It is hereby determined and declared to be necessary
and conducive for the protection of the health, safety and welfare
of the public to levy and collect sewer charges or rentals upon all
lots, lands and premises served or benefitted by the sanitary sewerage
system, which shall include all construction for the collection, transportation,
pumping, treatment and final disposition of sewage and consisting
generally of pipes, conduits, manholes, sewer mains, intercepting
sewers, pumps and facilities for the treatment and disposal of raw
sewage where such facilities are operated directly by the City or
are provided under statutory or contractual provision, and the furnishing
of such facilities creates or imposes costs or charges upon the Utility
for the services afforded by such facilities.
As used in this article, the following terms
shall have the meanings indicated:
The Director of Utilities and/or the Utility Commission or
a duly authorized deputy, agent or representative.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter in five days at 20° C., expressed as milligrams
per liter. Quantitative determination of BOD shall be made in accordance
with procedures set forth in Standard Methods.
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste and other drainage pipes
inside the walls of the building and conveys it to the building sewer,
beginning five feet outside the inner face of the building wall.
The extension from the building drain to the public sewer
or other place of disposal. Also called "house connection."
Those sanitary sewer users who discharge normal domestic
strength wastewater with concentrations of BOD no greater than 250
mg/l and suspended solids no greater than 250 mg/l.
Those sanitary sewer users who discharge wastewater with
concentrations in excess of 250 mg/l for BOD and 250 mg/l for suspended
solids. Users whose wastewater exceeds the concentration for any one
of these parameters shall be in Category B.
The amount of chlorine in milligrams per liter which must
be added to sewage to produce a residual chlorine as specified in
the Wisconsin Pollutant Discharge Elimination System (WPDES) permit.
The City of Mayville or the City's delegated representative.
A sewer intended to receive both wastewater and stormwater
or surface water.
Biochemical oxygen demand, suspended solids, phosphorous,
nitrogen, pH, or fecal coliform bacteria, plus additional pollutants
identified in the WPDES permit for the publicly owned wastewater treatment
facility receiving the pollutants, if such works were designed to
treat such additional pollutants and in fact do remove such pollutants
to a substantial degree.
An acquired legal right for the specified use of land owned
by others.
Oil, fat or grease in such physical state that it will separate
by gravity from wastewater by treatment in an approved pretreatment
facility. Wastewater shall be considered free of floatable oil if
it is properly pretreated and the wastewater does not interfere with
the collection system.
The residue from the preparation, cooking and dispensing
of food and from the handling, storage and sale of food products and
produce.
The City of Mayville.
The residue from the preparation, cooking and dispensing
of food that has been shredded to such a degree that all particles
will be carried freely in suspension under the flow conditions normally
prevailing in public sewers, with no particle greater than 1/2 inch
in any dimension.
Wastewater with pollutants that will adversely affect or
disrupt the quality of wastewater treatment if discharged to a wastewater
treatment facility.
The wastewater from industrial process, trade or business
as distinct from sanitary sewage.
An industry that:
Has a flow of 50,000 gallons (6,685 cubic feet
or more per average workday);
Has a flow greater than 5% of the flow carried
by the wastewater collection and treatment facilities receiving the
waste;
Has a material in its discharge included on
a list of toxic pollutants issued under § 283.21(1), Wis.
Stats.; or
Has a significant impact, either singularly
or in combination with other contributing industries, on the wastewater
treatment facility or the quality of its effluent.
The City of Mayville.
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake or other body of surface water
or groundwater.
Kjeldahl nitrogen which is the sum of organic nitrogen and
ammonia nitrogen.
Wastewater with concentrations of BOD no greater than 250
mg/l, suspended solids no greater than 250 mg/l and phosphorus no
greater than 7.00 mg/l.
[Amended by Ord. No. 921-2001; 7-13-2009 by Ord. No. 1016-2009]
All costs associated with the operation and maintenance of
the wastewater collection and treatment facilities.
A weight-to-weight ratio; the parts per million value multiplied
by the factor 8.34 shall be equivalent to pounds per million gallons
of water.
Any and all persons, including any individual, firm, company,
municipal or private corporation, association, society, institution,
enterprise, governmental agency or other entity.
The logarithm of the reciprocal of the hydrogen-ion concentration.
The concentration is the weight of hydrogen-ions, in grams, per liter
of solution. Neutral water, for example, has a pH value of seven and
a hydrogen-ion concentration of 10-7.
Total phosphorus and is expressed in milligrams per liter
or P (phosphorus).
Any publicly owned sewer, storm drain, sanitary sewer or
combined sewer.
Expenditures for obtaining and installing equipment, accessories
or appurtenances which are necessary during the useful life of the
wastewater treatment facility to maintain the capacity and performance
for which such facilities were designed and constructed.
A combination of liquid and water-carried wastes discharged
from toilets and/or sanitary plumbing facilities.
A sewer that carries liquid and water-carried wastes from
residences, commercial buildings, industrial plants and institutions,
together with minor quantities of groundwater, stormwater and surface
water that are not admitted intentionally.
A pipe or conduit that carries wastewater from residences,
commercial buildings, industrial plants, and institutions to the sanitary
sewer main, including the connection to the main.
[Added by Ord. No. 834-96]
The spent water of a community. The preferred term is "wastewater."
A pipe or conduit that carries wastewater or drainage water.
A charge levied on users of the wastewater collection and
treatment facilities to recover annual revenues for debt service,
replacement costs and operation and maintenance expenses of said facilities.
(The user charge which covers operation, maintenance and replacement
expenses is a part of the sewer service charge.)
Any discharge of water or wastewater which in concentration
of any given constituent or in quantity of flow exceeds for any period
of duration longer than 15 minutes more than five times the average
twenty-four-hour concentration of flows during normal operation and
shall adversely affect the collection system and/or performance of
the wastewater treatment works.
The examination and analytical procedures set forth in the
most recent edition of Standard Methods for the Examination of Water
and Wastewater, published jointly by the American Public Health Association,
the American Water Works Association, and the Water Environment Federation.[1]
A drain or sewer for conveying water, groundwater, subsurface
water or unpolluted water from any source.
That portion of the rainfall that is drained into the sewers.
Total suspended matter that either floats on the surface
of or is in suspension in water, wastewater or other liquids and that
is removable by laboratory filtering as prescribed in Standard Methods
for the Examination of Water and Wastewater and referred to as "nonfilterable
residue."
Water of quality equal to or better than the effluent criteria
in effect, or water that would not cause violation of receiving water
quality standards and would not be benefitted by discharge to the
sanitary sewers and wastewater treatment facilities provided.
A charge levied on users of the wastewater collection and
treatment facilities for payment of operation, maintenance and replacement
costs of said facilities.
The Wastewater Utility or the Utility's delegated representative.
The spent water of a community. From the standpoint of source,
it may be a combination of the liquid and water-carried wastes from
residences, commercial buildings, industrial plants and institutions
together with any groundwater, surface water and stormwater that may
be present.
The structures and equipment required to collect and carry
away domestic and industrial wastewater.
An arrangement of devices and structures for treating wastewater,
industrial wastes and sludge. Sometimes used as synonymous with "wastewater
treatment plant."
A natural or artificial channel for the passage of water,
either continuously or intermittently.
A document issued by the Wisconsin Department of Natural
Resources which establishes effluent limitations and monitoring requirements
for the municipal wastewater treatment facility. WPDES Permit No.
WI-0024643-3 and modifications thereof pertain to the City's wastewater
treatment facility.
The following abbreviations shall have the designated
meanings:
|
BOD
|
Biochemical oxygen demand
|
|
CFR
|
Code of Federal Regulations (40 CFR 403 is Title
40 of the Code of Federal Regulations, Part 403)
|
|
COD
|
Chemical oxygen demand
|
|
EPA
|
Environmental Protection Agency
|
|
l
|
Liter
|
|
mg
|
Milligrams
|
|
mg/l
|
Milligrams per liter
|
|
POTW
|
Publicly owned treatment works
|
|
SIC
|
Standard industrial classification
|
|
SWDA
|
Solid Waste Disposal Act, 42 U.S.C. § 6901
et seq.
|
|
TSS
|
Total suspended solids
|
|
USC
|
United States Code
|
|
WPDES
|
Wisconsin Pollutant Discharge Elimination System
|
A.
Sanitary sewers. No person shall discharge, or cause
to be discharged, any unpolluted waters such as stormwater, groundwater,
roof runoff, subsurface drainage or cooling water to any sanitary
sewer. Stormwater runoff from limited areas, which may be polluted
at times, may be discharged to the sanitary sewers by permission of
the approving authority.
[Amended 7-13-2015 by Ord. No. 1079-2015; 3-14-2016 by Ord. No. 1083-2016; 3-13-2017 by Ord. No. 1090-2016; 8-13-2018 by Ord. No. 1099-2018]
B.
Storm sewers. Stormwater, other than that exempted under Subsection A above, and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the approving authority and other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged, on approval of the approving authority, together with any required state approvals, to a storm sewer or natural outlet.
C.
Prohibitions and limitations. Except as hereinafter
provided, no person shall discharge, or cause to be discharged, any
of the following described waters or wastes to any public sewer:
(1)
Any gasoline, benzene, naphtha, fuel oil or other
flammable or explosive liquid, solid or gas.
(2)
Any waters or wastes containing toxic or poisonous
solids, liquids or gases in sufficient quantity, either singly or
by interaction with other wastes, to injure or interfere with any
waste treatment or sludge disposal process, constitute a hazard to
humans or animals, or create a public nuisance in the receiving waters
of the wastewater treatment facilities. Any industry or commercial
business that changes processes or chemical treatment that may constitute
a change in toxic discharges must submit the new process and/or chemical
changes to the Utility along with the proposed discharge quantities
so that the potential toxic discharges may be tested prior to discharge
into the waste stream.
[Amended 2-9-2004 by Ord. No. 950-2004]
(3)
Any waters or wastes having a pH lower than 6.0 or
having any other corrosive property capable of causing damage or hazard
to structures, equipment and personnel of the wastewater collection
and treatment facilities.
(4)
Any waters or wastes having a pH in excess of 9.0.
(5)
Solid or viscous substances in quantities or of such
size capable of causing obstruction to the flow in public sewers or
other interference with the proper operation of the wastewater collection
and treatment facilities, such as, but not limited to, ashes, cinders,
sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics,
wood, unground garbage, whole blood, paunch manure, hair and fleshings,
entrails and paper dishes, cups, milk containers, etc., either whole
or ground by garbage grinders.
(6)
The following described substances, materials, waters
or waste shall be limited in discharges to municipal sanitary sewer
systems to concentrations or quantities which will not harm either
the sanitary sewers, wastewater treatment process or equipment; will
not have an adverse effect on the receiving stream; or will not otherwise
endanger lives, limb, or public property or constitute a nuisance.
The approving authority may set limitations lower than the limitations
established in this article if, in his opinion, such more severe limitations
are necessary to meet the above objectives. In forming his opinion
as to the acceptability, the approving authority will give consideration
to such factors as the quantity of subject waste in relation to flows
and velocities in the sewers, materials of construction of the sanitary
sewers, the wastewater treatment process employed, capacity of the
waste in the wastewater treatment facility, and other pertinent factors.
The limitations or restrictions on materials or characteristics of
waste or wastewaters discharged to the sanitary sewers which shall
not be violated without approval of the approving authority are as
follows:
(a)
Wastewater having a temperature higher than
150° F. (65° C.).
(b)
Wastewater containing more than 25 mg/l of petroleum
oil, nonbiodegradable cutting oils, or products of mineral oil origin.
(c)
Wastewater from industrial plants containing
floatable oils, fat or grease.
(d)
Any garbage that has not been properly shredded.
Garbage grinders may be connected to sanitary sewers from homes, hotels,
institutions, restaurants, hospitals, catering establishments or similar
places where garbage originates from the preparation of food in kitchens
for the purpose of consumption on the premises or when served by caterers.
(e)
Any waters or wastes containing iron, chromium,
copper, zinc and other toxic and nonconventional pollutants to such
degree that any such material is received in the composite wastewater
in concentrations that exceed levels specified by federal, state or
local pretreatment standards and requirements, as may be specified
from time to time.
(f)
Any waters or wastes containing odor-producing
substances exceeding limits which may be established by the approving
authority.
(g)
Any radioactive wastes or isotopes of such half-life
or concentration as may exceed limits established by the approving
authority in compliance with applicable state or federal regulations.
(h)
Quantities of flow or concentrations, or both,
which constitute a slug as defined herein.
(i)
Any waters or wastes containing substances which
are not amenable to treatment or reduction by the wastewater treatment
processes employed or are amenable to treatment only to such degree
that the wastewater treatment facility effluent cannot meet the requirements
of other agencies having jurisdiction over discharge to the receiving
waters.
(j)
Any water or wastes which, by interaction with
other water or wastes in the sanitary sewer system, release obnoxious
gases, form suspended solids which interfere with the collection system,
or create a condition deleterious to structures and treatment processes.
(k)
Materials which exert or cause the following:
[1]
Unusual BOD, COD or chlorine requirements in
such quantities as to constitute a significant load on the wastewater
treatment facility.
[2]
Unusual volume of flow or concentration of wastes
constituting slugs, as defined herein.
[3]
Unusual concentrations of inert suspended solids
such as, but not limited to, fuller's earth, lime slurries and lime
residues, or of dissolved solids such as, but not limited to, sodium
sulfate.
[4]
Excessive discoloration such as, but not limited
to, dye wastes and vegetable tanning solutions.
(l)
Pollutants in excess of the allowed limits as
determined by City, state and federal rules and regulations in reference
to pretreatment standards developed by the EPA, 40 CFR 403.
(7)
The Utility shall comply with all the requirements
of WPDES Permit No. WI-0024643-3 and of all modifications thereof.
No discharge shall be allowed into the sanitary sewers that is in
violation of the requirements of the WPDES permit and the modifications
thereof.
D.
Special arrangements. No statement contained in this
section shall be construed as prohibiting any special agreement between
the approving authority and any person whereby an industrial waste
of unusual strength or character may be admitted to the wastewater
collection and treatment facilities, either before or after pretreatment,
provided that there is no impairment of the functioning of the wastewater
collection and treatment facilities by reason of the admission of
such wastes and no extra costs are incurred by the Utility without
recompense by the person, provided that all rates and provisions set
forth in this article are recognized and adhered to.
E.
New connections. New connections to the City's sanitary
sewer system will be allowed only if there is available capacity in
all of the downstream wastewater collection and treatment facilities.
A.
Submission of basic data.
(1)
Within three months after passage of this article,
each person who discharges industrial wastes to a public sewer shall
prepare and file, with the approving authority, a report that shall
include pertinent data relating to the quantity and characteristics
of the wastes discharged to the wastewater collection and treatment
facilities. The approving authority may require that this data be
provided annually at a time specified by the approving authority.
The following forms or the information needed to complete them will
be accepted:
(2)
Similarly, each person desiring to make a new connection
to a public sewer for the purpose of discharging industrial wastes
shall prepare and file with the approving authority a report that
shall include actual or predicted data relating to the quantity and
characteristics of the waste to be discharged. The preceding is required
to comply with WPDES Permit No. WI-0024643-3.
B.
Extension of time. When it can be demonstrated that circumstances exist which would create an unreasonable burden on the person to comply with the time schedule imposed by Subsection A above, a request for extension of time may be presented to the approving authority for consideration.
C.
Industrial discharges. If any waters or wastes are discharged or are proposed to be discharged to the public sewers which waters or wastes contain substances or possess the characteristics enumerated in § 355-25 of this article and which, in the judgment of the approving authority, have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or health or constitute a public nuisance, the approving authority may:
D.
Control manholes.
(1)
Each person discharging industrial wastes into a public
sewer shall, at the discretion of the approving authority, construct
and maintain one or more control manholes or access points to facilitate
observation, measurement and sampling of his wastes, including domestic
sewage.
(2)
Control manholes or access facilities shall be located
and built in a manner acceptable to the approving authority. If measuring
devices are to be permanently installed, they shall be of a type acceptable
to the approving authority.
(3)
Control manholes, access facilities and related equipment
shall be installed by the person discharging the waste, at his expense,
and shall be maintained by him so as to be in safe condition, accessible
and in proper operating condition at all times. Plans for installation
of the control manholes or access facilities and related equipment
shall be approved by the approving authority prior to the beginning
of construction.
F.
Provisions of deductions. In the event that a person
discharging industrial waste into the sanitary sewers produces evidence
satisfactory to the approving authority that more than 20% of the
total annual volume of water used for all purposes does not reach
the sanitary sewer, then the determination of the water consumption
to be used in computing the waste volume discharged into the sanitary
sewer may be made a matter of agreement between the approving authority
and such person.
G.
Metering of waste. Devices for measuring the volume
of waste discharged may be required by the approving authority if
this volume cannot otherwise be determined from the metered water
consumption records. Metering devices for determining the volume of
waste shall be installed, owned and maintained by the person and tested
at least annually. Following approval and installation, such meters
may not be removed without the consent of the approving authority.
H.
Waste sampling.
(1)
Industrial wastes discharged into the public sewers
shall be subject to periodic inspection and a determination of character
and concentration of said wastes. The determination shall be made
by the industry as often as may be deemed necessary by the approving
authority.
(2)
Samples shall be collected in such a manner as to
be representative of the composition of the wastes. The sampling may
be accomplished either manually or by the use of mechanical equipment
acceptable to the approving authority.
(3)
Installation, operation and maintenance of the sampling
facilities shall be the responsibility of the person discharging the
waste and shall be subject to the approval of the approving authority.
Access to sampling locations shall be granted to the approving authority
or his duly authorized representative at all times. Every care shall
be exercised in the collection of samples to ensure their preservation
in a state comparable to that at the time the sample was taken.
I.
Pretreatment. Where required, in the opinion of the
approving authority, to modify or eliminate wastes that are harmful
to the structures, processes or operation of the wastewater treatment
works or necessary to comply with federal, state or local pretreatment
standards and requirements, the person shall provide, at his expense,
such preliminary treatment or processing facilities as may be determined
necessary to render his wastes acceptable for admission to the sanitary
sewers.
J.
Grease and/or sand interceptors. Grease, oil and sand interceptors shall be provided when, in the opinion of the approving authority, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in § 355-25C(6) of this article, or any flammable wastes, sand or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the approving authority and shall be located as to be readily and easily accessible for cleaning and inspection. In maintaining these interceptors, the owner shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the approving authority. Disposal of the collected materials performed by the owner's personnel or currently licensed waste disposal firms must be in accordance with currently acceptable Department of Natural Resources practice.
K.
Analyses.
(1)
All measurements, tests and analyses of the characteristics
of waters and wastes to which reference is made in this article shall
be determined in accordance with the latest edition of Standard Methods
for the Examination of Water and Wastewater, published by the American
Public Health Association, and with the federal regulations 40 CFR
136, Guidelines Establishing Test Procedures for Analysis of Pollutants.
Sampling methods, location, time, durations and frequencies are to
be determined on an individual basis, subject to approval by the approving
authority.
(2)
Determination of the character and concentration of
the industrial wastes shall be made by the person discharging them
or his agent, as designated and required by the approving authority.
The approving authority may also make his own analyses on the wastes,
and these determinations shall be binding as a basis for sewer service
charges. The monitoring and analyses, as herein provided, shall also
be binding in determining if the person discharging the waste, or
his agent, is in compliance with pretreatment standards and requirements,
as specified by federal, state or local authorities.
L.
Submission of information. Plans, specifications and
any other pertinent information relating to proposed flow equalization,
pretreatment or processing facilities shall be submitted for review
of the approving authority prior to the start of their construction
if the effluent from such facilities is to be discharged into the
public sewers.
A.
Sewer users served by Water Utility water meters.
There is hereby levied and assessed upon each lot, parcel of land,
building or premises having a connection with the wastewater system
and being served with water solely by the Water Utility a wastewater
treatment service charge based, in part, on the quantity of water
used, as measured by the Water Utility water meter used upon the premises.
B.
Sewer users served by private wells.
(1)
If any person discharging sewage into the public sanitary
sewer system procures any part or all of his water from sources other
than the Water Utility, all or part of which is discharged into the
public sanitary sewer system, the person shall be required to have
water meters installed for the purpose of determining the volume of
water obtained from these sources. Where sewer meters are already
installed, water meters will not be required. The water meters shall
be furnished by the Water Utility and installed under its supervision,
all costs being at the expense of the person requiring the meter.
(2)
The user shall be responsible for the purchase of
a water meter that meets the specifications of the Water Utility.
The Utility will maintain, repair and test the meter. Costs attributable
to the meter maintenance, repair and testing will be assessed to the
user.
C.
Noncontact meters.
(1)
If a user feels that a significant amount of metered
water does not reach the sanitary sewer, he can, at his own expense,
through the approving authority, install a second water meter or an
additional metered service that would monitor this flow. Charges for
sewer use would be made based on the difference between the two meter
readings if only a second meter is installed and on actual water metered
for sewer use if an additional metered service is installed.
(2)
Requests for a second meter or metered service must
be made in writing to the approving authority.
(3)
The approving authority may make exceptions to the
requirements of noncontact meters for residential users if the amount
of City water used and not discharged to the sanitary sewer can be
estimated by the approving authority.
A.
Sewer service unit costs. On or before the first Common
Council meeting in February of every odd-numbered year, the Director
of Utilities shall have computed by independent study the sewer use
charge and shall have reported to the Utility Commission, which shall
recommend to the Common Council the sewer charge to be established
for the subsequent two-year period. The Common Council shall adopt
the use charge by resolution.
[Added by Ord. No. 847-97; amended by Ord. No. 915-2001; 3-10-2008 by Ord. No. 1006-2008]
B.
Category A users. The sewer service charge for Category A wastewater shall be determined every odd-numbered year by the Common Council pursuant to Subsection A above.
[Added by Ord. No. 847-97; amended by Ord. No. 921-2001]
C.
Industrial strength users.
[Added by Ord. No. 847-97; amended by Ord. No. 921-2001; 7-13-2009 by Ord. No. 1016-2009]
(2)
The industrial strength sewer service charge shall
be computed in accordance with the formula presented below:
|
A = B + [(C-D) x I] + [(E-D) x J] + [(F-G) x
K] + H
|
|
Where:
| |||
|---|---|---|---|
|
A =
|
Charge to sewer user for collection and treatment
of wastewater
| ||
|
B =
|
Fixed charge per billing period
| ||
|
C =
|
Total BOD discharged in pounds
| ||
|
D =
|
Pounds BOD and suspended solids allowed (250
mg/l x flow x 8.34)
| ||
|
E =
|
Total suspended solids discharged in pounds
| ||
|
F =
|
Total phosphorus discharged in pounds
| ||
|
G =
|
Pounds of phosphorus allowed (7.00 mg/l x flow
x 8.34)
| ||
|
H =
|
Volume charge
| ||
|
I =
|
Cost per pound of BOD
| ||
|
J =
|
Cost per pound of suspended solids
| ||
|
K =
|
Cost per pound of phosphorus
| ||
D.
Reassignment of sewer users. The approving authority
shall reassign sewer users into appropriate sewer service charge categories
if wastewater sampling programs and other related information indicate
a change of categories is necessary.
E.
Operation, maintenance and replacement fund accounts.
(1)
The annual replacement revenues shall be maintained
in a separate account to be used solely for the purpose of purchasing
replacement parts and/or equipment. Funds may be withdrawn from this
account for these uses only with the approval of the approving authority.
(2)
All revenues collected for the replacement funds and
for operation and maintenance of the wastewater collection and treatment
facilities must be used solely for the replacement fund and operation
and maintenance of the wastewater collection and treatment facilities.
F.
Disposal of septic tank sludge and holding tank sewage.
(1)
No person in the business of gathering and disposing
of septic tank sludge or holding tank sewage shall transfer such material
into any disposal area or public sewer unless a permit for disposal
has been first obtained from the Utility Commission which shall state
the name and address of the applicant; the number of its disposal
units; and the make, model and license number of each unit. Permits
shall be nontransferable, except in the case of replacement of the
disposal unit for which a permit shall have been originally issued.
The permit may be obtained upon payment of a fee as set by the Common
Council per calendar year. The time and place of disposal will be
designated by the Utility Commission. The Commission may impose such
conditions as it deems necessary on any permit granted.
(2)
Any person disposing of septic tank sludge or holding
tank sewage agrees to carry public liability insurance in an amount
not less than $100,000 to protect any and all persons or property
from injury and/or damage caused in any way or manner by an act, or
the failure of an act, by any of his employees. The person shall furnish
a certificate certifying such insurance to be in full force and effect.
(3)
All materials disposed of into the treatment system
shall be of domestic origin, or compatible pollutants only, and the
person agrees that he will comply with the provisions of any and all
applicable ordinances of the City and shall not deposit or drain any
gasoline, oil, acid, alkali, grease, rags, waste, volatile or inflammable
liquids, or other deleterious substances into any manhole, nor allow
any earth, sand or other solid material to pass into any part of the
wastewater collection and treatment facilities.
(4)
Persons with a permit for disposing of septic tank sludge and/or holding tank sewage into the wastewater collection and treatment facilities shall be charged a service charge per load as set by the Common Council and 125% of the volume charge or industrial strength user charge as applicable pursuant to Subsections B and C above.
[Added by Ord. No. 847-97]
(5)
The person disposing waste agrees to indemnify and
hold harmless the City from any and all liability and claims for damages
arising out of, or resulting from, work and labor performed.
G.
Connection charge.
[Added by Ord. No. 847-97]
(1)
There is hereby levied a connection charge upon each
lot or parcel of land currently within the City but not having an
existing connection to the wastewater works and upon land subsequently
attached to the City known as a "connection charge." Such connection
charge shall be on the basis of one connection charge for each residential
equivalent connection connected to the wastewater works.
(2)
Existing and future connections. For the purpose of
this section, sewer connections in the City shall be classified as
existing connections or future connections. Existing connections shall
be those in existence and connections for which a sewer construction
permit has been issued and construction started as of 11:59 p.m.,
December 31, 2008. Future connections shall be those not in existence
as of 11:59 p.m., December 31, 2008.
[Amended 12-9-2002 by Ord. No. 930-2002; 12-8-2008 by Ord. No. 1014-2008]
(3)
Schedule of charges. The connection charge for a single-family
residence shall be $1,240, which shall be the unit of charge for residential
equivalent connection. The Wastewater Utility Director shall determine
the residential equivalency units for all other categories of buildings.
Special charges may be determined by the approving authority for large
commercial or industrial users. The connection charge shall be as
follows:
[Amended 12-9-2002 by Ord. No. 930-2002; 3-10-2008 by Ord. No. 1006-2008; 12-8-2008 by Ord. No. 1014-2008]
(4)
Payments. There shall be no connection charge for
existing connections. Payments of the connection charge for future
connections shall be paid in full upon the issuance of a building
permit.
H.
Special rates. It is understood, however, that the
approving authority may at any time hereafter set special rates for
any large commercial service, industrial use of any other unique user
that does not readily fit into other categories of users.
[Added by Ord. No. 847-97]
A.
Calculation of sewer service charges. Sewer service charges that shall be assessed to City sewer users shall be computed by the City according to the rates and formula presented in § 355-28 of this article.
B.
Sewer service charge billing period. Sewer service
charges shall be billed by the City to the sewer users on a monthly
basis.
C.
Payment of sewer service charges. Those persons billed
by the City for sewer service charges shall pay such charges within
20 days after the billing date at designated payment stations.
D.
Penalties. Such sewer service charges as may be levied by the City against the sewer users in accordance with this article shall be a debt due to the City and shall be a lien upon the property. If this debt is not paid within 20 days after it shall be due, it shall be deemed delinquent and may be placed on the next year's tax roll and be collected as other taxes are collected. (See § 355-2 of this chapter.)
E.
Change of ownership or occupancy. Change of ownership
or occupancy of premises found delinquent shall not be cause for reducing
or eliminating these penalties.
A.
Right of entry. The approving authority or other duly
authorized employees of the Utility, bearing proper credentials and
identification, shall be permitted to enter all properties for the
purpose of inspection, observation or testing, all in accordance with
the provisions of this article and § 200.11, Wis. Stats.
The approving authority, or other duly authorized employees of the
Utility, shall have no authority to inquire into any process beyond
that point having a direct bearing on the kind and source of discharge
to the sewers or waterways or wastewater treatment facilities.
B.
Safety. While performing the necessary work on private premises referred to in Subsection A above, the duly authorized Utility employees shall observe all safety rules applicable to the premises established by the person, and the City shall indemnify the person against loss or damage for personal injury or property damage asserted against the person and growing out of the gauging and sampling operation and indemnify the person against loss or damage to its property by Utility employees, except as such may be caused by negligence or failure of the person to maintain safe conditions as required in § 355-26D of this article.
C.
Identification; right to enter easements. The approving
authority, or other duly authorized employees of the Utility, bearing
proper credentials and identification, shall be permitted to enter
all private properties through which the City holds a duly negotiated
easement for the purpose of, but not limited to, inspection, observation,
measurement, sampling, repair and maintenance of any portion of the
sewage works lying within said easement, all subject to the terms,
if any, of the duly negotiated easement.
A.
Work authorized. No unauthorized person shall uncover, make any connection with or opening into, use, alter or disturb the sanitary sewer or appurtenances thereof without first obtaining a written permit from the Utility Commission. (See also Chapter 368, Streets and Sidewalks, of this Code)
B.
Cost of sewer connection. All costs and expenses incident
to the installation and connection of the building sewer shall be
borne by the property owner. The property owner shall indemnify the
City from any loss or damage that may directly or indirectly be occasioned
by the installation of the building sewer.
C.
Use of old building sewers. Old building sewers may
be used in connection with new buildings only when they are found,
on examination and test by the Plumbing Inspector, to meet all requirements
of this article.
D.
Materials and methods of construction. The size, slope,
alignment and materials of construction of a building sewer and the
methods to be used in excavating, placing of the pipe, jointing, testing
and backfilling the trench shall all conform to the requirements of
the Building and Plumbing Codes or other applicable rules and regulations
of the City.[1] In the absence of code provisions or in amplification
thereof, the materials and procedures set forth in appropriate specifications
of the ASTM and WEF Manual of Practice No. 9 shall apply.
E.
Building sewer grade. Whenever possible, the building
sewer shall be brought to the building at an elevation below the basement
floor. In all buildings in which any building drain is too low to
permit gravity flow to the public sewer, sanitary sewage carried by
such building drain shall be lifted by an approved means and discharged
to the building sewer.
F.
Stormwater and groundwater drains.
(1)
No person shall make connection of roof downspouts,
exterior foundation drains, areaway drains or other sources of surface
runoff or groundwater to a building sewer or building drain which
is connected directly or indirectly to a sanitary sewer.
(2)
All existing downspouts or groundwater drains, etc.,
connected directly or indirectly to a sanitary sewer must be disconnected
within 60 days of the date of an official written notice from the
approving authority. Exceptions to the above shall be made by the
approving authority.
G.
Conformance to plumbing codes. The connection of the
building sewer into the sanitary sewer shall conform to the requirements
of the City Building and Plumbing Codes or other applicable rules
and regulations of the City or the procedures set forth in appropriate
specifications of the ASTM and WEF Manual of Practice No. 9.[2] All such connections shall be made gastight and watertight.
Any deviation from the prescribed procedures and materials must be
approved by the Plumbing Inspector before installation.
H.
Inspection of connection. The applicant for a building
sewer permit shall notify the Plumbing Inspector when the building
sewer is ready for inspection and connection to the public sewer.
The connection shall be made under the supervision of the Plumbing
Inspector.
A.
Violations. Violation of any provisions of this article
or any other rules or order lawfully promulgated by the Utility Commission
is declared to be a public nuisance.
B.
Enforcement. The Director of Utilities shall enforce
those provisions of this article that come within the jurisdiction
of his office and he shall make periodic inspections and inspections
upon complaint to ensure that such provisions are not violated. No
action shall be taken under this section to abate a public nuisance
unless the Director shall have inspected, or cause to be inspected,
the premises where the nuisance is alleged to exist and shall have
satisfied himself that a nuisance does, in fact, exist.
F.
Liability to City for losses.
(1)
Any person violating any provision of this article
shall become liable to the City for any expense, loss or damage occasioned
by reason of such violation which the City may suffer as a result
thereof.
(2)
The approving authority must be notified immediately
by any person becoming aware of any violations that occur.
A.
Any user, permit applicant or permit holder affected
by any decision, action or determination, including cease and desist
orders, made by the Director of Utilities interpreting or implementing
the provisions of this article, or in any permit issued herein, may
file with the Director a written request for reconsideration within
10 days of the date of such decision, action or determination, setting
forth in detail the facts supporting the user's request for reconsideration.
The Director shall render a decision on the request for reconsideration
to the user, permit applicant or permit holder, in writing, within
15 days of receipt of request. If the ruling on the request for reconsideration
made by the Director is unsatisfactory, the person requesting reconsideration
may, within 10 days after notification of the action, file a written
appeal with the Utility Commission.
B.
The written appeal shall be heard by the Commission
within 45 days from the date of filing. The Commission shall make
a final ruling on the appeal within 60 days from the date of filing.
The Utility shall conduct an annual audit, the
purpose of which shall be to maintain the proper proportion between
users and user classes of the sewer service charge system and to ensure
that adequate revenues are available to meet operation and maintenance
expenses, replacement costs and/or debt service costs.
A.
Purpose and policy. This section and §§ 355-36 to 355-40 of this article set forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the City and enable the City to comply with applicable state and federal laws required by the Clean Water Act of 1977 (Public Laws 95-217) and the General Pretreatment Regulations (40 CFR 403).
B.
(1)
Prevent the introduction of pollutants into the City
wastewater system which will interfere with the operation of the system
or contaminate the resulting sludge.
(2)
Prevent the introduction of pollutants into the municipal
wastewater system which will pass through the system, inadequately
treated, into receiving waters or the atmosphere or otherwise be incompatible
with the system.
(3)
Improve the opportunity to recycle and reclaim wastewaters
and sludges from the system.
(4)
Provide for equitable distribution of the operation
and maintenance cost of the Utility's implementation of the industrial
pretreatment program.
(5)
Provide for the regulation of direct and indirect
contributors to the City wastewater system through the issuance of
permits to certain nondomestic users and through enforcement of general
requirements for the other users, authorize monitoring and enforcement
activities, require user reporting, assume that existing customers'
capacity will not be preempted, and provide for the setting of fees
for the equitable distribution of costs resulting from the program
established herein.
(6)
Apply to the City and to persons outside the City
who are, by contract or any other agreement with the Utility, users
of the City POTW. Except as otherwise provided herein, the approving
authority of the City POTW shall administer, implement and enforce
the provisions of these sections.
C.
ACCIDENTAL DISCHARGE
ACT or THE ACT
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
(1)
(2)
(3)
CATEGORICAL STANDARDS or CATEGORICAL PRETREATMENT STANDARDS
CHEMICAL OXYGEN DEMAND
COOLING WATER
DIRECT DISCHARGE
DIRECTOR
ENVIRONMENTAL PROTECTION AGENCY (EPA)
GRAB SAMPLE
HOLDING TANK WASTE
INDIRECT DISCHARGE
INDUSTRIAL USER
INTERFERENCE
NATIONAL CATEGORICAL PRETREATMENT STANDARDS or PRETREATMENT
STANDARDS
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE
STANDARD
NEW SOURCE
POLLUTANT
POLLUTION
POTW TREATMENT PLANT
PRETREATMENT or TREATMENT
PRETREATMENT REQUIREMENTS
PUBLICLY OWNED TREATMENT WORKS (POTW)
QUALIFIED PROFESSIONAL
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STATE
TOXIC POLLUTANT
USER
WASTEWATER DISCHARGE PERMIT
WATERS OF THE STATE
Definitions. Unless the text specifically indicates otherwise, the following terms and phrases, as used in this section and §§ 355-36 to 355-40 of this article, shall have the meanings hereinafter designated. (See § 355-23 of this article for additional definitions.)
Accidental or unintentional discharge of wastewater from
an industrial user which contains indirect discharge, pollutants or
sludges which are not normally discharged by the industrial user.
An accidental discharge may also be unintentional slug loading of
wastes normally discharged by the industrial user which causes the
industrial user to exceed its wastewater discharge permit limitations.
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
An authorized representative of an industrial user may be:
A principal executive officer of at least the
level of vice president if the industrial user is a corporation.
A general partner or proprietor if the industrial
user is a partnership or proprietorship, respectively.
A duly authorized representative of the individual
designated above if such representative is responsible for the overall
operation of the facilities from which the indirect discharge originates.
National categorical pretreatment standards or pretreatment
standards.
The quantity of oxygen utilized in the chemical oxidation
of organic matter, expressed in milligrams per liter, as determined
in accordance with standard laboratory procedure as set out in the
latest edition of Standard Methods for the Examination of Water and
Wastewater.
The water discharged from any use such as air conditioning,
cooling or refrigeration or to which the only pollutant added is heat.
The discharge of treated or untreated wastewater directly
to the water of the state.
The chief administrative officer of the Wisconsin Department
of Natural Resources.
The United States Environmental Protection Agency or, where
appropriate, the term may also be used as a designation of the administrator
or other duly authorized official of said agency.
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.
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum-pump tank trucks.
The discharge or the introduction of nondomestic pollutants
from any source regulated under § 307(b) or (c) of the Act
(33 U.S.C. § 1317) into the POTW (including holding tank
waste discharged into the system).
A source of indirect discharge.
The inhibition or disruption of the POTW treatment processes
or operations which contributes to a violation of any requirement
of the City's WPDES permit. The term includes prevention of sewage
sludge use or disposal by the POTW in accordance with § 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.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with § 307(b) and (c) of the Act
(33 U.S.C. § 1347) which applies to a specific category
of industrial users.
Any regulation developed under the authority of § 307(b)
of the Act and 40 CFR 403.5.
Any source, the construction of which is commenced after
the publication of proposed regulations prescribing a § 307(c)
of the Act (33 U.S.C. § 1317) categorical pretreatment standard
which will be applicable to such source, if such standard is thereafter
promulgated within 120 days of proposal in the Federal Register. Where
the standard is promulgated later than 120 days after proposal, "new
source" means any source, the construction of which is commenced after
the date of promulgation of the standard.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt and industrial, municipal and agricultural waste
discharged into water.
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
That portion of the POTW designed to provide treatment of
wastewater.
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 the POTW. The reduction
or alteration can be obtained by physical, chemical or biological
processes, or process changes by other means, except as prohibited
by 40 CFR 403.6(d).
Any substantive or procedural requirement related to pretreatment,
other than a categorical pretreatment standard imposed on an industrial
user.
A treatment works, as defined by § 212 of the Act (33 U.S.C. § 1292), which is owned by a state or the City. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment plant. For the purpose of this section and §§ 355-36 to 355-40 of this article, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the City who are, by contract or any other agreement with the Utility, users of the City POTW.
Any person who is recognized in the field of wastewater treatment
as a professional by others in the field.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
The State of Wisconsin.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the administrator of the Act or other
acts.
Any person who contributes, causes or permits the contribution
of wastewater into the City's POTW.
A document issued by the Utility to certain industrial users
in the City to set forth the requirements and limitations for the
industrial user.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through or border upon the state or any portion thereof.
A.
General discharge prohibitions.
(1)
No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the POTW. These general prohibitions apply to all such users of a POTW whether or not the user is subject to national categorical pretreatment standards or any other national, state or local pretreatment standards or requirements. A user may not contribute any of the substances listed in § 355-25C of this article or the following substances to any POTW:
(a)
Any substance which may cause the POTW's effluent
or any other product of the POTW such as residues, sludges or scums
to be unsuitable for reclamation and reuse or to interfere with the
reclamation process. In no case shall a substance discharged to the
POTW cause the POTW to be in noncompliance with sludge use or disposal
criteria, guidelines or regulations developed under § 405
of the Act, any criteria, guidelines or regulations affecting sludge
use or disposal developed pursuant to the Solid Waste Disposal Act,
the Clean Air Act, or the Toxic Substances Control Act, or state criteria
applicable to the sludge management method being used.
(b)
Any wastewater which in coordination with other
wastewater will cause the temperature of the raw wastewater entering
the wastewater treatment plant to exceed 104° F. (40° C.).
B.
National categorical pretreatment standards. Upon
the promulgation of the categorical pretreatment standards for a particular
industrial subcategory, the categorical pretreatment standards, if
more stringent than limitations imposed under this section for sources
in that subcategory, shall immediately supersede the limitations imposed
under this section. The approving authority shall notify all affected
users of the applicable reporting requirements under 40 CFR 403.12.
C.
Modification of national categorical pretreatment
standards. Where the City's wastewater treatment system achieves consistent
removal of pollutants limited by categorical pretreatment standards,
the Utility may apply to the Director for modification of specific
limits in the categorical pretreatment standards. "Consistent removal"
shall mean reduction in the amount of a pollutant or alteration of
the nature of a pollutant in the influent to a POTW to a less toxic
or harmless state in the effluent which is achieved by that POTW.
The Utility may modify pollutant discharge limits in the categorical
pretreatment standards if the requirements contained in 40 CFR 403.7
are fulfilled and prior approval from the Director is obtained.
D.
Specific pollutant limitations. No person shall discharge
wastewater containing in excess of the following:
|
Pollutant
|
Daily Maximum
(milligrams per liter)
|
Monthly Mean
| |
|---|---|---|---|
|
Arsenic
|
0.2
|
n/a
| |
|
Boron
|
0.1
|
n/a
| |
|
Cadmium
|
0.69
|
0.26
| |
|
Chromium (total)
|
2.77
|
1.71
| |
|
Copper (total)
|
3.38
|
2.07
| |
|
Cyanide (total)
|
1.20
|
0.65
| |
|
Lead
|
0.69
|
0.43
| |
|
Magnesium
|
94.0
|
n/a
| |
|
Manganese
|
19.0
|
n/a
| |
|
Mercury
|
0.2
|
n/a
| |
|
Nickel
|
3.98
|
2.38
| |
|
Silver
|
0.43
|
0.24
| |
|
Sulphate
|
940.0
|
n/a
| |
|
Zinc
|
2.61
|
1.48
| |
|
Phenols
|
7.5 mg/l phenol
| ||
|
7.5 mg/l cresol
| |||
|
280.0 mg/l 2-4 dinitrophenal
|
E.
State requirements. State requirements and limitations
on discharges shall apply in any case where they are more stringent
than federal requirements and limitations or those in this section.
F.
Utility's right of revisions. The Utility reserves
the right to petition the City to establish, by ordinance, more stringent
limitations or requirements on discharges to the POTW, if deemed necessary.
G.
Excessive discharge. No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the categorical pretreatment standards or in any other pollutant-specific limitation developed by the Utility or the state. (Comment: Blending may be an acceptable means of complying with some of the prohibitions set forth in § 355-25C of this article, e.g., the pH prohibition.)
H.
Accidental discharges.
(1)
Each user shall have a procedure to prevent accidental
discharge of prohibited materials or other substances regulated by
this article. Facilities to prevent accidental discharge of prohibited
materials shall be provided and maintained at the owner's or user's
own expense.
(2)
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 become aware of the existence of or cause
such a dangerous discharge to occur, or who may suffer from such a
discharge, are advised of the emergency notification procedure.
I.
New and
replacement water softener requirements. All new or replacement residential
water softeners installed shall be subject to the following:
[Added 6-11-2012 by Ord. No. 1048-2012]
(1)
The
City of Mayville is seeking voluntary chloride reduction activities
from all industrial, commercial, and residential sources to have DIR
(demand initiated regeneration) controls and shall meet the high-efficiency
softener standards of the Water Quality Association which are 3,350
grains hardness removed per one pound of salt.
A.
Purpose. It is the purpose of this section to provide
for the recovery of costs for the implementation of the program established
herein. The applicable charges or fees shall be set forth in the Utility's
schedule of charges and fees to be prepared, from time to time, by
the Utility Commission.
B.
Charges.
(1)
The Utility may adopt charges which may include the
following:
(a)
Sampling and laboratory analysis charge. The
Utility shall assess the industrial users a sampling charge and a
laboratory analysis charge to recover the Utility's expenses for sampling
and analyzing the industrial wastewater samples for specific pollutants.
The charges will be the commercial laboratory fees charged in addition
to other fees.
(b)
Additional costs. Additional costs shall be
charged to industrial users on case-by-case basis for consistent removal
by the Utility of pollutants otherwise subject to categorical pretreatment
standards.
A.
Wastewater discharge permits.
(1)
General permits. All existing industrial users who
discharge toxic pollutants, potentially discharge toxic pollutants
or who have the potential of upsetting the POTW shall obtain a wastewater
discharge permit as required by this section. All new industrial users
proposing to connect to or to contribute to the POTW wastewater containing
toxic pollutants or potentially containing toxic pollutants or wastewater
that may potentially upset the POTW shall obtain the wastewater discharge
permit before connecting to or contributing to the POTW.
(2)
Permit application. Users required to obtain a wastewater discharge permit shall complete and file with the Utility Commission an application in the form prescribed by the Commission. Existing users shall submit a permit application for a wastewater discharge permit within 90 days after the effective date of this article and proposed new users shall submit a permit application at least 90 days prior to connecting to or contributing to the POTW. Existing industrial users who will be required to obtain a permit in accordance with Subsection A(1) above after changing their wastewater volume and/or characteristics shall submit a permit application at least 90 days before the proposed process wastewater is discharged to the sewerage system. A one-hundred-eighty-day baseline report can be submitted with the permit application to provide some of the data required for the permit application. New users shall submit estimates for those required items where actual data is not yet available. The permit application shall be signed by an authorized representative of the industrial user and certified to by a qualified professional.
(a)
In support of the application, the user shall
submit, in units and terms appropriate for evaluation, the following
information:
[1]
Name and address, and location if different
from the address.
[2]
SIC number according to the Standard Industrial
Classification Manual, Bureau of the Budget, 1972, as amended.
[3]
Wastewater constituents and characteristics, including but not limited to those mentioned in § 355-36 of this article as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to § 304(h) of the Act and contained in 40 CFR 136, as amended.
[4]
Time and duration of wastewater contribution.
[5]
Average daily and thirty-minute peak wastewater
flow rates, including daily, monthly and seasonal variations, if any,
for users over 50,000 gallons per day.
[6]
Site plans showing sewer connections and appurtenances
by size and location.
[7]
General description of activities, facilities
and plant processes on the premises, including all materials which
are or could be discharged.
[8]
The nature and concentration of any pollutants
in the discharge which are limited by any City, state or national
categorical pretreatment standards and a statement regarding whether
or not the pretreatment standards are being met on a consistent basis
and, if not, whether additional operation and maintenance and/or additional
pretreatment is required for the user to meet applicable categorical
pretreatment standards.
[9]
If additional pretreatment and/or operation
and maintenance will be required to meet the categorical pretreatment
standards, the user shall submit the shortest schedule by which the
user will provide such additional pretreatment. The completion date
in this schedule shall not be later than the compliance date established
for the applicable categorical pretreatment standard. The following
conditions shall apply to this schedule:
[a]
The schedule shall contain increments
of progress in the form of dates for the commencement and completion
of major events leading to the construction and operation of additional
pretreatment required for the user to meet the applicable categorical
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
shall exceed nine months.
[b]
No later than 14 days following
each date in the schedule and the final date for compliance, the user
shall submit a progress report to the Utility Commission, including,
at a minimum, whether or not the user complied with the increment
of progress to be met on such date and, if not, the date on which
the user expects to comply with this increment of progress, the reason
for delay and the steps being taken by the user to return the construction
to the schedule established. In no event shall more than nine months
elapse between such progress reports to the approving authority.
[10]
Hours of operation of plant and proposed or
actual hours of operation of pretreatment system.
(b)
The Commission shall evaluate the data furnished
by the user and may require additional information. After evaluation
and acceptance of the data furnished, the Commission may issue a wastewater
discharge permit subject to terms and conditions provided herein.
(3)
Permit modifications. Within 270 days of the promulgation of national categorical pretreatment standards, the wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standards within the time frame prescribed by such standards. In addition, the user with an existing wastewater discharge permit shall submit to the Commission, within 180 days after the promulgation of applicable national categorical pretreatment standards, the information required by Subsection A(2)(a)[8] and [9] above. Where a user, subject to national categorical pretreatment standards, has not previously submitted an application for a wastewater discharge permit, as required by Subsection A(2) above, the user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable national categorical pretreatment standards. The wastewater discharge permits shall be issued to the users within 90 days after the receipt of the wastewater discharge permit application.[1]
(4)
Permit conditions. Wastewater discharge permits shall
be expressly subject to all provisions of this article and all other
applicable regulations, user charges and fees established by the Commission.
Permits may contain the following:
(a)
The schedule of charges and fees as listed in § 355-37B of this article for the wastewater to be discharged to the POTW.
(b)
Limits on the average and maximum wastewater
constituents and characteristics.
(c)
Limits on average and maximum rate and time
of discharge or requirements for flow regulations and equalization.
(d)
Requirements for installation and maintenance
of inspection and sampling facilities.
(e)
Requirements for installation and maintenance
of pretreatment facilities.
(f)
Specifications for monitoring programs which
may include sampling locations, frequency and method of sampling,
number, types and standards for tests and reporting schedule.
(g)
Compliance schedules.
(i)
Requirements for notification to the Commission
of any new introduction of wastewater constituents or any substantial
change in the volume or character of the wastewater constituents being
introduced into the wastewater treatment system.
(j)
Requirements for maintaining and retaining plant
records relating to wastewater discharge, as specified by the Commission,
and affording Utility access thereto.
(l)
Other conditions as deemed appropriate by the
Commission to ensure compliance with this article.
(5)
Permit duration. Permits shall be issued for a four-year period. The user shall apply for permit reissuance a minimum of 90 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the Commission during the term of the permit as limitations or requirements identified in § 355-36 of this article are modified or as other just causes exist. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(6)
Permit transfer. 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, different premises or a new or changed operation without
prior written approval of the Commission. Any succeeding owner or
user shall also comply with the terms and conditions of the existing
permit.
B.
Reporting requirements for permittee.
(1)
Compliance data report. Within 90 days following the
date of final compliance with applicable categorical pretreatment
standards or, in the case of a new source, following commencement
of the introduction of wastewater into the POTW, any user subject
to categorical pretreatment standards and pretreatment requirements
shall submit to the Utility Commission a report indicating the nature
and concentration of all pollutants in the discharge from the regulated
process which are limited by categorical pretreatment standards and
requirements and the average and maximum daily flow for these process
units in the user's facility which are limited by such categorical
pretreatment standards and requirements. The report shall state whether
the applicable categorical pretreatment standards and requirements
are being met on a consistent basis and, if not, what additional operation
and maintenance and/or pretreatment is necessary to bring the user
into compliance with the applicable categorical pretreatment standards
and pretreatment requirements. This statement shall be signed by an
authorized representative of the user and certified to by a qualified
professional.
(2)
Periodic compliance reports.
(a)
Any user subject to a pretreatment standard
after the compliance date of such categorical pretreatment standards
or, in the case of a new source, after commencement of the discharge
into the POTW shall submit to the Utility Commission, during the months
of June and December of each year, unless required more frequently
in the categorical pretreatment standard or by the Commission, a report
indicating the nature and concentration of pollutants in the effluent
which are limited by such categorical pretreatment standards. In addition,
this report shall include a record of all daily flows which, during
the reporting period, exceeded the average daily flow. At the sole
discretion of the Commission and in consideration of such factors
as local high or low flow rates, holidays, budget cycles, etc., the
Commission may agree to alter the months during which the above reports
are to be submitted. These statements shall be signed by an authorized
representative of the user and certified to by a qualified professional.
(b)
The Commission may impose mass limitations on users who are using dilution to meet applicable categorical pretreatment standards or pretreatment requirements or in other cases where the imposition of mass limitations is appropriate. In such cases, the report required by Subsection B(2)(a) above shall indicate the mass of pollutants regulated by categorical pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the approving authority of pollutants contained therein which are limited by the applicable categorical pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standards. All analyses shall be performed in accordance with procedures established in Standard Methods for the Examination of Water and Wastewater, 15th Edition, 1981, and/or established by the Department of Natural Resources (DNR) pursuant to § 304(h) of the Act and contained in 40 CFR 136 and amendments thereto or with any other test procedures approved by the DNR. Sampling shall be performed in accordance with the techniques approved by the DNR. (Comment: Where 40 CFR 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication "Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April, 1977," and amendments thereto, or with any other sampling and analytical procedures approved by the DNR.)
C.
Pretreatment. Users shall provide necessary wastewater
treatment as required to comply with this article and shall achieve
compliance with all national categorical pretreatment standards within
the time limitations as specified by the federal pretreatment regulations.
Any facilities required to pretreat wastewater to a level acceptable
to the Commission shall be provided, operated and maintained at the
user's expense. Detailed plans showing the pretreatment facilities
and operating procedures shall be submitted to the Commission for
review and shall be acceptable to the Commission before construction
of the facility. The review of such plans and operating procedures
shall in no way relieve the user from the responsibility and/or expense
of modifying the facility as necessary to produce an effluent acceptable
to the Commission under the provisions of this article. Any subsequent
changes in the pretreatment facilities or method of operation shall
be reported to and be acceptable to the Commission prior to the user's
initiation of the changes. All records relating to compliance with
categorical pretreatment standards shall be made available to officials
of the EPA or the Director upon request.
D.
Confidential information.
(1)
Information and data on a user obtained from reports,
questionnaires, permit applications, permits and monitoring programs
and from inspection shall be available to the public and governmental
agencies without restriction unless the user specifically requests
and is able to demonstrate to the satisfaction of the Commission that
the release of such information would divulge information, processes
or methods of production entitled to protection as trade secrets of
the user.
(2)
When requested by the person furnishing a report,
the portions of a report which might disclose trade secrets or secret
processes shall not be made available upon written request to governmental
agencies for uses related to this article, the WPDES permit, the state
disposal system permit and/or the pretreatment programs; provided,
however, that such portions of a report shall be available for use
by the state or any state agency in judicial review or enforcement
proceedings involving the person furnishing the report. Wastewater
constituents and characteristics will not be recognized as confidential
information.
(3)
Information accepted by the Utility Commission as
confidential shall not be transmitted to any governmental agency or
to the general public by the Commission until and unless a notification
of five working days is given to the user.
E.
Sludges generated. Sludges, floats, skimmings, etc.,
generated by an industrial or commercial pretreatment system shall
not be placed into the City POTW. Such sludges shall be contained,
transported and disposed of by haulers in accordance with all federal,
state and local regulations.
F.
Records retention. All dischargers subject to this
article shall maintain records of all monitoring activities and results,
whether or not such monitoring is required under this article, for
a minimum of three years. This period of retention shall be extended
during the course of an unresolved litigation or when requested by
the Commission, the EPA or the state. Such records shall include,
for all samples, the following:
A.
Slug or accidental discharges.
(1)
Users shall notify the Utility immediately upon having a slug or accidental discharge of substances or wastewater in violation of this article in order to enable countermeasures to be taken by the Utility to minimize damage to the POTW and the receiving waters. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions. The Commission may choose to immediately take action pursuant to Subsection E below.
(2)
Within five days following an accidental discharge, the user shall submit to the Director of the Utility a detailed written report describing the cause of the discharge and the 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 persons or property, nor shall such notification relieve the user of any forfeitures, civil penalties or other liability which may be imposed by this article or other applicable law. After receipt and review of the written report, the Commission may choose to take no further action or to take action in accordance with Subsection C below and/or Subsection D and/or Subsection E below.
B.
Revocation of wastewater discharge permit.
(1)
Any user who violates any of the following conditions, conditions of this article or applicable state and federal regulations is subject to having his permit revoked, in accordance with the procedures of Subsections C and D below.
(a)
Failure of a user to factually report the wastewater
constituents and characteristics of his discharge.
(b)
Failure of the user to report significant changes
in operations or wastewater constituents and characteristics.
(c)
Refusal of reasonable access to the user's premises
for the purpose of inspection or monitoring.
(d)
Violation of conditions of the permit.
(e)
Is found tampering or to have tampered with
sampling or flow measurement equipment, samples and/or analyses being
conducted by or at the direction of the Commission.
(2)
The Utility Commission may also suspend the wastewater
treatment service and/or a wastewater discharge permit when such suspension
is necessary, in the opinion of the Commission, in order to stop an
actual or threatened discharge which presents or may present an imminent
or substantial endangerment to the health or welfare of persons or
to the environment, or causes interference to the POTW, or causes
the City to violate any condition of the WPDES permit.
(3)
Any user notified of a suspension of the wastewater
treatment service and/or the wastewater discharge permit shall immediately
stop or eliminate the contribution. In the event of a failure of the
user to comply voluntarily with the suspension order, the Commission
shall take such steps as deemed necessary, including immediate severance
of the sewer connection, to prevent or minimize damage to the POTW
system or endangerment to any individuals. The Commission shall reinstate
the wastewater discharge permit and/or the wastewater treatment service
upon proof of the elimination of the noncomplying discharge.[1]
C.
Notification of violation. Whenever the Commission finds that any user has violated or is violating this article, the wastewater discharge permit or any prohibition, limitation or requirements contained herein, the Commission may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the Commission by the user. If the plan is satisfactory to the Commission and the user fully complies with the plan, the Commission may not take further action against the user. If the user does not fully comply with the plan, the Commission, subject to the approval of the Council, may take action in accordance with Subsection E below.
D.
Show cause hearing.
(1)
Notice of the hearing. The Director of Utilities may
order any user who causes or allows an unauthorized discharge to enter
the POTW to show cause before the Utility Commission why the proposed
enforcement action should not be taken. A notice shall be served on
the user specifying the time and place of a hearing to be held by
the Commission regarding the violations, the reasons why the action
is to be taken, and the proposed enforcement action and directing
the user to show cause before the Commission why the proposed enforcement
action should not be taken. The notice of the hearing shall be served
personally or by registered or certified mail, return receipt requested,
at least 10 days before the hearing. The notice of the hearing may
be served on any agent or officer of a corporation.
(2)
Hearing officials. The Utility Commission may itself
conduct the hearing and take the evidence or may designate any of
its members or any officer or employee of the assigned department
to:
(a)
Issue, in the name of the Commission, notices
of hearings requesting the attendance and testimony of witnesses and
the production of evidence relevant to any matter involved in such
hearings.
(b)
Take the evidence.
(c)
Transmit a report of the evidence and hearing,
including transcripts and other evidence, together with recommendations
to the Commission for action thereon.
(3)
Transcript. At any hearing held pursuant to this article,
testimony taken must be under oath and recorded stenographically.
The transcript, so recorded, shall be made available to any member
of the public or any party to the hearing upon payment of the usual
charges therefor.
(4)
Issuance of orders. After the Commission has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed or existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued. If the user violates an order, the Commission may take action in accordance with Subsection E below.
E.
Legal action. If any user discharges sewage, industrial wastes or other wastes into the City's POTW contrary to the provisions of this article, federal or state pretreatment requirements, or any order of the Utility, the City Attorney may commence an action for appropriate legal and/or equitable relief in the appropriate court. The City may take further action pursuant to Subsection B above and/or § 355-40 of this article.
F.
Operating upsets. Any discharger who experiences an upset in operations which places the discharger in a temporary state of noncompliance with this article or a wastewater discharge permit issued pursuant hereto shall inform the Director of Utilities thereof within 24 hours of first awareness of the commencement of the upset. The Commission may choose to immediately take action, pursuant to Subsection E above. Where such information is given orally, a written follow-up report thereof shall be filed by the discharger with the Commission within five days.
(1)
The report shall specify the following:
(a)
Description of the upset, the cause thereof
and the upset's impact on a discharger's compliance status.
(b)
Duration of noncompliance, including exact dates
and times of noncompliance, and, if the noncompliance continues, the
time by which compliance is reasonably expected to occur.
(c)
All steps taken or to be taken to reduce, eliminate
and prevent recurrence of such an upset or other conditions of noncompliance.
(2)
A documented and verified bona fide operating upset shall not be an affirmative defense to any enforcement action brought by the Utility against a discharger for any noncompliance with this article or any wastewater discharge permit issued pursuant hereto which arises out of violations alleged to have occurred as a result of damage to the POTW, fish kills or any other damage to persons or property, nor shall such notification relieve the user of any forfeitures, civil penalties or other liability which may be imposed by this article or other applicable law. After receipt and review of the written report, the Utility may choose to take no further action or to take action in accordance with Subsection C and/or Subsection D and/or Subsection E above.
G.
Annual publication. A list of the users who during
the preceding 12 months were significantly violating applicable pretreatment
requirements or standards shall be annually published in a local newspaper.
A significant violation is a violation which remains uncorrected 45
days after notification of noncompliance, a violation which includes
a pattern of noncompliance over the twelve-month period or a violation
which includes the failure of the user to accurately report noncompliance.
The notification shall also summarize any enforcement actions taken
against the user during the same 12 months.
A.
Civil penalties. Any user who is found to have violated
an order of the Utility Commission or who willfully or negligently
failed to comply with any provision of this article and orders, rules,
regulations and permits issued hereunder shall be subject to a forfeiture
of not less than $200 nor more than $1,000 for each offense. In addition
to the penalties provided herein, the Utility may recover reasonable
attorney fees, court costs, court reporter fees and other expenses
of litigation by appropriate suit at law against the person found
to have violated this article or the orders, rules, regulations and
permits issued hereunder. In default of payment of such forfeiture
and costs, said violator may be imprisoned for a period not to exceed
90 days.
B.
Costs of damage. Any user violating any of the provisions
of this article or who has a discharge which causes a deposit, obstruction,
damage or other impairment to the City POTW shall become liable to
the Utility for any expense, loss or damage caused by the violation
or discharge. The Utility may add to the user's charges and fees the
costs assessed for any cleaning, repair or replacement work caused
by the violation or discharge. Any refusal to pay the assessed costs
shall constitute a violation of this article.
C.
Falsifying information. Any person who knowingly makes
any false statement, representation or certification in any application,
record, report, plan or other document filed or required to be maintained
pursuant to this article or the wastewater discharge permit or who
falsifies, tampers with, or knowingly renders inaccurate any monitoring
device, sample or method required under this article shall, upon conviction,
forfeit not less than $200 nor more than $1,000. In addition to the
penalties provided herein, the Utility may recover reasonable attorney
fees, court costs, court reporter fees, and other expenses of litigation
by appropriate suit at law against the person found to have violated
this article or the orders, rules, regulations and permits issued
hereunder. In default of payment of such costs, said violator may
be imprisoned for a period not to exceed 90 days.
