Delano Municipal Code Ch. 13.44 Industrial Waste Disposal

All industrial users proposing to connect to or discharge into the city's sewer shall obtain a wastewater discharge permit before connecting to or discharging into the city's sewer. All existing industrial users shall obtain a wastewater discharge permit within one hundred eighty days after the effective date of the ordinance codified in this chapter. All discharge permits are subject to all provisions of this chapter and all other regulations, charges for use and fees established by the city. The conditions of wastewater discharge permits shall be uniformly enforced by the city in accordance with this chapter and all applicable state and federal regulations.

(Ord. 1153 §5 (Att. C (part)), 2006).

A. A permit shall be required of all users granted temporary permission to discharge unpolluted water, storm drainage, and groundwater into the community sewer. This temporary permit may be granted when no alternative method of disposal is reasonably available. The provisions of Section 13.24.030 (Prohibited discharges) of this title pertaining to wastewater strength and characteristics shall apply.

B. Users granted permission to discharge wastes of uncertain effect upon the treatment process may require bonding from the city.

(Ord. 1153 §5 (Att. C (part)), 2006).

All waste haulers discharging septic wastes into the POTW shall obtain a waste hauler discharger permit. The provisions of Section 13.24.030 (Prohibited discharges) of this title pertaining to wastewater strength and characteristics shall apply. Waste haulers shall also be subject to all state, county, and RCRA regulations related to waste disposal.

(Ord. 1153 §5 (Att. C (part)), 2006).

Users seeking a wastewater discharge permit shall complete and file, with the director an application in the form prescribed by the director. The applicant may be required to submit, in units and terms appropriate for evaluation, the following information:

A. Name, address, a SIC number of applicant;

B. Names of executive officers;

C. Type of business and products produced;

D. Wastewater constituents and characteristics including, but not limited to, those mentioned in Section 13.24.030 of this title as determined by laboratory approved by the city;

E. Time and duration of discharge;

F. Total, average, and peak wastewater flow rates, including daily, monthly, and seasonal variations; site plans, floor plans, mechanical and plumbing and details to show all sewers and appurtenances by locations and elevation, including:

1. Pretreatment equipment,

2. Grease, oil, and sand interceptors,

3. Backflow prevention devices,

4. Chemical storage areas,

5. Spill containment structures,

6. Location of stormwater system,

7. Hazardous waste management;

G. Material safety data sheets for chemicals stored on the premises;

H. Spill prevention and control measures.

Other information may be required to properly evaluate the permit application. After evaluation and acceptance of the information supplied, the city may issue the appropriate permit to discharge wastewater.

(Ord. 1153 §5 (Att. C (part)), 2006).

Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other ordinances, regulations, charges and fees established by the city. The conditions of wastewater discharge permits shall be uniformly enforced by the director in accordance with this chapter, and applicable state and federal regulations. Permits may contain the following:

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

B. The average and maximum allowable wastewater constituents and characteristics;

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

D. Requirements for installation of monitoring, inspection, and sampling facilities;

E. Pretreatment requirements;

F. Specifications for monitoring programs which may include sampling locations, frequency, and method of sampling, number, types, standards for tests reporting schedule, and frequency of calibration of flow-monitoring equipment and other required instrumentation;

G. Requirements for submission of technical reports or discharge reports;

H. Requirements for maintaining plant records relating to wastewater discharge as specified by the city and affording the city access thereto;

I. Mean and maximum mass emission rates, or other appropriate limits when incompatible pollutants (as in the user's wastewater discharge);

J. Other conditions as deemed appropriate by the city to ensure compliance with this chapter; and

K. Requirements for maintaining manifests, hazardous, or pretreatment wastes.

(Ord. 1153 §5 (Att. C (part)), 2006).

All permits shall be issued for a period of one year, unless determined otherwise by the director. All users must apply for permit renewal a minimum of ninety days prior to the expiration of the existing permit.

(Ord. 1153 §5 (Att. C (part)), 2006).

A. Within ninety days of the promulgation of a federal categorical pretreatment standard, the wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a federal categorical pretreatment standard, has not previously submitted an application for a wastewater discharge permit, the user shall apply for a wastewater discharge permit within ninety days after the promulgation of the applicable federal categorical pretreatment standard.

B. The terms and conditions of the permit may be subject to modification by the city during the term of the permit as limitations or requirements are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least thirty days prior to the effective date of change. Any change or new conditions in the permit shall include a reasonable time schedule for compliance.

(Ord. 1153 §5 (Att. C (part)), 2006).

Special agreements between the city and any persons or agencies may be established when, in the opinion of the city, unusual or extraordinary circumstances compel special terms and conditions. Such special agreements may contain special provisions relating to the particular industry with which the agreement is made. All such agreements shall be subject to meeting provisions of all regulating agencies, including the federal categorical pretreatment standards.

(Ord. 1153 §5 (Att. C (part)), 2006).

Industrial wastewater discharge permits for dischargers located outside of the city's service area but tributary to the city's sewerage facilities, may be issued by the local sewer agency after approval by the city and/or through special agreement. Inspection of the discharger's plant to determine compliance with industrial waste discharge regulations will be made under a coordinated plan of inspection developed by the affected agencies. Industrial waste discharge regulations and effluent limitation of affected agencies will apply to the discharger unless one agency specifically waives its requirements. The discharger must meet federal categorical limits.

(Ord. 1153 §5 (Att. C (part)), 2006).

A. Any industrial user who performs the following actions, or who violates any condition of its permit, or of applicable state and federal regulations, is subject to having its permit revoked.

1. A person knowingly giving false statements, representation of records, reports, plans, or other documents to the city or falsifying, tampering, or knowingly rendering inaccurate any monitoring device or method required under this chapter;

2. Failure of the user to report significant changes in operations or wastewater constituents and characteristics;

3. Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring;

4. Violation of the permit requirements or condition and/or violations of this chapter;

5. Failure to pay fees and charges for the use of the city's sewerage facilities as established pursuant to this chapter.

B. When the director or his designated representative has reason to believe that any grounds as enumerated in subsection A of this section exist for the revocation of a permit, a notice shall be sent to the permittee by certified mail. The notice shall set forth the time and place where the charges shall be heard by the director or such person as may be designated by the director. The hearing date shall not be less than fifteen days from the mailing of such notice by certified mail to the permittee as shown on the permit. At the hearing, the permittee shall have an opportunity to respond to the allegations set forth in the notice.

C. After the hearing, the director or his designee shall make his determination and should he find grounds exist for the revocation of the permittee's permit, he shall have the right to revoke that permit. In such event, the director shall immediately refer the matter to the council without need for permittee to appeal. The decision shall be reduced to writing within thirty days after submission of the cause by the parties thereto, and shall contain a brief statement of facts found to be true, the order of the director or other person sitting as hearing officer. A copy shall be mailed or delivered to the permittee or his legal counsel.

D. The determination of the director or his designee shall be final in all respects fifteen days after mailing his decision to permittee; provided, however, if reconsideration or appeal to the city council is sought by permittee pursuant to Section 13.44.110 (Appeal for permit revocation) of this chapter, the decision is final on the date that reconsideration is decided or the decision rendered by the city council.

E. The revocation hearing shall be conducted in accordance with procedures established by the utilities director and approved by the city attorney.

(Ord. 1153 §5 (Att. C (part)), 2006).

A. Any user, permit applicant, or permit holder affected by any decision, action, or determination made by the director interpreting or implementing the provisions of this chapter or in any permit issued herein, may file with the director a written request for reconsideration within ten days setting forth in detail the facts supporting the user's request for reconsideration. Such facts must include a statement listing newly discovered relevant facts that were not known or available to the user at the date of the hearing. The utilities director shall render a decision on the request for reconsideration to the user, permit applicant or permit holder in writing within fifteen days of receipt of request. If the ruling on the request for reconsideration made by the utilities director is unacceptable, the person requesting reconsideration may, within ten days after the date of notification of the utilities director's action, file a written appeal to the city council.

B. A fee of one hundred dollars shall accompany any appeal to the city council of the city. This fee may, at the sole discretion of the city council, be refunded if the final appeal ruling is in favor of the appellant.

C. The written appeal shall be heard by the city council within thirty days from the date of filing. The city council shall make a final ruling on the appeal within fifteen days from the date of hearing the appeal.

(Ord. 1153 §5 (Att. C (part)), 2006).

In the event of demands upon the sewerage system by several applicants which in the aggregate exceed the surplus capacity of such sewerage system, the engineer shall prorate among the several applicants the available carrying and treatment capacity upon an equitable basis, taking into consideration the total amount of industrial wastes of each applicant and the character and quantity of such wastes.

(Ord. 1153 §5 (Att. C (part)), 2006).

When required by the engineer, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable inspection manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. The piping to and from the manhole or sampling compartment shall be arrayed so that observations may be made of all of the industrial liquid waste flow prior to admixture with domestic sewage and so that the industrial liquid waste flow may be plugged off without impeding the flow of domestic sewage. Such manhole, when required, shall be accessible and safely located and shall be constructed in accordance with plans approved by the engineer. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.

(Ord. 1153 §5 (Att. C (part)), 2006).

All measurements, tests, and analysis of the characteristics of waters and wastes to which reference is made in this chapter and Chapters 13.12 through 13.40 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 shall be determined at the inspection manhole provided, or upon suitable samples taken at the inspection manhole. In the event that no special manhole has been required, the inspection manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. (The particular analysis involved will determine whether a twenty-four hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, B.O.D. and suspended solids analysis are obtained from twenty-four hour composites of all outfalls whereas pH's are determined from period grab samples.)

(Ord. 1153 §5 (Att. C (part)), 2006).

The engineer may require the person to whom an industrial liquid waste permit has been issued to install a measuring device at that person's expense, so that the measurement of the flow may be made. If there is a possibility of the industrial liquid waste consisting of low pH acid waste or high pH basic waste, the engineer may require the installation of pH recording equipment at that person's expense, and if such recording equipment is required and installed, the record shall be submitted to the engineer. The engineer may require a person to whom an industrial liquid waste permit is issued to provide, at his own expense, for inspection of the quality of the industrial liquid waste or performance of industrial liquid waste pretreatment facilities by an impartial third party, which party shall meet the approval of the engineer. Such third party shall furnish to the engineer a signed copy of such report. The engineer may require a person to whom an industrial liquid waste permit is issued to report to him from time to time the nature and amount of materials processed by the industry and such other information as the engineer may find necessary to evaluate the effect of industrial liquid waste on the public sewer.

(Ord. 1153 §5 (Att. C (part)), 2006).

Whenever an applicant seeks a permit for a connection which will principally discharge industrial wastes, the engineer may as a condition to granting such permit require that industrial wastes be discharged separately from sanitary sewage into a manhole on the main line.

(Ord. 1153 §5 (Att. C (part)), 2006).

If a person to whom an industrial liquid waste permit is issued desires to make any alterations in his pretreatment facilities or alteration of connections to the sewer, or if such person desires to discharge additional industrial liquid waste into a main line sewer in excess of the amount previously authorized or desires to discharge into a main line sewer industrial liquid waste of a different kind or character than previously authorized, he shall file an application for such a change with the engineer, and request that a new permit be issued.

(Ord. 1153 §5 (Att. C (part)), 2006).

An application for permission to construct a sewage pumping plant shall be accompanied by such plans or layout as the engineer or inspector may require. An application for a sewage pretreatment plant or special facilities to make industrial liquid waste acceptable as provided in this chapter and Chapters 13.12 through 13.40 of this title shall be accompanied by three copies of the plans showing the method of collection and pretreatment to be used. The engineer and inspector shall check the plans and if the same comply with the provisions of this chapter, all other applicable statutes and ordinances and are adaptable to the sewage system of the city the inspector shall approve such plans. The approval of such plans by the inspector shall not be construed as approving the adequacy or efficiency of any pumping plant, pretreatment plant or special facilities. It shall be the responsibility of the applicant to provide facilities which will meet the requirements of this chapter and all other laws or ordinances applicable to the discharge of sewage into a public sewer.

(Ord. 1153 §5 (Att. C (part)), 2006).

Every industrial liquid waste pretreatment plant shall be equipped with an adequate fresh water supply readily available for diluting and flushing. All sewer connections shall be thoroughly flushed after discharge of industrial liquid waste.

(Ord. 1153 §5 (Att. C (part)), 2006).

The requirements contained in this chapter and Chapters 13.12 through 13.40 of this title covering the maintenance of sanitary sewage treatment sewage pumping plants, industrial liquid waste pretreatment plants, interceptors or other appurtenances shall apply to all such facilities now existing or hereafter constructed. All such facilities shall be maintained by the owners thereof in a safe and sanitary condition and all devices or safeguards which are required by this chapter and Chapters 13.12 through 13.40 for the operation of such facilities shall be maintained in good working order. This chapter shall not be construed as permitting the removal or nonmaintenance of any device or safeguards or existing facilities unless authorized in writing by the engineer.

(Ord. 1153 §5 (Att. C (part)), 2006).

As a condition of the permit, all industrial users shall be required to meet federal pretreatment requirements as prescribed for the specific industries in the Federal Register. Should more stringent pretreatment requirements be prescribed by state or local authorities, then those requirements shall be met. Failure to comply with pretreatment requirements shall be grounds for revocation of the disposal permit as prescribed in Sections 13.44.320 and 13.44.330 of this chapter.

Users shall provide pretreatment facilities if they are necessary in order to comply with the pretreatment standards of this chapter.

A. Approval of Proposed Pretreatment Facilities. Plans, specifications, and any other pertinent information related to proposed pretreatment facilities for significant users shall be submitted to the city. Other users may be requested by the city to submit plans, specifications, and any other pertinent information related to proposed pretreatment facilities. Construction of such facilities prior to acceptance by the city may be done solely at the risk of the user. This acceptance shall in no way relieve the user of the obligation to install, operate, maintain and, if necessary, modify the pretreatment facilities to maintain compliance with the pretreatment requirements.

Pretreatment facilities shall be constructed so as to provide the following:

1. Prevention of prohibited discharges from entering a sewer;

2. Control of the quantities and rates of discharge of nondomestic sewage into a sewer; and

3. An accessible entry so that any authorized employee of the city may readily and safely inspect and monitor the nondomestic discharges.

B. Pretreatment Facilities to be Maintained. Pretreatment facilities shall be maintained in satisfactory and effective operation by the user at the user's expense. Operation and maintenance records shall be maintained by the user as specified in the user's discharge permit.

C. Accidental Discharge/Slug Control Plans. Users discharging nondomestic wastewater into the POTW shall provide protection from the accidental discharge of prohibited wastes. Prior to the commencement of any nondomestic discharge and at least once every two years, the city shall evaluate whether each significant user requires an accidental discharge/slug control plan. The director may require any user to develop, submit for approval, and implement such a plan. Alternatively, the director may develop such a plan for any user. Each plan shall include the following as a minimum:

1. Description of discharge practices, including nonroutine batch discharges;

2. Description of stored chemicals;

3. Procedures for immediately notifying the director of any accidental or slug discharge, as required by this chapter;

4. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, measures and equipment for emergency response and any other procedures deemed necessary to prevent accidental slug discharges from entering the POTW.

D. Additional Pretreatment Measures.

1. Whenever deemed necessary, the city may require user to restrict their discharge during peak-flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this chapter.

2. Grease, oil and sand interceptors shall be provided when deemed necessary by the city for the proper handling of wastewater containing excessive amounts of grease and oil or sand. Such interceptors shall not be required for residential users. All interception units shall be of type and capacity approved by the city and shall be so located to be easily accessible for cleaning an inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at the user's expense.

3. Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.

(Ord. 1153 §5 (Att. C (part)), 2006).

Industrial waste permits issued under this chapter and Chapters 13.12 through 13.40 of this title are not transferable except as otherwise provided in this chapter and Chapters 13.12 through 13.40.

(Ord. 1153 §5 (Att. C (part)), 2006).

Industrial waste permits may be transferred provided that a letter is written to the engineer and signed by both the permittee and the successor in interest to the permittee stating the following:

A. The type of business will remain the same as stated in the permit;

B. No additional sewer connections will be required;

C. The quantity and quality of the industrial waste will remain as stated in the permit;

D. The successor in interest's name, company name, address and telephone number.

Provided the above conditions are complied with and the adequacy or efficiency of any permit transfer, the engineer shall issue, in writing, permission for the transfer.

(Ord. 1153 §5 (Att. C (part)), 2006).

If the person to whom the transfer is made desires to change the character or increase the amount of the industrial waste discharged to the public sewer or, if additional connections to the sewer are to be made, from that stated on the original permit, such person shall apply for and obtain a new permit as provided for in this chapter and Chapters 13.12 through 13.40 of this title.

(Ord. 1153 §5 (Att. C (part)), 2006).

All wastewater, as defined elsewhere in this chapter and Chapters 13.12 through 13.40 of this title, shall be treated, reclaimed or disposed of in a manner prescribed by the applicable chapter of the Municipal Code, Uniform Plumbing Code or as stated in this chapter and Chapters 13.12 through 13.40. The applicant for a wastewater permit shall furnish all information required by the engineer and/or inspector. The inspector, if he deems it necessary, may require plans of the proposed plumbing connection, interceptor and other appurtenances. If the applicant complies with all regulations and ordinances of the city, the engineer and/or inspector may issue a revocable permit to the applicant. Conditions and/or restrictions may be added to the permit as deemed necessary by the engineer and/or inspector in order that the public sewer may serve its intended purpose.

(Ord. 1153 §5 (Att. C (part)), 2006).

The engineer may require that wastewater discharged into a public sewer be routed through an interceptor, which interceptor shall be constructed and maintained by the person to whom a wastewater permit is issued. The design of such interceptor shall meet with the approval of the engineer. The interceptor shall at all reasonable times be available and accessible to the engineer or other persons authorized by law to make such inspections. The piping to and from any interceptor shall be arranged so that wastewater will flow through the interceptor prior to a mixture with domestic sewage and so that wastewater flow may be plugged off without impeding the flow of domestic sewage. If an interceptor is required, the person to whom a wastewater disposal permit is issued shall provide an interceptor of sufficient size and capacity so that wastewater will be detained in the interceptor for at least one-half hour at maximum flow. The interceptor shall be water-tight and structurally sound and durable. It shall be easily accessible for cleaning by permittee and for inspection by the engineer and/or inspector or other authorized personnel. The failure of a person to keep the interceptor in proper working condition shall constitute grounds for termination of the revocable permit and the capping or plugging of the wastewater connecting sewer. An interceptor shall not be considered as properly maintained if sand and oil accumulations total more than twenty-five percent of the operating fluid capacity.

(Ord. 1153 §5 (Att. C (part)), 2006).

The engineer and/or inspector may require that all wastewater discharged into a public sewer maintained by the city be routed through a manhole or sampling compartment which shall be constructed and maintained by the person to whom a wastewater permit is issued. The design of such manhole or sampling compartment shall meet with the approval of the engineer. The manhole or sampling compartment shall be available and accessible at all times to the engineer and/or inspector or other persons authorized by law to make such inspections. The piping to and from the manhole or sampling compartment shall be arranged so that observations may be made of all of the wastewater flow prior to admixture with domestic sewage and so that the wastewater flow may be plugged off without impeding the flow of domestic sewage.

(Ord. 1153 §5 (Att. C (part)), 2006).

Grease, oil and sand interceptors shall be provided when, in the opinion of the engineer and/or inspector, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, 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 engineer and/or inspector, and shall be located as to be readily and easily accessible for cleaning and inspection.

(Ord. 1153 §5 (Att. C (part)), 2006).

Any interceptor properly installed before the effective date of the ordinance codified in this chapter shall be acceptable; provided, such interceptor is effective in removing sand and oil and is so designed and installed that it may be inspected and properly maintained. If the engineer and/or inspector find that such interceptor is incapable of retaining adequately the sand and oil in the wastewater flow, he shall refuse to issue a wastewater disposal permit until an interceptor is provided which will meet the requirements of this chapter and Chapters 13.12 through 13.40 of this title.

(Ord. 1153 §5 (Att. C (part)), 2006).

No person operating a vehicle wash rack shall permit any water or effluent therefrom, to flow into any public sewer or house connection sewer unless such wash rack is so constructed that rainwater and surface drainage will not flow into the wash rack area. The wash rack shall meet all requirements of Section 710 of the Uniform Plumbing Code, unless the engineer approves exceptions thereto.

(Ord. 1153 §5 (Att. C (part)), 2006).

If a person to whom a wastewater disposal permit has been issued desires to discharge additional wastewater into a main line sewer in excess of the amount previously authorized, he shall file an application and request the engineer and/or inspector to issue a new permit.

(Ord. 1153 §5 (Att. C (part)), 2006).

If the engineer and/or inspector finds that the person to whom an industrial liquid waste permit or a wastewater disposal permit has been issued has not complied with the provisions of the permit, or has failed to comply with the provisions of this chapter or Chapters 13.12 through 13.40 of this title, or other applicable ordinances or statutes governing the discharge of industrial liquid waste or wastewater into a main line sewer, or such person supplied false or misleading information in his application or if the discharge of industrial liquid waste or wastewater into a main line sewer causes a nuisance in the operation of a main line sewer, the engineer or inspector may give such person a ten-day notice, in writing, specifying the manner in which such person has failed to comply with the provisions of the permit, or the manner in which the discharge constitutes an unreasonable burden in the operation of a main line sewer. If such person within the time specified in the notice does not remedy the condition, or conditions, specified in the notice, the engineer may revoke the permit and cause to be capped the industrial liquid waste outlet or the wastewater outlet so that industrial liquid waste or wastewater disposal will not be discharged into a main line sewer.

(Ord. 1153 §5 (Att. C (part)), 2006).

If, after an industrial liquid waste disposal permit or a wastewater disposal permit has been issued, the engineer ascertains that the capacity of the main line sewer into which industrial liquid waste or wastewater is discharged is insufficient to handle the sewage sought to be discharged into such main line sewer, the engineer may, after the delivery of at least a ten-day notice, in writing, to the person to whom such industrial liquid waste disposal permit or wastewater disposal permit has been issued, either:

A. Cancel the permit previously issued authorizing the discharge of industrial liquid waste or wastewater into a main line sewer;

B. Modify any such permit by reducing the amount of industrial liquid waste or wastewater which may be discharged into a main line sewer; or

C. Limit the period of time during which industrial liquid waste or wastewater may be discharged into a main line sewer.

(Ord. 1153 §5 (Att. C (part)), 2006).

If the discharge of industrial liquid waste or wastewater into a main line sewer pursuant to a permit issued by the engineer results in increased sewer maintenance costs to the city, the person to whom an industrial liquid waste permit or a wastewater disposal permit has been issued, shall reimburse the city for any increase in maintenance costs resulting from such discharge. If the engineer ascertains that increased maintenance costs have resulted from the discharge of industrial liquid waste or wastewater into a main line sewer, the engineer shall prepare and deliver to the person to whom the industrial liquid waste disposal permit or wastewater disposal permit has been issued, a statement of such increased maintenance cost and such person shall pay the sum to the engineer within fifteen days after the presentation of such statement. Fee schedule for COD surcharge is listed in Section 13.44.440 of this chapter. Till such time as fee schedules for other pollutants are added on to Section 13.44.440 of this chapter, fee surcharges for other pollutants shall be determined by the city on a case-by-case basis. Users will also be subject to costs incurred due to inspection, monitoring, sampling and analysis as stated under Section 13.44.470 of this chapter.

(Ord. 1153 §5 (Att. C (part)), 2006).

The engineer and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all wastewater facilities of all properties served by the city for purposes of inspection, observation, measurement, sampling, testing, inspection and copying of records or documents, or any other duty in accordance with the provisions of this chapter.

(Ord. 1153 §5 (Att. C (part)), 2006).

A. Users who propose to discharge, or who in the judgment of the city could discharge now or in the future, wastewater with constituents and characteristics different from that produced by a dwelling unit may be required to install a monitoring facility.

B. When more than one user can discharge into a common building sewer, the city may require installation of a separate monitoring facility for each use. When, in the judgment of the city there is a significant difference in wastewater constituents and characteristics produced by different operations of a single user, the city may require that separate monitoring facilities be installed for each separate discharge.

C. Monitoring facilities that are required to be installed shall be constructed, operated, and maintained at the user's expense. The purpose of the facility is to enable inspection, sampling, and flow measurement of wastewaters produced by a user. If sampling or metering equipment is also required by the city, it shall be provided, installed, and operated at the user's expense. The monitoring facility will normally be required to be located on the user's premises outside of the building. The city may, however, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the street or sidewalk area, with the approval of the city and located so that it will not be obstructed by landscaping or parked vehicles.

D. If the monitoring facility is inside the user's fence, there shall be accommodations to allow safe and immediate access for city personnel, such as a gate secured with a city lock. There shall be ample room in or near such facility to allow accurate sampling and compositing of samples for analysis. The entire facility and the sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition by and at the expense of the user.

E. Whether constructed on public or private property, the monitoring facilities shall be constructed in accordance with the city's requirements and all applicable local agency construction standards and specifications. When, in the judgment of the city, an existing user requires a monitoring facility, the user will be so notified in writing. Construction must be complete within ninety days following written notification unless a time extension is otherwise granted by the city.

(Ord. 1153 §5 (Att. C (part)), 2006).

The city may inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city or its representative's ready access at all reasonable times to all parts of the premises for the purposes of inspection or sampling or in the performance of any of their duties. The city shall have the right to set up on the user's property such devices as are necessary to conduct sampling or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the city will be permitted at any time to enter without delay for the purposes of performing their specific responsibilities.

A. Any industrial user subject to a categorical 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 director during the months of June and December, unless required more frequently in the pretreatment standard or by the director, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards or required in the permit. At the direction of the director and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the director may agree to alter the months during which the above reports are to be submitted.

B. Monthly monitoring reports submitted to the director for the purpose of collecting wastewater user fees must be submitted no later than the seventh day of the month following that report.

C. The director may impose mass limitations on users who 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 subsection A of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of samples, an analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the director, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard.

D. Significant users shall meet the requirements of the General Pretreatment Regulations for sampling and analysis. Other users shall meet the requirements for sampling and analysis as stated herein or in the user's control document. For all users, containers, preservation techniques, and holding times for samples shall comply with methods and procedures found at Title 40, Code of Federal Regulations, Part 136. For all users, sample analysis shall be in accordance with approved test procedures. The city, at its discretion, may specify which approved test procedure shall be used. Type of samples (grab or composite) and flow measurement shall be consistent with the type of discharge and parameters being regulated and shall be specified by the city in the permit.

E. Users shall provide a control point for the purpose of sampling and flow measurement. The location and design of the control point shall be approved by the city. The control point shall be placed so that nondomestic sewage can be sampled and measured prior to any commingling with domestic sewage or nonprocess flows. Written approval of exceptions to this requirement shall be obtained by a user from the city. It is recommended that the control point for sampling and flow measurement be at the same location. Flow may be determined by water supply meter measurements if no other flow device is available and no other source of raw water is used. Other methods for estimating wastewater discharge flow must approved by the city.

F. The city may select an independent contractor to conduct the independent monitoring by the city.

(Ord. 1153 §5 (Att. C (part)), 2006).

A. Measurements of flow rates, flow volumes, C.O.D., B.O.D., T.O.C., grease and suspended solids for use in determining the annual industrial wastewater treatment charges and such measurements of other constituents believed necessary by the engineer may be required of each discharger. All sampling analyses and flow measurements of industrial wastewater shall be performed by a state certified independent laboratory, by a laboratory of the industrial discharger approved by the engineer, or by personnel of the city. If performed by the city's personnel, an appropriate charge shall be paid by the discharger requesting the test. Prior to the submittal to the city of data developed in the laboratory of an industrial discharger, the results shall be verified by a responsible administrative official of the industrial discharger under the penalty of perjury.

B. All dischargers making periodic measurements shall furnish and install at the control manhole or other appropriate location a calibrated flume, weir, flowmeter, or similar device approved by the engineer and suitable to measure the industrial wastewater flow rate and total volume. A recording and totalizing register for flowage may be required by the engineer. In lieu of wastewater flow measurement, the engineer may accept records of water usage and adjust the flow volumes by suitable factors to determine the peak and average flow rates for the specific industrial wastewater discharge. All devices used to measure the monthly wastewater discharge must be calibrated and certified monthly by an approved service. Copies of the certifications shall be submitted to the engineer along with monitoring reports.

C. Those industrial wastewater dischargers required by the engineer to make periodic measurements of the industrial wastewater flow and constituents shall annually make the minimum number of such measurements required. The minimum requirement for such periodic measurements shall be at least two measurements per year of a twenty-four hour duration. Representative samples of the industrial wastewater shall be obtained once per hour over the twenty-four hour period, properly refrigerated, composited according to measured flow rates during the twenty-four hours, and analyzed for the specified wastewater constituents. Dischargers required to sample on only a few days per year shall sample during the periods of highest wastewater flow and wastewater constituent discharges. Industrial plants with large fluctuations in the quantity or quality of wastewater may be required to provide continuous sampling and analysis for every working day. When required by the engineer, the discharger shall install and maintain in proper order, automatic flow, proportional sampling, and/or automatic analysis and recording equipment.

D. Measurements to verify the quantities of waste flows and waste constituents reported by industrial dischargers will be conducted on a random basis by personnel of the agency.

(Ord. 1153 §5 (Att. C (part)), 2006).

A. Users subject to categorical users shall submit baseline reports in accordance with the General Pretreatment Regulations and as follows:

1. Within either one hundred eighty days after the effective date of the categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the city a report which contains the information listed in subsection (A)(2) of this section. At least ninety days prior to commencement of their discharge, new sources, and all sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the city a report which contains the information listed in subsection (A)(2) of this section. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

2. Users described above shall submit the following:

a. Identifying Information. The name and address of the facility, including the name of the operator and owner.

b. Environmental Permits. A list of any environmental control permits held by or for the facility.

c. Descriptions of Operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.

d. Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use to the combined waste stream formula.

e. Measurement of Pollutants. The categorical pretreatment standards applicable to each regulated process. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the city, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be collected and analyzed in accordance with procedures set out in 40 CFR 136.

f. Signature and Certification. All baseline monitoring reports must be signed and certified in accordance with 40 CFR 403.6(a)(2).

B. Compliance Schedule Progress Reports.

1. Should additional pretreatment or operation and maintenance be required to meet pretreatment standards, a compliance schedule will be issued. The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment facilities required for the user to meet the applicable pretreatment requirements;

2. No increment shall exceed nine months or as approved by the city;

3. The user shall submit a progress report to the city no later than fourteen days following each date in the schedule and the final date of compliance. This report shall include as a minimum, whether or not the user complied with the progress increments, reasons for any delays, and steps being taken by the user to return to the established schedule.

C. Reports on Compliance with Categorical Pretreatment Standard Deadline. Within ninety days following the date for 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 such pretreatment standards and requirements shall submit to the city a report containing the information described in this section. For users subject to equivalent mass or concentration limits established in accordance with 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with 40 CFR 403.6(a)(2). Categorical users shall submit reports in accordance with the General Pretreatment Regulations on compliance schedule progress, compliance with categorical pretreatment standard deadlines, and continued compliance with categorical pretreatment standards.

D. Periodic Reports on Continued Compliance.

1. All significant industrial users shall, at a frequency determined by the city but in no case less than twice per year, submit a report indicating the nature and concentration of pollutants and the estimated or measured daily maximum and average flows of the discharges to which pretreatment requirements are applicable. All periodic reports must be signed and certified in accordance with 40 CFR 403.6(a)(2).

2. The city may require all other users and/or persons discharging nondomestic wastewater into the POTW to submit appropriate reports concerning the nature and concentration of pollutants in the discharge.

E. Reports of Additional Samples Taken. If a user subject to pretreatment requirements monitors any pollutant more frequently than required using approved test procedures, the results of this monitoring shall be included in the periodic reports.

F. Repeat Sampling and Reporting. If sampling performed by a user indicates a violation, the user must notify the city with twenty-four hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the city within thirty days after becoming aware of the violation.

G. Sample Collection and Monitoring Requirements. All sampling techniques and pollutant analyses used for compilation of data required to be submitted as part of a wastewater discharge application or report required by any pretreatment requirement shall be performed in accordance with the techniques prescribed in Title 40, Code of Federal Regulations, Part 136 unless otherwise specified in an applicable categorical pretreatment standard.

H. Additional Reports. The city has the right to request any additional reports from a user that are necessary to assess and assure compliance with the pretreatment requirements.

I. Record Keeping.

1. Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter and additional records obtained pursuant to monitoring activities undertaken by the user independent of such requirements.

2. Records shall include the date, exact place, method, and time of the sampling and the name of the person(s) taking the sample; dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of the analyses.

3. Records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user of the control authority, or where the user has been specifically notified of a linger retention period by the city.

(Ord. 1153 §5 (Att. C (part)), 2006).

A. All information and data on a user obtained from reports, questionnaires, permit applications, permits, monitoring programs, and inspections shall be available to the public or other governmental agencies without restrictions, unless the user specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes, or methods which would be detrimental to the user's competitive position. All other information which is submitted by the user to the city shall be available to the public at least to the extent provided by Title 40, Code of Federal Regulations, 403.14.

B. When requested by the person furnishing the report, the portions of a report which have been determined confidential, as above, shall not be made available for inspection by the public but shall be made available to governmental agencies for their use in making studies; provided, however, portions of a report shall be available for use by the state or any state agency in judicial review for enforcement proceedings involving the person furnishing the report. Furnishing of such information shall not waive the constitutional right against self-incrimination.

C. Wastewater constituents and characteristics will not be recognized as confidential information.

(Ord. 1153 §5 (Att. C (part)), 2006).

A. Should measurements or other investigations reveal that the industrial discharger is discharging at a flow rate or at a combination of flow, biochemical oxygen demand, or suspended solids significantly in excess of that stated on the industrial wastewater permit, or in excess of the quantities reported to the city by the discharger and upon which the industrial wastewater treatment fee is based, the discharger shall apply for an amended industrial wastewater permit and shall be assessed for all delinquent charges, plus an administrative charge of ten percent of the delinquent charges. An industrial discharger found in violation shall, in the absence of other evidence, be presumed to have been discharging at the determined parameter value over the preceding three years or subsequent to the previous city verification of quantity parameter, whichever period is shorter.

B. For the purpose of establishing the correct treatment fees, at least two twenty-four hour composite samples and two flow measurements shall be obtained by the city, with all costs of sampling and analysis to be paid by the discharger. The data obtained from such samplings, along with any relevant information obtained by the city on presented by the discharger, shall be used by the director in determining the quantity parameters for use in the formula.

(Ord. 1153 §5 (Att. C (part)), 2006).

A. Administrative Order. In addition to any other actions or remedies authorized in this chapter, the city or its duly authorized representative is authorized to enforce this chapter through the exercise of any one or more of the following administrative actions. Unless otherwise expressly set forth herein, the selection or use of one such action or remedy by the city shall not be construed to prevent the city from pursuing any other enforcement actions or remedies nor require the pursuit of a particular action or remedy as a condition precedent to the use of any other such action or remedy.

B. Notice of Violation. The city shall serve a user that is found noncomplaint with the pretreatment requirements with a notice stating the nature of the noncompliance. This notice may or may not be in writing. Any violation of pretreatment standards incurs immediate liability. Each day of violation constitutes a separate noncompliance.

Within thirty days after the date of receipt of this notice, a user shall submit a written response to the city with an explanation of the noncompliance, what steps are currently being taken to prevent the noncompliance, and a plan for the correction and continued prevention of the noncompliance. Submission of this response in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation.

C. Consent Order. The city may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document.

D. Show Cause Hearing. The city may order a user which has violated or continues to violate, any provision of this chapter, a wastewater discharge permit or enforcement action issued, or any other pretreatment requirement, to appear the director and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served by hand or certified mail at least ten days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

E. Compliance Order Compliance Schedules.

1. Applicability. If a user cannot comply with the pretreatment standards in this chapter or any other pretreatment requirement, the city may provide a compliance order containing a schedule for achieving compliance.

2. Allowable Time for Compliance. The compliance schedule shall be the shortest time in which the user is able to provide pretreatment facilities or changes in operation and maintenance that will achieve compliance. If a user is given a compliance schedule for national categorical standards, the completion date of this schedule shall not be later than the compliance date established for the applicable national categorical standard and shall be in accordance with the general pretreatment requirements. A user shall not continue discharging in noncompliance of the pretreatment requirements beyond the time limit provided in the compliance schedule.

3. Form of Compliance Schedule. Compliance schedules may be provided by the city by notice of noncompliance, enforcement order, or as part of the discharge permit. The city has the right to reopen a user's discharge permit in order to add a compliance schedule.

F. Cease and Desist Order. When the city finds that a user has violated, or continues to violate, any provision of this Code section, a wastewater discharge permit or order issued herein, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the city may issue an order to the user directing it to cease and desist all such violations and directing the user to:

1. Immediately comply with all requirements; and

2. Take such appropriate remedial or preventive actions may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

G. Authority to Disconnect Service.

1. Conditions for Disconnection. The city shall have the right to disconnect a user's sewer service when a user's discharge reasonable appears to:

a. Damage sewer lines or POTW treatment processes;

b. Cause the city to be noncompliant with the conditions of its discharge permits;

c. Present an endangerment to the environment or which threatens to interfere with the operation of the POTW; or

d. Present an imminent endangerment to the health or welfare of persons.

2. Notification. In the case of an imminent endangerment to the health or welfare of persons, the city shall give oral or written notice to a user before disconnecting sewer service. Under all other conditions for disconnection, the city shall give written notice to a user before disconnection. Within ten days after receipt of notification of disconnection, the user must submit a written response to the city with an explanation of the cause of the problem and what measures have and will be taken to prevent any future occurrence. Submission of this response in no way relieves the user of liability for any violations occurring before or after receipt of the notice of disconnection.

3. Reconnection of Service. The user's sewer shall remain disconnected until such time that the user has demonstrated that the cause of this noncompliance has been eliminated.

4. Liability. The city shall not be liable for any resulting damage to the user's property as a result of disconnection under the conditions for disconnection.

H. Termination of Permit. A user that violates any of the following conditions may be subject to permit termination:

1. Failure to report a reasonable estimate of the volume and quality of its nondomestic sewage;

2. Failure to notify the city of a change in process or operation which would significantly change the nature or increase the quantities of materials discharged to the POTW that would cause the user to be noncompliant with its discharge permit requirements or the pretreatment requirements;

3. Refusal of right of entry to the user's premises in accordance with subsection I of this section;

4. Intentional violation of permit conditions;

5. Falsifying information;

6. Failure to pay sewer charges or fines.

I. Injunctive Relief. The city may seek injunctive relief to restrain or compel actions of a user.

J. Civil and Criminal Penalties. The city has the right to seek or assess civil or criminal penalties in at least the amount of one thousand dollars per day for each violation of the user's permit or the pretreatment requirements.

(Ord. 1153 §5 (Att. C (part)), 2006).

A. Upset.

1. "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with pretreatment requirements because of factors beyond the reasonable control of the user. An upset does to include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

2. An upset shall constitute an affirmative defense to an action brought for noncompliance with pretreatment requirements if the following provisions are met.

3. A user who wishes to establish the affirmative defense of upset shall demonstrate through properly signed contemporaneous operating logs or other relevant evidence that:

a. An upset occurred and the user can identify the cause(s) of the upset;

b. The facility was being operated properly and in compliance with applicable and appropriate operation and maintenance procedures; and

c. The user has submitted the following information to the city within twenty-four hours of becoming aware of the upset:

i. A description of the nature of the discharge and cause of the noncompliance,

ii. The period of noncompliance, including the exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue,

iii. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance;

d. In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof;

e. Users will have the opportunity for judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards;

f. Users shall control production of all discharges to the extent necessary to maintain compliance with pretreatment requirements upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power for the treatment facility is reduced, lost, or fails.

B. Bypass.

1. "Bypass" means the intentional diversion of wastestreams from any portion of a user's treatment facility.

2. "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass.

3. A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it is also for essential maintenance to assure efficient operation.

4. If a user knows in advance of the need for a bypass, it shall submit prior notice to the city at least ten days before the date of the bypass, if possible. A user shall submit oral notice to the city of an unanticipated bypass that exceeds applicable pretreatment requirements within twenty-four hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days from the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The city may waive the written report on a case-by-case basis if proper oral notice has been given.

5. Bypass is prohibited, and the city may take an enforcement action against a user for a bypass, unless:

a. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

b. There were no feasible alternatives to the bypass, such as the use auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance;

c. The user submitted notices as stated herein; and

d. The city may approve an anticipated bypass, after considering its adverse effects, if the city determines that it will meet the three conditions in subsection above.

(Ord. 1153 §5 (Att. C (part)), 2006).

A. Application. An application fee for the industrial and commercial users subject to pretreatment regulation may be established by a resolution of the city council.

Removal Credit. A fixed fee for a removal credit application cannot be given because of the circumstances of each user and constituent the credit is applied for are highly variable. Any user or group of users wishing to apply for a removal credit shall assume responsibility for all costs incurred by the city.

B. Surcharge for Higher Concentrations of COD. Users shall be assessed a sewer surcharge for nondomestic sewage that contains concentrations of COD higher than normal domestic COD concentrations as listed herein. The surcharge shall be in addition to any other sewer charges required by other city ordinances, such as in Section 13.16.050 of this title. If a user has more than one nondomestic outfall identified in a permit, the surcharge shall be applicable to the daily average total of all nondomestic discharges and not the individual nondomestic discharges.

1. When Surcharge Shall be Applied. A user shall be subject to a surcharge when its nondomestic discharge daily average total:

a. Exceeds a COD concentration of four hundred fifty mg/l.

2. Computation of Surcharge. For those users with discharges exceeding a COD concentration of four hundred-fifty mg/l, the surcharge shall be based on COD.

a. COD surcharge: S COD =V * 8.34 * B (COD -450)

where:

S - sum of surcharges in dollars that will appear on the user's monthly bill.

V - monthly average volume of nondomestic discharge in millions of gallons whichever is the least of the following volumes:

i. Total monthly water consumption during the billing period,

ii. The average water consumption for the billing periods of December, January, and February of each fiscal year, or

iii. The total estimated or measured nondomestic discharge as determined by methods specified in the user's permit.

8.34 - conversion factor for units of measure in surcharge equations.

B - cost per pound of COD.

Fees may be set by resolution of the city council COD - COD concentration in mg/l. For more than one nondomestic discharge, this shall be the flow-weighted concentration.

450 - normal daily average COD in mg/l.

3. Sampling and Analysis. The city shall sample for BOD, TSS, and COD and any other pollutant or parameter of interest. The time of sampling shall be at the sole discretion of the city. The city may select an independent contractor to conduct the sampling and/or analyses.

4. Period of Surcharge. If analyses for or COD shows that a surcharge is applicable, the surcharge shall be retroactive for two monthly billing periods and shall continue for four monthly billing periods.

5. Costs of Analyses. When analyses show that a surcharge shall be applied, a fee shall be added to a user's bill to cover the sampling, handling, and laboratory analyses. When analyses show that a surcharge shall not be applied, then this fee shall not be added to the user's bill. The city may bill the user for the cost of sampling, handling, and laboratory analyses.

C. Fees Shall be Periodically Reviewed. In order to ensure an equitable cost recovery system, the city shall periodically review the fees and adjust them as appropriate.

(Ord. 1153 §5 (Att. C (part)), 2006).

The city shall have the right to revise the pretreatment requirements to ensure compliance with federal, state, or local requirements.

(Ord. 1153 §5 (Att. C (part)), 2006).

The city shall comply with the public participation requirements of Title 40, Code of Federal Regulations, 403.8(9)(2)(vii) in the enforcement of these pretreatment requirements.

(Ord. 1153 §5 (Att. C (part)), 2006).

A. Fees for Pretreatment Program. Fees established in this section shall be periodically reviewed and adjusted to ensure an equitable cost recovery system. Fees for sampling and analyses shall be billed to the industrial users based on actual costs incurred plus a reasonable charge for administration and billing. Said fees shall be set by resolution of the city council.

B. The wastewater discharge sampling event shall be conducted using procedures developed and approved by the city.

C. Payment of Fees. Fees for analytical or sampling work requested by a water or wastewater customer of the city shall be billed to the customer on the monthly utility bill. Fees for analytical sampling work requested by persons or entities that are not water or wastewater customers of the city must be paid in advance at the public works office. Requests for analytical or sampling work must be accompanied by the appropriate paper work and evidence of payment, if applicable.

(Ord. 1153 §5 (Att. C (part)), 2006).