Article VI — Administration

In addition to the federally required reports described in Section 13.12.120, the city may require that any high-strength user discharging, or proposing to discharge, wastewater into a sewerage system, file a periodic discharge report. The discharge report may include, but not be limited to, nature of process, volume, rates of flow, mass emission rate, temperature, pH, production quantities, hours of operation, number and classification of employees, chemicals and materials stored or used, or other information which relates to the generation of waste including characteristics in the wastewater discharge. Such reports shall also include the chemical characteristic and quantity of liquid or gaseous materials used annually as well as those stored on site, even though the latter may not normally be discharged. All reports are due fourteen days after the conclusion of monitoring or receipt of the laboratory analysis report and must be signed by an authorized representative of the industrial user. All such reports shall be retained for a period of three years (or period of litigation, whichever is longer), and shall be made available for inspection and copying by the city. In addition to discharge reports, the city may require information in the form of wastewater discharge permit applications and self-monitoring reports.

(Ord. No. 1819, 2-18-2009)

All significant users proposed to connect or to discharge into a sewerage system after the effective date of the ordinance codified in this chapter must obtain a wastewater discharge permit before connecting to, or discharging into, a sewerage system. All existing significant users connected to, or discharging into, a sewerage system must apply for a wastewater discharge permit within one hundred eighty days after the effective date of the ordinance codified in this chapter.

(Ord. No. 1819, 2-18-2009)

The public works director may issue a wastewater discharge permit to any user in accordance with the terms of this article in the following categories:

A.

A user who requires the user charges and fees to be based on an estimation of wastewater flow;

B.

Any user whose wastewater strength is less than the normal range for the user classification because of pretreatment, process changes or other reasons;

C.

Any single dwelling, office, commercial business, lodge, apartment, church or multi-use building user who discharges only domestic waste.

(Ord. No. 1819, 2-18-2009)

A.

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

Name, address, and SIC number of applicant;

Volume of wastewater to be discharged;

Wastewater constituents and characteristics including, but not limited to, those mentioned in Article II of this chapter;

Time and duration of discharge;

Average and peak wastewater flow rates, including daily, monthly and seasonal variations, if any;

Any other information determined necessary by the public works director to evaluate the permit application. This may include, but is not limited to, the following:

a.

Site plans, floor plans, mechanical, and plumbing plans, water supply and discharge information and details to show all sewers and appurtenances by size, location and elevation,

b.

Description of activities, facilities and plant process on the premises including all materials, processes and types of materials which are, or could be, discharged,

c.

Each product produced by type, amount and rate of production,

d.

Number of employees and hours of work.

B.

All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

C.

The public works director will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the public works director may issue a wastewater discharge permit subject to terms and conditions provided in this article.

(Ord. No. 1819, 2-18-2009)

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

A.

The unit charge or schedule or user charges and fees for the wastewater to be discharged to the sewerage system;

B.

The collection of capacity fee, inspection fee and prepayment for the prorated portion of annual user charges, if collected annually;

C.

The average and maximum wastewater characteristics;

D.

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

E.

Requirements for installation of inspection, monitoring and sampling facilities;

F.

Pretreatment requirements;

G.

Specifications for monitoring programs which may include sampling locations, frequency and method of sampling, number, types as specified in 40 CFR 403.12(g)(3) and (g)(4) and standards for tests as specified in 40 CFR 136 and reporting schedule;

H.

Requirements for submission of technical reports or discharge reports;

I.

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

J.

Mean and maximum mass emission rates, or other appropriate limits when incompatible pollutants (as defined in Article I of this chapter) are proposed or present in the user's wastewater discharge;

K.

Other conditions as deemed appropriate by the public works director to ensure compliance with this chapter and federal and state regulations.

L.

Requirements for "slug discharge" plans as required by 40 CFR 403.8(f)(2)(vi)(A)-(D).

(Ord. No. 1819, 2-18-2009; Ord. No. 1850, § 1, 9-7-2011)

Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. A user discharging after the expiration date of the permit shall be considered in violation of this chapter. It is the responsibility of the user to apply for a new discharge permit sixty days before the expiration date of their existing permit. The terms and conditions of the permit may be subject to modification and change by the city during the life of the permit, as limitations or requirements stipulated in this chapter are modified and changed. The user shall be informed of any proposed changes in user's permit at least thirty days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

(Ord. No. 1819, 2-18-2009)

Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be assigned, transferred or sold to a new owner, new user, different premises or a new or changed operation without prior written approval of the public works director.

(Ord. No. 1819, 2-18-2009)

A permit may be temporarily suspended at any time if it is the public works director's opinion that the continued discharge of the waste or water into the sewerage system would substantially jeopardize the ability of the treatment facilities or sewerage system to meet water quality requirements or would cause an unsafe condition to occur. In lieu of temporary suspension of permits, the public works director may impose such temporary restrictions, conditions or limitations upon the quantities, qualities and rates of discharge made thereunder as deemed necessary to assure that the receiving water quality requirements will not be violated or to alleviate the unsafe condition. Notice of the temporary suspension or the imposition of temporary restrictions, conditions or limitations shall be given in writing by the public works director to the permittee at least twenty-four hours prior to their effective date. Delivery of the notice to the permittee's place of business shall constitute delivery of notice to permittee.

(Ord. No. 1819, 2-18-2009)

Any user who violates the following conditions of the permit or of this chapter, or applicable state and federal regulations, is subject to having this permit revoked:

A.

Failure of a user to factually report the wastewater constituents and characteristics of their discharge;

B.

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

C.

Refusal of reasonable access to the user's premises and/or records for the purpose of inspection or monitoring of all possible sources of pollution;

D.

Failure to pay city utility bills;

E.

Violation of conditions of the permit.

(Ord. No. 1819, 2-18-2009)

A.

The public works director may require the user to construct and maintain, at the user's expense, monitoring facilities which meet all government safety regulations (OSHA) to allow inspection, sampling and flow measurement of the building sewer or internal storm drainage systems and may also require sampling or metering equipment to be provided, installed, operated and maintained at the user's expense. The monitoring facility should normally be situated on the user's premises, but the public works director may, when such a location would be impractical or cause undue hardship on the user or the city, require the facility to be constructed in the public right-of-way and located so that it will not be obstructed by landscaping or parked vehicles.

B.

When the monitoring facility is inside the user's fence, there shall be accommodations to allow access for the public works director or designated representative, such as a gate secured with a city lock. There shall be ample room in or near such monitoring facility to allow accurate sampling and compositing of samples for analysis. The monitoring facility shall be maintained at all times in a safe and proper operating condition at the expense of the user.

C.

Whether constructed on public or private property, plans and specifications shall be approved by the public works director and be in accordance with all applicable city construction standards and specifications. Construction shall be completed within sixty days following written notification by the city, unless a time extension is otherwise granted by the city.

(Ord. No. 1819, 2-18-2009)

The public works director or designated representative 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 public works director or designated representative 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 public works director or designated representative shall have the right to set up on the user's property such devices as are necessary to conduct sampling or metering operations and be allowed to copy any of the user's discharge records. All user discharge records shall be retained for a minimum of three years per 40 CFR 403.12(o). 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 its security guards so that upon presentation of suitable identification, the public works director or designated representative will be permitted to enter without delay for the purposes of performing their specific responsibilities. The user will be charged a fee to recover the costs for inspections (investigations), sampling, monitoring and analyses performed by the city for purposes of billing and ensuring compliance with all regulations.

(Ord. No. 1819, 2-18-2009)

A.

Each user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this chapter. Such facilities shall be provided and maintained at a level of operation comparable to that of the original construction at the user's expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the public works director before construction of the facility.

B.

The review of such plans and operating procedures by the public works director will in no way relieve the user from the responsibility of modifying the facility to provide the protection necessary to meet the requirements of this chapter.

C.

If any wastewater is spilled onto any surface or area in such a manner where there is the possibility of contact with any person, that wastewater shall be cleaned up at the expense of the property owner or a designate within a reasonable time as determined by the city, or the city will clean up the spilled wastewater and bill the property owner or designate for the cleanup. If warranted, or as directed by the city, property management must adequately notify tenants and post area of spill with warning signs.

(Ord. No. 1819, 2-18-2009)

A.

All information and data on a user obtained from reports, questionnaires, permit application, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the public works director that the release of such information would divulge information, processes or methods that would be detrimental to the user's competitive position.

B.

When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available to governmental agencies for use in making studies per 40 CFR 403.14; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

(Ord. No. 1819, 2-18-2009)

Special agreements and arrangements between the city and any persons or agencies may be established when, in the opinion of the city council, unusual or extraordinary circumstances compel special terms and conditions. However, in no case may federal pretreatment standards be waived or modified.

(Ord. No. 1819, 2-18-2009)