HomeMy WebLinkAboutORDINANCE NO. 1016 WASTE WATER SUMMARYCity of Rexburg
Wastewater Sewer Use
Summary Ordinance 1016
AN ORDINANCE AMENDING AND REPLACING ORDINANCE 800 TITLED "WASTEWATER
ORDINANCE'; STATING THE PURPOSE OF THE ORDINANCE; DEFINING TERMS;
OUTLINING OFFENSES AND PENALTIES FOR INDIVIDUALS, BUSINESS ESTABLISHMENTS,
OR ANY OTHER ENTITIES VIOLATING THE ESTABLISHED REGULATIONS; PROVIDING
DEFENSES; PROVIDING FOR ENFORCEMENT; PROVIDING A SEVERABILITY CLAUSE;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH;
AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.
WHEREAS, the City Council for the City of Rexburg has determined that there is
a significant need to monitor and regulate wastewater collection and handling; and
Whereas, State and Federal regulations recommend the implementation of such
enforcement provisions; and
Whereas, the City desires to provide for the protection of its citizens and
property and to protect the general public; and
Whereas, it appears to the Mayor and City Council of the City of Rexburg, Idaho,
that the following ordinance will be in the best interests of the public health, safety and
welfare and will help to attain the foregoing objectives and will diminish the undesirable
impact of inappropriate discharges into the system on the community and the citizens
of the City of Rexburg;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF REXBURG, THAT THE FOLLOWING ATTACHED PAGES SHALL, AND
HEREBY ARE ADOPTED AS AN ORDINANCE OF THE CITY OF REXBURG:
Table of Contents
Section 1 - General Provisions
1.1 Purpose and policy
5
1.2 Administration
5
1.3 Definitions
5
1.4 Abbreviations
11
Section 2 - General Requirements
2.1 Prohibited discharge standards
12
2.2 Federal Categorical Pretreatment Standards
14
2.3 State Requirements
14
2.4 Local Limits
14
2.5 Rexburg's Right of Revision
15
2.6 Special Agreements
15
2.7 Dilution
15
2.8 Pretreatment Facilities
15
2.9 Deadline for Compliance with Pretreatment requirements
15
2.10 Additional Pretreatment
16
2.11 Accidental Spill Prevention Plans
16
2.12 Septic Tank Wastes
17
Section 3- Wastewater Discharge Permit
3.1 Wastewater Discharge Permitting: Existing SIU
18
3.2 Wastewater Discharge Permitting: New Source and New User
18
3.3 Wastewater Discharge Permitting: Extra jurisdictional Users
18
3.4 Wastewater Discharge Permit Application Contents
19
3.5 Signatory and Certification Requirements
21
3.6 Wastewater Discharge Permit Decisions
22
3.7 Wastewater Discharge Permit Contents
22
3.8 Wastewater Discharge Permit Appeals
23
3.9 Wastewater Discharge Permit Duration
23
3.10 Wastewater Discharge Permit Modification
23
3.11 Wastewater Discharge Permit Transfer
24
3.12 Wastewater Discharge Permit Revocation
24
3.13 Wastewater Discharge Permit Reissuance
25
Section 4 -Reporting Requirements
4.1 Baseline Monitoring Reports
25
4.2 Final Compliance Report (Initial Compliance Report)
26
4.3 Periodic Compliance Report
27
4.4 Compliance Schedule to meet Applicable Pretreatment Standards
28
4.5 Notification of Significant Production Changes
28
4.6 Hazardous Waste Notification
28
4.7 Notice of Potential Problems, Accidental Spills, Slug Loads
29
4.8 Non -Compliance Reporting
30
4.9 Notification of Changed Discharges
30
4.10 Reports from Un -permitted Users
30
4.11 Record Keeping
30
Section 5 - Sampling and Analytical Requirements
5.1 Sampling Requirements for Users
31
5.2 Analytical Requirements
32
5.3 City of Rexburg Monitoring of Users Wastewater
32
Section 6 - Compliance Monitoring
6.1 Inspections and Sampling
32
6.2 Monitoring Facilities
33
6.3 Search Warrants
33
6.4 Vandalism
33
Section - Confidential Information
34
Section 8 - Publication of Users in Significant Non -Compliance
34
Section 9 - Administrative Enforcement Remedies
35
9.1 Notification of Violations
35
9.2 Consent Orders
36
9.3 Show Cause Hearing
36
9.4 Compliance Orders
36
9.5 Cease and Desist Orders
37
9.6 Administrative Fines
37
9.7 Emergency Suspensions
38
9.8 Termination of Discharge (Non -Emergency)
38
Section 10 - Judicial Enforcement Remedies
10.1 Injunctive Relief
39
10.2 Civil Penalties
39
10.3 Criminal Prosecution
40
10.4 Remedies Non-exclusive
40
Section 11 - Supplemental Enforcement Actions
11.1 Performance Bonds
41
11.3 Waste Supply Severance
41
11.4 Public Nuisances
41
2
11.5 Informant Rewards
41
11.6 Contractor Listing
42
Section 12 - Affirmative Defense to Discharge Violations
12.1 Upset
42
12.2 Prohibited Discharge Standards
43
12.3 Bypass
44
Section 13 - Wastewater Treatment Rates
Section 14 - Miscellaneous Provisions
14.1 Pretreatment Charges and fees
45
14.2 Severability
46
14.3 Conflicts
46
Section 15 - Effective Date
47
SECTION 15 - EFFECTIVE DATE
This ordinance shall be in full force and effect immediately following its passage,
approval and publication, as provided by law.
Passed on this 7 day of Januarv, 2009.
Shawn Larsen, Mayor
ATTEST:luk�—D�---- - ----------------
Blair D. Kay, City Clem
PUBLISHED: January 17, 2009
Electronic copies of Ordinance No. 1016 are available on the web at www.rexburg.org.
STATEMENT OF
REXBURG CITY ATTORNEY
AS TO ADEQUACY OF SUMMARY
OF ORDINANCE 1006
Stephen Zollinger, City Attorney for the City of Rexburg, declares that in his capacity as City
Attorney of the City of Rexburg, pursuant to Idaho Code Section 50-901A (3) of the Idaho
Code as amended, hereby certifies that he has reviewed a copy of the above cited Summary
of Ordinance and has found the same to be true and complete and provides adequate notice
to the public of the contents, including the exhibits, of Ordinance No. 1016.
DATED this 14"' day of January, 2009.
Stephen P Zollinger, City JQtorney
City of Rexburg
Wastewater Sewer Use
Ordinance 1016
AN ORDINANCE AMENDING AND REPLACING ORDINANCE 800 TITLED
"WASTEWATER ORDINANCE"; STATING THE PURPOSE OF THE
ORDINANCE; DEFINING TERMS; OUTLINING OFFENSES AND PENALTIES
FOR INDIVIDUALS, BUSINESS ESTABLISHMENTS, OR ANY OTHER
ENTITIES VIOLATING THE ESTABLISHED REGULATIONS; PROVIDING
DEFENSES; PROVIDING FOR ENFORCEMENT; PROVIDING A
SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING WHEN THIS
ORDINANCE SHALL BECOME EFFECTIVE.
Instrument # 351134
REXBURG, MADISON, IDAHO
1-15.2009 10:00:00 No. of Pages: 33
Recorded for: CITY OF REXBURG
MARILYN R. RASMUSSE ' e: 0.00
Ex -Officio Recorder Dep
I
Ordinance 1016 (Wastewater)
._......._.. .
City of Rexburg
Sewer Use Ordinance
WHEREAS, the City Council for the City of Rexburg has determined that there is a
significant need to monitor and regulate wastewater collection and handling; and
Whereas, State and Federal regulations recommend the implementation of such
enforcement provisions; and
Whereas, the City desires to provide for the protection of its citizens and property and to
protect the general public; and
Whereas, it appears to the Mayor and City Council of the City of Rexburg, Idaho, that the
following ordinance will be in the best interests of the public health, safety and welfare and will help
to attain the foregoing objectives and will diminish the undesirable impact of inappropriate
discharges into the system on the community and the citizens of the City of Rexburg;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF REXBU.RG,' THAT THE FOLLOWING ATTACHED
PAGES SHALL, AND HEREBY ARE ADOPTED AS AN ORDINANCE OF THE CITY
OF REXBURG:
Table of Contents
Section 1 - General Provisions
1.1
Purpose and policy
5
1.2
Administration
5
1.3
Definitions
5
1.4
Abbreviations
11
Section 2 - General Requirements
2.1
Prohibited discharge standards
12
2.2
Federal Categorical Pretreatment Standards
14
2.3
State Requirements
14
2.4
Local Limits
14
2.5
Rexburg's Right of Revision
15
2.6
Special Agreements
15
2.7
Dilution
15
2.8
Pretreatment Facilities
15
2.9
Deadline for Compliance with Pretreatment requirements
15
2.10
Additional Pretreatment
16
2.11
Accidental Spill Prevention Plans
16
2.12
Septic Tank Wastes
17
Section 3- Wastewater Discharge Permit
3.1
Wastewater Discharge Permitting: Existing SN
18
3.2
Wastewater Discharge Permitting: New Source and New User
18
3.3
Wastewater Discharge Permitting: Extra Jurisdictional Users
18
3.4
Wastewater Discharge Permit Application Contents
19
3.5
Signatory and Certification Requirements
21
3.6
Wastewater Discharge Permit Decisions
22
3.7
Wastewater Discharge Permit Contents
22
3.8
Wastewater Discharge Permit Appeals
23
3.9
Wastewater Discharge Permit Duration
23
3.10
Wastewater Discharge Permit Modification
23
3.11
Wastewater Discharge Permit Transfer
24
2
Ordinance 1016 (Wastewater)
3.12 Wastewater Discharge Permit Revocation 24
3.13 Wastewater Discharge Permit Reissuance 25
Section 4 -Reporting Requirements
4.1
Baseline Monitoring Reports
25
4.2
Final Compliance Report (Initial Compliance Report)
26
4.3
Periodic Compliance Report
27
4.4
Compliance Schedule to meet Applicable Pretreatment Standards
28
4.5
Notification of Significant Production Changes
28
4.6
Hazardous Waste Notification
28
4.7
Notice of Potential Problems, Accidental Spills, Slug Loads
29
4.8
Non -Compliance Reporting
30
4.9
Notification of Changed Discharges
30
4.10
Reports from Un -permitted Users
30
4.11
Record Keeping
30
Section 5 - Sampling and Analytical Requirements
5.1
Sampling Requirements for Users
31
5.2
Analytical Requirements
32
5.3
City of Rexburg Monitoring of Users Wastewater
32
Section 6 - Compliance Monitoring
Compliance Orders
6.1
Inspections and Sampling
32
6.2
Monitoring Facilities
33
6.3
Search Warrants
33
6.4
Vandalism
33
Section 7 - Confidential Information 34
Section 8 - Publication of Users in Significant Non -Compliance 34
Section 9 - Administrative Enforcement Remedies . 35
9.1
Notification of Violations
35
9.2
Consent Orders
36
9.3
Show Cause Hearing
36
9.4
Compliance Orders
36
9.5
Cease and Desist Orders
37
9.6
Administrative Fines
37
9.7
Emergency Suspensions
38
9.8
Termination of Discharge (Non -Emergency)
38
Section 10 - Judicial Enforcement Remedies
43
10.1
Injunctive Relief
39
10.2
Civil Penalties
39
10.3
Criminal Prosecution
40
10.4
Remedies Non-exclusive
40
Section 11 - Supplemental Enforcement Actions
11.1
Performance Bonds
41
11.2
Liability Insurance
41
11.3
Waste Supply Severance
41
11.4
Public Nuisances
41
11.5
Informant Rewards
41
11.6
Contractor Listing
42
Section 12 - Affirmative Defense to Discharge Violations
12.1
Upset
42
12.2
Prohibited Discharge Standards
43
12.3
Bypass
44
Section 13 - Wastewater Treatment Rates
Section 14 - Miscellaneous Provisions
14.1 Pretreatment Charges and fees
14.2 Septic Waste Haulers and Disposal Fees
14.3 Excessive Strength Discharges
14.4 Severability
14.5 Conflicts
Section 15 - Effective Date
3
Ordinance 1016 (Wastewater)
47
City of Rexburg Municipal
Pretreatment Ordinance For
Existing and New Source
ofPolludon
ORDINANCE NO. (10161
SECTION 1— GENERAL PROVISIONS
1.1 Purnose and Dolic
This Ordinance sets forth uniform requirements for users of the Publicly Owned Treatment
Works (POTW) for the City of Rexburg and enables the City of Rexburg to comply with all
applicable State and Federal Laws, including the clean water act (33USC 1251 et seq. ) and the
general Pretreatment Regulations (40 CFR Part 403). The objective of this ordinance is:
A. To prevent the introduction of pollutants into the POTW that will interfere with the
operation of the POTW;
B. To prevent the introduction of pollutants into the POTW which will pass through
the POTW, inadequately treated into receiving waters or otherwise be incompatible
with the POTW;
C. To ensure that the quality of wastewater treatment plant sludge is maintained at a
level that allows its use and disposal in compliance with the applicable statues and
regulations;
D. To protect the POTW personnel who may be affected by wastewater and sludge in
the course of their employment and to protect the general public; and
E. To improve the opportunity to recycle, and reclaim wastewater and sludge from the
POTW.
This ordinance shall apply to all users of the POTW. The ordinance authorizes the issuance of
wastewater discharge permits: authorizes monitoring, compliance, and enforcement activities;
establishes administrative review procedures; requires user reporting; and provides for the setting of
fees for the equitable distribution of costs resulting from the program established herein.
1.2 Administration
Except as otherwise provided herein, the Superintendent or his/her duly authorized representative
shall administer, implement, and enforce the provisions of this ordinance. Any powers granted to or
duties imposed upon the superintendent may be delegated to other City personnel.
1.3 Definitions
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this
ordinance, shall have the meanings hereinafter designated.
Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 U.S.C. 1251 et se .
Applicable Pretreatment Standards For any specified pollutant, The City of Rexburg prohibitive
standards, The City of Rexburg specific pretreatment standards, and local limits, State of Idaho
pretreatment standards, or EPA's Categorical Pretreatment Standards (when effective) whichever
standards are appropriate or more stringent.
Authorized Representative of the User
1) If the user is a corporation:
a) The president, secretary, treasurer, or a vice president of the cooperation in charge of
the principal business function, or any other person who performs similar policy or
decision making functions for the cooperation; or
Ordinance 1016 (Wastewater)
b) The manager of one or manufacturing, production, or operation facilities, provided,
the manager is authorized to make management decisions which govern the
operation of the regulated facility including having the explicit or implicit duty of
making major capital investment recommendations and initiating and directing other
comprehensive measures to assure log -term environmental compliance with the
environmental laws and regulations; can ensure that the necessary systems are
established or actions taken to gather complete and accurate information for control
mechanism requirements; and where authority to sign documents has been assigned
or delegated to the manager in accordance with corporate procedures.
2) If the user is in partnership or sole proprietorship: general partner or proprietor,
respectively;
3) If the user is a Federal, State, or local governmental Facility: a director or highest official
appointed or designated to oversee the operation and performance of the activities of the
government facility, or his/her designee.
4) The individuals described in paragraphs 1 through 3 above may designate another authorized
representative if the authorization is in writing, the authorization specifies the individual or
position responsible for the overall operation of the facility, from which the discharge occurs
or having overall responsibility for the environmental matters for the company, and the
written authorization is submitted to the City of Rexburg Wastewater Department.
Best Management Practices or BMPs: Means schedules of activities, prohibitions of practices,
maintenance procedures, and other management practices to implement the prohibitions listed in§
403.5 (a) (1) and (b). BMP also include treatment requirements, operating procedures, and practices
to control plant site runoff, spills, or leaks, sludge or waste disposal, or drainage from raw materials
storage.
Biochemical Oxygen Demand (BOD): The quantity of oxygen utilized in the oxidation of organic
matter under standard laboratory procedures for (5) five days at 20' Celsius, usually expressed as a
concentration [ milligrams per liter] (mg/1).
Categorical Pretreatment Standard or Categorical Standard: Any regulation containing -pollutant
discharge limits promulgated by the U.S. EPA in accordance with sections 307(b) and (c) of the Act
(33 U.S.C. 1317) which applies to specific category of users and appears in 40 CFR Chapter I,
subchapter N, parts 405-471.
Categorical User: A user regulated by one of EPA's categorical pretreatment Standards
Cit The City of Rexburg or the City council of Rexburg
Control Authority: (1) the POTW if the POTW's pretreatment submissions have been approved in
accordance with requirements of 403.11; or (2) the approval authority if the submission has not been
approved.
Color: The optical density at the visual wave length of maximum absorption, relative to distilled
water. One hundred percent (1001/6) transmittance is equivalent to (0.0) optical density.
Composite Sample: The sample resulting from the combination of individual wastewater samples
taken at selected intervals based on an increment of either flow or time.
Cooling water/non-contact cooling water: Water used for cooling which does not go into direct
contact with any raw material, intermediate product, waste product, or finished product. Cooling
water may be generated from any use, such as air conditioning, heat exchangers, cooling or
refrigeration to which the only pollutant added is heat.
Domestic User (Residential User): Any user who contributes, causes, or allows the contribution of
wastewater into the City of Rexburg POTW that is similar volume and/or chemical makeup to that
of a residential dwelling unit. Discharges from a residential dwelling unit will typically include up to
100 gallons per capita per day, 0.2 pounds of BOD per capita per day, and 0.17 pounds of TSS per
capita per day.
Environmental Protection Agency: The U.S. Environmental Protection Agency or, where
appropriate, the director of the region 10 office of water, or other duly sworn official of the said
agency.
5
Ordinance 1016 (Wastewater)
Existing Source: A categorical industrial user, the construction or operation of whose facility
commenced prior to the publication by EPA of proposed categorical pretreatment standards, which
would be applicable to such source if and when the standard is thereafter promulgated in accordance
with section 307 of the act.
Existing Users: Any Non -categorical user that is discharging wastewater prior to the effective date of
the ordinance, or a specific date that the code will become effective.
Grab Sample: A sample taken from a waste stream on a onetime basis without regard for the flow,
or time.
Indirect discharge or Discharge: The introduction of pollutants into the POTW from any non-
domestic source regulated under section 307(b), (c), or (d) of the act. The discharge into the POTW
is normally by means of pumping stations, pipes, conduits, force mains, constructed drainage
ditches, surface water interceptors, and all constructed devices and appliances.
Industrial Wastewater Discharge Permit (IWDP): An authorization or equivalent control document
issued by the City of Rexburg Wastewater Department to the user discharging wastewater to the
POTW. The said permit will contain pretreatment standards and requirements, as set forth within
this document.
Interference: A discharge which alone or in conjunction with a discharge or discharges from other
sources, either (1) inhibits or disrupts the POTW, it's treatment processes or operations; (2) inhibits
or disrupts the sludge processes, use or disposal; or (3) is a cause of a violation of the City of
Rexburg's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with
any of the following statutory/regulatory provisions or permits issued there under (or more stringent
State or Local regulations): Section 405 of the clean water act; the Solid Waste Disposal Act
(SWDA), including title II commonly referred to as the Resource Conservation and Recovery Act
R( CRA) any State regulations contained in any sludge management plan prepared pursuant to
subtitle D of the SWDA; the clean air act; the toxic substances control act; and the marine
protection, research, and sanctuaries Act.
Maximum Allowable Discharge Limit: The maximum concentration (or Loading) of a pollutant
allowed to be discharged at any time, determined from the analysis of any discrete or composite
sample collected, independent of the industrial flow rate and the duration of the sample event.
Medical Waste: Isolation waste, infectious agents, human blood, and blood products, pathological
wastes, body parts contaminated bedding, surgical wastes, potentially contaminated laboratory
wastes, and dialysis waste.
New Source:
1) Any building, structure, facility, or installation from which there is (or may be) a discharge of
pollutants, the construction of which commenced after the publication of proposed
categorical pretreatment standards under section 307 of the act which will be applicable to
such source if such standards are thereafter promulgated in accordance with that section,
provided that;
A) The building, structure, facility, or installation is constructed at a site at which no
other source is located; or
B) The building, structure, facility, or installation totally replaces the process or
production equipment causes the discharge of pollutants at an existing source; or
C) The production or wastewater generating processes of the building, structure, facility,
or installation are substantially independent of an existing source at the same site. In
determining these are substantially independent, factors such as the extent to which
the facility is integrated with the existing plant, and the extent to which the new
facility is engaged in the same general type of activity as the existing source, should
be considered.
1) Construction on a site at which an existing source is located results in a
modification rather than a new source if the construction does not create a
new building, structure, facility, or installation meeting the criteria of
secdon(1) (b) or (c) above or otherwise, alters replaces or adds to an existing
process or production equipment.
Ordinance 1016 (Wastewater)
2) Construction of New source as defined under this paragraph has
commenced when the owner or operator has:
(A) Begun, of caused to begin as part of a continuous on-site construction
program
(i) any placement, assembly, or installation of facilities or equipment: or
(n) Significant site preparation work including clearing, excavating, or
removal of existing buildings, structures, or facilities which is necessary
for the placement of new source facilities or equipment; or
(B) Entered into a binding legal contractual obligation for the purchase of
facilities or equipment which is intended to be used in its operation within
reasonable time. Options to purchase or contracts which can be terminated
or modified without substantial loss, and contracts for feasibility,
engineering, and design studies do not constitute a contractual obligation
under this paragraph.
New User: A "New User" is a user that is not regulated under federal categorical pretreatment
standards but that applies to the City of Rexburg for a new building permit or occupies an existing
building and plans to commence discharge of wastewater to the City of Rexburg collection system
after the effective date of this ordinance. Any person that buys an existing facility that is discharging
non-domestic wastewater will be considered an "existing user" if no significant changes are made in
the manufacturing operation.
Pass Throueh: A discharge which exits the POTW into the waters of the United States in quantities
or concentrations which alone or in conjunction with a discharge or discharges from other sources,
is cause of a violation of any requirement by the City of Rexburg's NPDES permit.
Permittee: A person or user issued a wastewater discharge permit
Person: Any individual, partnership, co -partnership, firm, company, corporation, association, joint
stock company, trust, estate, governmental entity, or any other legal entity; or their legal
representatives , agents, or assigns. This definition includes all federal, State, or Local governmental
agencies.
pH: A measure of the acidity or alkalinity of a substance, expressed in standard units.
Pollutant: Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge,
medical waste, chemical waste, biological waste, radioactive materials, wrecked or discharged
equipment, rock, sand , dirt, agricultural, or industrial waste, and the characteristics of wastewater
pH, temperature, TSS, color, BOD, chemical Oxygen demand (COD), toxicity, or odor.
Pretreatment; The reduction of the amount of pollutants, the elnriination of pollutants, or the
alteration of the nature of the pollutant properties in wastewater prior to introducing such pollutants
into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological
processes; by process changes; or by other means (except for diluting the concentration of the
pollutants unless allowed by an applicable pretreatment standard)
Pretreatment Requirement: Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
Pretreatment Standard(s): Prohibited discharge standards, categorical pretreatment standards, and
local limits and or BM -Ps established by the City of Rexburg POTW.
Prohibited Discharge Standards: Absolute prohibitions against the discharge of certain substances,
which appear in section 2.1 (A) and (B) of this ordinance.
Publicly Owned Treatment Works (POTW): A "treatment works," as defined by section 212 of the
act (33 U.S.C. 1292) which is owned by the City of Rexburg. This definition
includes any devices or systems used in collections, storage, treatment, recycling, and reclamation of
sewage or industrial waste of a liquid nature and any conveyances which convey wastewater to a
treatment plant.
Septic Tank Waste: Any sewage from holding tanks such as vessels, chemical toilets, campers,
trailers, and septic tanks.
7
Ordinance 1016 (Wastewater)
Sewage: Human excrement and gray water (household showers, dishwashers, other household
operations.
Sewer: Any pipe, conduit ditch, or other device used to collect and transport sewage from the
generating source.
Sha Ma : "Shall" is mandatory, "May" is permissive.
Significant Industrial User:
(1) A user subject to categorical pretreatment standards; or
(2) A user that:
a) Discharges an average of 25,000 GPD or more of process wastewater to the POTW
(excluding sanitary, non -contact cooling, and boiler blow down wastewater): or
b) Contributes a process waste stream which makes five (5) percent or more of the average
dry weather hydraulic or organic capacity of the POTW; or
c) Is designated as such by the City of Rexburg on the basis that is has a reasonable
potential to adversely affect the POTW's operation or violate any pretreatment standards or
requirements.
(3) Upon finding that a user meeting the criteria in sub-section(2) has no reasonable potential
for adversely affecting the POTW's operation or for violating any applicable pretreatment
standards or requirements. The City of Rexburg may at any time, on its own initiative or in
response to a petition received from a user [ in accordance with procedures in 40 CFR
403.8(£)(6) ] determine that such user should not be considered significant industrial user.
Slug Load: Any discharge at a flow rate or concentration which could cause a violation of the
discharge standards in section2.1 through 2.4 of this ordinance or any discharge of non-toutine,
episodic nature, including but not limited to, accidental spill or non -customary batch discharge.
Standard Industrial Classification (SIC) Code: A classification pursuant to the Standard Industrial
Classification Manual issued by the United States Office of Management and Budget.
Storm Water: Any flow occurring during or following any form of natural precipitation, and
resulting from such precipitation, including snowmelt.
Superintendent/Foreman: The person designate by the City of Rexburg to supervise the operations
of the POTW, and who is in charge of certain duties and responsibilities by this ordinance, and duly
authorized representative.
Total Suspended Solids: The total suspended matter that floats on the surface of, or is suspended in
water, wastewater, or other liquid, and which is removed by laboratory filtering.
Treatment Plant Effluent: The discharge from the POTW into waters of the United States.
User or Industrial User: A source of indirect discharge. The source shall not include "domestic user"
as defined herein.
Wastewater: Liquid and water -carried industrial wastes and sewage from the residential dwellings,
commercial buildings, industrial manufacturing facilities, and institutions, whether treated or
untreated, which are contributed to the POTW.
Wastewater Discharge Permits (Industrial Wastewater Discharge Permitl: An authorization or
equivalent control document issued by the City of Rexburg to users discharging wastewater to the
POTW. The permit may contain appropriate pretreatment standards and requirements as set forth
in this ordinance.
Wastewater Treatment Plant or Treatment Plant: The portion of the POTW which is designed to
provide treatment of municipal sewage and industrial waste
1.4 Abbreviations
Ordinance 1016 (Wastewater)
The following abbreviations shall have the designated meanings:
ASPP Accidental Spill Prevention Plan
BOD Biochemical Oxygen Demand
CFR Code of Federal Regulations
COD Chemical Oxygen Demand
EPA U.S. Environmental Protection Agency
GPD Gallons Per Day
IWA Industrial Waste Acceptance
L Liter
LEL Lower Explosive Limit
MG Milligrams
MGL Milligrams per liter
NPDES National Pollutant Discharge Elimination System
O&M Operation & Maintenance
POTW Publicly Owned Treatment Works
RCRA Resource Conservation and Recovery Act
SIC Standard Industrial Classification
SWDA Solid Waste Disposal Act (42 U.S.C. 6901,)
TSS Total Suspended Solids
USC United States Cod
SECTION 2 - GENERAL REQUIREMENTS
2.1 Prohibited Discharge Standards
A. General Prohibitions: No user shall introduce or cause to be introduced into the POTW any
pollutant or wastewater which causes pass through or interference. These general prohibitions
apply to all users of the POTW whether or not they are subject to categorical pretreatment
standards or any other National, State, or local pretreatment standards or requirements.
B. Specific Prohibitions: No user shall introduce or cause to be introduced into the POTW the
following pollutants, substances, or wastewater:
(1) Pollutants which create a fire or explosive hazard in the POTW, including, but not
limited to, waste streams with a closed -cup flashpoint of less than 140°F (60°C) using
the test methods specified in 40 CFR 261.21;
(2) Wastewater having a pH less than 6.5 or more than 9.0, or otherwise causing corrosive
structural damage to the POTW or equipment;
(3) Solid or viscous substances which will cause obstruction of the flow in the POTW
resulting in interference.
(4) Pollutants, including oxygen -demanding pollutants (BOD, etc.), released in a discharge
at a flow rate and/or pollutant concentration which, either singly or by interaction with
other pollutants, will cause interference with the POTW;
Ordinance 1016 (Wastewater)
(5) Wastewater having a temperature which will inhibit biological activity in the treatment
plant resulting in interference, but in no case wastewater which causes the temperature
at the introduction into the treatment plant to exceed 104°F (40°C) unless the
Approval Authority, upon the request of the POTW, approves alternate temperature
limits;
(6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin, in
amounts that will cause interference or pass through;
(7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the
POTW in a quantity that may cause acute worker health and safety problem.
(8) Trucked or hauled pollutants, except at discharge points designated by the City.
(9) Noxious or malodorous liquids, gases, solids, or other wastewater which, either
singly or by interaction with other wastes, are sufficient to create a public nuisance
or a hazard to life, or to prevent entry into the sewers for maintenance or repair;
(10) Wastewater which imparts color which cannot be removed by the treatment process,
such as, but not limited to, dye wastes and vegetable tanning solutions, which
consequently imparts color to the treatment plant's effluent, thereby violating the City's
NPDES permit. Color (in combination with turbidity) shall not cause the treatment
plant effluent to reduce the depth of the compensation point for photosynthetic
activity by more than ten percent (10%) from the seasonably established norm for
aquatic life
(11) Wastewater containing any radioactive wastes or isotopes except as specifically
approved by the Superintendent in compliance with applicable State or Federal
regulations;
(12) Storm water, surface water, ground water, artesian well water, roof runoff, subsurface
drainage, swimming pool drainage, condensate, de -ionized water, non -contact cooling
water, and unpolluted wastewater, unless specifically authorized by the Superintendent;
(13) Any sludges, screenings, or other residues from the pretreatment of industrial wastes or
from industrial processes;
(14) Medical wastes, except as specifically authorized by the Superintendent;
(15) Wastewater causing, alone or in conjunction with other sources, the treatment plant's
effluent to fail a toxicity test;
(16) Detergents, surface-active agents, or other substances which may cause excessive
foaming in the POTW;
(17) Any liquid, 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 meter, at the point of
discharge into the system (or at any point in the system), be more than five (5%)
percent nor any single reading over ten (10%) per cent of the lower explosive limit
(LEL) of the meter.
(18) Grease, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails,
whole Blood, feathers, ashes, cinders, sand, spent lime, stone or marble dusts, metal,
glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood
plastic, gas, tar, residues from refining or processing of fuels, mud, glass grinding or
polishing wastes.
(19) Any substance which will cause the POTW to violate its NPDES and/or other disposal
system permits.
(20) Any wastewater, which in the opinion of the Superintendent can cause harm either to
the sewers, sewage treatment process, or equipment; have an adverse effect on the
10
Ordinance 1016 (Wastewater)
receiving stream; or can otherwise endanger life, limb, public property, or constitute a
nuisance, unless allowed under special agreement by the Superintendent (except that no
special waiver shall be given from categorical pretreatment standards).
(21) The contents of any tank or other vessel owned or used by any person in the business
of collecting or pumping sewage, effluent, septage, or other wastewater unless said
person has first obtained testing and approval as may be generally required by the City
of Rexbute and paid all fees assessed for the privilege of said discharge.
(22) Any hazardous wastes as defined in rules published by the State of Idaho or in EPA
rules 40 CFR Part 261.
(23) Persistent pesticides and/or pesticides regulated by the Federal Insecticide Fungicide
Rodenticide Act (FIFRA)
Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in
such a manner that they could be discharged to the POTW.
2.2 Federal Categorical Pretreatment Standards
The National categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts
405-471 are hereby incorporated.
2.3 State Requirements
State requirements and limitations on discharges to the POTW shall be met by all users which are
subject to such standards in any instance in which they are more stringent than federal requirements
and limitations, or those in this ordinance or other applicable ordinance.
2.4 Local Limits
The following pollutant limits are established to protect against pass through and interference. No
person shall discharge wastewater containing in excess of the following daily maximum allowable
discharge limits.
DailyMaximum
Parameter
0.4380
mg/1
Arsenic
0.2600
mg/1
Cadmium
1.7100
mg/1
Chromium
2.07
mg/l
Copper
0.3067
mg/l
Cyanide T
0.3342
mg/1
Lead
0.0041
mg/1
Mercury
2.3800
mg/1
Nickel
125
mg/1
Oil and Grease (petroleum and vegetable based)
0.4135
mg/1
Silver
1.6929
mg/1
Zinc
PH >6.5to<9.0
The above limits apply at the point where the wastewater is discharged to the POTW (end of the
pipe). All concentrations for metallic substances are for "total" metal unless indicated otherwise.
The Superintendent may impose mass limitations in addition to (or in place of) the concentration -
based limitations above. Where a user is subject to a categorical pretreatment standard and a local
limit for a given pollutant, the more stringent limit or applicable pretreatment standard shall apply.
2.5 City's Right of Revision
The City reserves the right to establish, by ordinance or in industrial wastewater discharge permits,
more stringent standards or requirements on discharges to the POTW
2.6 Special Agreement
The City reserves the right to enter into special agreements with users setting out special terms
under which they may discharge to the POTW. In no case will a special agreement waive
compliance with a categorical pretreatment standard or federal pretreatment requirement. However,
the user may request a net gross adjustment to a categorical standard in accordance with 40 CFR
1I
Ordinance 1016 (Wastewater)
403.15. They may also request a variance from the categorical pretreatment standard from the
Approval Authority in accordance with 40 CFR 403.13.
2.7 Dilution
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 an applicable
pretreatment standard or requirement unless expressly authorized by an applicable pretreatment
standard or requirement. The Superintendent may impose mass limitations on a user which he
believes may be using dilution to meet applicable pretreatment standards or requirements, or in
other cases when the imposition of mass limitations is appropriate.
2.8 Pretreatment Facilities
Users shall provide necessary wastewater treatment as required to comply with this ordinance and
shall achieve compliance with all applicable pretreatment standards and requirements set out in this
ordinance within the time limitations specified by the EPA, the State, or the Superintendent,
whichever is more stringent. Any facilities required to pre -treat wastewater to a level acceptable to
the City shall be provided, operated, and maintained at the user's expense. Detailed plans showing
the pretreatment facilities and operating procedures shall be submitted to the City for review, and
shall be acceptable to the City before construction of the facility. The review of such plans and
operating procedures will in no way relieve the user from the responsibility of modifying the facility
as necessary to produce an acceptable discharge to the. City under the provisions of this ordinance.
2.9 Deadline for Compliance with Applicable Pretreatment Requirements
Compliance by existing sources covered by Categorical Pretreatment Standards shall be within 3
years of the date the Standard is effective unless a shorter compliance time is specified in the
appropriate Standard. The City shall establish a final compliance deadline date for any existing user
not covered by Categorical Pretreatment Standards ovfor any categorical user when the local limits
for said user are more restrictive than EPA's Categorical Pretreatment Standards.
New source dischargers and "new users" are required to comply with applicable pretreatment
standards within 3 years of the date the standard is effective unless a shorter compliance time is
specified in the appropriate standard. The City shall establish a final compliance deadline date for
any existing user not covered by the categorical pretreatment standards or for any categorical user
when the local limits for said user are more than the federal categorical pretreatment standards. New
Sources and "new users" are required to comply with applicable standards within the shortest
feasible time, Any industrial wastewater discharge permit issued to a categorical user shall not
contain a compliance date beyond any deadline date established in EPA's Categorical Pretreatment
Standards. Any other existing user or a categorical user that must comply with a more stringent
local limit, which is in non-compliance with any local limits shall be provided with a compliance
schedule placed in an industrial wastewater discharge permit to insure compliance within the
shortest time feasible.
2.10 Additional Pretreatment measures
A) Whenever deemed necessary the wastewater Foreman or Public Works Director may
require users 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 wastestream's from industrial wastestream's, and such other
conditions as may be necessary to protect the POTW and determine the user's compliance
with the requirements of this ordinance.
B) Each user discharging into the POTW greater than 10,000 gallons per day or greater than ten
percent (10%) of the average daily flow into the POTW, whichever is less, shall install and
maintain, on his property and at his expense, a suitable storage and flow -control facility to
insure equalization of flow over a twenty four (24) hour period. The facility shall have a
capacity for at least ten percent (10%) of the daily discharge volume and shall be equipped
with alarms and a rate of discharge controller, the regulation of which shall be directed by
the Superintendent. An Industrial Waste Acceptance Permit may be issued solely for flow
equalization.
C) Grease, oil, and sand interceptors shall be provided when, in the opinion of the
Superintendent, they are necessary for the proper handling of wastewater containing
excessive amounts of grease and oil, or sand, except that such interceptors shall not be
required for residential users. All interception units shall be of type and capacity approved
12
Ordinance 1016 (Wastewater)
by the Superintendent and shall be so located to be easily accessible for cleaning and
inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed,
by the user at his expense.
D) Users with the potential to discharge flammable substances may be required to install and
maintain an approved combustible gas detection meter.
2.11 Accidental Spill Prevention Plans
The Superintendent may require any user to develop and implement an accidental spill prevention
plan (ASPP) or slug control plan. Where deemed necessary by the City, facilities to prevent
accidental discharge or slug discharges of pollutants shall be provided and maintained at the user's
cost and expense. An accidental spill prevention plan or slug control plan showing facilities and
operating procedures to provide this protection shall be submitted to the City for review and
approval before implementation. The City shall determine which user is required to develop a plan
and require said plan to be submitted within 30 days after notification by the City. Each user shall
implement its ASPP as submitted or as modified after such plan has been reviewed and approved by
the City. Review and approval of such plans and operating procedures by the City shall not relieve
the user from the responsibility to modify its facility as necessary to meet the requirements of this
ordinance.
A. Any user required to develop and implement an accidental spill prevention plan shall submit
a plan which addresses, at a minimum, the following:
(1) Description of discharge practices, including non -routine batch discharges;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying the POTW of any accidental or slug discharge.
Such notification must also be given for any discharge which would violate any of the
standards of this ordinance; and
(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 chemicals (including solvents), and/or measures and
equipment for emergency response.
B. Users shall notify the City Wastewater Treatment Plant immediately after the occurrence of a
slug or accidental discharge of substances regulated by this Ordinance. The notification shall
include location of discharge, date and time thereof, type of waste, concentration and
volume, and corrective actions. Any affected user shall be liable for any expense, loss, or
damage to the POTW, in addition to the amount of any fines imposed on the City on
account thereof under state or federal law.
C. Within five (5) days following an accidental discharge, the user shall submit to the
Superintendent 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 notification
shall not relieve the user of any expense, loss, damage, or other liability which may be
incurred as a result of damage to the POTW, fish kills, or any other damage to person or
property nor shall such notification relieve the user of any fines, civil penalties, or other
liability which may be imposed by this Ordinance or other applicable law.
D. Signs shall be permanently posted in conspicuous places on the user's premises advising
employees whom to call in the event of a slug or accidental discharge. Employers shall
instruct all employees who may cause or discover such a discharge with respect to
emergency notification procedures.
2.12 Septic Tank Waste, and Haulers
A. Septic tank waste may be introduced into the POTW only at a designated receiving structure
within the treatment plant area, and at such times as are established by the Superintendent.
Such wastes shall not violate this Section of the ordinance or any other requirements
established or adopted by the City. Industrial Waste Acceptance Permits for individual
vehicles to use such facilities shall be issued by the Superintendent.
13
Ordinance 1016 (Wastewater)
B. Septic tank waste haulers may only discharge loads at locations specifically designated by the
Superintendent. No load may be discharged without prior consent of the Superintendent.
The Superintendent may collect samples of each hauled load to ensure compliance with
applicable pretreatment standards. The Superintendent may require the hauler to provide a
waste analysis of any load prior to discharge.
C. Septic tank waste haulers must provide a waste -tracking form for every load. This form shall
include, at a minimum, the name and address of the waste hauler, permit number, truck
identification, sources of waste, and volume and characteristics of waste.
D. Fees for dumping hauled wastes will be established in section 14 pretreatment charges and
fees of this ordinance.
SECTION 3 - WASTEWATER DISCHARGE PERMIT REQUIREMENTS
No significant industrial user shall discharge wastewater into the POTW without first obtaining a
wastewater discharge permit from Wastewater Department; the permit must be enforceable and
contain all the elements as required by 40 CFR 403.8(f (1)(iii)(B). Any violation of the terms and
conditions of a wastewater discharge permit shall be deemed a violation of this ordinance and
subjects the wastewater discharge pemzittee to the sanctions set forth in this ordinance. Obtaining a
wastewater discharge permit does not relieve a pemiittee of its obligation to comply with all Federal
and State pretreatment standards or requirements or with any other requirements of Federal, State,
and local law.
The Superintendent, or Public Works Director may require other users, including liquid waste
haulers, to obtain wastewater discharge permits (as necessary) to carry out the purposes of this
ordinance
3.1 Wastewater Discharge Permitting: ExistinP SIU
Any SIU that was discharging wastewater into the'POTW prior to the effective date of this
ordinance and that wishes to continue such discharges in the future shall, within [60] days after
notification by the wastewater Department, submit a permit application to the City of Rexburg in
accordance with Section 3.4 of this ordinance and shall not cause or allow discharges to the POTW
to continue after 180 days after the effective date of this ordinance except in accordance with a
wastewater discharge permit issued by the City of Rexburg Wastewater Department.
3.2 Wastewater Discharge Permitting: New Source and New user
At least 90 days prior to the anticipated start-up, any new source, which is a source that becomes a
user subsequent to the proposal of an applicablecategorical pretreatment standard that is later
promulgated, and any new user considered by the City to fit the definition of SIU shall apply for a
wastewater discharge permit and will be required to submit to the City at least the information listed
in paragraphs (A) -(E) of Section 3.4. A new source or new user cannot discharge without first
receiving a wastewater discharge pexn it from the City. New sources and new users shall also be
required to include in their application information on the method of pretreatment they intend to
use to meet applicable pretreatment standards. New Sources and new users shall give estimates of
the information requested in paragraphs (D) and (E) of Section 3.4.
3.3 Wastewater Discharge Permitting: Extra -jurisdictional Users
Any existing user who is located beyond the City limits and who is required to obtain a wastewater
discharge permit shall submit a wastewater discharge permit application as outlined in Section 3.1.
New Source and new users who are located beyond [the City] limits and who are required to obtain
a wastewater discharge permit shall comply with Section 3.2.
3.4 Wastewater Discharge Permit Application Contents
All users required to obtain a wastewater discharge permit must submit, at a minimum, the following
information. Wastewater Department shall approve a form to be used as a permit application.
Categorical users submitting the following information shall have complied with 40 CFR'403.12(b).
A. Identif jng information: rmationrmation: The user shall submit the name and address of the facility including
the name of the operator and owners;
14
Ordinance 1016 (Wastewater)
B. Permits: The user shall submit a list of all environmental control permits held by or for the
facility;
C. Description of operations: The user shall submit a brief description of the nature, average
rate of production, and Standard Industrial Classification of the operation(s) carried out by
such Industrial User, including a list of all raw materials and chemicals used or stored at the
facility which are or could accidentally or intentionally be discharged to the POTW; number
and type of employees; hours of operation; each product produced by type, amount, process
or processes, and rate of production; type and amount of raw materials processed (average
and maximum per day) and the time and duration of discharges. This description should also
include a schematic process diagram which indicates points of discharge to the POTW from
the regulated or manufacturing processes; site plans; floor plans; mechanical and plumbing
plans; and details to show all sewers, sewer connections, inspection manholes, sampling
chambers and appurtances by size, location and elevation.
D. Flow Measurement.
(1) Categorical User: The user shall submit information showing the measured average
daily and maximum daily flow, in gallons per day, to the POTW from each of the
following:
(i) Regulated or manufacturing process streams; and
(ii) Other streams as necessary
(iii) The user shall take a minimum of one representative sample to compile that data
necessary to comply with the requirements of this paragraph.
(iv) Where an alternate concentration or mass limit has been calculated in accordance
with 40 CFR'403.6(e) for a categorical user, this adjusted limit along with
supporting data shall be submitted as part of the application.
(2) Non -Categorical User
(i) The user shall identify the applicable pretreatment standards for its wastewater
discharge.
(ii) In addition, the user shall submit the results of sampling and analysis identifying
the nature and concentration in the discharge (or mass where required by the
City of regulated pollutants contained in Sections 2.1 through 2.4, as appropriate.
Both daily maximum and average concentration (ox mass, where required) shall
be reported. The sample shall be representative of daily operations and shall
conform to sampling and analytical procedures outlined in Section 5.
(iii) The user shall take a minimum of one representative sample to compile that data
necessary to comply with the requirements of this paragraph.
(iv) Where the Wastewater Department developed alternate concentration or mass
limits because of dilution, this adjusted limit along with supporting data shall be
submitted as part of the application.
E. Certification: The user shall submit a statement, worded as specified in Section 3.5, which
has been reviewed by an authorized representative of the user, and certified by a qualified
professional, indicating whether the applicable Pretreatment Standards are being met on a
consistent basis, and, if not, whether additional operation and maintenance (O and M)
and/or additional pretreatment is required for the user to meet the applicable Pretreatment
Standards and Requirements.
F. Compliance Schedule: If additional pretreatment and/or O and M will be required to meet
the applicable Pretreatment Standards, the user shall submit the shortest schedule by which
the user will provide such additional pretreatment and/or O and M. The user's schedule
shall conform with the requirements of Section 4:4. The completion date in this schedule
shall not be later than the compliance date established pursuant to Section 2.9 of this
Ordinance.
15
Ordinance 1016 (Wastewater)
(1) Where the user's categorical Pretreatment Standard has been modified by a removal
allowance (40 CFR'403.7), the combined wastestream formula (40 CFR'403.6(e)),
and/or a Fundamentally Different Factors variance (40 CFR'403.13) at the time the user
submits the report required by this paragraph, the information required by paragraphs
(F) and (G) of this section shall pertain to the modified limits.
(2) If the categorical Pretreatment Standard is modified by a removal allowance (40 CFR
'403.7), the combined wastestream formula (40 CFR'403.6(e)), and/or a Fundamentally
Different Factors variance (40 CFR'403.13) after the user submits the report required by
paragraphs (F) and (G) of this section, then a report containing modified information
shall be submitted by the user within 60 days after the new limit is approved.
G. The user shall submit any other information as may be deemed necessary by the Wastewater
Department to evaluate the discharge permit application.
3.5 Signatory and Certification Requirement
All wastewater discharge permit applications and user reports must be signed by a responsible
officer or manager, or sole proprietor or general partner as applicable, or duly authorized
representative. For the purpose of this section, a responsible officer or manager means: a president,
vice-president, secretary, or treasurer of the corporation in charge of a principal business function,
or any other person who performs similar policy- or decision-making functions for the corporation,
or the manager of one or more manufacturing, production, or operating facilities, provided, the
manager is authorized to make management decisions which govern the operation of the regulated
facility including having the explicit or implicit duty of making major capital investment
recommendations and initiating and directing other comprehensive measures assure long-term
environmental compliance with environmental laws and regulations; can ensure that the necessary
systems are established or actions taken to gather complete and accurate information for control
mechanism requirements; and where authority to sign documents has been assigned or delegated to
the manager in accordance with corporate procedures. This authorization must be made in writing
by the principal executive officer or ranking elected official and submitted to the Approval Authority
prior to or together with the report being submitted of the user and contain the following
certification statement:
A duly authorized representative is an individual designated by the responsible officer, manager, sole
proprietor or general partner in writing. The written authorization must be submitted to the City and
also specifies either an individual or a position having the responsibility of the overall operation of
the facility from with the Industrial Discharge originates, such as the position of plant manager,
operator of a well, or well field superintendent, or a position of equivalent responsibility, or having
overall responsibility for environmental matters for the company. If an authorization in this section
is no longer accurate because a different individual or position has responsibility for the overall
operation of the facility, or overall responsibility for environmental matters for the company, a new
authorization satisfying the requirements of this section must be submitted to the City prior to or
together with any reports to be signed by an authorized representative.
"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 fines and imprisonment for knowing violations."
3.6 Wastewater Discharge Permit Decisions
The Wastewater Department will evaluate the data furnished by the user and may require additional
information. Within 60 days of receipt of a complete wastewater discharge permit application, the
Wastewater Personnel will determine whether or not to issue a wastewater discharge permit. Upon a
determination to issue, the permit shall be issued within [30] days of full evaluation and acceptance
of the data furnished. The Wastewater Facility may deny any application for a wastewater discharge
permit.
16
Ordinance 1016 (Wastewater)
3.7 Wastewater Discharge Permit Contents
Wastewater discharge permits shall include such conditions as are reasonably deemed necessary by
the Wastewater department to prevent pass through or interference, protect the quality of the water
body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge
management and disposal, and protect against damage to the POTW. Wastewater discharge permits
must contain the following conditions:
1. A statement that indicates wastewater discharge permit duration, which in no event shall
exceed five (5) years;
2. A statement that the wastewater discharge permit is non -transferable without prior
notification to and approval from the City, and provisions for furnishing the new owner or
operator with a copy of the existing wastewater discharge permit;
3. Applicable pretreatment standards and requirements, including any special State
requirements;
4. Self monitoring, sampling, reporting, notification, submittal of technical reports, compliance
schedules, and record-keeping requirements. These requirements shall include an
identification of pollutants to be monitored, sampling location, sampling frequency, and
sample type based on Federal, State, and local law;
5. Requirement for immediate notification to the City where self-monitoring results indicate
non-compliance;
6. Requirement to report a bypass or upset of a pretreatment facility;
7. Requirement to report immediately to the City all discharges, including slug loadings, that
could cause problems to the POTW;
8. Requirement for the SIU who reports non-compliance to repeat the sampling and analysis
and submit results to the City Wastewater Department within 30 days after becoming aware
of the violation.
9. A statement of applicable civil, criminal, and administrative penalties for violation of
pretreatment standards and requirements, and any applicable compliance schedule.
10. Requirements to control Slug discharges, if determined by the POTW to be necessary.
3.8 Wastewater Discharge Permit Appeals
Any person, including the user, may petition the City to reconsider the terms of a wastewater
discharge permit within 30 days of its issuance.
A. Failure to submit a timely petition for review shall be deemed to be a waiver of the
administrative appeal.
B. In its petition, the appealing party must indicate the wastewater discharge permit provisions
objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place
in the wastewater discharge permit.
C. The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
D. If the City fails to act within 90 days, a request for reconsideration shall be deemed to be
denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater
discharge permit, or not to modify a wastewater discharge permit shall be considered final
administrative actions for purposes of judicial review.
E. Aggrieved parties seeking judicial review of the final administrative wastewater discharge
permit decision must do so by filing a complaint with the Madison County 7' Judicial Court.
fVA
Ordinance 1016 (Wastewater)
3.9 Wastewater Discharge Permit Duration
Wastewater discharge permits shall be issued for a specified time period, not to exceed five
(5) years. A wastewater discharge permit may be issued for a period less than five (5) years, at the
discretion of the wastewater Department. Each wastewater discharge permit will indicate a specific
date upon which it will expire.
3.10 Wastewater Discharge Permit Modification
The Wastewater Department may modify the wastewater discharge permit for good cause including,
but not limited to, the following:
A. To incorporate any new or revised Federal, State, or local pretreatment standards or
requirements;
B. To address significant alterations or additions to the user's operation, processes, or
wastewater volume or character since the time of wastewater discharge permit issuance;
C. A change in the POTW that requires either a temporary or permanent reduction or
elimination of the authorized discharge;
D. Information indicating that the permitted discharge poses a threat to the City's POTW, the
City of Rexburg Wastewater Personnel, or the receiving waters;
E. Violation of any terms or conditions of the wastewater discharge permit;
F. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge
permit application or in any required report;
G. Revision of or a grant of variance from categorical pretreatment standards pursuant to 40
CFR '403.13;
H. To correct typographical or other errors in the wastewater discharge permit; or
I. To reflect a transfer of the facility ownership and/or operation to a new owner/operator.
3.11 Wastewater Discharge Permit Transfer
Wastewater discharge permits may be reassigned or transferred to a new owner and/or operator
only if the pertnittee gives at least 30 days advance notice to wastewater department and the
Superintendent approves the wastewater discharge permit transfer. The notice to the department
must include a written certification by the new owner and/or operator which:
A) States that the new owner and/or operator has no immediate intent to change the
facility's operations and processes;
B) Identifies the specific date on which the transfer is to occur; and
C) Assumes full responsibility for complying with the existing wastewater discharge
Permit, beginning on the date of the transfer.
Failure to provide advance notice of a transfer renders the wastewater discharge permit voidable as
of the date of facility transfer.
3.12 Wastewater Discharge Permit Revocation
Wastewater discharge permits may be revoked for, but not limited to, the following
reasons:
A) Failure to notify the City of significant changes to the wastewater prior to the changed
discharge;
B) Failure to provide prior notification to the City of changed conditions;
18
Ordinance 1016 (Wastewater)
C) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge
permit application;
D) Falsifying self-monitoting reports;
Tampering with monitoring equipment;
E) Refusing to allow the City timely access to the facility premises and records;
F) Failure to meet discharge limitations;
G) Failure to pay fines;
H) Failure to pay sewer charges;
I) Failure to meet compliance schedules;
J) Failure to complete a wastewater survey or the wastewater discharge permit application;
K) Failure to provide advance notice of the transfer of a permitted facility; or
L) If the City has to invoke its emergency provision as cited in Section 9.7 of the Ordinance
Emergency Suspension.
M) Violation of any pretreatment standard or requirement, or any terms of the wastewater
discharge permit or this ordinance.
N) Wastewater discharge permits shall be voidable upon cessation of operations or transfer of
business ownership. All wastewater discharge permits issued to a particular user are void
upon the issuance of a new wastewater discharge permit to that user.
3.13 Wastewater Discharge Permit Reissuance
A user who is required to have a wastewater discharge permit shall apply for wastewater discharge
permit reissuance by submitting a complete wastewater discharge permit application, in accordance
with Section 3.4 of this ordinance, a minimum of 180 days prior to the expiration of the user's
existing wastewater discharge perniit. A user whose existing wastewater discharge permit has expired
and who has submitted its re-application in the time period specified herein shall be deemed to have
an effective wastewater discharge permit until the City issues or denies the new wastewater discharge
permit. A user whose existing wastewater discharge permit has expired and who failed to submit its
re-application in the time period specified herein will be deemed to be discharging without a
wastewater discharge permit.
SECTION 4 - REPORTING REQUIREMENTS
4.1 Baseline Monitoring Reports
A. Within either one hundred and eighty (180) days after the effective date of a 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 be required to submit to the Wastewater
personnel a report which contains the information listed in paragraph B, below. At least
ninety (180) days prior to commencement of their discharge, new sources, and sources that
become categorical users subsequent to the promulgation of an applicable categorical
standard, shall be required to submit to the Wastewater Department a report which contains
the information listed in paragraph B, below. A new source shall also be requited to report
the method of pretreatment it intends to use to meet applicable categorical standards. A new
source shall also give estimates of its anticipated flow and quantity of pollutants discharged.
B. Users described above shall submit the information set forth below.
(1) Identifime Information. The name, and address of the facility, including the name of the
operator and owner.
(2) Environmental Permits. A list of any environmental control permits held by or for the
facility.
1K
Ordinance 1016 (Wastewater)
(3) Description 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.
(4) 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 of the combined wastestream formula set out in 40
CFR 403.6(e).
(5) Measurement of Pollutants
(a) The categorical pretreatment standards applicable to each regulated process.
(b) 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 analyzed in accordance with
procedures set out in Section 5 of this ordinance. Sampling must be performed in
accordance with procedures set out in Section 5 of this ordinance.
(6) Certification. A statement, reviewed by the users authorized representative and
certified by a qualified professional, indicating whether pretreatment standards are
being met on a consistent basis, and, if not, whether additional Operation and
Maintenance (O&M) and/or additional pretreatment, is required to meet the
pretreatment standards and requirements.
(7) Compliance Schedule. If additional pretreatment and/or O&M will be required to
meet the pretreatment standards, the shortest schedule by which the user will
provide such additional pretreatment and/or O&M. The completion date in this
schedule shall not be later than the compliance date established for the applicable
pretreatment standard. A compliance schedule pursuant to this section must meet
the requirements set out in Section 4.4 of this ordinance.
(S) Signature and Certification. All baseline monitoring reports must be signed and
certified in accordance with Section 3.5 of this ordinance.
4.2 Final Compliance Report (Initial Compliance Report)
A. Within 90 days following the date for final compliance of an existing Significant Industrial
User with applicable pretreatment standards and requirements set forth in this ordinance, in
federal categorical standards, or in a wastewater discharge permit, or, in the case of a new
source or a new user considered by the Wastewater Department to fit the definition of SIU,
within 90 days following commencement of the introduction of wastewater into the POTW,
the affected user shall submit to the City a report containing the information outlined in
Paragraph (D) -(F) of Section 3.4.
B. For users subject to equivalent mass or concentration limits established by the City in
accordance with procedures established in 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 (or other measure of operation), this report shall include the user's actual
production during the appropriate sampling period.
4.3 Periodic Compliance Report
A. Any user that is required to have an industrial waste discharge permit and performs
self-monitoring shall comply with all applicable requirements under 40 CFR 403.12 and
submit to the wastewater department during the months of June and December, unless
required on other dates or more frequently by the City, a report indicating the nature of the
effluent over the previous reporting period. The frequency of monitoring shall be as
prescribed within the industrial waste discharge permit.
20
Ordinance 1016 (Wastewater)
B. The report shall include a record of the concentrations (and mass if specified in the
wastewater discharge permit) of the pollutants listed in the wastewater discharge permit that
were measured and a record of all flow measurements (average and maximum) taken at the
designated sampling locations and shall also include any additional information required by
this ordinance or the wastewater discharge permit. Production data shall be reported if
required by the wastewater discharge permit. Both daily maximum and average
concentration (or mass, where required) shall be reported. If a user sampled and analyzed
more frequently than what was required by the City or by this ordinance, using
methodologies in 40 CFR Part 136, it must submit all results of sampling and analysis of the
discharge during the reporting period.
C. Any user subject to equivalent mass or concentration limits established by the City or by unit
production limits specified in the applicable categorical standards shall report production
data as outlined in Section 4.2 (B).
D. If the City calculated limits to factor out dilution flows or non-regulated flows, the
user will be responsible for providing flows from the regulated process flows,
dilution flows and non-regulated flows.
E. Flows shall be reported on the basis of actual measurement, provided, however, that
the City may accept reports of average and maximum flows estimated by verifiable
techniques if the City determines that an actual measurement is not feasible. Discharges
sampled shall be representative of the user's daily operations and samples shall be taken in
accordance with the requirements specified in Section 5.
F. The City may require reporting by users that are not required to have an industrial
wastewater discharge permit if information or data is needed to establish a sewer charge,
determine the treatability of the effluent, or determine any other factor which is related to
the operation and maintenance of the sewer system.
G. The City may require self-monitoring by the user or, if requested by the user, may agree to
perform the periodic compliance monitoring needed to prepare the periodic compliance
report required under this section. If the City agrees to perform such periodic compliance
monitoring, it may charge the user for such monitoring, based upon the costs incurred by
the City for the sampling and analyses. Any such charges will be billed in a separate
transaction from the City. The City's wastewater department is under no obligation to
perform periodic compliance monitoring for a user.
4.4 Compliance schedules for meeting applicable pretreatment standards
A. The schedule shall contain increments of progress in the form of dates for the
commencement and completion of major events leading to the construction and operation
of additional pretreatment required for the user to meet the applicable pretreatment
standards (e.g., hiring an engineer, completing preliminary plans, completing final plans,
executing contract for major components, commencing construction, completing
construction, etc.).
B. No increment referred to in paragraph (A) of this section shall exceed 9 months.
C. Not later than 14 days following each date in the schedule and the final date for
compliance, the user shall submit a progress report to the City including, at a minimum,
whether or not it complied with the increment of progress to be met on such date and, if
not, the date on which it expects to comply with this increment of progress, the reason for
delay, and the steps being taken by the user to return the construction to the schedule
established. In no event shall more than 9 months elapse between such progress reports.
4.5 Notification of Significant Production Changes
Any user operating under a wastewater discharge permit incorporating equivalent mass or
concentration limits shall notify the City within two (2) business days after the user has a reasonable
basis to know that the production level will significantly change within the next calendar month. Any
user not providing a notice of such anticipated change will be required to comply with the existing
limits contained in its wastewater discharge permit.
4.6 Hazardous Waste Notification
21
Ordinance 1016 (Wastewater)
Any user that is discharging more than 15 kilograms of hazardous wastes as defined in 40 CFR 261
(listed or characteristic wastes) in a calendar month or any facility discharging any amount of acutely
hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e) is requited to provide a onetime
notification in writing to the City, to the EPA Region 10 Office of Waste and Chemicals
Management Director, and to the State of Idaho Hazardous Waste Division, Department of
Environmental Quality (DEQ). Any existing user exempt from this notification shall comply with
the requirements contained herein within 30 days of becoming aware of a discharge of 15 kilograms
of hazardous wastes in a calendar month or any discharge of acutely hazardous wastes to the City
sewer system.
Such notification shall include:
A. The name of the hazardous waste as set forth in 40 CFR Part 261,
B. The EPA Hazardous waste number; and
C. The type of discharge (continuous, batch, or other).
D. If an industrial user discharges more than 100 kilograms of such waste per calendar
Month to the sewer system, the notification shall also contain the following
information to the extent it is known or readily available to the industrial user:
(1) An identification of the hazardous constituents contained in the wastes,
(2) An estimation of the mass and concentration of such constituents in the waste
streams discharge during that calendar month, and
(3) An estimation of the mass of constituents in the waste streams expected to be
discharged during the following 12 months.
Whenever the EPA publishes final rules identifying additional hazardous wastes or new
characteristics of hazardous waste, a user shall notify the Wastewater Department of the discharge
of such a substance within 90 days of the effective date of such regulations. In the case of any
notification made under this paragraph, an 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 determined to
be economically practical.
4.7 Notice of potential problems, including accidental spills, slug loads
Any user shall notify the Control Authority and the POTW if the POTW is not the Control
Authority immediately of all discharges that could cause problems to the POTW, including any slug
loads, as defined in Section 1.3. The notification shall include the concentration and volume and
corrective action. Steps being taken to reduce any adverse impact should also be noted during the
notification. Any user who discharges a slug load of pollutants shall be liable for any expense, loss,
or damage to the POTW, in addition to the amount of any fines imposed by the City under state or
federal law.
4.8 Non -Compliance Reporting
If sampling performed by a user indicates a violation, the user shall notify the Control Authority
within 24 hours of becoming aware of the violation. The user shall also repeat the sampling within 5
days and submit the results of the repeat analysis to the Control Authority within 30 days after
becoming aware of the violation Where the Control Authority has performed the sampling and
analysis in lieu of the Industrial User, the Control Authority must performed the repeat sampling
and analysis unless it notifies the User of the violation and requires the User to perform the repeat
analysis. Re -sampling is not required if:
A. The Control Authority performs sampling at the Industrial User at a frequency of at least
once per month, or:
B. The Control Authority performs sampling at the User between the time when the initial
sampling was conducted and the time when the User or the Control Authority receives the
results of this sampling.
22
Ordinance 1016 (Wastewater)
4.9 Notification of changed discharge
All users shall promptly notify the Control Authority and the POTW if the POTW is not the
Control Authority in advance of any substantial change in the volume or character of pollutants
in their discharge, including significant manufacturing process changes, pretreatment
modifications, and the listed or characteristic hazardous wastes for which the user has submitted
initial notification under 40 CFR 403.12 (p).
4.10 Reports from Un -permitted Users
All users not required to obtain a wastewater discharge permit shall provide appropriate reports to
the City as the Wastewater Foreman may require.
4.11 Record Keevin
Users subject to the reporting requirements of this ordinance shall retain and make available for
inspection and copying allrecords of information obtained pursuant to any monitoring activities
required by this ordinance and any additional records of information obtained pursuant to
monitoring activities undertaken by the user independent of such requirements. Records shall
include the date, exact place, method, and time of sampling and the name of the person(s) taking the
samples; the dates analyses were performed; who performed the analyses; the analytical techniques
or methods used; and the results of such analyses. These records shall remain available for a period
of at least three (3) years. This period shall be automatically extended for the duration of any
litigation concerning the user or POTW, or where the user has been specifically notified of a longer
retention period by the Superintendent.
SECTION 5 - SAMPLING AND ANALYTICAL REQUIREMENTS
5.1 Sampling Requirements for Users
A. Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and
volatile organic compounds. For all other pollutants, 24-hour composite samples must be
obtained through flow -proportional composite sampling techniques, unless time -
proportional composite sampling or grab sampling is authorized by the Control Authority,
the samples must be representative of the Discharge and the decision to allow the alternative
sampling must be documented in the Industrial User file for that facility or facilities. Using
protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate
EPA guidance, multiple grab samples collected during the 24-hour period may be
composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the
samples may be composited in the laboratory. Composite samples for other parameters
unaffected by compositing procedures as documented in approved EPA methodologies may
be authorized by the Control Authority, as appropriate.
B. For sampling required in support of baseline monitoring and 90 -day compliance reports, a
minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and
grease, sulfide and volatile organic compounds for facilities for which historical sampling
data do not exist; for facilities for which historical sampling data are available, the Control
Authority may authorize a lower minimum. For the reports required by 40 CFR 403.12 (e)
and (h), the Control Authority shall require the number of grab samples necessary to assess
and assure compliance by Industrial Users with Applicable Pretreatment Standards and
Requirements.
C. Samples shall be taken immediately downstream from pretreatment facilities if such exist,
immediately downstream from the regulated or manufacturing process if no pretreatment
exists, or at a location determined by the City and specified in the users wastewater
discharge permit. For categorical users, if other wastewaters are mixed with the regulated
wastewater prior to pretreatment, the user shall measure the flows and concentrations
necessary to allow use of the combined waste stream formula of 40 CFR'403.6(e) in order to
evaluate compliance with the Applicable Categorical Pretreatment Standards. For other
SIUs, for which the City has adjusted its local limits to factor out dilution flows, the user
shall measure the flows and concentrations necessary to evaluate compliance with the
adjusted pretreatment standard(s).
23
Ordinance 1016 (Wastewater)
5.2 Analytical Requirements
All pollutant analyses, including sampling techniques, shall be performed in accordance with the
techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical
pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for
the pollutant in question, sampling and analyses must be performed in accordance with procedures
approved by the EPA.
5.3 City Monitoring of User's Wastewater
The City will follow the same procedures as outlined in Sections 5.1 and 5.2.
SECTION 6 - COMPLIANCE MONITORING
6.1 Inspection and Sampling
The City shall have the right to enter the facilities of any user to ascertain whether the purpose of
this ordinance and any wastewater discharge permit or order issued hereunder is being met and
whether the user is complying with all requirements thereof. Users shall allow the wastewater
personnel ready access to all parts of the premises for the purposes of inspection, sampling, records
examination and copying, and the performance of any additional duties.
A. Where a user has security measures in force which require proper identification and clearance
before entry into its premises, the user shall make necessary arrangements with its security
guards so that, upon presentation of suitable identification, the wastewater personnel will be
permitted to enter without delay for the purposes of performing specific responsibilities.
B. The superintendent or duly sworn official shall have the right to set up on the user's
property, or require installation of, such devices as are necessary to conduct sampling and/or
metering of the user's operations.
C. Any temporary or permanent obstruction to safe and easy access to the facility to be
inspected and/or sampled shall be promptly removed by the user at the written or verbal
request of the Superintendent and shall not be replaced. The costs of clearing such access
shall be borne by the user.
D. Unreasonable delays in allowing the wastewater personnel access to the user's premises shall
be a violation of this ordinance.
6.2 Monitoring Facilities
Each user shall provide and operate at its own expense a monitoring facility to allow inspection,
sampling, and flow measurements of each sewer discharge to the City. Each monitoring facility shall
be situated on the users premises, except, where such a location would be impractical or cause
undue hardship on the user, the City may concur with the facility being constructed in the public
street or sidewalk area, providing that the facility is located so that it will not be obstructed by
landscaping or parked vehicles. The Superintendent, whenever applicable, may require the
construction and maintenance of sampling facilities at other locations for example, at the end of a
manufacturing line or a wastewater treatment system.
There shall be ample room in or near such sampling facility to allow accurate sampling and
preparation of samples for analysis. The facility, including the sampling and measuring equipment,
shall be maintained at all times in a safe and proper operating condition at the expense of the user.
The Superintendent may require the user to install monitoring equipment as necessary. All
monitoring facilities shall be constructed and maintained in accordance with all applicable local
construction standards and specifications. All devices used to measure wastewater flow and quality
shall be calibrated to ensure their accuracy.
6.3 Search Warrants
If the wastewater personnel has been refused access to a building, structure or property, or any part
thereof and is able to demonstrate probable cause to believe that there may be a violation of this
ordinance, or that there is a need to inspect as part of a routine inspection program of the City
designed to verify compliance with this ordinance or any wastewater discharge permit or order
issued hereunder, or to protect the overall public health, safety and welfare of the community, then
the wastewater personnel shall seek issuance of a search and/or seizure warrant from the Madison
24
Ordinance 1016 (Wastewater)
County 7' judicial court of the City of Rexburg. Such warrant shall be served at reasonable hours
by the wastewater personnel in the company of a uniformed police officer of the City of Rexburg or
Madison County Sherrif£
6.4 Vandalism
No person shall willfully or negligently break, damage, destroy, uncover, deface, tamper with, or
prevent access to any structure, appurtenance or equipment, or other part of the POTW. Any
person found in violation of this requirement shall be subject to the sanctions set out in this
ordinance.
SECTION 7 - CONFIDENTIAL INFORMATION
Information and data on a user obtained from reports, surveys, wastewater discharge permit
applications, wastewater discharge permits, and monitoring programs, and from City inspection and
sampling activities shall be available to the public without restriction, 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 of production entitled to protection
as trade secrets under applicable State law. When requested and demonstrated by the user furnishing
a report that such information should be held confidential, 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 immediately upon request to governmental agencies for uses related to the
NPDES program or pretreatment program and in enforcement proceedings involving the person
furnishing the report. Wastewater constituents and characteristics and other "effluent data" as
defined by 40 CFR'2.302 will not be recognized as confidential information and will be available to
the public without restriction.
SECTION 8 - PUBLICATION OF USERS IN SIGNIFICANT NON-COMPLIANCE
The City shall publish annually, in a newspaper(s) of general circulation that provides meaningful
public notice within the jurisdiction(s) served by the POTW, a list of the users which, during the
previous twelve (12) months, were in significant non-compliance with applicable pretreatment
standards and requirements. For the purposes of this provision, an industrial user is in significant
noncompliance if its violation meets one or more of the
following criteria:
A. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six
percent (66%) or more of wastewater measurements taken for the same pollutant parameter
during a six- (6) month period exceed (by any magnitude) a numeric Pretreatment Standard
or Requirement, including instantaneous limits, as defined by 40 CFR 403.3(1);
B. Technical Review Criteria (TRC) violations, defined here as those in which thirty-three
percent (33%) or more of wastewater measurements taken for each pollutant parameter
during a six -(6) month period equals or exceeds the product of the numeric Pretreatment
Standard or Requirement, including instantaneous limits, as defined by 40 CFR 403.3(1)
multiplied by the TRC [TRC=1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other
pollutants except pN;
C. Any other discharge violation of a Pretreatment Standard or Requirement as defined by 40
CFR 403.3(1) (daily maximum, longer-term average, instantaneous limit, or narrative
Standard) that the POTW determines has caused, alone or in combination with other
discharges, interference or pass through (including endangering the health of POTW
personnel or the general public);
D. Any discharge of pollutants that has caused imminent endangerment to the public or to the
environment, or has resulted in the City's exercise of its emergency authority to halt or
prevent such a discharge;
E. Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule
milestone contained in a wastewater discharge permit or enforcement order for starting
construction, completing construction, or attaining final compliance;
F. Failure to provide within thirty (30) days after the due date, any required reports, including
baseline monitoring reports, reports on compliance with categorical pretreatment standard
deadlines, periodic self-monitoring reports, and reports on compliance with compliance
schedules;
25
Ordinance 1016 (Wastewater)
G. Failure to accurately report non-compliance; or
H. Any other violation or group of violations, which may include a violation of Best
management Practices, which the POTW determines will adversely affect the operations or
implementation of the local Pretreatment program.
SECTION 9 - ADMINISTRATIVE ENFORCEMENT REMEDIES
9.1 Notification of Violation
When the Superintendent finds that a user has violated or continues to violate any provision of this
ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, the Superintendent may serve upon that user a written Notice of Violation
via certified letter. Within 10 days of the receipt of this notice, an explanation of the violation and
a plan for the satisfactory correction and prevention thereof, to include specific required actions,
shall be submitted by the user to the Superintendent. Submission of this plan in no way relieves the
user of liability for any violations occurring before or after receipt of the Notice of Violation.
Nothing in this section shall limit the authority of the City of Rexburg to take any action, including
emergency actions or any other enforcement action, without first issuing a Notice of Violation.
9.2 Consent Orders
The Superintendent may enter into Consent Orders, assurances of voluntary compliance, or other
similar documents establishing an agreement with any user responsible for non-compliance. Such
documents will include specific action to be taken by the user to correct the non-compliance within
a time period specified by the document.
Such documents shall have the same force and effect as the administrative orders issued pursuant to
Sections 9.4 and 9.5 of this ordinance and shall be judicially enforceable. Use of a consent Order
shall not be a bar against, or prerequisite for, taking any other action against the user.
9.3 Show Cause Hearing
The Superintendent may order via a certified letter a user which has violated or continues to
violate any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or
any other pretreatment standard or requirement, to appear before [the Superintendent 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 personally or by registered or certified mail
return receipt requested at least 10 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.
9.4 Compliance Orders
When the Superintendent finds that a user has violated or continues to violate any provision of this
ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, the Superintendent may issue an order to the user responsible for the
discharge directing that the user come into compliance within a time specified in the order. If the
user does not come into compliance within the time specified in the order, sewer service may be
discontinued unless adequate treatment facilities, devices, or other related appurtenances are
installed and properly operated. Compliance orders may also contain other requirements to address
the non-compliance, including additional self-monitoring, and management practices designed to
minimize the amount of pollutants discharged to the sewer. Issuance of a compliance order shall not
be a bar against, or a prerequisite for, taking any other action against the user.
9.5 Cease and Desist Orders
When the Superintendent finds that a user has violated or continuer to violate any provision of this
ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, or that the user's past violations are likely to recur, the Superintendent may
issue an order to the user directing it to cease and desist all such violations and directing the user to:
A. Immediately comply with all requirements; and
Ordinance 1016 (Wastewater)
B. Take such appropriate remedial or preventive action as may be needed to properly address a
continuing or threatened violation, including halting operations and/or terminating the
discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite
for, taking any other action against the user.
9.6 Administrative Fines
A. When the City finds that a user has violated or continues to violate any provision of this
ordinance, a wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, the City of Rexburg may fine such user in the amount
of $250.00 per day per violation and up to $1000.00 per day per violation. Such fines shall be
assessed on a per violation, per day basis. In the case of monthly or other long term average
discharge limits, fines shall be assessed for each day during the period of violation.
B. Unpaid charges, fines, and penalties shall, after 30 calendar days, be assessed an additional
penalty of five percent (5 %) of the unpaid balance, and interest shall accrue thereafter at a
rate of 15 percent (15 %) per month. Alien against the user's property will be sought for
unpaid charges, fines, and penalties.
C. Users desiring to dispute such fines must file a written request for the City of Rexburg
Public Works Director to reconsider the fine along with full payment of the fine amount
within 10 days of being notified of the fine. Where a request has merit, the Public Works
Director shall convene a hearing on the matter within 30 days of receiving the request from
the user. In the event the user's appeal is successful, the payment, together with any interest
accruing thereto, shall be returned to the user. The City may add the costs of preparing
administrative enforcement actions, such as notices and orders, to the fine.
D. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any
other action against the user.
9.7 Emergency Suspensions
The City of Rexburg may immediately suspend a user's discharge (after informal notice to the user)
whenever such suspension is necessary to stop an actual or threatened discharge which reasonably
appears to present or cause an imminent or substantial endangerment to the health or welfare of
persons. The City may also immediately suspend a user's discharge (after notice and opportunity to
respond) that threatens to interfere with the operation of the POTW or which presents or may
present an endangerment to the environment.
A. Any user notified of a suspension of its discharge shall immediately stop or eliminate its
contribution. In the event of a user's failure to immediately comply voluntarily with the
suspension order, the City shall take such steps as deemed necessary, including immediate
severance of the sewer connection, to prevent or minimize damage to the POTW, its
receiving stream, or endangerment to any individuals. The City shall allow the user to
recommence its discharge when the user has demonstrated to the satisfaction of the City of
Rexburg that the period of endangerment has passed, unless the termination proceedings in
Section 9.8 of this ordinance are initiated against the user.
B. A user that is responsible, in whole or in part, for any discharge presenting imminent
endangerment shall submit a detailed written statement, describing the causes of the harmful
contribution and the measures taken to prevent any future occurrence, to [the
Superintendent] prior to the date of any show cause or termination hearing under Sections
9.3 and 9.8 of this ordinance. Nothing in this section shall be interpreted as requiring a
hearing prior to any emergency suspension under this section.
9.8 Termination of Discharge (Non -Emergency)
In addition to the provisions in Section 3.12 of this ordinance, any user that violates the following
conditions is subject to discharge termination:
A. Violation of wastewater discharge permit conditions;
B. Failure to accurately report the wastewater constituents and characteristics of its discharge;
C. Failure to report significant changes in operations or wastewater volume, constituents
and characteristics prior to discharge;
27
Ordinance 1016 (Wastewater)
D. Refusal of reasonable access to the user's premises for the purpose of inspection,
monitoring or sampling; or
E. Violation of the pretreatment standards in Section 2 of this ordinance. Such user will be
notified of the proposed termination of its discharge and be offered an opportunity to show
cause under Section 9.3 of this ordinance why the proposed action should not be taken.
Exercise of this option by the City shall not be a bar to, or a prerequisite for, taking any
other action against the user.
SECTION 10 - TUDICIAL ENFORCEMENT REMEDIES
10.1 Iniunctive Relief
When [the Wastewater Department finds that a user has violated (or continues to violate) any
provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement, the City may petition the Madison County 7'Judicial
Court through the City's Attorney for the issuance of a temporary or permanent injunction, as
appropriate, which restrains or compels the specific performance of the wastewater discharge
permit, order, or other requirement imposed by this ordinance on activities of the user. The City
may also seek such other action as is appropriate for legal and/or equitable relief, including a
requirement for the user to conduct environmental remediation. A petition for injunctive relief shall
not be a bar against, or a prerequisite for, taking any other action against a user.
10.2 Civil Penalties
A. A user which has violated or continues to violate any provision of this ordinance, a
wastewater discharge permit, or order issued hereunder, or any other pretreatment standard
or requirement shall be liable to the City for a minimum civil penalty of $250.00 per day per
violation under State law but not more than $1,000 per violation, per day. In the case of a
monthly or other long-term average discharge limit, penalties shall accrue for each day
during the period of the violation.
B. The City of Rexburg Wastewater may recover reasonable attorneys' fees, court costs, and
other expenses associated with enforcement activities, including sampling and monitoring
expenses, and the cost of any actual damages incurred by the City.
C. In determining the amount of civil liability, the Court shall take into account all relevant
circumstances, including, but not limited to, the extent of harm caused by the violation, the
magnitude and duration, any economic benefit gained through the user's violation, corrective
actions by the user, the compliance history of the user, and any other factor as justice
requires.
D. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any
other action against a user.
The City of Rexburg Wastewater Facility has the authority to seek civil or criminal penalties in the
amount of at least $250.00 per day and up to $1000.00 per day per violation in accordance with 40
CFR '403.8(£) (1) (vi) (A).
10.3 Criminal Prosecution
A. A user which has willfully or negligently violated any provision of this ordinance, a
wastewater discharge permit, or order issued hereunder, or any other pretreatment standard
or requirement shall, upon conviction, be guilty 6f a misdemeanor, punishable by a fine of
$250.00 per day per violation and up to $1000.00 per day per violation, or imprisonment for
a minimum of 6 months, or both.
B. A user which has willfully or negligently introduced any substance into the POTW which
causes personal injury or property damage shall, upon conviction, be guilty of a
misdemeanor and be subject to a penalty of at least $1000.00 maximum under State law
and/or be subject to imprisonment for 6 months. This penalty shall be in addition to any
other cause of action for personal injury or property damage available under State law.
C. A user which knowingly made any false statements, representations, or certifications in any
application, record, report, plan, or other documentation filed, or required to be maintained,
pursuant to this ordinance, wastewater discharge permit, or order issued hereunder, or who
falsified, tampered with, or knowingly rendered inaccurate any monitoring device or method
28
Ordinance 1016 (Wastewater)
requited under this ordinance shall, upon conviction, be punished by a fine of not more than
$1000.00 per violation per day, or imprisonment for not more than 6 months, or both.
D. In the event of a second conviction, a user shall be punished by a fine of not more than
$1000.00 per violation per day, or imprisonment for not more than 3 years, or both.
10.4 Remedies Non-exclusive
The provisions in Sections 8 through 11 of this ordinance are not exclusive remedies. The City of
Rexburg reserves the right to take any, all, or any combination of these actions against a non-
compliant user. Enforcement in response to pretreatment violations will generally be in accordance
with the City's enforcement response plan. However, the City reserves the right to take other action
against any user when the circumstances warrant. Further, the City of Rexburg is empowered to take
more than one enforcement action against any non-compliant user. These actions may be taken
concurrently.
SECTION 11- SUPPLEMENTAL ENFORCEMENT ACTION
11.1 Performance Bonds
The Wastewater Department may decline to issue or reissue a wastewater discharge permit to any
user which has failed to comply with any provision of this ordinance, a previous wastewater
discharge permit or order issued hereunder, or any other pretreatment standard or requirement
unless such user first files a satisfactory bond, payable to the City, in a sum not to exceed a value
determined by the Wastewater Personnel to be necessary to achieve consistent compliance.
11.2 Liability Insurance
The Wastewater Facility may decline to issue or reissue a wastewater discharge petrnit to any user
which has failed to comply with any provision of this ordinance, a previous wastewater discharge
permit or order issued hereunder, or any other pretreatment standard or requirement, unless the user
fust submits proof that it has obtained financial assurances sufficient to restore or repair damage to
the POTW caused by its discharge.
11.3 Water Supply Severance
Whenever a user has violated or continues to violate any provision of this ordinance, a wastewater
discharge permit or order issued hereunder, or any other pretreatment standard or requirement,
water service to the user may be severed. Service will only recommence, at the user's expense, after it
has satisfactorily demonstrated its ability to comply.
11.4 Public Nuisances
A violation of any provision of this ordinance, a wastewater discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement, is hereby declared a public nuisance
and shall be corrected or abated as directed by the City of Rexburg Wastewater Department. Any
person(s) creating a public nuisance shall be subject to the provisions of the City Code governing
such nuisances, including reimbursing the City for any costs incurred in removing, abating, or
remedying said nuisance.
11.5 Informant Rewards
The City of Rexburg may pay up to 500 dollars ($500.00) for information leading to the discovery of
noncompliance by a user. In the event that the information provided results in an administrative fine
or civil penalty levied against the user, the City may disburse up to 3 percent (31/6) of the collected
fine or penalty to the informant. However, a single reward payment may not exceed 3000.00 dollars.
11.6 Contractor Listing
Users which have not achieved compliance with applicable pretreatment standards and requirements
are not eligible to receive a contractual award for the sale of goods or services to the City. Existing
contracts for the sale of goods or services to the City held by a user found to be in significant non-
compliance with pretreatment standards or requirements may be terminated at the discretion of the
City.
SECTION 12 - AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
29
Ordinance 1016 (Wastewater)
12.1 Upset
For the purposes of this section, "upset" means an exceptional incident in which there is
unintentional and temporary non-compliance with applicable pretreatment standards because of
factors beyond the reasonable control of the user. An upset does not include non-compliance to the
extent caused by operational error, improperly designed treatment facilities, inadequate treatment
facilities, lack of preventive maintenance, or careless or improper operation. An upset shall
constitute an affirmative defense to an action brought for non-compliance with applicable
pretreatment standards if the requirements of paragraph C of this section are met. A user who
wishes to establish the affirmative defense of upset shall demonstrate, through properly signed,
contemporaneous operating logs, or other relevant evidence that:
(1) An upset occurred and the user can identify the cause(s) of the upset;
(2) The facility was at the time being operated in a prudent and workman -like manner and in
compliance with applicable operation and maintenance procedures; and the user has
submitted the following information to the POTW and treatment plant operator within
twenty four (24) hours of becoming aware of the upset if this information is provided orally,
a written submission must be provided within five (5) days:
(a) A description of the indirect discharge and cause of non-compliance;
(b) The period of non-compliance, including exact dates and times or, if not corrected,
the anticipated time the non-compliance is expected to continue;
(c) Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the
non-compliance.
A. In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall
have the burden of proof. Users will have the opportunity for a judicial determination on
any claim of upset only in an enforcement action brought for non-compliance with
applicable pretreatment standards.
B. Users shall control production of all discharges to the extent necessary to maintain
compliance with applicable pretreatment standards upon reduction, loss, or failure of their
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 of the treatment facility is reduced, lost, or fails.
12.2 Prohibited Discharge Standards
A user shall have an affirmative defense to an enforcement action brought against it for non-
compliance with the prohibitions in Section 2.1 A and B(3) through (7) if it can prove that it did not
know, or have reason to know, that its discharge, alone or in conjunction with discharges from other
sources, would cause pass through or interference and that either: (a) a local limit exists for each
pollutant discharged and the user was in compliance with each limit directly prior to, and during, the
pass through or interference; or (b) no local limit exists, but the discharge did not change
substantially in nature or constituents from the user's prior discharge when the City's Wastewater
Facility was regularly in compliance with its NPDES permit, and in the case of interference, was in
compliance with applicable sludge use or disposal requirements.
12.3 Bypass
A. For the purposes of this section:
(1) "Bypass"means the intentional diversion of waste streams 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. Severe property damage does not mean economic loss caused by delays in
production.
B. A user may allow any bypass to occur which does not cause applicable pretreatment standards
or requirements to be violated, but only if it also is for essential maintenance to assure efficient
IM
Ordinance 1016 (Wastewater)
operation. These bypasses are not subject to the provision of paragraphs (C) and (D) of this
section.
C. Notice of Bypass
(1) If a user knows in advance of the need for a bypass, it shall submit prior notice to the
POTW at least ten (10) days before the date of the bypass, if possible.
(2) A user shall submit oral notice to the City of an unanticipated bypass that exceeds
applicable pretreatment standards within twenty four (24) hours from the time it
becomes aware of the bypass. A written submission shall also be provided within five (5;
days of 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
recurrence of the bypass. The POTW may waive the written report on a case-by-case
basis if the oral report has been received within twenty four (24) hours.
D. Bypass Conditions
(1) Bypass is prohibited, and the POTW 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 of 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 orprevendve maintenance; and
(c) The user submitted notices as required under paragraph (C) of this section.
(2) The POTW may approve an anticipated bypass, after considering its adverse effects, if
the POTW determines that it will meet the three conditions listed in paragraph (D)(1) of
this section.
SECTION 13 - WASTEWATER TREATMENT RATES
City of Rexburg Local Limit BOD & TSS:
BOD Bio -oxygen Chemical Demand 200 mg/1
TSS Total Suspended Solids 200 mg/1
14.1 Pretreatment Charges and Fees
The City of Rexburg Wastewater Department may adopt reasonable fees for reimbursement of costs
of setting up and operating the Pretreatment Program which may include:
A. Fees for wastewater discharge permit applications including the cost of processing such
applications;
B. Fees for monitoring, inspection, and surveillance procedures including the cost of collection
and analyzing a user's discharge, and reviewing monitoring reports submitted by users;
C. Fees for reviewing and responding to accidental discharge procedures and construction;
D. Fees for filing appeals; and
E. Other fees as the City may deem necessary to carry out the requirements contained herein.
These fees relate solely to the matters covered by this ordinance and are separate from all
other fees, fines, and penalties chargeable by the City.
31
Ordinance 1016 (Wastewater)
14.2 Septic Waste Haulers and Disposal Fees
1) Fee Structure:
$.10 per gallon of septic waste, i.e.:
a 1000 gallon tank charge is $100.00
a 1500 gallon tank charge is $150.00
2) Fees: These fees are based on tank capacity.
3) No service station or garage sumps will be accepted, domestic sewage is the only waste that
will be accepted.
Septic Waste Haulers
Septic waste haulers are requited to report prior to each dump to the City of Rexburg's Collection
system, notice must be made to the Wastewater department personnel, by phone at 359-3035.
Failure to do so may lead to fines punishable within accordance to this ordinance section 9.6
administrative fines.
14.3 Excessive Strength Discharges
Maximum allowable BOD 200 mgll per day
Maximum allowable TSS 200 M911'Per day
When any user contributes wastewater having an average Biochemical Oxygen Demand (BOD)
and/or (TSS) Total Suspended Solids loading in excess of the maximum allowable "normal limit as
such shall be levied a surcharge. The user's "Surcharge for Excessive Strength" shall be computed as
follows: EXAMPLE:
Wastewater flow of 10,000 gallons/day having 800 mg/1 of BOD, 10,000 x 800 subtract -
200 x by the number of days, assuming 30 days is: 8.34 x 10,000 gal. x 600 mg/l x 30 days =
1501.2 x $0.36 = $540.43
Total Suspended Solids would be charge in the same manner as the example of BOD, the excessive
strength charge per pound on TSS being $0.18 per pound.
14.4 Severability
If any provision of this ordinance is invalidated by any court of competent jurisdiction, the
remaining provisions shall not be affected and shall continue in full force and effect.
14.5 Conflicts
All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this
ordinance are hereby repealed to the extent of the inconsistency or conflict.
SECTION 15 - EFFECTIVE DATE
This ordinance shall be in full force and effect immediately following its passage, approval and
publication, as provided by law. Passed on this 7' day of larm , 2009.
Those voting Ayes:
Council Member Erickson
Council Member Stout
Council Member Mann
Council Member Stevens
Those voting Nays:
None
Those Absent:
Council Member Woodland
Council Member Schwendiman
ATTEST ltu�
Blair D. Kay .
City of Rexburg City erk
32
Ordinance 1016 (Wastewater)
21 t 6 G,� / a r ��
Shawn Larsen
City of Rexburg Mayor
PUBLISHED: January 17, 2009
STATE OF IDAHO )
:ss
County of Madison )
I, Blair D. Kay, City Clerk of the City of Rexburg, Idaho, do hereby certify:
That the above and foregoing is a full, true and correct copy of the Ordinance
entitled:
AN ORDINANCE AMENDING AND REPLACING ORDINANCE 800 TITLED
"WASTEWATER ORDINANCE"; STATING THE PURPOSE OF THE ORDINANCE;
DEFINING TERMS; OUTLINING OFFENSES AND PENALTIES FOR INDIVIDUALS,
BUSINESS ESTABLISHMENTS, OR ANY OTHER ENTITIES VIOLATING THE
ESTABLISHED REGULATIONS; PROVIDING DEFENSES; PROVIDING FOR
ENFORCEMENT; PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; AND
PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.
Passed by the City Council and approved by the Mayor this 07`h day of January,
2009.
l
Blair D. Kay, City Clerk
33
Ordinance 1016 (Wastewater)