA

CONTROL AUTHORITY

The approval authority defined hereinabove, or the superintendent if the city has an approved pretreatment program under the provisions of 40 C.F.R. 403.11.

(k)

DIRECT DISCHARGE

The discharge of treated or untreated wastewater directly to the waters of the State of Tennessee.

(l)

The Environmental Protection Agency, an agency of the United States or, where appropriate, the term may also be used as a designation for the administrator or other duly authorized official of said agency.

(m)

GRAB SAMPLE

A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.

(n)

HOLDING TANK WASTE

Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.

(o)

INCOMPATIBLE POLLUTANT

All pollutants other than compatible pollutants as defined as subsection (2)(i) of this section.

(p)

INDIRECT DISCHARGE

The discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act (33 U.S.C. 1317) into the POTW (including holding tank waste discharged into the system) for treatment before direct discharge to the waters of the state.

(q)

INDUSTRIAL USER

A source of indirect discharge which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of the Act (33 U.S.C. 1342).

(r)

INTERFERENCE

Inhibition or disruption of the sewer system, treatment processes or operations or which contributes to a violation of any requirement of the city's NPDES permit. The term includes prevention of sewage sludge use or disposal of the POTW in accordance with Section 405 of the Act (33 U.S.C. 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW.

(s)

MASS EMISSION RATE

The weight of material discharged to the community sewer system during a given time interval. Unless otherwise specified, the mass emission rate shall mean pounds per day of the particular constituent or combination of constituents.

(t)

MAXIMUM CONCENTRATION

The maximum amount of a specific pollutant in a volume of water or wastewater.

(u)

NATIONAL PRETREATMENT STANDARD or PRETREATMENT STANDARD

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. 1347) which applies to industrial users.

(v)

NEW SOURCE

Any source, the construction of which is commenced after the publication of proposed regulations prescribing a Section 307 (c) (33 U.S.C. 1317) categorical pretreatment standard which will be applicable to such source, if such standard is thereafter promulgated within one hundred twenty (120) days of proposal in the federal register. Where the standard is promulgated later than one hundred twenty (120) days after proposal, a new source means any source, the construction of which is commenced after the date of promulgation of the standard.

(w)

NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM or NPDES PERMIT

A permit issued to a POTW pursuant to Section 402 of the Act (33 U.S.C. 1342).

(x)

PERSON

Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents, or assigns. The masculine gender shall include the feminine; the singular shall include the plural where indicated by the context.

(y)

POLLUTION

The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.

(z)

PREMISES

A parcel of real estate or portion thereof including any improvements thereon which is determined by the superintendent to be a single user for purposes of receiving, using and paying for services.

(aa)

PRETREATMENT

The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, process changes, or by other means, except as prohibited by 40 C.F.R. 403.6(d).

(bb)

PRETREATMENT REQUIREMENTS

Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.

(cc)

PUBLICLY OWNED TREATMENT WORKS or POTW

A treatment works as defined by Section 212 of the Act (33 U.S.C. 1292), which is owned in this instance by the city. This definition includes any sewers that convey wastewater to such a treatment works, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. The term also means the City of Collegedale, a municipality, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.

(dd)

RECLAIMED WATER

Water which, as a result of treatment of waste, is suitable for direct beneficial uses or a controlled use that would not occur otherwise.

(ee)

STANDARD INDUSTRIAL CLASSIFICATION

A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.

(ff)

SUPERINTENDENT

The person designated by the city to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this chapter, or his duly authorized representative.

(gg)

TOXIC POLLUTANT

Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the Environmental Protection Agency under the provisions of 33 U.S.C. 1317.

(hh)

TREATMENT WORKS

Any devices and systems used in the storage, treatment, recycling and reclamation of domestic sewage or industrial wastes of a liquid nature including interceptor sewers, outfall sewers, sewage collection systems, pumping, power and other equipment and appurtenances; extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment; and including combined storm water and sanitary sewer systems.

(ii)

TWENTY-FOUR HOUR, FLOW PROPORTIONAL COMPOSITE SAMPLE

A sample consisting of several effluent portions collected during a twenty-four-hour period in which the portions of sample are proportionate to the flow and combined to form a representative sample.

(jj)

UNPOLLUTED WATER

Water to which no constituent has been added, either intentionally or accidentally, which would render such water unacceptable to the State of Tennessee or the Environmental Protection Agency having jurisdiction thereof for disposal to storm or natural drainage, or directly to surface waters.

(kk)

USER

Any person, firm, corporation or governmental entity that discharges, causes or permits the discharge of wastewater into a community sewer.

(ll)

WASTE

Includes sewage and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing or processing operation of whatever nature, including such waste placed within containers of whatever nature prior to, and for purpose of disposal.

(mm)

WASTEWATER

Waste and water, whether treated or untreated, discharged into or permitted to enter a community sewer.

(nn)

WASTEWATER CONSTITUENTS AND CHARACTERISTICS

The individual chemical, physical, bacteriological and radiological parameters, including volume and flow rate and such other parameters that serve to define, classify or measure the contents, quality, quantity and strength of wastewater.

(oo)

WATERS OF THE STATE OF TENNESSEE

Any water, surface or underground, within the boundaries of the state.

Abbreviations. The following abbreviations shall have the following meanings:

BOD

Biochemical oxygen demand.

CFR

Code of Federal Regulations.

COD

Chemical oxygen demand.

EPA

Environmental Protection Agency.

GMP

Good management practices.

Liter.

MBAS

Methylene-blue-active substances.

NPDES

National Pollutant Discharge Elimination System.

POTW

Publicly owned treatment works.

§ 18-502 Prohibitions and limitations on discharges into the public owned treatment works.

SIC

Standard industrial classification.

(k)

SWDA

Solid Waste Disposal Act, 42 U.S.C. 6901 et seq.

(l)

U.S.C.

United States Code.

[1977 Code, § 8-602]

Purpose and policy. This section establishes limitations and prohibitions on the quantity and quality of wastewater which may be lawfully discharged into the publicly owned treatment works. Pretreatment of some wastewater discharge will be required to achieve the goals established by this chapter and the Clean Water Act. The specific limitations set forth in subsection (12) hereof, and other prohibitions and limitations of this chapter, are subject to change as necessary to enable the city to meet the requirements contained in its NPDES permit. The wastewater regulations board shall review said limitations from time to time to insure that they are sufficient to enable the treatments works to comply with NPDES permit, that they are sufficient to provide for a cost effective means of operating the treatment works, and that they are sufficient to protect the public health and the environment. The board shall recommend changes or modifications as necessary.

Prohibited pollutants. No person shall introduce into the publicly owned treatment works any of the following pollutants which acting either alone or in conjunction with other substances present in the POTW interfere with the operation of the POTW, as follows:

Pollutants which create a fire or explosion hazard in the POTW;

Pollutants which will cause corrosive structural damage to the POTW, but in no case discharges with a pH lower than 5.0 or higher than 10.5;

Solid or viscous pollutants in amounts which cause obstruction to the flow of the sewers or other interference with the operation of or which cause injury to the POTW, including waxy or other materials which tend to coat and clog a sewer line or other appurtenances thereto;

Any pollutant, including oxygen-demanding pollutants (BOD, etc.) released in a discharge of such volume or strength as to cause interference in the POTW;

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 treatment works influent exceeds forty (40) degrees centigrade (one hundred four (104) degrees Fahrenheit). Unless a higher temperature is allowed in the user's wastewater discharge permit, no user shall discharge into any sewer line or other appurtenance of the POTW wastewater with a temperature exceeding sixty-five (65) degrees centigrade (one hundred fifty (150) degrees Fahrenheit).

Wastewater constituent evaluation. The wastewater of every industrial user shall be evaluated upon the following criteria:

Wastewater containing any element or compound which is not adequately removed by the treatment works which is known to be an environmental hazard;

Wastewater causing a discoloration or any other condition in the quality of the city's treatment works' effluent such that receiving water quality requirements established by law cannot be met;

Wastewater causing conditions at or near the city's treatment works which violate any statute, rule or regulation of any public agency of this state or the United States;

Wastewater containing any element or compound known to act as a lacrimator, known to cause nausea, or known to cause odors constituting a public nuisance;

Wastewater causing interference with the effluent or any other product of the treatment process, residues, sludges, or scums, causing them to be unsuitable for reclamation and reuse or causing interference with the reclamation process;

Wastewater having constituents and concentrations in excess of those listed in subsection (12), or which cause a violation of the limits in subsection (13).

National pretreatment standards. Certain industrial users are now or hereafter shall become subject to national pretreatment standards promulgated by the Environmental Protection Agency specifying quantities or concentrations of pollutants or pollutant properties which may be discharged into the POTW. All industrial users subject to a national pretreatment standard shall comply with all requirements of such standard, and shall also comply with any additional or more stringent limitations contained in this chapter. Compliance with national pretreatment standards for existing sources subject to such standards or for existing sources which hereafter become subject to such standards shall be within three (3) years following promulgation of the standards, unless a shorter compliance time is specified in the standard. Compliance with national pretreatment standards for existing sources subject to such standards or for existing sources which hereafter become subject to such standards shall be within three (3) years following promulgation of the standards, unless a shorter compliance time is specified in the standard. Compliance with national pretreatment standards for new sources shall be required upon promulgation of the standard. Except where expressly authorized by an applicable national pretreatment standard, no industrial user shall increase the use of process water or in any other way attempt to dilute a discharge as a partial or complete substitution for adequate treatment to achieve compliance with such standard.

Prohibitions on storm drainage and ground water. Storm water, groundwater, rain water, street drainage, roof top drainage, basement drainage, subsurface drainage or yard drainage, if unpolluted, shall not be discharged through direct or indirect connections to a community sewer unless a storm sewer or other reasonable alternative for removal of such drainage does not exist, and then only when such discharge is permitted by the user's wastewater discharge permit and the appropriate fee is paid for the volume thereof.

Unpolluted water. Unpolluted water, including but not limited to cooling water or process water, shall not be discharged through direct or indirect connections to a community sewer except on the same conditions as provided in subsection (5) hereinabove.

Limitation on radioactive waste. No person shall discharge or permit to be discharged any radioactive waste into a community sewer except:

When the person is authorized to use radioactive materials by the Tennessee Department of Public Health or the Nuclear Regulatory Commission;

When the waste is discharged in strict conformity with applicable laws and regulations of the aforementioned agencies or any other agency having jurisdiction; and

When a copy of permits received from said regulatory agencies have been filed with the superintendent.

Limitations on the use of garbage grinders. Waste from garbage grinders shall not be discharged into a community sewer except when generated in preparation of food consumed on the premises, and then only where applicable fees therefor are paid. Such grinders must shred the waste to a degree that all particles will be carried freely under the normal flow conditions prevailing in the community sewers. Garbage grinders shall not be used for the grinding of plastic, paper products, inert materials or garden refuse. This provision shall not apply to domestic residences.

Limitations on point of discharge. No person shall discharge any substance directly into a manhole or other opening in a community sewer other than through an approved building sewer, unless he shall have been issued a temporary permit by the superintendent. The superintendent shall incorporate in such temporary permit such conditions as he deems reasonably necessary to insure compliance with the provisions of this chapter, and the user shall be required to pay applicable charges and fees therefor.

§ 18-503 Exceptions to wastewater strength standard.

Septic tank pumping, hauling and discharge. No person owning vacuum or cesspool pump trucks or other liquid waste transport trucks shall discharge directly or indirectly into the POTW unless such person shall first have applied for and received a truck discharge operation permit from the superintendent. All applicants for a truck discharge operation permit shall complete such forms as required by the superintendent, pay appropriate fees, and agree in writing to abide by the provisions of this chapter and any special conditions or regulations established by the superintendent. The owners of such vehicles shall affix and display the permit number on the side of each vehicle used for such purposes. Such permits shall be valid for a period of one year from date of issuance; provided, that such permit shall be subject to revocation by the superintendent for violation of any provision of this chapter or reasonable regulation established by the superintendent. Such permits shall be limited to the discharge of domestic sewage waste containing no industrial waste. The superintendent shall designate the locations and times where such trucks may be discharged, and may refuse to accept any truckload of waste in his absolute discretion where it appears that the waste could interfere with the effective operation of the treatment works or any sewer line or appurtenance thereto.

(11)

Other holding tank waste. No person shall discharge any other holding tank waste into the POTW unless he shall have applied for and have been issued a permit by the superintendent. Unless otherwise allowed under the terms and conditions of the permit, a separate permit must be secured for each separate discharge. The permit shall state the specific location of discharge, the time of day the discharge is to occur, the volume of the discharge, and shall limit the wastewater constituents and characteristics of the discharge. Such user shall pay any applicable charges or fees therefor, and shall comply with the conditions of the permit issued by the superintendent. Provided, however, no permit will be required to discharge domestic waste from a recreational vehicle holding tank provided such discharge is made into an approved facility designed to receive such waste.

(12)

Limitations on wastewater strength. No person or user shall discharge wastewater in excess of the concentrations set forth in the table below unless an exception has been granted the user under the provisions of section 18-503; or the wastewater discharge permit of the user provides as a special permit condition a higher interim concentration level in conjunction with a requirement that the user construct a pretreatment facility or institute changes in operation and maintenance procedures to reduce the concentration of pollutants to levels not exceeding the standards set forth in the table within a fixed period of time.

Parameter	Maximum Concentration (24 Hour Flow) Proportional Composite Sample (mg/l)	Maximum Instantaneous Concentration Grab Sample (mg/l)
Biochemical oxygen demand	*	-
Chemical oxygen demand	*	-
Suspended solids	*	-
Arsenic (As)	1.0	2.0
Cadmium (Cd)	1.0	2.0
Chromium Total (CR)	5.0	10.0
Chromium Hex (Cr+6)	0.05	0.10
Copper (Cu)	5.0	10.0
Cyanide (CN)	2.0	4.0
Lead (Pb)	1.5	3.0
Mercury (Hg)	0.1	0.2
Nickel (Ni)	5.0	10.0
Selenium (Se)	1.0	2.0
Silver (Ag)	1.0	2.0
Zinc (Zn)	5.0	10.0
Oil & Grease petroleum and/or mineral)	100.0	200.00

*Limited by design capacity.

(13)

Criteria to protect the treatment plant influent. The superintendent shall monitor the treatment works influent for each parameter of the following table. The industrial users shall be subject to the reporting and monitoring requirements set forth in section 18-504 and section 18-505 as to these parameters. In the event that the influent at the treatment works reaches or exceeds the levels established by said table, the superintendent shall initiate technical studies to determine the cause of the influent violation and shall recommend to the board such remedial measures as are necessary, including but not limited to recommending the establishment of new or revised pretreatment levels for these parameters. The superintendent shall also recommend changes to any of these criteria in the event the POTW effluent standards are changed, or in the event that there are changes in any applicable law or regulation affecting same, or in the event changes are needed for more effective operation of the POTW.

Parameter	Maximum Instantaneous Concentration (Grab Sample in mg/l)	Maximum Concentration (24-Hour Flow Proportional Composite Sample in mg/l)
Aluminum dissolved (AL)	15.00	30.00
Antimony (Sb)	0.50	1.0
Arsenic (As)	0.05	0.1
Barium (Ba)	2.50	5.0
Boron (B)	1.00	2.0
Cadmium (Cd)	0.01	0.02
Chromium—total (Cr)	1.50	3.0
Cobalt (Co)	5.00	10.0
Copper (Cu)	0.40	0.8
Cyanide (CN)	0.05	0.1
Fluoride (F)	10.00	20.0
Iron (Fe)	5.00	10.0
Lead (Pb)	0.10	0.2
Manganese (Mn)	0.50	1.0
Mercury (Hg)	0.015	0.03
Nickel (Ni)	0.50	1.0
Phenols	1.00	2.0
Selenium (Se)	0.005	0.01
Silver (Ag)	0.05	0.0
Titanium—Dissolved (Ti)	1.00	2.0
Zinc (Zn)	2.00	4.0
Total Kjeldahl Nitrogen (TKN)	45.00	90.0
Oil & Grease	25.00	50.0
MBAS	5.00	10.0
Total dissolved solids	1,875.00	3,750.0
BOD	*
COD	*
Suspended Solids	*

*Not to exceed the design capacity of treatment works.

(14)

Pretreatment requirements. Users of the POTW shall design, construct, operate and maintain wastewater pretreatment facilities whenever necessary to reduce or modify the user's wastewater constituency to achieve compliance with the limitations in wastewater strength set forth in subsection (12) of this section, to meet applicable national pretreatment standards, or to meet any other wastewater condition or limitation contained in the user's wastewater discharge permit.

(15)

Plans and specifications. Plans, specifications and operating procedures for such wastewater pretreatment facilities shall be prepared by a registered engineer, and shall be submitted to the superintendent for review in accordance with accepted engineering practices. The superintendent shall review said plans within forty-five (45) days and shall recommend to the users any appropriate changes. Prior to beginning construction of said pretreatment facility, the user shall submit a set of construction plans and specifications to be maintained by the superintendent. Prior to beginning construction the user shall also secure such building, plumbing or other permits that may be required by this code. The user shall construct said pretreatment facilities within the time provided in the user's wastewater discharge permit. Following completion of construction the user shall provide the superintendent with "as-built" drawings to be maintained by the superintendent.

(16)

Prevention of accidental discharges. All industrial users shall provide such facilities and institute such procedures as are reasonably necessary to prevent or minimize that potential for accidental discharge into the POTW of waste regulated by this chapter from liquid or raw material storage areas, from truck and rail car loading and unloading areas, from inplant transfer or processing and materials handling areas, and from diked areas or holding ponds of any waste regulated by this chapter. The wastewater discharge permit of any user who has a history of significant leaks, spills or other accidental discharge of waste regulated by this chapter shall be subject on a case-by-case basis to a special permit condition or requirement for the construction of facilities or establishment of procedures which will prevent or minimize the potential for such accidental procedures for such special permit conditions shall be developed by the user and submitted to the superintendent for review under the provisions of subsection (15) of this section.

[1977 Code, § 8-603]

Applicability. This section provides a method for nonresidential users subject to the limitation on wastewater strength parameters listed in section 18-502(12) to apply for and receive a temporary exception to the discharge level for one or more parameters.

Time of application. Applicants for a temporary exception shall apply for same at the time they are required to apply for a wastewater discharge permit or a renewal thereof. Provided, however, that the superintendent shall allow applications at any time unless the applicant shall have submitted the same or substantially similar application within the preceding year and the same shall have been denied by the board.

Written applications. All applications for an exception shall be in writing, and shall contain sufficient information for evaluation of each of the factors to be considered by the board pursuant to subsection (5) hereof.

Review by superintendent. All applications for an exception shall be reviewed by the superintendent. If the application does not contain sufficient information for complete evaluation, the superintendent shall notify the applicant of the deficiencies and request additional information. The applicant shall have thirty (30) days following notification by the superintendent to correct such deficiencies. This thirty-day period may be extended by the board upon application and for just cause shown. Upon receipt of a complete application the superintendent shall evaluate same within thirty (30) days and shall submit his recommendations to the board at its next regularly scheduled meeting.

Review by board. The board shall review and evaluate all applications for an exception and shall take into account the following factors:

The board shall consider whether or not the applicant is subject to a national pretreatment standard containing discharge limitations more stringent than those in section 18-502 and grant an exception only if such exception may be granted within limitations of applicable federal regulations;

The board shall consider whether or not the exception would apply to discharge of a substance classified as a toxic substance under regulations promulgated by the Environmental Protection Agency under the provisions of Section 307(a) of the Act (33 U.S.C. 1317), and then grant an exception only if such exception may be granted within the limitations of applicable federal regulations;

The board shall consider whether or not the granting of an exception would create conditions that would reduce the effectiveness of the treatment works, taking into consideration the concentration of said pollutant in the treatment works' influent and the design capability of the treatment works;

The board shall consider whether or not the granting of an exception might cause the treatment works to violate the limitations in its NPDES permit, taking into consideration the concentration of the pollutant and in the treatment works' influent and the demonstrated ability of the treatment works to consistently remove such pollutant;

The board shall consider whether or not the granting of an exception would cause elements or compounds to be present in the sludge of the treatment works which would prevent sludge use or disposal by the city or which would cause the city to violate any regulation promulgated by EPA under the provisions of Section 405 of the Act (33 U.S.C. 1345);

The board may consider the cost of pretreatment or other types of control techniques which would be necessary for the user to achieve effluent reduction, but prohibitive cost alone shall not be the basis for granting an exception;

The board may consider the age of equipment and industrial facilities involved to the extent that such factors affect the quality or quantity of wastewater discharge;

The board may consider the process employed by the user and process changes available which would affect the quality or quantity of wastewater discharge;

The board may consider the engineering aspects of various types of pretreatment or other control techniques available to the user to improve the quality or quantity of wastewater discharge;

The board may consider an application for an exception based upon the fact that water conservation measures instituted by the user or proposed by the user result in a higher concentration of particular pollutants in the wastewater discharge of the user without increasing the amount of mass of pollutants discharged. To be eligible for an exception under this provision, the applicant must show that except for water conservation measures, the applicant's discharge has been or would be in compliance with the limitations on wastewater strength set for in section 18-502(12). Provided, however, no such exception shall be granted if the increased concentration of pollutants in the applicant's wastewater would have a significant adverse impact upon the operation of the POTW.

Good management practices required. The board shall not grant an exception unless the applicant shall demonstrate to the board that he is utilizing good management practices (GMP) to prevent or reduce his contribution of pollutants to the POTW. GMP's include but are not limited to preventative operating and maintenance procedures, schedule of activities, process changes, prohibiting of activities, and other management practices to reduce the quality or quantity of effluent discharged and to control plant site runoff, spillage, leaks, and drainage from raw material storage.

Exception may be granted following review. The board shall review the application for an exception at the first regularly scheduled meeting following recommendation of the superintendent. It may grant the application for exception with such conditions or limitations as may have been recommended by the superintendent without a hearing provided that no person, including the applicant, shall object thereto, and provided further that the board finds that the granting of the exception with such conditions as have been recommended by the superintendent will be in compliance with the provisions of this chapter.

§ 18-504 Wastewater discharge permit, discharge reports and administration.

Hearing. In the event that the applicant objects to recommendations of the superintendent concerning conditions to be imposed upon the applicant, the board desires a hearing to further investigate the matter, or any interested party granted permission by the board to intervene objects to the granting of the exception, then in such event the board shall schedule a hearing within ninety (90) days following presentation of the matter by the superintendent to resolve such matters. At such hearing, the applicant, the superintendent, and any intervening party shall have the right to present relevant proof by oral or documentary evidence. The procedure set forth in section 18-510 hereof shall be applicable to such a hearing. The applicant shall bear the burden of proof in such hearing.

[1977 Code, § 8-604]

Applicability. The provisions of this section are applicable to all industrial users of the POTW.

Application and permit requirements for industrial users. All industrial users of the POTW prior to discharging nondomestic waste into the POTW shall apply for an obtain a wastewater discharge permit in the manner hereinafter set forth. All original applications shall be accompanied by a report containing the information specified in subsection (3) hereof. All original applications shall also include a site plan, floor plan, mechanical and plumbing plans with sufficient detail to show all sewers and appurtenances in the user's premises by size, location and elevation; and the user shall submit to the superintendent revised plans whenever alterations or additions to the user's premises affect said plans. Any currently connected user discharging waste other than domestic waste who has not heretofore filed such a report shall file same with the superintendent prior to February 21, 1979.

Report requirements. The report required by subsection (2) above or other provisions of this chapter for all industrial users shall contain in units and terms appropriate for evaluation the information listed in (a) through (e) below. Industrial users subject to national pretreatment standards shall submit to the superintendent a report which contains the information listed in (a) through (g) below within one hundred and eighty (180) days after the promulgation by the Environmental Protection Agency of a national pretreatment standard under Section 307 (b) or (c) (33 U.S.C. 1317 (b) or (c)) of the Act or by February 21, 1979, where such national pretreatment standards have been promulgated prior to the effective date of this chapter; provided, that industrial users subject to the requirements of 40 C.F.R. Section 403.12 may file with the superintendent a copy of a report submitted to the control authority, as defined in said section, in lieu of the report herein provided. Industrial users who are unable to achieve a discharge limit set forth in section 18-502 hereof without improved operation and maintenance procedures or pretreatment shall submit a report which contains the information listed in (a) through (g) below. As specified hereinabove, the report shall contain all or applicable portions of the following.

The name and address of the industrial user;

The location of such industrial user;

The nature, average rate of production and standard industrial classification of the operation(s) carried out by such industrial user;

The average and maximum flow of the discharge from such industrial user to the POTW, in gallons per day;

The nature and concentration of pollutants in the discharge from each regulated process from such industrial user and identification of any applicable pretreatment standards and requirements. The concentration shall be reported as a maximum or average level as provided for in the applicable pretreatment standard. If an equivalent concentration limit has been calculated in accordance with any pretreatment standard, this adjusted concentration limit shall also be submitted to the superintendent for approval;

A statement reviewed by an authorized representative of the industrial user and identification of any applicable pretreatment standards and requirements. The concentration shall be reported as a maximum or average level as provided for in the applicable pretreatment standard. If an equivalent concentration limit has been calculated in accordance with any pretreatment standard, this adjusted concentration limit shall also be submitted to the superintendent for approval;

If additional pretreatment or operation and maintenance procedure will be required to meet the Pretreatment Standards, then the report shall contain the shortest schedule by which the industrial user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.

For the purpose of this subsection, when the context so indicates, the phrase "pretreatment standard" shall include either a national pretreatment standard or a pretreatment standard imposed as a result of the user's discharging any incompatible pollutant regulated by section 18-502 hereof. For purposes of this paragraph the term "pollutant" shall include any pollutant identified in a national pretreatment standard or any incompatible pollutant identified in section 18-502 hereof.

Incomplete applications. The superintendent will act only on applications that are accompanied by a report which contains all the information required in subsection (3) above. Persons who have filed incomplete applications will be notified by the superintendent that the application is deficient and the nature of such deficiency and will be given thirty (30) days to correct the deficiency. If the deficiency is not corrected within thirty (30) days or within such extended period as allowed by the superintendent, the superintendent shall submit the application for a permit to the board with a recommendation that it be denied and notify the applicant in writing of such action.

Evaluation of applications. Upon receipt of complete applications, the superintendent shall review and evaluate the applications and shall propose such special permit conditions as he deems advisable. All wastewater discharge permits shall be expressly subject to all the provisions of this chapter and all other applicable ordinances, laws and regulations. The superintendent may also propose that the wastewater discharge permit be subject to one or more special conditions in regard to any of the following.

Pretreatment requirements;

The average and maximum wastewater constituents and characteristics;

Limits on rate and time of discharge or requirements for flow regulations and equalization;

Requirements for installation of inspection and sampling facilities;

Specifications for monitoring programs which may include sampling locations, frequency and method of sampling, number, types and standards for tests and reporting schedule;

Requirements for submission of technical reports or discharge reports;

Requirements for maintaining records relating to wastewater discharge;

Mean and maximum mass emission rates, or other appropriate limits when incompatible pollutants (as set forth in section 18-502) are proposed or present in the user's wastewater discharge;

Other conditions as deemed appropriate by the superintendent to insure compliance with this chapter or other applicable ordinance, law or regulation;

A reasonable compliance schedule, not to extend beyond July 1, 1983, or such earlier date as may be required by other applicable law or regulation, whichever is sooner, to ensure the industrial user's compliance with pretreatment requirements or improved methods of operation and maintenance;

(k)

Requirements for the installation of facilities to prevent and control accidental discharge or spills at the user's premises;

(l)

The unit charge or schedule of charges and fees for the wastewater to be discharged to a community sewer.

Applicant to be notified of proposed permit conditions; right to object.

Upon completion of his evaluation, the superintendent shall notify the applicant of any special permit conditions which he proposed to be included in the wastewater discharge permit;

The applicant shall have forty-five (45) days from and after the date of the superintendent's recommendations for special permit conditions to review same and file written objections with the superintendent in regard to any special permit condition recommended by the superintendent. The superintendent may, but shall not be required to, schedule a meeting with applicant's authorized representative within fifteen (15) days following receipt of the applicant's objections, and attempt to resolve disputed issues concerning special permit conditions;

If applicant files no objection to special permit conditions proposed by the superintendent, or a subsequent agreement is reached concerning same, the superintendent shall issue a wastewater discharge permit to applicant with such special conditions incorporated therein. Otherwise, the superintendent shall submit the disputed matters to the board for resolution as hereinafter provided.

Board to establish permit conditions; hearing.

In the event the superintendent cannot issue a wastewater discharge permit pursuant to subsection (6) above, the superintendent shall submit to the board his proposed permit conditions and the applicant's written objections thereto at the next regularly scheduled meeting of the board;

The board shall schedule a hearing within ninety (90) days following the meeting referred to hereinabove unless such time be extended for just cause shown to resolve any disputed matters relevant to such permit;

The superintendent shall notify the applicant of the date, time, place and purpose of the hearing scheduled by the board. The applicant shall have the right to participate in such hearing and present any relevant evidence to the board concerning proposed special permit conditions or other matters being considered by the board;

Following such hearing or such additional hearings as shall be deemed necessary and advisable by the board, the board shall establish such special permit conditions as it deems advisable to insure the applicant's compliance with this chapter or other applicable law or regulation and direct the superintendent to issue a wastewater discharge permit to the applicant accordingly.

Compliance schedule and reporting requirements. The following conditions shall apply to the schedule required by subsection (3), (5) or (7) of this section:

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 requirements 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 increment referred to in (8)(a) above shall exceed nine (9) months.

Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the control authority and the superintendent 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 the delay, and steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine (9) months elapse between such progress reports to the control authority and the superintendent.

Within ninety (90) days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any industrial user subject to pretreatment standards and requirements shall submit to the control authority and the superintendent a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the industrial user which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance procedure or pretreatment is necessary to bring the industrial user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user, as defined in section 18-501 of this chapter, and certified to by a qualified professional.

Any industrial user subject to a pretreatment standard, after the compliance date of such pretreatment standard or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the control authority and the superintendent during the months of June and December, unless required more frequently in the pretreatment standard or by the control authority and the superintendent, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards.

In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in subsection (3)(d) of this section. At the discretion of the control authority or the superintendent, as applicable, and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the control authority or the superintendent, as applicable may agree to alter the months during which the above reports are to be submitted. The control authority or the superintendent, as applicable, 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 are appropriate. In such cases, the report required by this paragraph shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the industrial user.

The industrial user shall notify the POTW immediately by telephone of any slug loading, as defined by section 18-502(2)(d), by the industrial user.

The reports required in this section shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass limits where requested by the control authority or the superintendent, as applicable, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analyses shall be performed in accordance with procedures established by the Environmental Protection Agency under the provisions of Section 304 (h) of the Act (33 U.S.C. 1314(h)) and contained in 40 C.F.R. Part 136 and amendments thereto or with any other test procedures approved by the Environmental Protection Agency or the superintendent. Sampling shall be performed in accordance with the techniques approved by the Environmental Protection Agency or the superintendent.

Any industrial user required by this paragraph to submit a similar report to the control authority under the provisions of 40 C.F.R. 403.12, may submit to the superintendent a copy of said report in lieu of a separate report to the superintendent, provided that all information required by this chapter is included in the report to the control authority.

Maintenance of records. Any industrial user subject to the reporting requirements established in this section shall maintain records of all information resulting from any monitoring activities required by this section. Such records shall include for all samples.

The date, exact place, method and time of sampling and the names of the persons taking the samples;

The dates analyses were performed;

Who performed the analyses;

The analytical techniques/methods used; and

The results of such analyses.

Retention of records. Any industrial user subject to the reporting requirements established in this section shall be required to retain for a minimum of three (3) years any records of monitoring activities and results (whether or not such monitoring activities are required by this section) and shall make such records available for inspection and copying by the superintendent, the director of the division of water quality control, Tennessee Department of Public Health, or the Environmental Protection Agency. This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user or when requested by the superintendent, the director, or the Environmental Protection Agency.

(11)

Duration of permits. Wastewater discharge permits shall be issued for a period of three (3) years. Provided that original permits may be issued for a period between two (2) and three (3) years for the administrative convenience of the superintendent so as to stagger the renewal dates of the permits. Provided further that permits issued to users granted an exception pursuant to section 18-503 shall be issued for a period of one year. Notwithstanding the foregoing, users becoming subject to a national pretreatment standard shall apply for new permits on the effective date of such national pretreatment standards. The superintendent shall notify in writing any user whom he has cause to believe is subject to a national pretreatment standard of the promulgation of such federal regulations, but any failure of the superintendent in this regard shall not relieve the user of the duty of complying with such national pretreatment standards. A user must apply in writing for a renewal permit within the period of time not more than ninety (90) days and not less than thirty (30) days prior to expiration of the current permit. Provided further that limitations or conditions of a permit are subject to modification or change as such changes may become necessary due to changes in applicable water quality standards, changes in the city's NPDES permit, changes in section 18-502(12), changes in other applicable laws or regulations, or for other just causes. Users shall be notified of any proposed changes in their permit by the superintendent at least thirty (30) days prior to the effective date of the change. Any change or new condition in a permit shall include a provision for a reasonable time scheduled for compliance. The user may appeal the decision of the superintendent in regard to any changed permit conditions as otherwise provided in this chapter.

(12)

Transfer of a permit. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user or for different premises, unless approved by the superintendent.

(13)

Revocation of permit. Any permit issued under the provisions of this chapter is subject to be modified, suspended or revoked in whole or in part during its term for cause including but not limited to, the following:

Violation of any terms or conditions of the wastewater discharge permit or other applicable law or regulation;

Obtaining of a permit by misrepresentation or failure to disclose fully all relevant facts; or

§ 18-505 Inspections, monitoring and entry.

A change in any condition that requires either temporary or permanent reduction or elimination of the permitted discharge.

[1977 Code, § 8-605]

Procedures to be established by superintendent. Whenever required to carry out the objective of this chapter, including but not limited to developing or assisting in the development of any effluent limitation or other limitations, prohibition or effluent standards, pretreatment standard, standard of performance, or permit condition under this chapter; determining whether any person is in violation of any such effluent limitation or other limitation, prohibition or effluent standard, pretreatment standard, standard of performance or permit condition; any requirement established under this section:

The superintendent shall require any nondomestic user to establish and maintain records; make such reports; install, use and maintain such monitoring equipment or methods (including, where appropriate, biological monitoring methods); sample such effluents (in accordance with such methods, at such locations, at such intervals, and in such manner as the superintendent shall prescribe); and provide such other information as he may reasonably require; and

The superintendent or his authorized representative, upon presentation of his credentials shall have a right of entry to, upon or through any premises in which an effluent source is located or in which any records required to be maintained under clause (a) of this subsection are located; and may at reasonable times have access to and copy any records, inspect any monitoring equipment or method required under clause (a), and sample any effluents which the owner or operator of such source is required to sample under such clause.

Access to records. Any records, reports or information obtained under this section shall, in the case of effluent data, be related to any applicable effluent limitations, toxic, pretreatment or permit condition, and shall be available to the public, except that upon a showing satisfactory to the superintendent by any person that records, reports or information, or a particular part thereof (other than effluent data), to which the superintendent has access under this section, if made public would divulge methods or processes entitled to protection as trade secrets of such person, the superintendent shall consider such record, report or information, or a particular portion thereof confidential in accordance with the purposes of this chapter, except that such record, report of information may be disclosed to officers, employees or authorized representatives of the State of Tennessee or the United States concerned with carrying out the provisions of the Clean Water Act or when relevant in any proceeding under this chapter or other applicable laws.

Specific testing procedures to be prescribed. Specific requirements under the provisions of subsection (1)(a) of this section shall be established by the superintendent or the board, as applicable, for each industrial user, and such requirements shall be included as a condition of the user's wastewater discharge permit. The nature or degree of any requirement under this provision shall depend upon the nature of the user's discharge, the volume of water discharged and the technical feasibility of an economic reasonableness of any such requirement imposed. The user shall be required to design any necessary facility and to submit detailed design plans and operating procedures to the superintendent for review in accordance with accepted engineering practices. The superintendent shall review said plans within forty-five (45) days and shall recommend to the user any change he deems appropriate.

Start of construction, procedures. Upon approval of plans as specified in subsection (3), the user shall secure such building, electrical, plumbing or other permits as may be required by this Code and proceed to construct any necessary facility and establish such operating procedures as are required within the time provided in the user's wastewater discharge permit.

Enforcement of right of entry. In the event any user denies the superintendent or his authorized representative the right of entry to or upon the user's premises for purposes of inspection, sampling effluents or inspecting and copying records, or performing such other duties as shall be imposed upon him by this section, the superintendent shall seek a warrant or use such other legal procedures as shall be advisable and reasonably necessary to discharge his duties under this section.

§ 18-506 Dangerous discharge notification requirements.

User's failure to discharge duty deemed a violation of permit. Any user failing or refusing to discharge any duty imposed upon him under the provisions of this section, or who denies the superintendent the right to enter upon the user's premises for purposes of inspection, sampling effluents, inspecting and copying records, or such other duties as may be imposed upon him by this section, shall be deemed to have violated the conditions of his wastewater discharge permit, and such permit shall be subject to modification, suspension, or revocation under the procedures established in this chapter.

[1977 Code, § 8-606]

Telephone notification. Any person causing or suffering any discharge, whether accidental or not, which presents or may present an imminent or substantial endangerment to the health and welfare of persons or to the environment, or which is likely to cause interference with the POTW, shall notify the superintendent immediately by telephone. In the absence of the superintendent, notification shall be given to the city employee then in charge of the treatment works.

Written report. Within five (5) days following such occurrence, the user shall provide the superintendent with a detailed written report describing the cause of the dangerous discharge and measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this chapter or other applicable law.

Notice to employees. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.

§ 18-507 Enforcement and abatement.

[1977 Code, § 8-607]

Unauthorized discharge a public nuisance. Discharge of wastewater in any manner in violation of this chapter or of any condition of a wastewater discharge permit is hereby declared a public nuisance and shall be corrected or abated as provided herein.

Superintendent to notify user of violation. Whenever the superintendent determines or has reasonable cause to believe that a discharge of wastewater has occurred in violation of the provisions of this chapter, the user's wastewater discharge permit or any other applicable law or regulation, he shall notify the user of such violation. Failure of the superintendent to provide notice to the user shall not in any way relieve the user from any consequences of a wrongful or illegal discharge.

Conciliation meetings. The superintendent may, but shall not be required to, invite representatives of the user to a conciliation meeting to discuss the violation and methods of correcting the cause of the violation. Such additional meetings as the superintendent and the user deems advisable may be held to resolve the problem. If the user and the superintendent can agree to appropriate remedial and preventative measures, they shall commit such agreement to writing with provisions for a reasonable compliance schedule, and the same shall be incorporated as a supplemental condition of the user's wastewater discharge permit. If an agreement is not reached through the conciliation process within sixty (60) days, the superintendent shall institute such other actions as he deems advisable to ensure the user's compliance with the provisions of this chapter or other laws or regulations.

Show cause hearing. The superintendent may issue a show cause notice to the user directing the user to appear before the wastewater regulations board at a specified date and time to show cause why the user's wastewater discharge permit should not be modified, suspended or revoked for causing or suffering violation of this chapter or other applicable laws or regulations, or conditions in the wastewater discharge permit of the user. If the superintendent seeks to modify the user's wastewater discharge permit to establish wastewater strength limitations or other control techniques to prevent future violation, he shall notify the user of the general nature of the recommendations he shall make to the board. If the superintendent seeks to suspend or revoke the user's wastewater discharge permit, he shall notify the user of the nature of the violation for which revocation or suspension is sought with sufficient specificity as to the character of the violation and the dates at which such violation occurred to enable the user to prepare his defense. Such notice shall be mailed to the user by certified mail, return receipt requested, or shall be personally delivered to the user at least twenty (20) days prior to the scheduled hearing date.

Citation to city court. The superintendent may cite the user to Collegedale City Court for violation of any provision of this chapter or other ordinance. A violation of any condition of the user's wastewater discharge permit shall be deemed to be a violation of this chapter.

Injunctive relief. Upon resolution of the board of commissioners approving same the superintendent shall in the name of the City of Collegedale file in Circuit or Chancery Court of Hamilton County, Tennessee, or such other courts as may have jurisdiction, a suit seeking the issuance of an injunction, damages or other appropriate relief to enforce the provisions of this chapter or other applicable law or regulation. Suit may be brought to recover any and all damages suffered by the city as a result of any action or inaction of any user or other person who causes or suffers damage to occur to the POTW or for any other expense, loss or damage of any kind or nature suffered by the city.

Assessment of damages to users. When a discharge of waste causes an obstruction, damage or any other impairment to the facilities, or any expense of whatever character or nature of the city, the superintendent shall assess the expenses incurred by the city to clear the obstruction, repair damage to the facility, and any other expenses or damages incurred by the city. The superintendent shall file a claim with the user or any other person causing or suffering said damages to occur, seeking reimbursement for any and all expenses or damages suffered by the city. If the claim is ignored or denied, the superintendent shall notify the city attorney to take such measures as shall be appropriate to recover any expense or other damages suffered by the city.

Superintendent may petition for federal or state enforcement. In addition to other remedies for enforcement provided herein, the superintendent may petition the State of Tennessee or the Environmental Protection Agency, as appropriate, to exercise such methods or remedies as shall be available to such government entities to seek criminal or civil penalties, injunctive relief, or such other remedies as may be provided by applicable federal or state laws to ensure compliance by industrial users of applicable pretreatment standards, to prevent the introduction of toxic pollutants or other regulated pollutants into the POTW, or to prevent such other water pollution as may be regulated by state or federal law.

Emergency termination of service. In the event of an actual or threatened discharge to the POTW of any pollutant which in the opinion of the superintendent presents or may present an imminent and substantial endangerment to the health or welfare of persons or cause interference with the POTW, the superintendent or in his absence the person then in charge of the treatment works shall immediately notify the mayor of the nature of the emergency. The superintendent shall also attempt to notify the industrial user or other person causing the emergency and request their assistance in abating same. Following consultation with the aforementioned official of the city, or in his absence, such elected officials of the city as may be available, the superintendent shall temporarily terminate the service of such user or users as is necessary to abate the condition when such action appears reasonably necessary. Such service shall be restored by the superintendent as soon as the emergency situation has been abated or corrected.

Notice to board. The superintendent shall report to the board his intent to institute any action under the provisions of subsection (5), (6) and (8) hereof and seek the advise of the board in regard thereto, unless he shall determine that immediate action is advisable.

§ 18-508 Wastewater regulations board.

[1977 Code, § 8-608]

Established. There is hereby established a board of five (5) members to be known as the wastewater regulations board.

Composition; terms; filling vacancies. The five (5) members of this board shall be appointed by the mayor, subject to the approval of the board of commissioners. The mayor shall appoint one member each with the following qualifications: one environmental engineer or environmental scientist, one attorney, one person employed in an industrial or commercial establishment regulated by this chapter, and one person who is experienced in the science or practice of finance. The remaining member shall be an officer, agent or employee of the city. The initial members of this board shall be appointed for terms as follows: one member for a term of one year, two (2) members for a term of two (2) years, and two (2) members for a term of three (3) years. Thereafter, all members shall be appointed for a term of five (5) years. All members shall serve until their successor is appointed, and all members shall serve at the pleasure of the board of commissioners. In the event of a vacancy, the mayor shall appoint a member to fill the unexpired term. The board shall organize and select its own chairman, vice-chairman and secretary, who shall serve in said offices for terms of one year. The members shall serve without compensation, but shall receive their actual expenses incurred in attending meetings of the board and the performance of any duties as members of the board.

General duties of the board. In addition to any other duty or responsibility otherwise conferred upon the board by this chapter, the board shall have the duty and power as follows:

To recommend from time to time to the board of commissioners that it amend or modify the provisions of this chapter;

To grant exceptions pursuant to the provisions of section 18-503 hereof, and to determine such issues of law and fact as are necessary to perform this duty;

To hold hearings upon appeals from orders or actions of the superintendent as may be provided under any provision of this chapter;

To hold hearings relating to the suspension, revocation or modification of a wastewater discharge permit as is provided in this chapter and issue appropriate orders relating thereto;

To hold such other hearings relating to any aspect or matter in the administration of this chapter and to make such determinations and issue such orders as may be necessary to effectuate the purposes of this chapter;

To request assistance from any officer, agent or employee of the city or the Chattanooga-Hamilton County Regional Planning Commissioner to obtain such information or other assistance as the board might need;

The board acting through its chairman, shall have the power to issue subpoenas requiring attendance and testimony of witnesses and the production of documentary evidence relevant to any matter properly heard by the board;

The chairman, vice-chairman or chairman pro tem shall be authorized to administer oaths to those persons giving testimony before the board;

The board shall hold regular meetings, normally once per calendar month, and such special meetings as the board may find necessary;

Four (4) members of the board shall constitute a quorum, but a lesser number may adjourn the meeting from day to day.

§ 18-509 Superintendent.

[1977 Code, § 8-609]

Superintendent and staff. The superintendent and his staff shall be responsible for the administration of all sections of this chapter. Administratively, he shall report to the mayor and the commissioners.

Authority of superintendent. The superintendent shall have the authority to enforce all sections of this chapter. He shall be responsible for and have the authority to operate the various treatment works. He shall be responsible for the preparation of operating budgets and recommendations to the mayor concerning activities within his responsibility and authority.

Records. The superintendent shall keep in his office all applications required under this chapter and a complete record thereof, including a record of all wastewater discharge permits. He shall also maintain the minutes and other records of the wastewater regulations board.

Superintendent to assist board. The superintendent shall attend all meetings of the wastewater regulations board, or whenever it is necessary for him to be absent he shall send a designated representative, and shall make such reports to and assist said board in the administration of this chapter.

Notice to users of standards. The superintendent shall notify industrial users identified in 40 C.F.R. 403.8(f) (2) (i) of any applicable pretreatment standards or other applicable requirements promulgated by the Environmental Protection Agency under the provisions of Section 204(b) of the Act (33 U.S.C. 1284), Section 405 of the Act (33 U.S.C. 1345), or under the provisions of Sections 3001 (42 U.S.C. 6921), 3004 (42 U.S.C. 6924) or 4004 (42 U.S.C. 6944) of the Solid Waste Disposal Act. Failure of the superintendent to so notify industrial users shall not relieve said users from the responsibility of complying with said requirements.

§ 18-510 Wastewater regulations board hearing procedure; judicial review.

Public participation. The superintendent shall comply with all applicable public participation requirements of Section 101(e) of the Act (33 U.S.C. 1251(e)) and 40 C.F.R. Part 105 in the enforcement of national pretreatment standards. The superintendent shall at least annually provide public notification, in the largest daily newspaper published in Chattanooga, of industrial users during the previous twelve (12) months which at least once were not in compliance with the applicable pretreatment standards or other pretreatment requirements. The notification shall summarize enforcement actions taken by the control authorities during the same twelve (12) months. An industrial user shall be deemed to be in compliance with applicable pretreatment standards or other pretreatment requirements if he has completed applicable increments of progress under the provisions of any compliance schedule in the user's wastewater discharge permit or if the user has been granted an exception under the provisions of section 18-503.

[1977 Code, § 8-610]

When to be held. The wastewater regulations board shall schedule an adjudicatory hearing to resolve disputed questions of fact and law whenever provided by any provision of this chapter.

Record of hearing. At any such hearing, all testimony presented shall be under oath or upon solemn affirmation in lieu of oath. The board shall make a record of such hearing, but the same need not be a verbatim record. Any party coming before the board shall have the right to have said hearing recorded stenographically, but in such event the record need not be transcribed unless any party seeks judicial review of the order or action of the board by common law writ of certiorari, and in such event the parties seeking such judicial review shall pay for the transcription and provide the board with the original of the transcript so that it may be certified to the court.

Subpoenas. The chairman may issue subpoenas requiring attendance and testimony of witnesses or the production of evidence, or both. A request for issuance of a subpoena shall be made by lodging with the chairman at least ten (10) days prior to the scheduled hearing date a written request for a subpoena setting forth the name and address of the party to be subpoenaed and identifying any evidence to be produced. Upon endorsement of a subpoena by the chairman, the same shall be delivered to the chief of police for service by any police officer of the city, if the witness resides within the city. If the witness does not reside in the city, the chairman shall issue a written request that the witness attend the hearing.

Depositions. Upon agreement of all parties, the testimony of any person may be taken by deposition or written interrogatories. Unless otherwise agreed, the deposition shall be taken in a manner consistent with Rules 26 through 33 of the Tennessee Rules of Civil Procedure, with the chairman to rule on such matters as would require a ruling by the court under said rules.

Hearing procedure. The party at such hearing bearing the affirmative burden of proof shall first call his witnesses, to be followed by witnesses called by other parties, to be followed by any witnesses which the board may desire to call. Rebuttal witnesses shall be called in the same order. The chairman shall rule on any evidentiary questions arising during such hearing and shall make such other rulings as may be necessary or advisable to facilitate any orderly hearing subject to approval of the board. The board, the superintendent, or his representative, and all parties shall have the right to examine any witness. The board shall not be bound by or limited to rules of evidence applicable to legal proceedings.

Appeal to board of superintendent's orders. Any person aggrieved by any order or determination of the superintendent may appeal said order or determination to the board and have said order or determination reviewed by the board under the provisions of this section. A written notice of appeal shall be filed with the superintendent and with the chairman, and said notice shall set forth with particularity the action or inaction the superintendent complained of and the relief sought by the person filing said appeal. A special meeting of the board may be called by the chairman upon the filing of such appeal, and the board may in its discretion suspend the operation of the order or determination of the superintendent appealed from until such time as the board has acted upon the appeal. Provided, however, that actions and determinations of the superintendent under the provisions of section 18-507(5) through (9) inclusive shall not be subject to review under this section.

Absence of chairman. The vice-chairman or the chairman pro tem shall possess all the authority delegated to the chairman by this section when acting in his absence or in his stead.

§ 18-511 Industrial users sewer surcharge.

Review of board's decision. Any person aggrieved by any final order of determination of the board hereunder shall have judicial review by common law writ of certiorari.

[1977 Code, § 8-611]

Levy of industrial user surcharge. There shall be and is hereby levied upon industrial users which discharge wastewater in concentrations in excess of normal wastewater a surcharge as set forth in this section.

DISCHARGE MONITORING REPORT

Definitions. For the purpose of this section, the following words and phrases shall have the meanings assigned below, except in those instances where content clearly indicates a different meaning.

A report submitted by an industrial user to the superintendent pursuant to Section 18-504 or other applicable provisions of this chapter containing information relating to the nature and concentration of pollutants and flow characteristics of the discharge from the industrial user to the POTW.

NORMAL WASTEWATER

Effluent which contains constituents and characteristics similar to effluent from a domestic premise and, specifically for the purposes of this section, does not contain BOD, COD or suspended solids in concentrations in excess of the following:

BOD—Three hundred (300) milligrams per liter.

COD—Six hundred (600) milligrams per liter.

Suspended solids—Four hundred (400) milligrams per liter.

Charge formula. This industrial user surcharge is based upon an estimate of the increased operation and maintenance cost and other increased expenses incurred in the handling of such wastewater as determined by the following formula:

Cs = ((Bc x B) + (Sc x S) + (Dc x D) + (Pc x P)) Vu x 8.34

WHERE:

CS = Surcharge for wastewaters exceeding the strength of normal wastewater expressed in dollars per billing period.

BC = Operation and maintenance (O & M) cost for treatment of a unit of BOD₅ from a user above the base level of 300 mg/l expressed in mg/l.

Sc = Operation and maintenance (O & M) cost for treatment of a unit of suspended solids expressed in dollars per pound.

S = Concentration of suspended solids from a user above the base level of 400 mg/l, expressed in mg/l.

D = Concentration of COD from a user above the base level 600 mg/l, expressed in mg/l.

Dc = Operation and maintenance (O & M) cost for treatment of a unit of COD expressed in dollars per pound.

Pc = Operation and maintenance (O & M) cost for treatment of a unit of any pollutant which the city is committed to treat by virtue of its NPDES permit or other regulatory requirement expressed in dollars per pound.

P = Concentration of any pollutant from a user above the base level. Base levels for pollutants subject to surcharges as may be hereafter established by the city expressed in mg/l.

Vu = Volume contribution of a user per billing period. Expressed in million gallons.

8.34 = Conversion factor to make units cancel. Expressed as (pounds/million gallons) / mg/l.

Rates. Based upon the current estimated cost of treating wastewater containing constituents with concentrations in excess of normal wastewater, numerical rates are hereby established for Bc, Sc and Dc as follows:

Bc = $0.0105124 per pound of BOD for concentrations in excess of 300 milligrams per liter.

Sc = $0.0143145 per pound of suspended solids for concentrations in excess of 40 milligrams per liter.

Dc = $0.0066148 per pound of COD for concentrations in excess of 600 milligrams per liter.

Billing. The superintendent shall notify and in conjunction with a normal bill charge each industrial user within sixty (60) days following the semiannual periods ending on December 31 and June 30, and said surcharges shall be payable no later than April 1 and October 1 respectively.

Data concerning concentration. The concentrations of any pollutant of an industrial user and the volume contribution of that user shall be calculated from discharge monitoring reports submitted by the industrial user subject to verification by inspection and monitoring and undertaken by the superintendent pursuant to section 18-505, from records maintained by the industrial user pursuant to section 18-504, and from reliable information obtained from any other source.

User charge studies. The superintendent shall, based upon a documented study, recommend to the board of commissioners no less frequently than biannually an equitable rate structure for purposes of establishing a basic user charge computed on the basis of normal wastewater and a surcharge for industrial users which discharge effluent in concentrations in excess of normal wastewater. The superintendent shall consider in his report the amount of revenue needed for the purposes specified in section 18-501, consistent with all applicable Federal and State laws and regulations. Said recommendation shall be based upon the premise that each user (or user class) pays his proportionate share of the operation and maintenance (including replacement) costs of the treatment works, based upon the user's proportionate contribution to the total wastewater loading from all users (or user classes). The superintendent shall also recommend as warranted that surcharges be placed upon specific wastewater constituents, including a surcharge for all users which discharge any toxic pollutant which causes an increase in the cost of managing the effluent or the sludge of the city's treatment works, so as to recover such increased costs. In making his recommendation relative to changes in user charges or surcharges, the superintendent may recommend that any excess revenues or any deficiency in revenues collected from a class of users in the preceding period be applied to the operation and maintenance cost attributed to that class for the next period and that the rate for that class of users be adjusted accordingly.

§ 18-512 Industrial cost recovery charge.

Appeal. An industrial user may contest the accuracy of a user sewer surcharge bill by paying said bill under protest and within thirty (30) days following the date of the bill lodging with the superintendent a notice of appeal to the wastewater regulation board. No particular form of notice of appeal is required, but it shall set forth with particularity the nature of any errors alleged committed in the computation of said bill. Unless the superintendent shall agree to correct any error or enter into a reasonable compromise concerning same, he shall notify the board at its next regularly scheduled meeting of the pendency of an appeal. The board shall, upon notice to the industrial users, schedule a hearing to receive evidence relating to the matters and shall render such determinations and issue such orders as the law and facts of the case may require.

[1977 Code, § 8-612]

Purpose. There shall be and is hereby levied upon each industrial user of the city's treatment works an industrial cost recovery charge as set forth in this section. The amount of the charge for an individual industrial user is to be calculated to insure that each industrial user pays an annual amount equal to its share of the total amount of Environmental Protection Agency Step l, Step 2 and Step 3 grants, including any grant amendments awarded under the provisions of applicable federal regulations relating to same, divided by the number of years in a recovery period. Each industrial user's share shall be based on factors which significantly influence the cost of the treatment works. The volume of flow shall be a factor in determining the industrial user's share; other factors shall include strength, volume and delivery flow characteristics to insure that all industrial users of the treatment works pay a proportionate distribution of the grant assistance allocable to industrial use.

Definitions. For the purpose of this section, the following words and phrases shall have the meanings assigned below, except in those instances where content clearly indicates a different meaning:

COMBINED SEWER

A sewer intended to serve as a sanitary sewer and a storm sewer or as an industrial sewer and a storm sewer.

DISCHARGE MONITORING REPORTS

A report submitted by an industrial user to the superintendent pursuant to section 18-504 or other applicable provisions of this chapter containing information relating to the nature and concentration of pollutants and flow characteristics of the discharge from the industrial user to the POTW.

INDUSTRIAL USER

Any nongovernmental, nonresidential user of the city's publicly owned treatment works which discharges more than the equivalent of twenty-five thousand (25,000) gallons per day (gpd) of sanitary wastes and which is identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented, under one of the following divisions:

Division A—Agriculture, forestry and fishing.

Division B—Mining.

Division D—Manufacturing.

Division E—Transportation, communications, electric, gas and sanitary services.

Division I—Services; or

(ii)

Any nongovernmental user of the city's publicly owned treatment works which discharges wastewater to the treatment works which contains toxic pollutants or poisonous solids, liquids or gases in sufficient quantity either singly or by interaction with other waste to contaminate the sludge of the system or to injure or to interfere with any sewage treatment process, or which constitutes a hazard to humans or animals, creates a public nuisance or creates any hazard in or has an adverse effect on the waters receiving any discharge from the treatment works.

(iii)

Provided, however, that for the purpose of determining the amount of a user's discharge for purposes of industrial cost recovery, the amount of the user's discharge from sanitary conveniences and other domestic waste will be excluded. Provided further, that after applying the aforementioned sanitary waste exclusion, discharges in Divisions A through I that have a volume exceeding twenty-five thousand (25,000) gpd of sanitary waste are considered industrial users. Sanitary wastes, for the purpose of the calculation of equivalency, are deemed to be wastes equivalent to wastes discharged from industrial users. The strength of residential discharges in terms of the parameters including COD are as set forth for normal wastewater as defined in section 18-511(2).

INFILTRATION

Water other than wastewater that enters a sewerage system (including sewer service connections) from sources such as roof leaders, cellar drains, yard drains, area drains, foundations drains, drains from springs and swampy areas, manhole covers, cross-connections between storm sewers and sanitary sewers, catch basins, cooling towers, storms waters, surface run-off, street wash waters or drainage. Inflow does not include, and is distinguished from, infiltration.

STEP 1, STEP 2, AND STEP 3 GRANTS

Grant monies received by the city from the Environmental Protection Agency under the authority of the Clean Water Act to assist in the construction of the city's treatment works. The construction of federally financed waste treatment works is generally accomplished in three steps. Step l, facility plans and related elements; step 2, preparation of construction drawings and specifications; and step 3, building of a treatment works.

USEFUL LIFE

Estimated period during which a treatment works will be operated. For purposes of this section, this period shall be thirty (30) years.

Basis of industrial cost recovery. The amount of the industrial cost recovery charge will be based upon the total dollar amount of federal grant monies received by the city after March 1, 1973, for the purpose of constructing additions or improvements to the city's treatment works and appurtenances under the provisions of Section 204 (b) of the Act, as amended (33 U.S.C. 1284), and regulations promulgated thereunder, specifically 40 C.F.R. Part 35. The period of industrial cost recovery shall be thirty (30) years.

Reserve capacity. If an industrial user enters into an agreement with the city to reserve a certain capacity in the treatment works, that user's industrial cost recovery payment shall be based on the total reserve capacity in relation to the design capacity of the treatment works. If the discharge of an industrial user exceeds the reserve capacity in volume, strength or delivery flow characteristics, the user's industrial cost recovery payment shall be increased to reflect the actual use. If there is no reserve capacity agreement between the industrial user and the city, and a substantial change in the strength, volume or delivery flow rate characteristics of an industrial user's discharge share occurs, the user's share shall be adjusted proportionately.

Upgrading and expansion.

If the treatment works are upgraded, each existing industrial user's share shall be adjusted proportionately.

If the treatment works are expanded, each industrial user's share shall be adjusted proportionately except that a user with a reserve capacity under subsection (2) of this section shall incur no additional industrial cost recovery charges unless the user's actual use exceeded its reserve capacity.

Charge formula. The charge for industrial cost recovery shall be computed according to the following formula.

WHERE:
Cr = Recovery cost to user per billing period.
N = Number of billing periods per useful life of improvements, expansions, and facilities covered by grant funds.
Vu = Average daily flow of industrial user during billing period.
Vt = Total average daily flows of all users during billing period.
Bu = Average daily BOD load of industrial user during billing period.
B = Total average daily loading of BOD from all users during billing period.
Su = Average daily load of suspended solids of industrial user during billing period.
S = Total average daily loading of suspended solids from all users during billing period.
D = Total average daily loading of COD from all users during billing period.
Du = Average daily COD load of industrial user during billing period.
Cv = Cost attributable to flow intreatment.
Cb = Cost attributable to BOD treatment.
Cs = Cost attributable to SS treatment.
Cd = Cost attributable to COD treatment.
WHERE: Cv, Cb, Cd and Cs are determined as follows:
C = Cv + Cb + Cs + Cd
C = Amount of federal grants for improvements, expansions, and new facilities, excluding those portions of the grant attributable to.
(a)	Infiltration or inflow correction or treatment.
(b)	Correction of combined sewer overflow and collection or treatment of storm waters.
(c)	Projects which will not initially serve industrial users. These projects will be included in "C" when the first industrial user begins to use them.
(d)	Unreserve excess capacity of the treatment works. This amount will be adjusted when existing or new industrial users begin to use some of the unreserved excess capacity.
AND WHERE those portions of "C" which are not directly attributable to flow, BOD, COD, or SS treatment will be spread among the costs associated with treating these characteristics in the following manner:
Cv = Cx x M
Cb = Cy x M
Cs = Cz x M
Cd = Cw x M
Cw = That portion of "C" which is directly attributable to COD treatment
Cx = That portion of "C" which is directly attributable to flow treatment
Cy = That portion of "C" which is directly attributable to BOD treatment.
Cz = That portion of "C" which is directly attributable to SS treatment.

M	=	C	(Multiplier)
		Cw + Cx + Cy + Cz

Rates. Based upon current estimates, numerical rates are hereby established for N, Vt, B, S, D, Cv, Cb, Cd and Cs, as follows:

N = 30 years

Cv = $93,990.00

Cb = 0

Cs = 0

Cd = 0

Vt = 15.809449 MGD

B = 97,529.9 pounds/day

S = 51,155.3 pounds/day

D = 196,541.4 pounds/day

Billing. The superintendent shall annually bill each industrial user for the industrial cost recovery charge within sixty (60) days following June 30.

Data concerning loading. The average daily loading of all users shall be calculated from records relating to same maintained by the superintendent. The average daily load of an industrial user shall be calculated from discharge monitoring reports submitted to the industrial user subject to verification by inspection and monitoring undertaken by the city pursuant to section 18-505 and from records maintained by the industrial user pursuant to section 18-504 and from reliable information obtained from any other source.

Annual study. The superintendent shall, based upon a documented study, recommend to the board of commissioners no less than annually adjustments to the formula contained in this section taking into consideration the total amount of grant monies received, the costs of operation of the treatment works and its appurtenances, factors relating to determining the industrial user's share of costs, and other factors specified in this section and in other applicable laws and regulations.

(11)

Moratorium. The city shall, pursuant to applicable regulations issued by the Environmental Protection Agency, defer the date for collecting industrial cost recovery payments to December 1, 1979, or such later date as shall be authorized by law. During the period of deferral in industrial cost recovery payments, the superintendent shall implement and continue operations relating to industrial cost recovery payments as specified hereinabove, including monitoring flows, calculating payments due and submitting bills to industrial users informing them of their deferred obligations. Upon the end of the deferral, the superintendent shall bill for collection the deferred payments in equal annual installments prorated from July 1, 1979, over the remaining industrial cost recovery period.

(12)

Appeal. An industrial user may contest the accuracy of an industrial cost recovery bill by paying said bill under protest and within thirty (30) days following the due date of the bill lodging with the superintendent a notice of appeal to the wastewater regulations board. No particular form of notice of appeal is required, but it shall set forth with particularity the nature of any errors allegedly committed in the computation of said bill. Unless the superintendent shall agree to correct any error or enter into a reasonable compromise concerning same, he shall notify the board at its next regularly scheduled meeting of the pendency of an appeal. The board shall, upon notice to the industrial users, schedule a hearing to receive evidence relating to the matter, and shall render such determinations and issue such orders as the law and facts of the case may require.

§ 18-513 Miscellaneous fees.

[1977 Code, § 8-613]

Applicability. There shall be and is hereby authorized the levy and collection of miscellaneous fees by the superintendent for various purposes relating to this chapter as set forth in this section.

Fees for garbage grinders. Any user of a garbage grinder, except users in a premises used exclusively for an individual residence, shall be charged at the rate of fifty dollars ($50.00) per month. The superintendent shall bill said users on a bimonthly basis, and the bills shall be due and payable within thirty (30) days following the last day of the billing period.

Truck discharge operation fee. The superintendent shall charge and collect the sum of ten dollars ($10.00) per truck per year for a truck discharge operation permit as authorized pursuant to section 18-502. The holders of such permits shall also be charged a fee set forth in subsections (4) and (5) of this section. Such additional fees shall be collected by the superintendent at the time of the discharge, or in his discretion he may enter into an agreement with the holder of such a permit to bill and collect the fees on a monthly basis.

Fees for septic tank discharge. All persons discharging domestic sewage waste from a truck under the provisions of section 18-502(10) shall be charged at the rate of six dollars ($6.00) per one thousand (1,000) gallons of such waste.

Holding tank wastes. All persons discharging any other holding tank waste authorized pursuant to section 18-502 shall be charged at the rate of one dollar twenty and nine-tenths cents ($1.209) per one thousand (1,000) gallons of such discharge, plus any surcharge rate authorized by section 18-511 for concentrations of pollutants in excess of normal wastewater without regard to the definition of industrial user or other limitations set forth in said section. The superintendent may also require a chemical analysis of such waste and charge the user therefor.

§ 18-514 Penalties for violations of chapter, permit conditions or order.

Monitoring requested by user. The superintendent shall charge and collect from any user requesting the collection of effluent samples and the analysis of same a sum of money sufficient to pay for the personnel, equipment and materials needed to collect and analyze same. He shall publish no less frequently than yearly a schedule of such fees, and shall charge all persons uniformly according to said schedule of charges. No such monitoring requested by user shall be performed unless the user shall agree in advance to payment of charges according to said schedule. The superintendent shall bill for such monitoring reports within one week following the completion thereof, said bills to be payable within thirty (30) days following the date of the bill. The superintendent shall not perform for a user routine self-monitoring required under the provisions of an industrial discharge permit.

[1977 Code, § 8-614]

Violation a misdemeanor. Any person who violates any provision of this chapter, including but not limited to the following violations:

Violates an effluent standard of limitation;

Violates the terms or conditions of a wastewater discharge permit;

Fails to complete a filing or report requirement;

Fails to perform or properly report any required monitoring;

Violates a final order or determination of the wastewater regulations board or the superintendent; or

Fails to pay any established sewer service charge or industrial cost recovery charge; shall be guilty of a misdemeanor and, upon conviction, is punishable by a fine in an amount not to exceed fifty dollars ($50.00).

Violations deemed separate offenses. Each separation violation shall constitute a separate offense and upon conviction, each day of violation shall constitute a separate offense.