Division 2 — REGULATIONS

25-82: GENERAL DISCHARGE PROHIBITIONS:

No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will cause pass- through or interference with the operation or performance of the city's POTW. These general prohibitions apply to all such users of the city's POTW whether or not the user is subject to national categorical pretreatment standards or any other national, state or local pretreatment standards or requirements. A user shall have an affirmative defense in any action brought against it alleging a violation of general or specific prohibitions where the user can demonstrate that it did not know or have reason to know that its waste discharge, alone or in conjunction with a discharge or discharges from other sources, would cause pass- through or interference and that the ongoing compliance of their waste discharge met all federal, state and local limits or that their waste discharge experienced only minimal deviation from their norm prior to or during the pass-through or interference.

A user shall not contribute the following substances to the city's POTW:

A. Fire/Explosion Hazard: 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 or explosion or be injurious in any other way to the POTW or to the operation of the POTW. At no time, shall two (2) successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than five percent (5%) nor any single reading over ten percent (10%) of the lower explosion limit (LEL) of the meter. These hazards include, but are not limited to, waste streams with a closed cup flashpoint of less than one hundred forty degrees Fahrenheit (140°F) or sixty degrees Celsius (60°C) using the test methods specified in 40 CFR 261.21, as amended from time to time. Prohibited materials include, but are not limited to: gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, sulfides and any other substances which the city, the state, or the EPA has notified the user is a fire hazard or a hazard to the system.

B. pH: Any wastewater having a pH less than 6.0 and higher than 9.0, or wastewater having any corrosive property capable of causing damage or hazard to structures, equipment and/or personnel of the POTW.

C. Solid Or Viscous Substances: Which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities, such as, but not limited to, grease, garbage with particles greater than one-half inch (1/2") in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, or glass grindings or polishing wastes.

D. Toxic Pollutants: Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, or create a toxic effect in the receiving waters of the POTW. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to section 307(a) of the act, as amended from time to time.

E. Noxious Or Malodorous Liquids: 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. Substance Affecting Effluent, Residues: Any substance which may cause the POTW's effluent or any other product of the POTW such as residues, sludges or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under section 405 of the act, as amended from time to time; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the solid waste disposal act, the clean air act, the toxic substance control act, or state criteria applicable to the sludge management method being used.

G. Causing Pass-Through: Any substance which causes pass-through or interference and, therefore, causes the POTW to violate its NPDES and/or state waste discharge requirement permit.

H. Objectionable Color: Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye waste and vegetable tanning solutions.

I. Reserved.

J. Flow Rate/Concentration: Any pollutants, including oxygen demanding pollutants (BOD5, etc.), released at a flow rate and/or pollutant concentration which will cause interference or pass- through at the POTW. In no case shall a slug load have a flow rate or contain concentration or qualities of pollutants that exceed for any time period longer than fifteen (15) minutes more than five (5) times the average twenty four (24) hour concentration, quantities or flow during normal operation.

K. Radioactive Wastes: Any wastewater containing any radioactive wastes or isotopes of such half life or concentration as may exceed limits established by the city.

L. Hazard; Nuisance: Any wastewater which causes a hazard to human life or creates a public nuisance.

M. Sulfide: Any sulfide forming pollutants or wastes which, when discharged to the sewer, generate sulfide concentrations in excess of one milligram per liter (1 mg/l).

N. Reserved.

O. Reserved.

P. Hauled Pollutants: Any trucked or hauled pollutants are prohibited from disposal except at those discharge points so designated by the POTW.

Q. Heat: Heat in any amount which will inhibit biological growth activity in the POTW resulting in interference, but in no case, heat in such quantities that the temperature at the POTW exceeds forty degrees Celsius (40°C) (104°F) unless the approval authority approves alternate temperature limits.

R. Oils: Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass- through. (Ord. 1636 § A, 7-1-2003)

25-83: NATIONAL PRETREATMENT STANDARDS; CATEGORICAL STANDARDS:

The city, as legal control authority, will require compliance by all industrial users of all applicable categorical standards and requirements. The reporting requirements for industrial users subject to categorical standards are covered in section 25-104 of this article. (Ord. 1636 § A, 7-1-2003)

25-84: MODIFICATIONS OF CATEGORICAL PRETREATMENT STANDARDS:

Where the city's wastewater treatment system achieves consistent removal of a pollutant or pollutants limited by categorical pretreatment standards, the city may apply to the approval authority for modification of specific limits in the categorical pretreatment standards. "Consistent removal" shall mean the average of the lowest fifty percent (50%) of the removal measured by approved methods. (Ord. 1636 § A, 7-1-2003)

25-85: SPECIFIC POLLUTANT LIMITATIONS:

The specific pollutant limitations will be set by resolution of the city. (Ord. 1636 § A, 7-1-2003)

25-85.1: GREASE, OIL AND SAND TRAPS:

A. Generally: Grease, oil and sand traps shall be provided when, in the opinion of the city, they are necessary for the protection of the sewage system from liquid wastes containing grease in excessive amounts, or any flammable wastes, sand and other harmful ingredients; except that such traps shall not be required for buildings used solely for residential purposes. Such traps shall be required, for example, on discharges from all service stations, dry cleaning establishments, eating establishments and food preparation establishments.

B. Construction: All traps shall be of a type and capacity approved by the city and shall be located as to be readily and easily accessible for cleaning and inspection. Restaurant traps shall be gastight, of a type approved for restaurant use by the state and/or county health departments. Traps for all other facilities, including service stations and garages, shall be in accordance with the adopted plan of the city for such traps or shall be approved equal thereof, as determined by the city.

C. Maintenance: When installed, all grease, oil and sand traps shall be inspected and maintained by the owner at his expense, in continuously efficient operation at all times. (Ord. 1636 § A, 7-1-2003)

25-86: STATE REQUIREMENTS:

State requirements and limitations on discharges shall apply in any case where they apply to charter cities and are more stringent than federal requirements and limitations or those in this article. (Ord. 1636 § A, 7-1-2003)

25-87: CITY'S RIGHT OF REVISION:

A. The city reserves the right to establish by resolution more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in section 25-74 of this article.

B. In addition to the limitations upon the characteristics or quantity of wastewater discharged, caused to be discharged or permitted to be discharged into any public sewer pursuant to this article, the city may, in connection with the issuance of permits pursuant to the provisions of this section, establish additional specific limitations on wastewater strengths upon a finding by the city that:

1. The limitations set forth in this article may not be sufficient to protect the operation of the city's sewer system, treatment facilities

or any portion thereof, or the waste or wastewater proposed to be discharged otherwise constitutes a hazard to, or unreasonable burden upon, such operation;

2. The limitation expressly set forth in this article may not be sufficient to enable the operation of the city's sewage system of

treatment facilities to comply with water quality standards of effluent limitations specified in the city's national pollutant discharge elimination system (NPDES) permit and/or state waste discharge requirement permit; or

3. The permit for which application is made will cover new sources in which case the permit shall require compliance with the best

available technology. (Ord. 1636 § A, 7-1-2003)

25-88: EXCESSIVE DISCHARGE:

No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the federal categorical pretreatment standards or in any other pollutant specific limitations developed by the city or state. (Ord. 1636 § A, 7-1-2003)

25-89: ACCIDENTAL DISCHARGES:

Each industrial user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this article. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user's own cost and expense. Detail plans showing facilities and operating procedures to provide this protection shall be submitted to the city for review and shall be approved by the city before construction of the facility. No user who commences contribution to the POTW after the effective date hereof shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the city. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this article. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume and corrective actions.

A. Written Notice: All significant industrial users shall notify the POTW immediately of all discharges (accidental or nonaccidental) that exceed their permit limitations, including any slug loadings by the user. Within five (5) days following an accidental or nonaccidental discharge, the user shall submit to the city a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences.

Such modification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of the damage to the POTW or any other damage to persons or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this article or other applicable laws.

B. Notice To Employees: A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure. (Ord. 1636 § A, 7-1-2003)

25-90: HAZARDOUS WASTE DISCHARGE:

Any industrial user, permitted or nonpermitted, shall notify the POTW in writing of any discharge into the POTW of a substance, which, if otherwise disposed of, would be a hazardous waste under federal regulations 40 CFR 261, as amended from time to time. Notification must include the name of the hazardous waste set forth in 40 CFR 261, as amended from time to time, the EPA hazardous waste number, and type of discharge (continuous, batch, other). If the industrial user discharges more than one hundred (100) kilograms of such wastes per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: An identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following twelve months. All notifications must take place within one hundred eighty (180) days after discharge of the listed or characteristic hazardous waste. Any notification under this section need be submitted only once for each hazardous waste discharged. However, all industrial users shall promptly notify the POTW in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of section 25-104 of this article.

Dischargers are exempt from the requirements of the above paragraph during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), as amended from time to time, discharge of more than fifteen (15) kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one time notification.

Subsequent months during which the industrial user discharges more than such quantities of any hazardous wastes do not require additional notification.

In the case of any new regulations under section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the POTW, the EPA regional waste management waste division director, and state hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations.

In the case of any notification made under the preceding paragraphs, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has been determined to be economically practical. (Ord. 1636 § A, 7-1-2003)