HomeMy WebLinkAboutORDINANCE NO. 800 WASTEWATERORDINANCE NO. 800
AN ORDINANCE CREATING AND ADOPTING A NEW
REXBURG CITY ORDINANCE ENTITLED "WASTEWATER
ORDINANCE "; STATING THE PURPOSE OF THE
ORDINANCE; DEFINING TERMS; CREATING 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
a 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:
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this 19th day of
November 11997.
Nile T1. Boyle, Mayor
ATTEST:
.o
(Seal)
TABLE OF CONTENTS
SECTION 1 - GENERAL PROVISIONS
1
1.1 Purpose and Policy . . . . . . . . . . . . . . . . . 1
1.2 Administration . . . . . . . . . . . . . . . . . . . 2
1.3 Definitions . . . . . . . . . . . . . . . . . . . . 2
1.4 Abbreviations . . . . . . . . . . . . . . . . . . 11
SECTION 2 - GENERAL REQUIREMENTS . . . . . . . . . . . . . 12
2.1
Prohibited Discharge Standards . . . . . .
. . . . 12
2.2
Federal Categorical Pretreatment Standards
. . . . . 15
2.3
State Requirements . . . . . . . . . . . .
. . . . . 15
2.4
Local Limits . . . . . . . . . . . . . . .
. . . . . 16
2.5
City's Right of Revision . . . . . . . . .
. . . . . 16
2.6
Special Agreement . . . . . . . . . . . .
. . . . . 17
2.7
Dilution . . . . . . . . . . . . . . . . .
. . . . . 17
2.8
Pretreatment Facilities . . . . . . . . .
. . . . . 17
2.9
Deadline for Compliance with Applicable
Pretreatment
Signatory and Certification Requirement . . . . . .
Requirements . . . . . . . . . . . . . . .
. . . . . 18
2.10
Additional Pretreatment Measures . . . . .
. . . . . 18
2.11
Accidental Discharge /Slug Control Plans .
. . . . . 19
2.12
Septic Tank Wastes . . . . . . . . . . . .
. . . . . 21
SECTION 3 - INDUSTRIAL WASTEWATER DISCHARGE PERMIT REQUIREMENTS
3.1
Industrial Wastewater
Discharge Permitting: Existing
Significant User . .
. . . . . . . . . . . . . . . .
22
3.2
Industrial Wastewater
Discharge Permitting: New Source
and New User . . . .
. . . . . . . . . . . . . . . .
22
3.3
Industrial Wastewater Discharge Permitting. .
Extra - jurisdictional
Users . . . . . . . . . . . .
23
3.4
Data Disclosure Contents . . . . . . . . . . . . . .
23
3.5
Signatory and Certification Requirement . . . . . .
27
3.6
Industrial Wastewater
Discharge Permit Decisions . .
28
3.7
Industrial Wastewater
Discharge Permit Contents . .
28
3.8
Industrial Wastewater
Discharge Permit Appeals . . .
30
3.9
Industrial Wastewater
Discharge Permit Duration
30
3.18ndustrial
Wastewater Discharge Permit Modification
31
3.11
Industrial Wastewater
Discharge Permit Transfer
31
3.12
Industrial Wastewater
Discharge Permit Revocation
32
3.13
Industrial Wastewater
Discharge Permit Reissuance
33
SECTION 4 - REPORTING REQUIREMENTS . . . . . . . . . . . . . 33
4.1 Baseline Monitoring Report . . . . . . . . . . . . . 33
4.2 Final Compliance Report (Initial Compliance Report) 35
4.3 Periodic Compliance Report . . . . . . . . . . . . . 36
4.4 Compliance Schedule for Meeting Pretreatment Standards 37
4.5 Notification of Significant Production Change . . . 38
4.6 Hazardous Waste Notification . . . . . . . . . . . . 38
4.7 Report of Potential Problem(s) . . . . . . . . . . . 39
4.8 Notice of Violations /Repeat Sampling and Reporting 40
4.9 Notification of Changed Discharge . . . . . . . . . 40
4.10 Total Toxic Organic (TTO) Reporting . . . . . . . . 40
4.11 Reports from Unpermitted Users . . . . . . . . . . . 41
4.12 Record Keeping . . . . . . . . . . . . . . . . . . . 41
SECTION 5 - SAMPLING AND ANALYTICAL REQUIREMENTS . . . . . . 41
5.1 Sampling Requirements for Users . . . . . . . . . . 41
5.2
Analytical Requirements . . . . . . . . . . . . .
. 43
5.3
City Monitoring of User's Wastewater . . . . . . .
. 43
SECTION
6 - COMPLIANCE MONITORING . . . . . . . . . . . .
. 43
6.1
Inspection and Sampling . . . . . . . . . . . . .
. 43
6.2
Monitoring Facilities . . . . . . . . . . . . . .
. 44
6.3
Search Warrants . . . . . . . . . . . . . . . . .
. 45
6.4
Vandalism . . . . . . . . . . . . . . . . . . . .
. 45
SECTION
7 - CONFIDENTIAL INFORMATION . . . . . . . . . . .
. 46
SECTION
8 - PUBLICATION OF USERS IN SIGNIFICANT NON-
COMPLIANCE . . . . . . . . . . . . . . . . . .
. 46
SECTION
9 - ADMINISTRATIVE ENFORCEMENT REMEDIES . . . . .
. 48
9.1
Notification of Violation . . . . . . . . . . . .
. 48
9.2
Consent Orders . . . . . . . . . . . . . . . . . .
. 48
9.3
Show Cause Hearing . . . . . . . . . . . . . . . .
. 49
9.4
Compliance Orders . . . . . . . . . . . . . . . .
. 49
9.5
Cease and Desist Orders . . . . . . . . . . . . .
. 50
9.6
Administrative Fines . . . . . . . . . . . . . . .
. 50
9.7
Emergency Suspensions . . . . . . . . . . . . . .
. 51
9.8
Termination of Discharge (Non - Emergency) . . . . .
. 51
SECTION
10 - JUDICIAL ENFORCEMENT REMEDIES . . . . . . . .
. 52
10.1
Injunctive Relief . . . . . . . . . . . . . . . .
. 52
10.2
Civil Penalties . . . . . . . . . . . . . . . . .
. 53
10.3
Criminal Prosecution . . . . . . . . . . . . . . .
. 53
10.4
Remedies Non - exclusive . . . . . . . . . . . . . .
. 54
SECTION
11 - SUPPLEMENTAL ENFORCEMENT ACTION . . . . . . .
. 54
11.1
Performance Bonds . . . . . . . . . . . . . . . .
. 54
11.2
Liability Insurance . . . . . . . . . . . . . . .
. 55
11.3
Water Supply Severance . . . . . . . . . . . . . .
. 55
11.4
Public Nuisances . . . . . . . . . . . . . . . . .
. 55
11.6
Contractor Listing . . . . . . . . . . . . . . . .
. 56 j
SECTION
12 - AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
56
12.1
Upset . . . . . . . . . . . . . . . . . . . .
. 56
12.2
Prohibited Discharge Standards . . . . . . . . . .
. 57
12.3
Bypass . . . . . . . . . . . . . . . . . . . . . .
. 58
SECTION
13 - WASTEWATER TREATMENT RATES . . . . . . . . .
. 59
SECTION
14 - MISCELLANEOUS PROVISIONS . . . . . . . . . .
. 59
14.1
Pretreatment Charges and Fees . . . . . . . . . .
59
14.2
Severability . . . . . . . . . . . . . . . . . . .
60
14.3
Conflict . . . . . . . . . . . . . . . . . . . . .
60
14.4
Surcharge for excessive strength discharges . . .
60
SECTION 15 - EFFECTIVE DATE . . . . . . . . . . . . . . . . 55
CITY OF REXBURG MUNICIPAL
PRETREATMENT CODE FOR EXISTING
AND NEW SOURCES OF POLLUTION
(HEALTH AND SANITATION)
SECTION 1 - GENERAL PROVISIONS
1.1 Purpose and Policv
The objectives of this ordinance are:
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 the wastewater treatment
plant sludge is maintained at a level which allows its
use and disposal in compliance with applicable statutes
and regulations;
D. To protect POTW personnel who may be affected by
wastewater and sludge in the course of their employment
and to protect the general public;
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 industrial 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 shall
administer, implement, and enforce the provisions of this
ordinance. Any powers granted to or duties imposed upon the
Superintendent may be delegated by the Superintendent 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
.t sea.
Applicable Pretreatment Standards. For any specified
pollutant, City prohibitive standards, City specific
pretreatment standards (local limits), State of Idaho
pretreatment standards, or EPA's Categorical Pretreatment
Standards (when effective), whichever standard is appropriate
or most stringent.
Approval Authority. The Regional Administrator of EPA
Region 10.
Authorized Representative of the User
(1) If the user is a corporation:
(a) The president, secretary, treasurer, or a vice -
president 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
(b) The manager of one or more manufacturing,
production, or operation facilities employing
more than 250 persons or having gross annual
sales or expenditures exceeding $25 million (in
second - quarter 1980 dollars), if authority to
sign documents has been assigned or delegated
to the manager in accordance with corporate
procedures;
(2) If the user is a partnership or sole proprietorship:
a 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 originates or
having overall responsibility for environmental
matters for the company, and the written
authorization is submitted to the City of Rexburg.
Biochemical Oxygen Demand (BOD). The quantity of oxygen
utilized in the biochemical oxidation of organic matter under
standard laboratory procedures for five (5) days at 200
centigrade, 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 apply to a
specific category of users and which appear in 40 CFR Chapter
I, Subchapter N, Parts 405 -471.
Categorical User. A user covered by one of EPA's Categorical
Pretreatment Standards.
City. The City of Rexburg or the City Council of Rexburg.
Cooling Water /Non- Contact Cooling Water. Water used for
cooling which does not come 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.
Color. The optical density at the visual wave length of
maximum absorption, relative to distilled water. One - hundred
percent (100 0s) transmittance is equivalent to zero (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.
Domestic User (Residential User). Any person who
contributes, causes, or allows the contribution of wastewater
into the City POTW that is of a similar volume and /or
chemical make -up as that of a residential dwelling unit.
Discharges from a residential dwelling unit typically include
up to 100 gallons per capita per day, 0.2 pounds of BOD per
capita, and 0.17 pounds of TSS per capita.
Environmental Protection Agency (EPA). The U.S.
Environmental Protection Agency or, where appropriate, the
Regional Water Management Division Director, or other duly
authorized official of said agency.
Existing Source. For a categorical industrial user, an
"existing source" is any source of discharge, the
construction or operation of which commenced prior to the
publication by EPA of proposed categorical pretreatment
standards, which will be applicable to such source if the
standard is thereafter promulgated in accordance with Section
307 of the Act.
Existing User. For noncategorical users an "existing user"
is defined as any user which is discharging wastewater prior
to the effective date of this ordinance or include a specific
date such as the date the code will become effective.
Grab Sample. A sample which is taken from a wastestream on a
one -time basis without regard to the flow in the wastestream
and without consideration of time.
Industrial Wastewater Discharge Permit(IWDP.Discharge permit)
An authorization or equivalent control document issued by the
City to the users discharging wastewater to the POTW. The
permit may contain appropriate pretreatment standards and
requirements as set forth in this ordinance.
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 pipes,
conduits, pumping stations, force mains, constructed drainage
ditches, surface water intercepting ditches, and all
constructed devices and appliances appurtenant thereto.
Interference. A discharge which alone or in conjunction with
a discharge or discharges from other sources, either: (1)
inhibits or disrupts the POTW, its treatment processes or
operations; (2) inhibits or disrupts its sludge processes,
use or disposal; or (3) is a cause of a violation of the
City'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 thereunder
(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 (RCRA); any State regulations
contained in any State 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
composited sample collected, independent of the industrial
flow rate and the duration of the sampling event.
Medical Wastes. Isolation wastes, infectious agents, human
blood and blood products, pathological wastes, sharps, body
parts, contaminated bedding, surgical wastes, potentially
contaminated laboratory wastes, and dialysis wastes.
New Sourc
(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 pretreatment
standards under Section 307(c) of the Act which will
be applicable to such source if such standards are
thereafter promulgated in accordance with that
section, Trovided 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 that 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 whether these are substantially
independent, factors such as the extent to
which the new 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.
(2) 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 Section (1)(b) or (c) above
but otherwise alters, replaces, or adds to existing
process or production equipment.
(3) Construction of a new source as defined under this
paragraph has commenced if the owner or operator
has:
(a) Begun, or caused to begin as part of a
continuous onsite construction program
(i) any placement, assembly, or installation of
facilities or equipment; or
(ii) significant site preparation work including
clearing, excavation, or removal of existing
buildings, structures, or facilities which is
necessary for the placement, assembly, or
installation of new source facilities or
equipment; or
(b) Entered into a binding contractual obligation
for the purchase of facilities or equipment
which are intended to be used in its operation
within a 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 not a "new- source" and is defined
as a user that applies to the City for a new building permit
or any person who occupies an existing building and plans to
discharge wastewater to the City's collection system after
the effective date of this ordinance or include a specific
date such as the date the code will become effective. 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 Through. A discharge which exits the POTW into waters
of the United States in quantities or concentrations which,
alone or in conjunction with a discharge or discharges from
other sources, is a cause of a violation of any requirement
of the City's NPDES permit (including an increase in the
magnitude or duration of a violation).
Permittee: A person or user issued an industrial 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 entities.
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, munitions, medical
wastes, chemical wastes, biological materials, radioactive
materials, heat, wrecked or discharged equipment, rock, sand,
cellar dirt, agricultural and industrial wastes, and the
characteristics of the wastewater i.e., pH, temperature, TSS,
turbidity, color, BOD, Chemical Oxygen Demand (COD),
toxicity, or odor.
Pretreatment. The reduction of the amount of pollutants, the
elimination of pollutants, or the alteration of the nature of
pollutant properties in wastewater prior to (or in lieu of)
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 by diluting the concentration of the pollutants
unless allowed by an applicable pretreatment standard).
Pretreatment Requirements. Any substantive or procedural
requirement related to pretreatment imposed on a user, other
than a pretreatment standard.
Pretreatment Standards or Standards. Pretreatment standards
shall mean prohibited discharge standards, categorical
pretreatment standards, and local limits established by the
City /POTW.
Prohibited Discharge Standards or Prohibited Discharges.
Absolute prohibitions against the discharge of certain
substances; these prohibitions appear in Sections 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. This definition includes any devices or
systems used in the collection, storage, treatment,
recycling, and reclamation of sewage or industrial wastes of
a liquid nature and any conveyances which convey wastewater
to a treatment plant. The term also means the City.
Septic Tank Waste. Any sewage from holding tanks such as
vessels, chemical toilets, campers, trailers, and septic
tanks.
Sewage. Human excrement and gray water (household showers,
dishwashing operations, etc.)
Sewer. Any pipe, conduit ditch, or other device used to
collect and transport sewage from the generating source.
Shall, May. "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
blowdown wastewater); or
(b) Contributes a process wastestream which makes
up five (5) percent or more of the average dry
weather hydraulic or organic capacity of the
POTW treatment plant; or
(c) Is designated as such by the City on the basis
that it has a reasonable potential for
adversely affecting the POTW's operation or for
violating any pretreatment standard or
requirement.
(3) Upon a finding that a user meeting the criteria in
Subsection two (2) has no reasonable potential for
adversely affecting the POTW's operation or for
violating any applicable pretreatment standard or
requirement, the City may at any time, on its own
initiative or in response to a petition received
from a user and in accordance with procedures in 40
CFR 403.8(f)(6) determine that such user should not
be considered a significant industrial user.
Slug Load. Any discharge at a flow rate or concentration
which could cause a violation of the discharge standards in
Section 2.1 thru 2.4 of this ordinance or any discharge of a
non - routine, episodic nature, including but not limited to,
an accidental spill or a 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 snow melt.
Superintendent. The person designated by the City to
supervise the operation of the POTW, and who is charged with
certain duties and responsibilities by this ordinance, or a
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 removable by
laboratory filtering.
Toxic Pollutant. One of 126 pollutants, or combination of
those pollutants, listed as toxic in regulations promulgated
by EPA under Section 307 (33 U.S.C. 1317) of the Act.
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 residential dwellings, commercial buildings,
industrial and manufacturing facilities, and institutions,
whether treated or untreated, which are contributed to the
POTW.
Wastewater Treatment Plant or Treatment Plant. That portion
of the POTW which is designed to provide treatment of
municipal sewage and industrial waste.
The use of the singular shall be construed to include the
plural and the plural shall include the singular as indicated by
the context of its use.
1.4 Abbreviations
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
• QDd - gallons per day
• L - liter
• LEL - Lower Explosive Limit
• mcr - milligrams
• mg/1 - milligrams per liter
• NPDES National Pollutant Discharge Elimination System
• O &M - Operation and Maintenance
• POTW - Publicly Owned Treatment Works
• RCRA - Resource Conservation and Recovery Act
• SIC - Standard Industrial Classifications
• SWDA - Solid Waste Disposal Act (42 U.S.C. 6901, alt-
seq.)
• TSS - Total Suspended Solids
• USC - United States Code
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. Spec fig 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,
wastestreams 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 5.0 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;
(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 problems;
(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 °s) 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, deionized
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 (52k) per
cent nor any single reading over ten (100) 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, plastics, gas, tar
asphalt residues, residues from refining or
processing of fuel or lubricating oil, mud, or
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 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 Rexburg 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.
0.477 mg /l arsenic
0.26 mg /l cadmium
2.77 mg /l chromium
2.07 mg /l copper
0.33 mg /1 cyanide
0.32 mg /l lead
0.011 mg /l mercury
3.98 mg /l nickel
125 mg /l oil and grease (petroleum and vegetable based)
0.35 mg /l silver
1.69 mg /l zinc
200 mg /l BOD
200 ma /l TSS PH > 5.0 to < 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 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 users 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 pretreat 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 users (categorical users) 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 or for 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 the shortest
feasible time (not to exceed 90 days from the beginning of
discharge). New Sources and "new users" shall install and have
in operating condition, and shall "start -up" all pollution
(control equipment required to meet applicable pretreatment
standards before beginning to discharge.
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 Superintendent 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 wastestreams from
industrial wastestreams, 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. 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 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.
C. Users with the potential to discharge flammable
substances may be required to install and maintain an
approved combustible gas detection meter.
2.11 Accidental Discharge /Slug Control Plans
The Superintendent may require any user to develop and
implement an accidental discharge /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 /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 90 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 Section.
A. Any user required to develop and implement an accidental
discharge /slug control 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 in Sections 2.1 thru 2 -4 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 pollutants
(including solvents), and /or measures and equipment
for emergency response.
B. Users shall notify the City Wastewater Treatment Plant
immediately upon 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 Wastes
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
wastewater discharge permits for individual vehicles to
use such facilities shall be issued by the
Superintendent.
B. Septage 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. Septage 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 to the City are $ 10.00
per 1000 gallons dumped there will be a sample collected
prior to dumping any wastes into the septic dump
station. The dump station must be cleaned after each
dump or a fee of $ 20.00 will be added to the charge.
SECTION 3 - INDUSTRIAL WASTEWATER DISCHARGE PERMIT REQUIREMENTS
No significant industrial user shall discharge wastewater
into the POTW without first obtaining an industrial wastewater
discharge permit (IWDP) from the Superintendent. Any violation
of the terms and conditions of an IWDP shall be deemed a
violation of this ordinance and subjects the wastewater discharge
permittee to the sanctions set out in this ordinance. Obtaining
an industrial wastewater discharge permit does not relieve a
permittee 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 may require other users, including liquid
waste haulers, to obtain an IWDP (as necessary) to carry out the
purposes of this ordinance.
3.1 Industrial Wastewater Discharge Permitting: Existing
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 Superintendent submit a data disclosure
form to the City in accordance with Section 3.4 of this
ordinance. And shall not cause or allow discharges to the POTW to
continue after 3 months (180) days of the effective date of this
ordinance except in accordance with an industrial wastewater
discharge permit issued by the Superintendent. The city's
notification to SIUs covered by categorical pretreatment
standards will be in ample time to insure that the SIUs complies
with the 180 day submittal deadline date established in 40 CFR
§403.12 (b).
3.2 Industrial Wastewater Discharge Permitting: New Source
and ^New User"
At least 90 days prior to the anticipated start -up, new sources,
sources that become a user subsequent to the promulgation of an
applicable categorical pretreatment standard, and "new users"
considered by the City to fit the definition of SIU, shall apply
for an IWDP and will be required to submit to the City at least
the information listed in paragraphs (A) -(E) of Section 3.4.
Anew source or "new user" cannot discharge without first
receiving an industrial wastewater discharge permit from the
City. New sources and "new users" shall also be required to
include in their data disclosure form information on the method
of pretreatment the user intends 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: Extrajurisdictional
Users
Any existing user located beyond the City limits required to
obtain an industrial wastewater discharge permit shall submit a
wastewater discharge permit application as outlined in Section
3.1. New Source and "new users" located beyond the City limits
required to obtain a wastewater discharge permit shall comply
with Section 3.2.
3.4 Data Disclosure Form Contents
All users required to obtain an industrial wastewater
discharge permit must submit, at a minimum, the following
information. The Superintendent shall approve a form to be used
as a data disclosure form. Categorical users submitting the
following information shall have complied with 40 CFR 403.12 (b).
A. Identifying information. The user shall submit the
name and address of the facility including the name of
the operator and owners;
B. Permits. The user shall submit a list of any
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.
Disclosure of 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 to allow use of
the combined wastestream formula of 40 CFR
403.6(e).
(2) Non - 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) Total process flow, wastewater treatment
plant flow, total plant flow or individual
manufacturing process flow as required by the
Superintendent.
The City may allow for verifiable estimates of these
flows where justified by cost or feasibility
considerations.
E. Measurements of pollutants.
(1) Categorical User:
(i) The user shall identify the applicable
pretreatment standards for each
regulated or manufacturing process.
(ii) In addition, the user shall submit the
results of sampling and analysis identifying
the nature and concentration (or mass) where
required by the Categorical Pretreatment
Standard or as required by the City of
regulated pollutants (including standards
contained in Sections 2.1 through 2.4, as
appropriate) in the discharge from each
regulated or manufacturing process. Both
daily maximum and average concentration (or
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) 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 covered by a
categorical pretreatment standard this adjusted
limit along with supporting data shall be
submitted as part of the data disclosure form.
(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 (or mass where required
by the City) of regulated pollutants
contained in Sections 2.1 through 2.4,
as appropriate in the discharge. Both
daily maximum and average concentration
(or 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 Superintendent developed
alternate concentration or mass limits
because of dilution this adjusted limit
along with supporting data shall be
submitted as part of the data
disclosure form.
F. Certification. A statement, reviewed by an
authorized representative of the user and certified
by a qualified professional as outlined in Section
3.5, 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;
G. Compliance Schedule. If additional pretreatment
and /or O and M will be required to meet the
applicable Pretreatment Standards; 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.
(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 shall be submitted by
the user within 60 days after the modified
limit is approved.
H. Any other information as may be deemed necessary by
the Superintendent to evaluate the data disclosure
form.
Incomplete or inaccurate data disclosure forms will not be
processed and will be returned to the user for revision.
3.5 Signatory and Certification Requirement
All data disclosure forms and user reports must be signed by
an authorized representative of the user and contain the
following certification statement:
"I certify under penalty of law that this document and all
attachments were prepared under my direction or
supervision in accordance with a system designed to assure
that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person
or persons who manage the system, or those persons
directly responsible for gathering the information, the
information submitted is to the best of my knowledge and
belief, true, accurate, and complete. I am aware that
there are significant penalties for submitting false
information, including the possibility of fine and
imprisonment for knowing violations."
3.6 Industrial Wastewater Discharge Permit Decisions
The Superintendent will evaluate the data furnished by the
user and may require additional information. Within 1 month 30
days of receipt of a complete data disclosure form, the
Superintendent will determine whether or not to issue an
industrial 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
Superintendent may deny any data disclosure form for an
industrial wastewater discharge permit.
3.7 Industrial Wastewater Discharge Permit Contents
Industrial wastewater discharge permits shall include such
conditions as are reasonably deemed necessary by the
Superintendent 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.
A. Industrial 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; and
(5) Requirement for immediate notification to the City
where self- monitoring results indicate non-
compliance;
(6) Requirement to report a by -pass or upset of a
pretreatment facility;
(7) Requirement for the SIU who reports non - compliance
to repeat the sampling and analysis and submit
results to the City within 30 days after becoming
aware of the violation.
(8) A statement of applicable civil, criminal, and
administrative penalties for violation of
pretreatment standards and requirements, and any
applicable compliance schedule.
B. Industrial wastewater discharge permits may contain, but
need not be limited to, the following conditions:
(1) Limits on the average and /or maximum rate of
discharge, time of discharge, and /or requirements
for flow regulation and equalization;
(2) Requirements for the installation of pretreatment
technology, pollution control, or construction of
appropriate containment devices, designed to reduce,
eliminate, or prevent the introduction of pollutants
into the treatment works;
(3) Requirements for the development and implementation
of spill control plans or other special conditions
including management practices necessary to
adequately prevent accidental, unanticipated, or
routine discharges;
(4) Development and implementation of waste minimization
plans to reduce the amount of pollutants discharged
to the POTW;
(5) The unit charge or schedule of user charges and fees
for the management of the wastewater discharged to
the POTW;
(6) Requirements for installation and maintenance of
inspection and sampling facilities and equipment;
(7) A statement that compliance with the industrial
wastewater discharge permit does not relieve the
permittee of responsibility for compliance with all
applicable Federal and State pretreatment standards,
including those which become effective during the
term of the wastewater discharge permit;
(8) Any special agreements the Superintendent chooses to
continue or develop between the City and user;
(9) Other conditions as deemed appropriate by the
Superintendent to ensure compliance with this
ordinance, and State and Federal laws, rules, and
regulations.
3.8 Industrial Wastewater Discharge Permit Appeals
Any person, including the user, may petition the City to
reconsider the terms of an industrial wastewater discharge permit
within 1 month (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
industrial wastewater discharge permit provisions
objected to, the reasons for this objection, and the
alternative condition, if any, it seeks to place in the
industrial wastewater discharge permit.
C. The effectiveness of the industrial wastewater discharge
permit shall not be stayed pending the appeal.
D. If the City fails to act within 2 months (60) days, a
request for reconsideration shall be deemed to be
denied. Decisions not to reconsider an industrial
wastewater discharge permit, not to issue an industrial
wastewater discharge permit, or not to modify an
industrial 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 7th
judicial district for jurisdiction within Madison
counties and Sugar City, due to the multi- jurisdictional
agreement.
3.9 Industrial Wastewater Discharge Permit Duration
Industrial wastewater discharge permits shall be issued for a
specified time period, not to exceed five (5) years. An
industrial wastewater discharge permit may be issued for a period
less than five (5) years, at the discretion of the
Superintendent. Each industrial wastewater discharge permit will
indicate a specific date upon which it will expire.
3.10 Industrial Wastewater Discharge Permit Modification
The Superintendent may modify the industrial 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 the industrial 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, City personnel, or
the receiving waters;
E. Violation of any terms or conditions of the industrial
wastewater discharge permit;
F. Misrepresentations or failure to fully disclose all
relevant facts in the data disclosure form or in any
required reporting;
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
industrial wastewater discharge permit; or
I. To reflect a transfer of the facility ownership and /or
operation to a new owner /operator.
3.11 Industrial Wastewater Discharge Permit Transfer
Industrial wastewater discharge permits may be reassigned or
transferred to a new owner and /or operator only if the permittee
gives at least 1 month (30) days advance notice to the
Superintendent and the Superintendent approves the industrial
wastewater discharge permit transfer. The notice to the
Superintendent 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. Acknowledges full responsibility for complying with the
existing industrial wastewater discharge permit.
Failure to provide advance notice of a transfer renders the
industrial wastewater discharge permit voidable as of the date of
facility transfer.
Provided that the above occurs and that there were no
significant changes to the manufacturing operation or wastewater
discharge, the new owner will be considered an existing user and
be covered by the existing limits and requirements in the
previous owner's permit.
3.12 Industrial Wastewater Discharge Permit Revocation
Industrial 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;
C. Misrepresentation or failure to fully disclose all
relevant facts in the data disclosure form;
D. Falsifying self- monitoring reports;
E. Tampering with monitoring equipment;
F. Refusing to allow the City timely access to the facility
premises and records;
G. Failure to meet discharge limitations;
H. Failure to pay fines;
I. Failure to pay sewer charges;
J. Failure to meet compliance schedules;
K. Failure to complete a wastewater survey or the data
disclosure form;
L. Failure to provide advance notice of the transfer of a
permitted facility; or
M. If the City has to invoke its emergency provision as
cited in Section 9.7 of the Ordinance.
N. Violation of any pretreatment standard or requirement,
or any terms of the industrial wastewater discharge
permit or this ordinance.
Industrial wastewater discharge permits shall be voidable
upon cessation of operations or transfer of business ownership.
All industrial wastewater discharge permits issued to a
particular user are void upon the issuance of a new industrial
wastewater discharge permit to that user.
3.13 Industrial Wastewater Discharge Permit Reissuance
A user, required to have an industrial wastewater discharge
permit, shall apply for an industrial wastewater discharge permit
reissuance by submitting a complete data disclosure form, in
accordance with Section 3.4 of this ordinance, a minimum of 3
months (180) days prior to the expiration of the user's existing
wastewater discharge permit. A user, whose existing industrial
wastewater discharge permit has expired and has submitted its re-
application in the time period specified herein, shall be deemed
to have an effective industrial wastewater discharge permit until
the City issues or denies the new industrial wastewater discharge
permit. A user, whose existing industrial 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 an industrial 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 City a
report which contains the information listed in
paragraph B, below. At least ninety (90) 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 City a report which
contains the information listed in paragraph B, below.
A new source shall also be required 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) Identifying 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.
(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.
(c) Sampling must be performed in accordance with
procedures set out in Section 5 of this
ordinance.
(6) Certification. A statement, reviewed by the user's
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.
(8) 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
by the Significant Industrial User with applicable
pretreatment standards and requirements set forth in
this ordinance, in a wastewater discharge permit, or
within 30 days following commencement of the
introduction of wastewater into the POTW by a new source
or "new users" considered by the City to fit the
definition of SIU, 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 users's actual production during the appropriate
sampling period.
4.3 Periodic Compliance Report
A. Any user that is required to have an industrial waste
water discharge permit and performs self- monitoring
shall submit to the City 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 water discharge permit. At a
minimum, users shall sample their discharge at least
twice per year.
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.
F. Sampling shall be representative of the user's daily
operations and shall be taken in accordance with the
requirements specified in Section S.
G. 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.
H. 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 shall be added
to the normal sewer charge and shall be payable as part
of the sewer bills. The City 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
Any user that is discharging 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 required provide a one time notification in writing to the
City, EPA Regional 10 Waste Management Division Director, Idaho
state Hazardous Waste Division. 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 the
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 per 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
discharged 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.
These notification requirements do not apply to pollutants
already reported under the self- monitoring requirements.
Whenever the EPA publishes final rules identifying additional
hazardous wastes or new characteristics of hazardous waste, a
user shall notify the City 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 loadings
Any user shall notify the City immediately of all discharges
that could cause problems to the POTW, including any slug
loadings, 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"
(or slugs) of pollutants shall be liable for any expense, loss,
or damage to the POTW, in addition to the amount of any fines
imposed on 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 City 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 City
within 30 days after becoming aware of the violation, except the
user is not required to resample if:
A. The City performs sampling at the user at a
frequency of at least once per month, or
B. The City performs sampling at the user between the
time when the user performs its initial sampling and
the time when the user receives the results of this
sampling.
4.9 Notification of changed discharge
All users shall promptly notify the City 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 TTO Reporting.
Categorical users which are required by EPA to eliminate
and /or reduce the levels of toxic organics (TTO's) discharged
into the sewer system must follow the Categorical Pretreatment
Standards for that industry. Those users must also meet the
following requirements:
A. Must sample, as part of the application
requirements, for all the organics listed under the
TTO limit (no exceptions);
B. No TTO's Used at the Facility or the user elects to
develop a solvent management plan in lieu of
continuously monitoring for TTO:
The user must routinely submit a certification
statement as part of its self- monitoring report that
there has been no dumping of concentrated toxic
organic into the wastewater and that it is
implementing a solvent management plan as approved
by the City.
4.11 Reports from Unpermitted Users
All users not required to obtain a wastewater discharge
permit shall provide appropriate reports to the City as the
Superintendent may require.
4.12 Record Keeping
Users subject to the reporting requirements of this ordinance
shall retain, and make available for inspection and copying, all
records 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. A minimum of four (4) grab samples must be used for pH,
cyanide, total phenols, oil and grease, sulfide, and
volatile organics. The Superintendent will determine on
a case -by -case whether the user will be able to
composite the individual grab samples. For all other
pollutants, 24 -hour composite samples must be obtained
through flow - proportional composite sampling techniques
where feasible. The City may waive flow - proportional
composite sampling for any user that demonstrates that
flow - proportional is infeasible.
In such cases, samples may be obtained through time - proportional
composite sampling techniques or through a minimum of four (4)
grab samples where the user demonstrates that this will provide a
representative sample of the effluent being discharged.
B. Samples should be taken immediately downstream from
pretreatment facilities if such exist or immediately
downstream from the regulated or manufacturing process
if no pretreatment exists or as determined by the City
and contained in the user's industrial wastewater
discharge permit. For categorical users, if other
wastewaters are mixed with the regulated wastewater
prior to pretreatment the user should measure the flows
and concentrations necessary to allow use of the
combined wastestream 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 should measure the flows and
concentrations necessary to evaluate compliance with the
adjusted pretreatment standard(s).
C. All sample results shall indicate the time, date and
place, of sampling, and methods of analysis, and shall
certify that such sampling and analysis is
representative of normal work cycles and expected
pollutant discharges from the user. If a user sampled
and analyzed more frequently than what was required in
its Industrial wastewater discharge permit, using
methodologies in 40 CFR Part 136. it must submit all
results of sampling and analysis of the discharge as
part of its self- monitoring report.
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 Superintendent 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
Superintendent will be permitted to enter without delay
for the purposes of performing specific
responsibilities.
B. The Superintendent 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
born by the user.
D. Unreasonable delays in allowing the Superintendent
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 user's 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, for 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, sampling, and measuring equipment shall
be maintained at all times in a safe and proper operating
condition at the expense of the user.
All monitoring facilities shall be constructed and maintained
in accordance with all applicable local construction standards
and specifications.
The Superintendent may require the user to install monitoring
equipment as necessary. All devices used to measure wastewater
flow and quality shall be calibrated to ensure their accuracy.
6.3 Search Warrants
If the Superintendent 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 industrial
wastewater discharge permit or order issued hereunder, or to
protect the overall public health, safety and welfare of the
community, then the Superintendent shall seek issuance of a
search and /or seizure warrant from the Madison County 7th
judicial courthouse of Rexburg. Such warrant shall be served at
reasonable hours by the Superintendent in the company of a
uniformed police officer for the City of Rexburg.
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,data disclosure forms, industrial 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 the largest daily
newspaper published in the municipality where the POTW is
located, a list of the users which, during the previous twelve
(12) months, were in significant non - compliance with applicable
pretreatment standards and requirements. The term significant
non - compliance shall mean:
A. Chronic violations of wastewater discharge limits,
defined here as those in which sixty -six percent (66 %)
or more of wastewater measurements taken during a six -
(6- )month period exceed the daily maximum limit or
average limit for the same pollutant parameter by any
amount;
B. Technical Review Criteria (TRC) violations, defined here
as those in which thirty -three percent (33 °s) or more of
wastewater measurements taken for each pollutant
parameter during a six- (6- )month period equals or
exceeds the product of the daily maximum limit or the
average limit multiplied by the applicable criteria 1.4
for BOD, TSS, fats, oils and grease, and 1.2 for all
other pollutants except pH;
C. Any other discharge violation that the City believes has
caused, alone or in combination with other discharges,
interference or pass through (including endangering the
health of City 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;
G. Failure to accurately report non - compliance; or
H. Any other violation(s) which the City determines will
adversely affect the operation 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, an
Industrial 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 5 working 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 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 Hearin
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 5 working 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, industrial
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
continues 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
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 aprerequisite for, taking any other action against
the user.
9.6 Administrative Fines
A. When the Superintendent finds that a user has violated
or continues to violate any provision of this ordinance,
or Industrial wastewater discharge permit, or order
issued hereunder, or any other pretreatment standard or
requirement, the Superintendent may fine such user an
amount of at least $250.00 per day and not more than
$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. 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 Superintendent 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
Superintendent 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
Superintendent 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 Superintendent shall allow the user to
recommence its discharge when the user has demonstrated
to the satisfaction of the City 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 an Industrial 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;
D. Refusal of reasonable access to the users 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 - JUDICIAL ENFORCEMENT REMEDIES
10.1 Injunctive Relief
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 petition the Madison county 7th judicial courthouse 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 Industrial 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 civil penalty of at least $250.00 per
day, per violation,and shall not exceed $1000.00 per
day, per violation. 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 Superintendent 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.
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 of a misdemeanor, punishable by a
fine of at least $250.00 per day, per violation not to
exceed $1000.00 per day,per violation or imprisonment.
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
$250.00 per day, per violation not to exceed $1000.00
per day per violation, and /or be subject to
imprisonment. 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 data
disclosure form, 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 required under this ordinance shall,
upon conviction, be punished by a fine of not more than
$1000.00 per violation per day, or imprisonment, 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 day,
per violation, or imprisonment.
10.4 Remedies Non - exclusive
The provisions in Sections 8 through 11 of this ordinance are
not exclusive remedies. The City reserves the right to take any,
all, or any combination of these actions against a non - compliant
user. Enforcement of 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 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 Superintendent 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 Superintendent to be necessary
to achieve consistent compliance.
11.2 Liability Insurance
The Superintendent may decline to issue or reissue an
industrial wastewater discharge permit to any user which has
failed to comply with any provision of this ordinance, a previous
industrial wastewater discharge permit or order issued hereunder,
or any other pretreatment standard or requirement, unless the
user first 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, or industrial 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 Contractor Listina
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
12.1 Upset
A. 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.
B. An upset shall constitute an affirmative defense to an
action brought for non - compliance with applicable
pretreatment standards if the requirements of paragraph
(C) are met.
C. 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
(3) 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; and
(c) Steps being taken and /or planned to reduce,
eliminate, and prevent recurrence of the non-
D. In any enforcement proceeding, the user seeking to
establish the occurrence of an upset shall have the
burden of proof.
E. 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.
F. Users shall control production of all discharges to the
extent necessary to maintain compliance with applicable
pretreatment standards upon reduction, loss, or failure
of its 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 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
wastestreams 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 operation. These
bypasses are not subject to the provision of paragraphs
(C) and (D) of this section.
C. (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 reoccurrence 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. (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 or preventive 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 - MISCELLANEOUS PROVISIONS
13.1 Pretreatment Charges and Fees
The City may adopt reasonable fees for reimbursement of costs
of setting up and operating the City's Pretreatment Program which
may include:
A. The Industrial users will be responsible for paying for
it's own facility's heavy metals testing and shipping.
B. Fees for a data disclosure form including the cost of
processing such applications;
C. 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;
D. Fees for reviewing and responding to accidental
discharge procedures and construction;
E. Fees for filing appeals; and
F. 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.
13.2 Severability
If any provision of this ordinance is invalidated by any
court of competent jurisdiction, the remaining provisions shall
not be effected and shall continue in full force and effect.
13.3 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.
13.4 SURCHARGE ON EXCESSIVE STRENGTH DISCHARGE
Ordinance #772 on excessive strength discharge for BOD's in
excess of 200 mg /1, and TSS in excess of 200 mg /l will be charged
a fee of ($0.36 per pound BOD) and ($0.18 per pound TSS). Formula
example as follows:
EXAMPLE:
A wastewater flow of 10,000 gallons /day having 800 mg /1 of
BOD, The "EXCESSIVE STRENGTH" quantity of BOD would be: 10,000
gal /day x (800 mg /1 - 200 mg /l (i.e., the assumed "normal
quantity" of BOD discharged) x 30 days (number of days
represented by the test sample) x 8.34 lbs /gal divided by
1,000,000 gal.) = 1501 lbs. of BOD. The "surcharge for Excessive
Strength" for BOD would be 1501 lbs of BOD x $ 0.36/lb. (The
assumed rate per pound for "Excessive Strength" BOD) = $ 600.40.
SECTION 14 - EFFECTIVE DATE
This ordinance shall be in full force and effect immediately
following its passage, approval and publication, as provided by
law.
PASSED this 19th day of November , 199 7.
AYES:Kay Beck, Marsha Bjornn, Farrell Young, Nyle Fullmer, Bruce
Surber
NAYS: None
ABSENT: Glen Pond
NOT VOTING: None
APPROVED by me this 19th day of November 1997.
df�� / &�A -
Cit f Rexburg Ma r
ATTEST:
City Clerk
STATE OF IDAHO )
)ss.
County of Madison )
I, ROSE BAGLEY, 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 REPEALING AND REPLACING REXBURG CITY ORDINANCE
NO. 789, AND ADOPTING A NEW ORDINANCE ENTITLED "JUVENILE CURFEW";
STATING THE PURPOSE OF THE ORDINANCE; DEFINING TERMS; CREATING
OFFENSES FOR MINORS, PARENTS AND GUARDIANS OF MINORS AND FOR
BUSINESS ESTABLISHMENTS VIOLATING CURFEW REGULATIONS;
PROVIDING DEFENSES; PROVIDING FOR ENFORCEMENT BY THE POLICE
DEPARTMENT; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING FOR;
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 19th day of November
1997.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said City
of Rexburg, Idaho, this 19th day of November ,1997.
City
(Seal)