Chapter 13.08 — INDUSTRIAL WASTEWATER SYSTEM

This chapter establishes an industrial waste-water system (IWWS) for the city. It shall be operated and maintained by the city. Operating rules and regulations and user fees and charges shall be adopted by resolution.

(Prior code § 9700)

"Director" means the director of public works for the city, or his designee.

(Prior code § 9703 (part))

Before an industrial waste connection is made to the sewage systems, a permit must first be obtained from the director. Application for a permit to discharge such wastes shall be in writing and shall contain the following information:

A.

Name and address of applicant;

B.

Proposed location of connection;

C.

Estimated gallonage of wastes proposed to be discharged, estimated time of discharge, time or peak load, and other similar data;

D.

Character of waste proposed to be discharged;

E.

Other information as may be deemed to be necessary by the director.

(Prior code § 9703(a) (part))

Upon receipt of an application as provided, the director shall promptly make such investigation as he shall deem necessary.

(Prior code § 9703(a) (part))

In the event that the director finds and determines:

A.

That the trunk sewer in which the connection is to discharge has sufficient unused carrying capacity for the disposition of these wastes;

B.

That the character of the wastes proposed to be discharged by the applicant is such that they can successfully be treated or if untreatable, there is sufficient capacity in the industrial wastewater facility;

C.

That such wastes will not result in damage to the sewage system or can be pretreated to avoid damage;

then he shall issue a permit to the applicant as requested.

(Prior code § 9703(a) (part))

The director, at his discretion, and toward the end of fulfilling the intent and purposes of this chapter, may grant a permit in part only and may thereupon prescribe conditions with respect to discharge of such waste into such system including pretreatment and installation and maintenance of pretreatment facilities, and/or maintenance of individual screens to collect waste products and/or may require the construction and use of tanks designed to equalize flow and reduce peak load.

(Prior code § 9703(a) (part))

In the event that after the granting of a permit, there shall develop a change of conditions, such as an increased flow or change or character of discharge or operations or for any cause whatsoever, the permittee must immediately report such change to the director. If, in the opinion of the director, it becomes necessary or desirable to change the conditions prescribed at the time of issuing said permit, then the director may revoke such permit or may impose further conditions with respect thereto, toward the end of remedying such conditions.

(Prior code § 9703(a) (part))

Each industrial user, at the time a permit is issued in accordance with Section 13.06.050, shall be assigned a capacity allocation for peak rate of discharge; daily discharge, monthly discharge and annual discharge measured in million gallons (MG).

(Prior code § 9703(b))

Any facilities required to pretreat wastewater to a level acceptable to the director shall be provided, operated and maintained at the industrial user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the director for all existing industrial user's facilities as well as before construction of the facility. The review of such plans and operating procedures will in no way relieve the industrial user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this article. Any subsequent changes in the pretreatment facilities or operating procedures shall be reported to and be acceptable to the director prior to the industrial user's initiation of the changes. All records relating to compliance with pretreatment standards shall be made available to the director upon request.

(Prior code § 9703(c))

Permits for all sewer connections, except industrial users and liquid waste haulers, shall be obtained in accordance with the provisions of the plumbing code of the city.

(Prior code § 9703(d))

A.

Each industrial 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 the industrial user's expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the director for review and shall be acceptable to the director before construction of such facility. All existing industrial users shall complete such a plan as required by the director. No industrial user shall be permitted to introduce any substance into the system until accidental discharge procedureshave been approved by the city. Review and approval of such plans and operating proce-dures shall not relieve the industrial user from the responsibility of modifying the facility as necessary to provide the protection necessary to meet the requirements of this chapter. In the case of an accidental discharge, it is the responsibility of the industrial user to immediately telephone and notify the director of the incident. The notification shall include location of discharge, type of waste concentration and volume and corrective actions. Within five days following an accidental discharge, the industrial user shall submit to the director, a detailed written report describing the cause of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage or other liability which may be incurred as a result of damage to the wastewater treatment facility, or any other damage to person or property, nor shall such notification relieve the industrial user of any fines, civil penalties or other liability which may be imposed.

B.

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

(Prior code § 9704)

A.

Revocation of Permit. 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:

Failure of an industrial user to factually report the sewage constituents and characteristics of its discharge;

Failure of an industrial user to report significant changes in operations, site plans, floor plans, mechanical and plumbing plans or sewage constituents and characteristics; or

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

B.

Fine. Any industrial user who intentionally or negligently violates any provision of any permit issued pursuant to this chapter, or who intentionally or negligently discharges waste or wastewater which causes pollution or who violates any cease and desist order, established effluent limitations, national standard of performance or national pretreatment or toxicity standard, shall be fined not more than ten thousand dollars ($10,000.00) for each offense. The director may determine the existence of a violation and may levy a fine which shall be in accordance with a schedule approved by the council from time to time by resolution. Each day on which a violation may occur or continue shall be deemed a separate and distinct offense. In case of a determination of violation the violator shall have fourteen (14) days to request a hearing. The director shall provide a hearing within ten (10) days after receipt of request for hearing. At the hearing the violator may present written or oral evidence that a violation does not exist or why the fine should be reduced or eliminated. The director shallgive written notice of his decision not more than ten (10) days after the hearing. In addition to the penalties provided in this chapter, the city may recover reasonable attorney's fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this chapter or the orders, rules, regulations and permits hereunder.

C.

Liability. In the event that a permittee does not comply with the conditions of a permit and wastes are discharged to the sewage system that cause, or threaten to cause, the water quality control plant's waste treatment facilities to malfunction or otherwise result in a violation of waste discharge requirements or limitations imposed by state or federal regulatory agencies, the permittee shall be liable for any or all of the following:

Any and all monetary penalties, charges, fees and other costs that may be imposedon the city by state or federal regulatory agencies as a result of threatened or actual violation(s) or malfunction(s), including administrative and legal fees;

Any and all judgments and associatedcosts that may be awarded to individuals or entities as a result of threatened or actual violation(s) or malfunction(s);

The total cost of any interim waste treatment measures that the director may deem necessary to abate threatened or actual violation(s) or malfunction(s) including consulting and administrative fees;

The total cost of providing waste treat-ment facilities needed to remedy threatened or actual violation(s) or malfunction(s).

D.

List of Violators. The director shall annually publish in a newspaper of general circulation in the Orland area, a list of the industrial users which significantly violated applicable pretreatment requirements or standards at least once during the twelve (12) previous months. The notification shall also summarize any enforcement actions taken against the industrial user(s) during the same twelve (12) months. A significant violation is one which remains uncorrected forty-five (45) days after notification by the director of noncompliance.

(Prior code § 9705)

A.

In addition to any other remedy provided for by law, ordinance or resolution, the director of public works is authorized to issue, upon knowledge of violation of any operating rule, regulation, ordinance or resolution pertaining to the domestic or industrial wastewater system or violation of the then current regional water quality control board or any similar boards' discharge requirements, cease and desist orders to any such violators.

B.

The director of public works shall also have the authority upon knowledge of violation of any such order or regulation as herein referred to, or cease and desist order, to take all necessary and appropriate action to enforce such rules and order including, but not limited to disconnecting or plugging any discharge lines.

(Prior code § 9701B)

A.

Should the director of public works take any action, shut off any discharger as herein provided, such discharger shall not be allowed to reconnect without making adequate assurances to the city administrator that further violations will not occur and paying for all actual costs incurred by reason of the director's action and the further posting, should such be deemed necessary by the city administrator of adequate security for future performance.

B.

The city shall enact by resolution, rules and regulations for the reconnection of discharger to any system.

(Prior code § 9702)

Any violation of the operating rules for the IWWS including failure to pay fees, charges etc. imposed, is guilty of a misdemeanor and upon conviction is punishable as set forth in Section 1.12.010 of this code by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment not to exceed six months, or by

both such fine and imprisonment. Each day during which a violation continues shall constitute a separate offense punishable as provided in this section.

(Ord. 96-11 § 33; prior code § 9701)