Grand Terrace Municipal Code Art. II General Provisions

Except as otherwise provided, the director shall administer, implement and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the director may be delegated by the director to other persons acting in the beneficial interest of or in the employ of the city.

(Ord. 179 § 1(part), 1998)

It is unlawful to commence, increase or substantially change any discharge of wastewater to the POTW except as authorized by the director in accordance with the provisions of this chapter.

(Ord. 179 § 1(part), 1998)

A. Each permittee shall retain records of all monitoring information, including the date, location and method used to obtain wastewater samples, time of sampling, name of person taking the samples, the dates analyses were performed, the analytical techniques or methods used and the results of the analyses, all calibration and maintenance records and all original chart recordings for continuous monitoring instrumentation, copies of all reports required by the permit, and records of all data used to complete the application for the permit, for a period of at least five years from the date of the sample, measurement, report or application. This period may be extended by request of the director at any time.

B. All records that pertain to matters that are the subject of special orders or any other enforcement or litigation activities brought by the city shall be retained and preserved by the permittee until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.

(Ord. 179 § 1(part), 1998)

No person shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which causes pass-through or interference with the operation or performance of the POTW.

(Ord. 179 § 1(part), 1998)

No person shall contribute or cause to be contributed into the POTW the following pollutants, substances or wastewater:

A. Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient, either alone or by interaction with other substances, to cause fire, explosion, or in any other way be injurious to the POTW or to operation of the POTW including, but not limited to, wastestreams with a closed cup flashpoint of less than one hundred forty degrees Fahrenheit or sixty degrees centigrade, using the test methods specified in 40 CFR 261.21, or which result in conditions where two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system), are more than five percent, or any single reading is over ten percent of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylenes, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides;

B. Solid or viscous substances which may cause obstruction to sewer flow or interference with the operation of the wastewater treatment facilities including, but not limited to, grease, garbage with particles greater than one-half inch in dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, cat litter, dead animals, diatomaceous earth, feathers, ashes, cinders, earth, sand, mud, gravel, rocks, plaster, concrete, spent lime, stone or marble dust, metal, metal filings, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, tar, asphalt, asphalt residues, residues from refining or processing of fuel or lubricating oil, glass, or glass grinding or polishing wastes;

C. Any wastewater having a pH less than 5.0 or greater than 11.0, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment and/or personnel of the POTW;

D. Any wastewater containing hazardous substances or toxic pollutants, in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process including sludge disposal, constitute a hazard to humans or animals, or create a hazardous effect or acute or chronic toxicity in the receiving waters of the POTW;

E. Any noxious or malodorous liquids, gases or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair;

F. 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. In no case shall a substance discharged to the POTW cause the POTW to violate applicable sludge use or disposal regulations developed under Section 405 of the Act or any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, Clean Air Act, Toxic Substances Control Act, Resource Conservation and Recovery Act, Marine Protection, Research and Sanctuaries Act, or state regulations;

G. Any wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions;

H. Any wastewater having a temperature greater than sixty degrees centigrade (one hundred forty degrees Fahrenheit), or which will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the POTW treatment plant to exceed forty degrees centigrade (one hundred four degrees Fahrenheit);

I. Any pollutants, including oxygen-demanding pollutants (BOD, etc.), released at a flow rate and/or pollutant concentration which will cause interference, pass-through, or otherwise cause violation of the NPDES permit or receiving water quality standards;

J. Any wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations;

K. Any discharge which may, alone or in combination with other waste substances, result in the presence of toxic or poisonous solids, liquids, gases, vapors or fumes in the POTW in such quantities that would create a hazard, public nuisance, or acute worker health and safety problems;

L. Any stormwater, groundwater, well water, street drainage, subsurface drainage, roof drainage, yard drainage, water from yard fountains, ponds, lawn sprinklers, or any type of surface water or unpolluted water. The director may approve, on a temporary basis, the discharge of such waters to the POTW when no reasonable alternative method of disposal is available, subject to the payment of all applicable user charges and fees by the discharger. Water from swimming pools, wading pools and therapy pools may be discharged to the sewerage system between eight p.m. and six a.m. unless specifically prohibited by the director;

M. Any wastewater, sludge or septic waste removed from a cesspool, septic tank, chemical toilet or similar waste holding device, except such wastes which are discharged to the POTW in accordance with a wastewater discharge permit issued by the city. No wastehauler discharging septic waste to the POTW shall discharge constituents in excess of the limits for wastehaulers set forth in Table 13.12.240;

N. Any trucked or hauled pollutants or wastewater, except at such place and in such manner as authorized by a wastewater discharge permit issued by the city;

O. Any pesticides or fertilizers in amounts which may cause interference or pass-through;

P. Any nonbiodegradable cutting oil, petroleum oil, refined petroleum products, or products of mineral oil origin in amounts which could cause interference or pass-through;

Q. Any substances containing polychlorinated biphenyls (PCBs). PCBs include, but are not limited to, the following: Aroclors 1016, 1221, 1228, 1232, 1242, 1248, 1254, 1260 and 1262;

R. Any excessive quantities of dispersed biodegradable oils or fats such as lard, tallow or vegetable oil or any other substances that may precipitate, solidify or become viscous at temperatures between forty and one hundred degrees Fahrenheit;

S. Any pretreatment wastes. All pretreatment wastes shall be disposed of in accordance with all applicable federal, state, county and other local laws and regulations.

(Ord. 179 § 1(part), 1998)

No person shall discharge or cause to be discharged into any storm drain, stormwater channel or natural watercourse, whether currently carrying water or not, or into any pipe, parking lot, street, gutter or waterway leading to such drain, channel or watercourse, any solid or fluid material which will impair the useful functioning of such drain, channel or watercourse, or which will cause expense to the city, or other public agency, in maintaining the proper functioning of same, or which will cause or threaten to cause a public nuisance, public hazard or pollution of waters of the state.

(Ord. 179 § 1(part), 1998)

No person shall deposit or discharge, or cause to be deposited or discharged, into any sump which is not impermeable, or into any pit or well, or onto the ground, or into any storm drain or watercourse, any material which, by seeping underground or by being leached or by reacting with the soil, can pollute usable groundwaters.

(Ord. 179 § 1(part), 1998)

No person, excluding authorized city personnel involved in maintenance of POTW facilities, shall discharge any wastewater directly into the POTW other than through an approved building sewer, unless written permission for the discharge has been granted by the director.

(Ord. 179 § 1(part), 1998)

No person shall 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 categorical standards, the discharge limits contained in this chapter or in any wastewater discharge permit, or any other pollutant limit developed by the city.

(Ord. 179 § 1(part), 1998)

A. Any facility maintained for the servicing, repair, washing or cleaning of any vehicles or roadway machinery, including car and truck washes, which discharges nondomestic wastewater, shall install and maintain a gravity separation interceptor in accordance with Section 13.12.253. Wastewater from toilets shall not be allowed to pass through the interceptor, but all wastewaters arising from the servicing, repair, washing or cleaning of vehicles shall pass through the interceptor before discharge to the POTW.

1. If the vehicle servicing facility is only capable of serving one vehicle at a time, the interceptor shall have a fluid detention capacity of at least one hundred gallons.

2. If the vehicle servicing facility has facilities for servicing, repair, washing or cleaning more than one vehicle at a time, the interceptor shall be as large as necessary so that seven-day accumulation of sand and oil will not together fill more than twenty-five percent of the fluid capacity, and shall have a fluid detention capacity of at least seven hundred fifty gallons. The interceptor shall be designed so as to retain any oil and grease which will float and any sand which will settle.

B. Any interceptor legally and properly installed at a vehicle servicing facility before June 2, 1990 shall be acceptable as an alternative to the interceptor specified in subsection A of this section provided such interceptor is properly maintained, effective in removing sand and oil, and designed and installed so that it can be inspected.

C. The plumbing official shall not approve the plumbing of a vehicle servicing facility which is designed to accommodate the discharge of nondomestic wastewater if it does not have a gravity separation interceptor meeting the requirements of this section.

(Ord. 179 § 1(part), 1998)

A. It is unlawful to install, replace or enlarge apparatus for softening all or any part of the water supply to any residential premises when such apparatus is an ion-exchange softener or demineralizer of the type that is regenerated on the site of use, except as otherwise authorized by the provisions of California Health and Safety Code Sections 116775 through 116795, inclusive, and any amendment thereto.

B. This section shall not apply to existing units nor to apparatus of the type which is regenerated off-site by a water conditioning company.

C. This section shall not apply to any type of commercial or industrial softening apparatus, which will be considered individually in connection with nondomestic wastewater controls.

(Ord. 179 § 1(part), 1998)

All food processing facilities, including restaurants, which discharge food processing wastes to the POTW, shall direct all wastewater from floor drains and sinks in the food processing area, waste container wash racks, and dishwashers through a minimum of one hundred-gallon gravity separation interceptor in accordance with Section 13.12.253. All domestic wastewaters from restrooms, showers, mop sinks and drinking fountains shall be kept separate until the previously specified wastes have passed through the interceptor. Sizing of interceptor shall be determined as described in the Uniform Plumbing Code, Appendix H, as adopted by the city except that the capacity of the interceptor shall not be less than one hundred gallons, unless a smaller size is allowed by a conditional waiver.

(Ord. 179 § 1(part), 1998)

Conditional waivers modifying or waiving the gravity separation interceptor requirements may be granted by the director for those restaurants and other food processing facilities determined not to have the potential to adversely affect the POTW. Conditional waivers may be revoked for the following reasons:

A. Changes in types of food prepared or served;

B. Falsification of information submitted to the city;

C. Changes in operating hours;

D. Changes in equipment used.

(Ord. 179 § 1(part), 1998)

A. Except as specifically allowed by the director on a temporary basis or as provided herein, no Class I or Class II user shall discharge or cause to be discharged to the POTW any wastewater unless it conforms to all of the applicable local discharge limits as set forth below in Table 13.12.204.

Table 13.12.240 SPECIFIC LOCAL POLLUTANT DISCHARGE LIMITS [1]

The above limits apply at the point where the wastewater is discharged to the POTW. The director may impose average daily, monthly and/or mass limits in addition to the instantaneous concentration-based limits set forth in Table 13.12.240.

B. Specific Local Pollutant Mass Emission Rate Limits. The director may authorize the discharge of nondomestic wastewater to the POTW which contains pollutants in concentrations exceeding the specific local pollutant concentration limits contained herein, when such concentrations, in combination with the measured discharge flow rate, do not exceed specific local mass emission rate limits which are computed for the individual discharger on the basis of the specific local pollutant concentration limits and the discharger's permitted discharge flow rate limit, and which are issued to the discharger as part of the discharger's permit.

C. Specific Discharge Flow Limitations for Industrial Facility Groupings. Except as specifically allowed by the director on a temporary basis, or as provided herein, no Class I or Class II user shall discharge or cause to be discharged to the POTW any wastewater which causes the total discharge flow of nondomestic wastewater to the POTW from a facility within the following industrial facility groupings to exceed the applicable discharge flow limitations specified:

(Ord. 179 § 1(part), 1998)

Footnotes:

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Users subject to categorical pretreatment standards may be required to meet more stringent limits.

No user shall discharge to the POTW spent solutions, sludges, or any other materials of a quantity or quality in violation of or prohibited by this chapter or any permit issued pursuant to this chapter. All waste manifests for such materials shall be retained for a minimum of three years, and made available to the city upon request.

(Ord. 179 § 1(part), 1998)

No person shall discharge to the POTW medical wastes from hospitals, clinics, offices of medical doctors, convalescent homes, medical laboratories, other medical facilities or any other locations except where prior written authorization for such discharges is given by the director following the director's determination that the discharge will not, alone or in conjunction with other discharges, adversely affect the operation and maintenance of the POTW. If written authorization for such a discharge is given, the director shall have the authority to require that any discharge of an infectious waste to the sewer be rendered noninfectious prior to discharge if the infectious waste is deemed to pose a threat to the public health and safety, or will result in any violation of applicable waste discharge requirements.

(Ord. 179 § 1(part), 1998)

A. Promulgated National Categorical Pretreatment Standards, located in 40 CFR Chapter I, Subchapter N, Parts 405-471, are incorporated into this chapter. Upon the promulgation of new or revised categorical pretreatment standards for a particular industrial subcategory, the new or revised categorical pretreatment standards shall immediately be deemed incorporated herein. The director shall notify affected users of applicable reporting requirements under 40 CFR, Chapter I, Subchapter N, Parts 401, et seq.

B. No user subject to categorical pretreatment standards shall discharge or cause to be discharged to the POTW any wastewater which is not in conformance with the discharge limits set forth in the categorical pretreatment standards, including any revisions thereof. Notwithstanding the foregoing, a user may obtain a variance from a categorical pretreatment standard in accordance with the provisions of 40 CFR 403.13 and by establishing to the satisfaction of the director, that the discharge will not adversely affect POTW operation and maintenance.

C. In the event that a categorical pretreatment standard establishes a discharge limit which conflicts with a local discharge limit, the more stringent discharge limit shall apply.

(Ord. 179 § 1(part), 1998)

A. Mass emission rates for pollutants that are present or anticipated in a user's wastewater discharge may be set for each user and made an applicable part of each user's permit. These rates shall be based on Table 13.12.240 or categorical pretreatment standards, and the user's average daily wastewater discharge for the past three years, the most recent representative data, or other data acceptable to the director.

B. To verify the user's operating data, the director may require a user to submit an inventory of all wastewater streams and/or records indicating production rates.

C. The director may revise limits or mass emission rates previously established in the user's permit at any time, based on: (1) current or anticipated operating data of the discharger or the city; (2) the city's ability to meet NPDES limits; or (3) changes in the requirements of regulatory agencies.

D. The excess use of water to establish an artificially high flow rate for mass emission rate determination is prohibited.

(Ord. 179 § 1(part), 1998)

A. Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all applicable, promulgated categorical standards within the time limitations specified therein. Any facilities required to pre-treat wastewater to meet applicable discharge limits shall be constructed, operated and maintained in proper operating condition at the user's expense.

B. Upon request by the director, users shall provide to the city detailed construction drawings and plumbing plans showing existing process equipment, pretreatment facilities, spill containment facilities, monitoring facilities, metering facilities, and a description of existing operating procedures. Prior to construction of new or modified facilities, users shall submit to the director for review and acceptance, detailed construction plans and a description of proposed operating procedures for any new equipment or facilities. Users shall submit any subsequent changes in operating procedures of the equipment or facilities to the director for review and acceptance prior to initiation of the changes. The review and acceptance of such drawings and operating procedures by the director shall not relieve the user from the responsibility of modifying the equipment or facilities as necessary to produce an effluent in compliance with all provisions of this chapter.

(Ord. 179 § 1(part), 1998)

No person shall discharge wastes recovered from pretreatment devices into any sewer or storm drain opening, any drains or other openings leading to any sewer or storm drain, parking lot, street, curb and gutter, or the ground. All recovered pretreatment wastes shall be disposed of in accordance with all applicable federal, state, county and local laws and regulations.

(Ord. 179 § 1(part), 1998)

Any person so required by the director, shall install and maintain a gravity separation interceptor. Domestic wastewater shall not be allowed to pass through this interceptor. This interceptor shall have an operational fluid capacity of not less than one hundred gallons and shall be designed so as to retain any material which will float and any material which will settle. The interceptor shall be watertight, structurally sound, and durable. Interceptors of less than seven hundred fifty gallons capacity and interceptors for restaurants and food processing facilities shall have no less than two compartments. Interceptors of seven hundred fifty gallons or larger to be used for other than food processing and restaurant wastes shall have no less than three compartments.

A. Interceptor Requirements.

1. All interceptor chambers shall be immediately accessible at all times for the purpose of inspection and cleaning. At no time shall any material, debris, obstacles or obstructions be placed in such a manner so as to prevent immediate access to the interceptor.

2. All interceptors of three hundred gallons capacity or larger shall be equipped with a sample chamber located at the downstream end of the interceptor. The sample chamber shall have a twenty-four-inch square, or twenty-four-inch diameter, clear opening for the temporary installation of the city's portable automatic sampling equipment. Any sample chamber legally and properly installed before the effective date of the ordinance codified in this chapter shall be acceptable as an alternative to the sample chamber specified herein, provided such sample chamber is so designed and installed that the city's portable automatic sampling equipment may be readily installed therein, or the owner provides a secure and protected location for installation of such sampling equipment within an eight-foot radius of the sample chamber.

3. Any interceptor legally and properly installed before the effective date of the ordinance codified in this chapter shall be acceptable as an alternative to the interceptor specified herein, provided such interceptor is effective in removing floatable and settleable material and is so designed and installed that it can be inspected and properly maintained.

4. If the director finds that an interceptor is incapable of adequately retaining the floatable and settle-able material in the wastewater flow or is structurally incomplete, he shall notify the owner that it does not meet the requirements of this section and shall require the user to install, at the user's expense, an acceptable interceptor.

B. Interceptor Approval. If a gravity separation interceptor is required, the plumbing official shall only approve plumbing plans which include an interceptor which meets the requirements of this section.

C. Interceptor Maintenance. Any person who owns, operates or maintains a gravity separation interceptor shall maintain it properly. It shall be cleaned as often as is necessary to ensure that sediment and floating materials do not accumulate to impair the efficiency of the interceptor. The use of chemicals to dissolve grease is specifically prohibited. When an interceptor is cleaned, the accumulated sediment and floating material shall be removed and legally disposed of otherwise than to the sewer. An interceptor is not considered to be properly maintained if for any reason it is not in good working condition or if the operational fluid capacity has been reduced by more than twenty-five percent by the accumulation of floating and settling solids, oils and grease. The owner of any facility required to install an interceptor, the lessee and sublessee, if there be such, and any proprietor, operator or superintendent of such facility are individually and severally liable for any failure of proper maintenance of such interceptor. If the interceptor is not properly maintained under the conditions of use, the director may require that the interceptor be resized and replaced.

(Ord. 179 § 1(part), 1998)

A. The city may require, at the user's expense, installation and operation of monitoring facilities to allow inspection of discharges to the POTW, monitoring of wastewater quality, and collection of wastewater samples. The monitoring facilities, including sampling and monitoring equipment, shall be maintained at all times in a safe and proper operating condition at the expense of the user. The city may require that the monitoring facilities include a security enclosure that can be locked with a city-provided hasp lock, or similar device, during monitoring or upon termination of service.

B. Monitoring facilities shall normally be situated on private property, but the city may, when such a location would be impractical, allow the facilities to be constructed in public right-of-way.

C. There shall be ample room in or near any monitoring facility to allow installation of portable sampling and monitoring equipment by the director.

D. Construction drawings for proposed monitoring facilities shall be submitted to the director for review prior to construction. The sampling and monitoring facilities shall be constructed in accordance with the city's requirements and all applicable local construction standards and specifications. Construction shall be completed within ninety days following written acceptance by the director.

(Ord. 179 § 1(part), 1998)

The director may require any Class I or Class II user to install a flow meter capable of measuring, recording and totalizing the discharge to the POTW on a continuous basis. The flow measuring equipment shall conform to the requirements of the director.

(Ord. 179 § 1(part), 1998)

A. The director shall have the right to enter the premises of any user where nondomestic wastewater is created or discharged during all times that the user's facility is open, operating or at any other reasonable time to determine whether the user is complying with all requirements of this chapter and any wastewater discharge permit or administrative order issued hereunder. The users or the occupants of such premises shall allow the director ready access to all parts of the premises for purposes of inspection, sampling, examination and copying of records, and any other activities related to determining compliance with this chapter. Unreasonable delay in allowing the director access to the user's premises shall constitute a violation of this chapter.

B. The director shall inspect the facilities of each Class I and Class II user a minimum of once each year, and shall sample the discharge of each Class I and Class II user a minimum of once each year.

C. The director shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/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, the director will be permitted to enter, without delay, for purposes of performing the functions described in this section.

(Ord. 179 § 1(part), 1998)

A. Sampling and analysis shall be at the expense of the user. The actual cost for laboratory analyses and reports and an administrative fee, shall be the obligation of the occupants of the premises where the wastewater is created or discharged.

B. The administrative fee shall be fixed by the city manager based on the city's current overhead cost allocation percentage.

C. The expense to be paid by the user shall be billed and be payable the same as for other sewer use charges.

(Ord. 179 § 1(part), 1998)

A. Information and data regarding a user, obtained from reports, questionnaires, permit applications, permits and monitoring programs, and from inspections, shall be available without restriction to the EPA, the State Water Board and the Regional Board. Such information shall also be available to the public or other governmental agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the director that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets of the user. Any such request shall be asserted at the time of submission of the information or data and marked "Confidential Business Information" by the user on each page containing information asserted to be trade secrets. The demonstration of the need for confidentiality made by the user must meet the burden necessary for withholding such information from the general public under applicable state and federal law. Wastewater constituents and characteristics and other effluent data as defined in 40 CFR 2.302 shall not constitute confidential information and shall be available to the public without restriction.

B. Information which a user demonstrates to constitute a trade secret shall not be made available for inspection by the public without prior notification to the user, but shall be made available to the EPA, the State Water Board and the Regional Board, and upon written request, to other governmental agencies for uses related to this chapter, the NPDES permit, or other state regulations. Such information shall also be available for use in judicial review or enforcement proceedings involving the user furnishing the information.

(Ord. 179 § 1(part), 1998)

The director shall prepare and maintain a current list of industrial users subject to the requirements of this chapter. Each industrial user listed shall be identified by class. Class I industrial users shall be further identified by a citation of the applicable, promulgated categorical standards. At least once every two years, the director shall conduct a survey of facilities located within the POTW service area to identify any facilities which should be added to the list of industrial users.

(Ord. 179 § 1(part), 1998)

A. All industrial users shall promptly notify the city in advance of any substantial change in the volume or character of pollutants in their discharge. If any routine or special sampling or monitoring by an industrial user indicates that, for any reason, pollutants are discharged at a rate or concentration which may cause pass-through or interference with the POTW, a violation of categorical standards or permit limits, violation of Sections 13.12.211 or 13.12.240, or a hazard to the city, POTW personnel and/or the public, the user shall verbally notify the director and POTW staff immediately. If the discharge to the sewerage system has the potential to cause a fire or explosion hazard, the industrial user shall also immediately notify the fire department. The verbal report to the city shall be followed by a written report submitted to the director within twenty-four hours describing the cause of the incident and corrective action taken by the user. The user shall also collect a representative repeat sample of the discharge and submit the analysis to the city within thirty days after the incident to determine whether compliance has been achieved.

B. The notification provided pursuant to this section shall not relieve the user of any expense, loss, damage or other liability which may be incurred pursuant to this chapter or other applicable law.

(Ord. 179 § 1(part), 1998)

A. Bypass of nondomestic wastewater to the sewerage system is prohibited. The city may take enforcement action against the user unless:

1. Bypass was unavoidable because it was done to prevent loss of life, personal injury or severe property damage;

2. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, elective slow-down or shut-down of production units or maintenance during periods of production downtime. This condition is not satisfied if adequate backup equipment could have been feasibly installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and

3. The permittee submitted notices as required under subsection B of this section.

4. Notwithstanding the foregoing, the user shall be liable to the city for any expenses or costs incurred by the city as a result of a bypass.

B. If a permittee knows in advance of the need for a bypass, it shall submit a written request to allow the bypass to the director, if possible, at least ten days before the date of the bypass.

C. The director may approve an anticipated bypass at his sole discretion after considering its adverse effects, and the director determines that the conditions listed in subsections (A)(1) through (A)(3) of this section are met.

D. A permittee shall provide telephone notification to the city of an unanticipated bypass that exceeds its permitted discharge limits within four hours from the time the permittee becomes aware of the bypass. A written report shall also be provided within five days of the time the permittee becomes aware or could reasonably have been aware of the bypass. The report 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 recurrence of the bypass. Failure to submit oral notice or written report may be grounds for permit revocation.

(Ord. 179 § 1(part), 1998)

In March of each year, the director shall publish in the largest daily newspaper published in the service area, a list of all industrial users determined to have been in significant noncompliance with applicable pretreatment standards or requirements during the previous twelve months.

(Ord. 179 § 1(part), 1998)

Any unauthorized entering, breaking, damaging, destroying, uncovering, defacing or tampering with any temporary or permanent structure, equipment or appurtenance which is part of the POTW shall be a violation of this chapter.

(Ord. 179 § 1(part), 1998)

Any user who discharges wastewater which impairs, interferes with or damages the POTW, its operations or monitoring equipment, detrimentally affects the wastewater treatment process, significantly increases POTW operation costs, requires nonroutine inspection and/or sampling, or results in any other damages, costs or expenses, including the imposition of fines or penalties on the city, shall be liable to the city for all damages, costs and expenses occasioned thereby. An administrative fee, which shall be fixed by the city manager based on the city's current overhead allocation percentage, shall be added to these charges. The city's total expenses shall be payable within thirty days of invoicing by the city.

(Ord. 179 § 1(part), 1998)

Charges for sewer use shall be established and revised periodically by ordinance or resolution, as appropriate, of the city council.

(Ord. 179 § 1(part), 1998)

The city reserves the right to amend this chapter to impose more stringent discharge limits or requirements if deemed appropriate to advance the objectives presented in Section 13.12.100 of this chapter.

(Ord. 179 § 1(part), 1998)

The provisions of this chapter are to be reasonably interpreted. It is the intent herein to recognize that there are varying degrees of hazard to surface and underground waters and to apply the principle that the degree of protection should be commensurate with the degree of hazard.

(Ord. 179 § 1(part), 1998)