HomeMy WebLinkAbout697 Sewage Pre-Treatment Ordinance473
ORDINANCE NO 697
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE VII, HEALTH AND
SANITATION, OF THE REVISED AND COMPILED ORDINANCES OF' THE CITY OF
MERIDIAN TO ADD A NEW CHAPTER TO BE KNOWN AS "CHAPTER. 7, SEWER PRE-
TREATMENT"' ADOPTING SECTIONS RELATED TO PURPOSE AND POLICY,
PROGRAM ADMINISTRATION, DEFINITIONS; PROHIBITED DISCHARGE STANDARDS,
PROHIBITIONS ON STORM DRAINAGE AND GROUND WATER, ACCEPTANCE OF
GROUND WATER FROM CLEANUP PRO.IECTS, SEPTAGE WASTE, ADDITIONAL
PRETREATMENT MEASURES; STATE REQUIREMENTS; ACCIDENTAL DISCHARGES,
FEES, INDIRECT DISCHARGE PERMIT APPEALS, INDIRECT DISCHARGE PERMIT
MODIFICATIONS; INDIRECT DISCHARGE PERMIT REISSUANCE, INDIRECT
DISCHARGE PERMIT PERMIT REVOCATION, USER REPORTING REQUIREMENTS,
INSPECTION ANt) SAMPLING, CONFIDENTIAL INFORMATION; ENFORCEMENT,
PENALTIES; AND AFI=IRMATIVE DEFENSES. TO DISCHARGE VIOLATIONS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is deemed to be in the best interest of the-City of. Meridian and its
citizens to adopt `sewer pre treatment ordinance provisions to protect the health and safety
of the citizens of the City of Meridian.
NOW; THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF MERIDIAN, IDAHO:
Section 1: That Title VlI, Chapter 7; of the Revised.and Compiled Ordinances of
the City of Meridian, be, and the same is hereby enacted to read as follows:
"7701 `. PURPOSE AND POLICY. This ordinance sets forth uniform requirements
for users of the Publicly Owned Treatment Works (POTWs) and. enables the City
to protect public health and the environment in conformity with all applicable local,
State and federal iaws:relating thereto. Since this Ordinances governs and relates
to the health, welfare and safety of the citizens. of the City of Meridian and the users
of the city of Meridian Publicly Owned. Treatment Works and system, these
provisions shall be applicable to all users, regardless of the date, time or place
theiruse commenced,
The objectives of this Ordinances are:
A: To prevent the introduction of pollutants into the POTW which will
interfere with the normal operation of the system or contaminate the
resulting municipal sludge;
B. To prevent the introduction of pollutants into the POTW which do not
receive adequate treatment and which will pass through the system
into receiving waters or the atmosphere or otherwise be incompatible
with the system;
C: To.improve the opportunity to recycle and reclaim wastewater and
sludge from the POTW; and
D: To protect the public using and the personnel operating the POTW.
This Ordinance provides for the regulation of users of the POTW through the
enforcement of :administrative regulations. This: Ordinance authorizes.. the issuance of
indirect 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 dis#ribution of costs resulting from the program described
herein. This Ordinance does not provide for the recovery of operations, maintenance or
replacement costs of-the POTW or the costs associated with the construction of collection
and treatment systems used by Industrial: Dischargers, in proportion to their use of the
POTW; which are the subject of separate enactments:
SEWAGE PRE-TREATMENT ORDINANCE _ PAGE 1
474
7-702: PRETREATMENT PROGRAM ADMINISTRATION. Except as otherwise provided
herein, the City's Public Works Director or his designee shall administer, implement, and
enforce the provisions of this ordinance.
7-703: DEFINITIONS.
(a) Act -The Clean Water Act (33 U.S.C. 1251, et seq), as amended.
(b) Applicable Pretreatment Standards -For any specified.pollutant, the
discharge prohibitions are: the City's specific limitations on discharge,
State standards, or the National Categorical Pretreatment Standards,
whichever standard is most stringent:
(c) Bypass -The intentional diversion of wastestreams from any -portion ~f an
user's facility.
(d) Categorical Pretreatment 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:G. 139.7) which. apply to a specific
category of users and which appear in 40 CFR Chapter I,.Subchapter N,
405 - 471. .
(e) Categorical user - A user regulated by one or more of EPA's Categorical
Pretreatment Standards.
(f) Cooling Water/NonContact Cooling Water -Water used for cooling which
does not come into direct contact with any raw material, intermediate
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.
(g) Indirect Discharge- Theedischarge or the introduction. of nondomestic
pollutants into a POTW from a source regulated under Section 307(b)
(c) or (d) or the Act.
(h) Industrial User -User -Any nonresidential user wi#h an indirect discharge
of effluent .into a POTW by means of pipes, conduits, pumping stations,
force mains, constructed drainage ditches, surface water intercepting
ditches, and all constructed devices and appliances appurtenant-.thereto,.
This term includes Federal, State and Local facilities as part of the regulated
community, since such entities are subject to Federal pretreatment
regulations.
(i) Industrial Waste -Solid, liquid or gaseous waste resulting from any industrial
manufacturing, trade, or business .process or from the development; recovery
or processing of natural resources.
(j) 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 sludge processes
use or disposal; or (3) is the cause of a violation of the discharge permit
(including an increase in the magnitude or duration of a violation) or of the
prevention of sewage sludge use or disposal incompliance 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 more commonly
referred to as the Resource Conservation and Recovery Act (RCRA) and
including State regulations contained in any. State sludge management plan
prepared pursuant to Subtitle D of the SWDA, the Clean Air Act, and the
Toxic Substances Control Act.
(k) Minor Industrial User (MIU) - A nonresidential user with an indirect discharge
#o the POTW which does not meet the cxiteria as a significant- industrial user
or a significant connecting user, but whose operation and discharge may
warrant inspection to ensure compliance with discharge prohibitions,.
pretreatment facility operation, spill prevention measures, and pollution
prevention assistance.
(L) New source -.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 ofproposed: 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, and such building,
structure, facility or installation:
SEWAGE PRE-TREATMENT ORDINANCE PAGE 2
475
(1) is 'constructed a# a site at -which no other source is .located, or
- (2} totally replaces the processor production equipment that causes
the discharge °of pollutants at an existing source, or
(3) is constructed forproduction of wastewater generating processes
which are substantially independent of an existing source at the
same site, substantial independence being determined by factors
such as: (a} the extent to which the new facility is in#egrated with the
existing plant,' and (b) the extent to which. the new facility is engaged
in the same general type of activity as the existing source.
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
paragraphs`(2) or (3) above; but otherwise alters, replaces or adds to
existing process or production equipment:
For 'purpose ofi this definition; construction is deemed to commence when:
(A} the owner or operator of the facility has entered into a binding
contractual obligation for the purchase of facilities or equipment
which are intended to be used in its operation wi#hin: a reasonable
time. Options to purchase or contracts with can be terminated or
modified without substantial loss, and contracts for feasibility,
engineering and design s#udies do not constitute a contractual
` obligation herein; or when
(B} the following are begun as part. of a continuous on-site
construction:
[1 ] 'any placement, assembly or installation of facilities
or'equipment; or
[2] 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.
(m) NPDES -National Poltu#ant Discharge Elimination: System permit program
as administered by the USEPA or State.
(n) Other Wastes -Decayed wood; sawdust, shavings, bark, lime, refuse, ashes,
garbage, offal, oil, tar; chemicals and all other substances except sewage
and industrial-wastes:
(o) ~ 'Pass Through -The occurrence of ara Indirect Discharge which exits the
POTW into waters of the United S#ates in quantities or-concentrations which
-alone or in conjunction with a discharge of discharges from other sources,
is a cause of a violation of -any requirement of the POTW's NPDES permit
(including an increase in the magnitude or duration of a violation).
(p) POTW -Any sewage treatment works owned and operated by the City and
the sewers and' conveyance appurtenances discharging thereto, whe#her
or not owned by the City. The term also means .Meridian City Sewage
Works since the U.5. Environmental Protection Agency issues NPDES
permits to Meridian City.
(q) Pollutant -Any substance discharged into a POTW or its collection system
-which is prohibited or limited by Sections 4:01, 4.02, and Sections 5,6, and
7 herein: This term includes dredged spoil, solid waste,: incinerator residue,
sewage, garbage, sewage sludge, munitions, chemical wastes, biological
materials, radioactive materials; heat, wrecked or discarded equipment,
rock, sand, cellar dirt and industrial, municipal and agricultural wastes.
(r) Pretreatment -The reduction of the amounts of pollutants, the elimination
of pollutants or the alteration of the- nature of pollu#ant properties in
wastewater to a less harmful state prior to or in lieu of discharging or
otherwise introducing -such pollutants into a POTW.
(s) Pretreatment Requiremen# -Any substantive or procedural requirement
related to pretreatment, o#her than a ateaorical_Pretreatment Standard
.imposed ofi' an industrial user.
(t) Severe Property Damage -Substantial physical damage to property, damage
to the treatment facilities which causes them to become inoperable, or
SEWAGE PRE-TREATMENT ORDINANCE ~ ~ `PAGE 3
476
(u)
(v)
(w)
(x)
(Y)
(z)
(aa)
(ab)
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.
Sewage -Water-carried human wastes or a combination of water-carried
wastes from residences, business buildings, institutions and industrial
establishments.
Sewer -Any pipe, conduit, ditch or .other device used to collect and
transport sewage from the generating source.
Shall - Is mandatory.
Significant Connecting User (SCU). All private, public, or quasi-public
reservation, compound, district, government installation, industrial,
commercial, or domestic complex which indirectly discharges to the
POTW at single or multiple connection .points to the City's sewer collection
system. Upon determination by the Sewer Superintendent that an SCU, as
a result of the discharge of toxic pollutants or high strength sewage as
measured by BOD and TSS, caused or has-the potential to cause
interference with the operation and maintenance of the POTW, including
its wastewater collection system, causes or has the potential to cause pass
through of pollutants to the receiving waters, or causes or has the potential
to cause interference with the treatment, disposal or beneficial reuse of the
POTW s sludge, or that contributes greater than 5°~ of the total flow entering
the POTW, the City may issue an Indirect .Discharge Permit to the SCU.
issuance of an indirect discharge permit may not be necessary if the SCU
is regulated by an EPA-approved pretreatment program.
Significant Industrial User (SIU) -Any industrial users of the POTW:
(1) subject to Categorical Pretreatment Standards promulgated under
40 CFR 403.6 and 40 CFR Chapter t, Subchapter, and
(2) any other industrial user that: discharges an average of 25,000 gpd
or more of process wastewater to the POTW (excluding sanitary,
noncontact cooling, and boiler blowdown wastewater); contributes
a process wastestream which makes up five percent (5°~) or more
of the average dry weather hydraulic or organic capacity to the
treatment facility receiving the waste; or is designated as such by
the City as defrned in 40 CFR 403.12(a) on the basis that the
industrial user has a reasonable potential, either singly or in
combination with other contributing industries, for adversely affecting
the POTW s wastewater collection and treatment system, the quality
or air emissions generated by the system or for violating any
pretreatment standard or requirement.
(3) Upon the subsequent finding that a user, which had met the above
criteria, no longer has reasonable potential for adversely affecting
the POTW s operation or for violating any applicable pretreatment
standard or requirement, the POTW may at any time, on its own
initiative or in response to a written request from the user [and in
accordance with procedures in 40 CFR §403.8 (f)(6)], may determine
that such user should not be considered a Significant Industrial User.
Slugload -Any discharge at a flow rate or concentration which could cause
a violation of the discharge standards in Sections 4.01, 4.02, and Sections
5, 6, and 7 of this Chapter or any discharge of a nonroutine, episodic nature
including but not limited to, an accidental spill or a noncustomary batch
discharge.
Toxic PoNutants -Pollutants or combination of pollutants listed as toxic in
regulations promulgated by the Administrator of the. Environmental Protection
Agency under Section.307 (33 U.S.C. 1317) of the Act.
Upset - An exceptional incident. in which a user unintentionally and temp-
orally is in a state of noncompliance with .the standards set forth in Sections
4.01, 4.02 and. Section 5, 6, and. 7 and. 8 herein. due to .factors beyond the
reasonable control of the user, and excluding noncompliance to the extent
caused by operational error, improperly designed treatment facilities,
inadequate treatment facilities, tack of preventive maintenance, or careless
or improper operation thereof.
SEWAGE PRE-TREATMENT ORDINANCE - , ..PAGE 4
477
{ac) User.-See industrial User.
{ad) Wastewater -Industrial waste, or sewage or any other waste
including that which may be combined with any ground water,
surface water or storm .water; that may be discharged to the POTW.
7-704: - PROHIBITED DISCHARGE STANDARDS:
General Prohibitions. No user shall-introduce. or cause to be
introduced into he 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 Federal, State, or
Local pre#reatment standards or requirements.
2. Soecific Prohibitions. No user shall contribute or cause to be
discharged, directly or indirectly, any of the following described
substances into the wastewater coNection system or treatment
facilities:
(a} Any wastewater having. a pH less than five. (5) or greater
#han 9.0 or having any other corrosive property capable of
causing damage or hazard to structures; .equipment or
personnel of-.the. system.
(b) Any-toxic pollutants in sufficient quantity, either singly or by
combined interaction to injure or interfere with any waste
water treatment process, constitute a hazard to humans or
animals or to exceed the limitation set forth in National
Categorical Pretreatment Standards.
(c)- Any liquids, solids or gases which by reason of their nature
or quantity are, ar. may be sufficient ei#her alone or by inter-
action with other substances to cause fire or explosion or
be injurious in another way to the POTW or to the operation
of the POTW. At no time shall two successive readings on
an explosion hazard meter, at the point of discharge into the
system (or at any point irr the system); be more than five (5%)
nor any single reading over ten percent (10%} of the Lower
Explosive Limit (LEL_) of the meter. Prohibited'materials include
but are not limited to gasoline; kerosene, naphtha, benzene,
toluene; xylene; ethers, alcohols; ketones, aldehydes, peroxides,
chlorates, perchlorates; bromates; carbides, hydrides, sulfides,
and any -other substances which the POTW deems to be a fire
hazard or a hazard to the system.
(d) Pollutants which create a fire or explosive hazard in the POTW
including,:but notiimited to;.wastestreams with aclosed-cup
flashpoint of less than 140'F (60°C) using the test methods
specified in 40 CFR §2fi1.21.
~(e) Any solid orviscous substances which will or may cause
obstruction to the .flow in a sewer or other interferences with the
-.operation of the wastewater system; such as, but not limited to:
::..grease, .garbage. with particles greater than one-half (1/2) inch
in any dimension, :animal.: guts or tissues, paunch manure, bones
hair; hides; or fleshings, entrails, whole- blood feathers, ashes
cinders, sand, spent lime-stone or marble dust, metal, glass,
straw, shavings, grass clippings; rags, spent grains, spent hops
wastepaper,-wood, plastics,.gas; tar; asphalt residues, and
residues #nxn refining or processing of fuel or lubrica#ing oil,
mud or glass grinding or polishing .wastes.
(f) Petroleum oil, nonbiodegradabie cutting oil, or products of mineral
..oil origin, in amounts that will cause interference or pass through.
(g) Any noxious or malodorous liquid, gases or solids which either
singly or byin#eraction are capable of creating a public nuisance
or hazard to life or are sufficient to prevent entry into the sewers
for their maintenance and repair.
SEWAGE PRE-TREATMENT ORDINANCE P~-GE 5 `~
478
(h) 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.
(i) Any substance which may cause the POTW's effluent or treatment
residues, sludges or-scums to be unsuitable for reclamation and
reuse or to interfere with the reclamation process. In no case, shall
a substance discharged to the POTW cause the POTW to be in
noncompliance with sludge use or disposal criteria, .guidelines
or regulations developed under Section 405 of the Act; any
criteria, guidelines or regulations affecting sludge use or disposal
developed pursuant to the Sofid Waste Disposal Act, the Clean Air
Act, the Toxic Substances Control Act or State standards applicable
to the sludge management method -being used.
(j) Any substance which will cause the POTW to violate is NPDES/or
other disposal system permits.
(k) Any substance with objectionable color not removed in the treatment
process, such as, but not limited to, dye wastes and vegetable
tannin solutions.
(I) Any wastewater having a temperature which will inhibit biological
activity in the POTW treatment plant resulting in interference; but in
no case, wastewater with a temperature at the introduction into the
POTW Treatment Plant which exceeds 40°C (104°F). If, in the
opinion of the City, lower temperatures of such wastes could harm
ei#her the sewers, sewage treatment- process or equipment; have an
adverse.effect on the receiving streams or otherwise endanger life,
health or property;. or constitute a nuisance, the City may prohibit
such discharges.
(m) Any. unpolluted water in excess of 2,000 gallons per day including,
but not limited to noncontact cooling water. See Section 4.04
Prohibitions on Unpolluted Waters.
(n) Any wastewater at a flow rate and/or Pollutant discharge rate which
is excessive over a relatively short time period so that there is a
treatment process upset and subsequent loss of treatment efficiency.
(o) Any wastewater containing any radioactive wastes or isotopes of such
halflife or concentration as exceed limits established by the City
in compliance with applicable State or Federal- regulations.
(p) Any wastewaterwhich causes a hazard to human life or creates
a public nuisance.
Pollutants, substances, or wastewater prohibited by the section shall not
be processed or stored in such a manner that could result in their discharge
to the POTW.
3. Prohibitions on Storm Drainage and Ground Water Storm water, ground
water, rain water, street drainage, subsurface drainage or yard drainage
shall not be discharged through direct or indirect connections to the waste
water. collection. system unless a pem~it is issued by the POTW. The POTW
. may approve the .discharge of such water only when no reasonable
alternative method of disposal and/or treatment is available.
If a permit is granted for the discharge of such waters into the sewer
the user shall pay the applicable charges and fees and meet such other
conditions as required by the POTW.
4. Prohibitions on Unpolluted Water Unpolluted water,-including, but not
limited to cooling water, process water or blowdown from cooling towers
or evaporative coolers shall not be discharged through direct or indirect
connection to the sewer unless a permit is issued by the POTW. The POTW
may approve the discharge of such water only when no reasonable
altemative method of disposal and/or treatment is available.
If a permit is granted for the discharge of such waters into the sewer,
the user shall pay the applicable charges and fees and meet such other
conditions as required by the POTW.
5. Limitations on Point of Discharge No person shall discharge any substances
directly into a manhole or other opening into the sewer other than through
SEWAGE PRE-TREATMENT ORDINANCE PAGE 6
479
an approved building sewer connection unless a permit has been issued by
the POTW. If a permit is granted for the discharge of such waters into the
sewer, the user shall pay the applicable charges and fees and meet such
other conditions as required by the POTW.
6. septage Waste. No person~shalt discharge any septage waste into the
sewer. septage Haulers who comply with. the .licensing requirements
presented in [Title 5; Chapter 21 of Boise City.Code] may deposit their
septage at the site designated by Meridian City as a receiving facility.
7. c• e~tance'of Ground Water from Cleanup Prole s -Wastewater. generated
from the cleanup of spills, leaking underground storage tanks, monitoring .
wells or other similar sources sha11 not be discharged through direct or
indirect connectionsto the sewer unless a permit is issued by the POTW.
The POTW may approve the di charge of. such water only when no .
reasonable alternative method of disposal. and/or treatment is available. If
a permit is granted for the discharge of such waters into the.sewer, the user
shalt pay the applicable charges and fees. and meet such .other conditions
as required by the POTW. Each emporary discharge permit must be
reviewed and reissued if~ the user wishes to discharge past the original
expiration date.
8: Additional Pretreatment Measures. Whenever deemed necessary,, the
Pretreatment Coordinator may. require users to restrict their discharge during.
peak flow periods; designate that certain wastewaters be discharged or-1y
into specific sewers, relocate and/or consolidate points ofdischarge,
separate sewage wastestreams from industrial wastestreams, and such
other conditions as may be necessary to protect the POTW and to determine
the user's compliance with the requirements of this ordinance..
Grease, oil and sand interceptors shall be provided when they are
`necessary`for the proper handling of wastewater containingexcessive .
amounts of grease and oil, or sand; except that such interceptors shall not,
be required for residen#ial users. All interceptors shall not be required for
residential users. All intercep#ion .units shall be of a type and capacity
approved by the appropriate Building Department having authority and
shall be so located to be easily for cleaning and inspection. Such
interceptors shall be inspected; cleaned, and repaired regularly, as needed
by the user and at their expense.
7-705 NATIONAL CATEGORICAL PRETREATMENT STANDARDS. National
Categorical-Pretreatment Standards as_promulgated by the U.S. Environmental-
Pt~otection Agency (EPA) pursuant to the Act and found in 40 CFR Chapter I,
Subchapter N, Parts 405 ~-- 471 are hereby incorporated and shall be enforceable -
by this ordinance.
7=706 STATEREQUIREMENTS. 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(s).: .
7=707 LOCAL LIMITS. in addition to National Categorical Pretreatment Standards
referenced in Section 7-705 of this ordinance,..no user shall discharge wastewater:
containing concentrations (and/or mass limitations) of substances exceeding, the
following local limits:
:.Maximum Daily.
Parameter ~ concentration (ma/Il
Arsenic 0.25
',Cadmium 0.11
Chromium (total) 2.77
copper 3.38
Cyanide (total) ~ .2Q
Iron 1.50
Lead 0.69
Mercury 0.50
Nickel 3.98
Silver 0.43.
- Zinc 2.61.
,PAGE 7
SEWAGE PRE-TREATMENT ORDINANCE
480
TOTAL ORGANICS (TTO) 2..13 *"`
NON METAL FINISHING STANDARDS
'"`'t SEE LIST OF ORGANIC CHEMICALS INCLUDED IN.TOTAL
TOXIS ORGANICS (TTO) REGULATED UNDER
ELECTROPLATING AND METAL FINISHING CATEGORIES
MAINTAINED AT THE MERIDIAN SEWER PLANT.
Wherever a user is subject to both a National Categorical Pretreatment Standard
and a local limit for a given pollutant, the more stringent Limit or pretreatment standard
shall apply.
7-707a DEADLINE FOR COMPLIANCE WITH APPLICABLE. PRETREATMENT
REQUIREMENTS. Compliance by existing-users covered by Categorical-Pretreatment
standards shall be within 3 years of the date of the date the Standard is effective unless
a shorter compliance time is specified in the appropriate Standard. Meridian City shall
establish a final compliance deadline date for any existing user not covered by Categorical
Pretreatment Standards or for any categorical -user when local limits for said user are more
restrictive than EPA's Categorical Pretreatment Standards.
New source dischargers 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 shall install and have in operating condition, and shall start-up,
ail pollution control equipment required to meet applicable pretreatment standards before
beginning to discharge.
Any indirect 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 noncompliance with any-local limits, shall be provided with
a compliance schedule placed in an indirect discharge permit to ensure compliance within
the shortest time feasible.-
7-708 DILUTION No user shall increase -the use of potable or process. water or, in any
other way, attempt to dilute a discharge as a partial or complete substitute. for adequate
treatment to achieve compliance with the local or the National Pretreatment Standards.
The City may impose mass limitations on users which ace using dilutions to meet the
pretreatment standards or requirements of the ordinance, or in other cases where the
imposition of mass limitations is deemed appropriate by the City.
7-709 ACCIDENTAL DISCHARGES. -Each user shall provide protection from the
accidental discharge of prohibited or regulated materials or substances established by this
ordinance: Where deemed necessary by the City, facilities to prevent accidental
discharge of prohibited materials shall be provided maintained. at the user's cost and
expense. An Accidental Spill Prevention Plan (ASPP) showing facilities and. operating
procedures to provide this protection shall be submitted to the City for review and approval
before construction of the facility or implementation of procedures. Each existing user
shall complete and submit its ASPP within 60 days after notification by the City.
Each user shall implement its ASPP as submitted after such ASPP has been
reviewed and approved by the City. Review and approval of such plans and operating
proceduresby the City shall not relieve the user from the responsibility to modify its facility
as necessary to meet the requirements of this ordinance.
Any user required to develop and implement an ASPP shall submit a plan which
addresses, at a minimum, the following elements:
(1) Description of discharge practices, including nonroutine 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 4.01, 4.02, Section 5, and
Section 6 of this Chapter; 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
SEWAGE PRE-TREATMENT ORDINANCE PAGE 8
481
emergency response.
Users shall notify the City .wastewater treatment plant immediately upon the
occurrence of the "slugload"; or accidental discharge: of substances prohibited by this
ordinance: The notification shalt include location, of discharge, date and time thereof, type
of waste, concentration and volume, and corrective actions. Any user who discharges a
slugload of prohibited materials shalt ~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. .
7-710 PRETREATMENT: FACILITIES: Users -shall provide. ,necessary wastewater
pretreatment as required to comply-with this ordinance and shall .achieve compliance with
all appfiicable pretreatment standards. within the time limitations as specified by appropriate
statutes, regulations and-ordinances.. Any facilities required to pretreat wastewater to a
level acceptable to the City shall be provided, properly operated and maintained at the
user' expense: Detailed plans showing the pretreatmen#.facilities shall be submitted to the
City for review and must be acceptable to the City before construction of the facility. The
review of such plans shall in now way relieve the Discharger from the responsibility of
modifying its facility or operations as necessary to produce an effluent acceptable to the
City under the provisions of this ordinance. Within a reasonable time- after the completion
of the- wastewater pretreatment facility, the .user,: shall furnish .its operations and
maintenance procedures for the City to review:-Any subsequent significant changes in the
pretreatment facilities or method of operation shall be reported to and. be accep#ed by the
City prior to the user's initiation of the changes:
7-711 FEES.
.01 Pur It is ttae purpose of this chapter to provide for the payment of fees
from'users to the City's wastewater disposal system to compensate the City
for their costs associated with monitoring, inspection, surveillance and
laboratory analysis required by the Federal pretreatment program.
.02 ('hates and- Fees.. If costs -are incurred beyond normal operation through
involvement with noncomplying users, the City Public Works Department
will .charge the noncomplying user for monitoring, laboratory analyses,
inspections and surveillance as required. by Federal pretreatment require-
ments and this ordinance.
7-712' WASTEWATER DISCHARGES. It shall be unlawful to discharge sewage, industrial
wastes or other wastes to °any sewer. within the. jurisdiction of the City, and/or to the
POTW, without having first complied with the terms of this ordinance, or without having
first obtained the City's approval of a compliance schedule submitted by the user.
7-713 WASTEWATER DISCHARGE- DATA DISCLOSURE.
.01 rPneral Disclosure. AlI Significant Industrial.-and Connecting Users
'propo'sing to connect to or to discharge sewage, industrial wastes and
other wastes to the POTW shall comply with all terms of this ordinance.
:02 Disclosure Forms Significant Industrial and Connecting Users shall
complete and file with the-City a Data Disclosure Form prescribed by the
City. Existing Significant Industrial and Connecting Users shall file Data
Disclosure Forms within 60 days after notification. by the City, and users
- shall file a Data Disclosure Form a minimum of 30 .days before connecting
Ito the POTW. -This Data Disclosure Form satisfies the requirement of the
user Baseline Monitoring Report as described-in 40 CFR 403.12(b). The
disclosure to be made by the user shall be made on written forms provided
by the City and shall include:
(a) Disclosure of name, address. and. location of the user.
(b) Disclosure of Standard Irtdustcial Classification (SIC) number
according to the Standard Industrial Classification Manual, Bureau
of.the Budget, 1.972, as amended.
(c) Disclosure of wastewater constituents and characteristics including
but not limited to those mentioned in this ordinance, as appropriate
as determined by bonafide chemical and biological.analyses.
Sampling and analysis shall be performed. in accordance with
procedures-.established by the U.S. EPA and contained in 40 CFR
Part 1.36; as amended.
(d) Disclosure of time and duration of discharges, including copies of flow
charts.
SEWAGE PRE-TREATMENT ORDINANCE..... PAGE 9
48Z
(e) Disclosure of average daily and maximum daily waste-water flow
rates, in gallons per day, including daily, monthly and seasonal
variations, if any. All flows shall be measured. unless other
verifiable techniques are approved by the City due to cost or non-
feasibility.
(f) Disclosure of site plans, floor plans, plumbing plans and details to
show all sewers, sewer connections, inspection manholes,
sampling chambers and appurtenances by size andlocation.
(g) Description of activities, facilities and plant processes on the premises
including all materials which are or may be discharged to the sewers
or works of the City and a brief description of the nature, average
rate of production and Standard Industrial Classification of the
operations.
(h) A statement regarding whether or not compliance is being. achieved
with this ordinance on a consistent basis and if not, whether.
additional pretreatment is required for the user to comply with this
ordinance.
(i) Where additional pretreatment and/or operation and. maintenance
activities will be required to comply with this ordinance, the. user
shall provide a compliance schedule consisting of a declaration of the
shortest schedule by which the user will provide such additional
pretreatment and/or implementation of additional operational and
maintenance activities.
(1) The schedule will contain milestone dates for the commence-
mentandcompletion of major events leading to the construction
and operation of additional .pretreatment required for the user
to comply with the requirements of this ordinance. Examples
of such milestone dates which the user may select include
hiring an engineer, completing preliminary plans, executing
contract for major components, commencing construction,
completing construction and other acts which may be necessary
to achieve compliance with this ordinance.
(2) Under no circumstance shall the City permit a time increment
of any single step directed toward compliance which exceeds
nine (9) months.
(3) Not later thar- 14 days following each milestone date in the
schedule and the final date for compliance, the user shall
submit a progress report to the City, including no less than a
statement as to whether or not it complied with the increment
of progress represented by that milestone 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 approved schedule.
Q) All Data Disclosure Forms shall be signed by an authorized repre-
sentative of the user as defined by 40 CFR 403.12:.(1.) and when
required by the City, a registered professional engineer.
(k) Each product produced by type, amount, process of processes
and rate of production.
(i) Type and amount of raw materials used, including chemicals used
in process which may be discharged to sanitary system (average
daily and maximum daily).
(m) List of environmental control permits held by or for the facility.
The City will evaluate the completeness of the. Data Disclosure Form
fumished by the user and may require additional information: The City may
require inspection and sampling manholes and/or flow measuring or
recording and sampling equipment to assure compliance with this ordinance.
Within 30 days, after full evacuation and acceptance of the data furnished,
the City shall notify the user of the City's acceptance through the issuance
of an Indirect Discharge permit; or rejection thereof. Incomplete or
inaccurate applications will not be processed and will be promptly returned
to the user with an explanation of necessary revisions. Any schedules or
SEWAGE PRE-TREATMENT ORDINANCE PAGE 10
483
timetables submitted by the user shall be subject to review and approval
by the City.
7-714 INDIRECT DISCHARGE PERMIT. No Significant Industrial User shall discharge
wastewater into the POTW without first ob#aining an indirect discharge permit. Significant
Connecting Users may require an' indirect discharge permit in -order _ to discharge
wastewater into the POTW. Any violation of the terms and conditions of an indirect
discharge permit shall be deemed a violation of this ordinance and subjects the user or
permittee to the sanctions set out in this ordinance. Obtaining an indirect 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 laws:
The`City shalt issue #o each Significant Industrial User and to certain Significant
Connecting Users an7ndirect Discharge permit, which will be based. on information in the
Data Disclosure dorm and include:'
(a) Any fees and charges to be paid upon initial issuance.
(b) timi#s on the average and maximum wastewater Pollutant. concentrations,
loadings or characteristics:
(c) Limits on average and maximum rate and-time of discharge or requirements
for flow regulations and equalization.
(d) Self-monitoring requirements including flow monitoring frequency and
method, sampling frequencies; number, types and standards for tests:
(e) Authorized points of discharge and regulated processes.
(f) Requirements for installation and-maintenance of inspection and sampling
facilities.
(g) Compliance schedules.
(h) Special conditions as the City may reasonably require, such as sampling
locations or circumstances of a given discharge:
(i) Reporting requirements including; but not limited to, notification of accidental
spills, noncompliance, and discharge/process changes.
(j) Requirements for submission of special technical reports or discharge
reports where same differs from those prescribed by this ordinance.
(k) Any special agreements the City chooses to continue or develop between
the City and SID.
(I) Standard conditions as apply to all Significant Industrial Users and certain
Significant Connecting Users.
Permits shall be issued for perpetual duration, subject to amended of revocations
provided in this ordinance. Under extraordinary circumstances, it may be issued fora
stated period or may be stated to expire on a specific date: Indirect Discharge. permits
shall be issued for a specific time period, not to exceed five (5) years: Each permit shall
indicate an effective date and an expiration date.
Indrect'discharge permits are issued to a specific .user for a specific operation and
are not assignable to-another user without prior written approval of the City or transferable
to any other location: Indirect discharge permits shall be voidable upon cessation of
operations or transfer of business ownership: The indirect discharge permit issued to a
particular user is void upon the issuance of a new indirect discharge permit to that.user.
7-715 INDIRECT DISCHARGE PERMIT - ~EXTRAJURISDICTIONAL USERS. Any existing
Significant Connecting user locate beyond the City limits is required to obtain an indirect
discharge permit shall submit a permit application as outlined in Section 7713 and 7-714.
New Significant Connecting User located beyond City limits required to obtain an indirect
discharge permit shall also comply with Section 7-713 and 7-716. Issuance of ari indirect
discharge permit may not be necessary if the SCU is regulated by an EPA-approved
pretreatment program.
7-716 INDIRECT DISCHARGE PERMIT APPEALS. Users will be provided with a draft
permit for their review and comment prior to permit issuance. Any person, including the
user, may petition the POTW to reconsider the terms of an indirect discharge permit as
follows: within 20 days of the~.permits issuance.
A: `The written petition must be filed with the Meridian Sewer Department within
twenty (20) days of the permit's issuance. Failure to submit a timely petition
for reconsiderationshall be deemed a waiver of the right to appeal
B. In its petition, the appealing party must indicate the specific permit
SEWAGE PRE-TREATMENT ORDINANCE PAGE 11
484
conditions objected to, the reasons for this objection, and shall present
alternative conditions to meet the intentof.this ordinance.
C. The effectiveness of the permit shall not be stayed pending the appeal.
D. The Meridian Sewer Superintendent or his designee shall provide written
action to the appealing party within ten (10) working days from the date the
appeal was filed. If the Sewer Superin#endent or his designee shall fail fo
respond within ten (10) working days, the petition for reconsideration shall
be deemed denied.
E. Decisions of the Meridian Sewer Superintendent or his designee regarding
the petition for reconsideration may be appealed to the Meridian Board of
Sewer Appraisers by filing a written request for appeal with the City
Engineer within fifteen (15) days of the decision of the Sewer Superintendent
or his designee. The Meridian Board of Sewer Appraisers shall address the
appeal at is next scheduled meeting.,. The appealing party may appear and
present evidence and testimony at such meeting. The decision of the Board.
of Sewer Appraisers regarding the petition shall be in writing.
F. The decision of the Board of Sewer Appraisers may be appealed to the
Meridian City Council by filing a notice requesting appeal with the Meridian
City Clerk's office within fifteen (15) days of receipt of the written decision.
7-716a: INDIRECT DISCHARGE PERMIT MODIFICATIONS. The terms and
conditions of an indirect discharge permit may be subject. to modification by the. Sewer
Superintendent at any time as limitations or requirements are modified or other just cause
exists. Any permit maiification which result in new conditions shall include a reasonable
time schedule for compliance as determined by the Sewer Superintendent. Other reasons
for modification include, but are 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 since the time of permit issuance or the last
modification;
C. A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge;
D. To incorporate special conditions resulting from the issuance of a special
order or an enforcement action; or
E. To correct typographical or other errors in the indirect discharge permit.
7-717 INDIRECT DISCHARGE PERMIT REISSUANCE. A user, required to have an
indirect discharge permit, shall submit a written request for permit renewal at least 60 days
prior to permit expiration. The POTW shall then provide the user with the necessary
renewal forms and instruction. A user, whose existing indirect discharge permit has
expired and has submitted its renewal application request within the specified. time period,
shall be deemed to have an effective indirect discharge permit unit the POTW issues or
denies a new indirect discharge permit. A user, whose existing indirect discharge permit
has expired and. who failed to submit its renewal application request within the specified
time period,. shall be deemed to be discharging without an indirect discharge permit.
7-717a INDIRECT DISCHARGE PERMIT REVOCATION. Indirect discharge permits
may be revoked for, but not limited to, the following reasons:
A. Misrepresentation or failure to fully disclose all relevant facts in the.. data
disclosure form or subsequent permit renewal submittals;
B. Falsifying self-monitoring reports;
C. Tampering with monitoring equipment;
D: Failure to meet discharge limitations;
E. Failure to pay fines;
F. Failure to meet compliance schedules;
G. If the City has to invoke its emergency provisions;
H.' Violation of any pretreatment standard or requirement, or any terms of an
indirect discharge permit of this ordinance.
7-718 STANDARDS MODIFICATIONS. All- National Categorical Pretreatment Standards
adopted by the U.S. EPA after the promulgation of this ordinance shall be enforceable by
the City through this ordinance. Where a user, subject to a National Categorical
Pretreatment. Standard, has not previously submitted a Data. Disclosure Form with the City
within 180 days after the promulgation of the applicable. National Categorical Pretreatment
SEWAGE PRE TREATMENT ORDINANCE PAGE 12
485
S#andard by the U.S: EPA. In addition, any user operating on the basis of a previous filing
of a disclosure statement; shall submit to the City within 480 days after-the promulgation
of an applicable National Categorical Pretreatment Standard, the additional information
required' by paragraphs (c); (h) and (i) of Section 7-713.02': If deemed necessary by the
City; where National Categorical Pretreatment Standards are more stringent, .the .indirect
discharge permit will be modified. The user shah be informed of any proposed'changes
in the Ordinance at least 30 days prior to the effective date of change. Any changes. or
new conditions in the Ordinance shall'include a reasonabletime schedule for compliance.
7-719: USER REPORTING REQUIREMENTS.
.01 Final Compliance Rem. Within 90 days following the-date for final
compliance by the user with applicable pretreatment standards-and
requirements set forth in this ordinance or an indirect discharge.permit,
or within 90 days after commencement of the introduction of wastewater
into the POTW by a 'new user; any user subject to this ordinance shall:
submit to the City a report indicating the nature and concentration of all ,
prohibited or regulated substances contained in its discharge, and the
average and maximums daily flow in gallons. The report shall state whether
the applicable pretreatment standards or requirements are being met on a
consistent basis and, if not, what additional operation, maintenance, and/or
pretreatment is necessary to bring the-user into compliance with the
applicable pretreatment standards or requirements. This statement shat) be
signed by an authorized representative of the user, as defined. by 40 CFR
403.12(1).
.02 Periodic Compliance Reports.
(4) Anyuser subject to a pretreatment standard set forth in this ordinance
after-the compliance date of such pretreatment standard, or, in the
case of a new user; after commencement of the discharge to the
POTW shall submit to the City at 6-month intervals as prescribed in
the indirect discharge permit; unless required more frequently by the
City, a report indicating the nature and concentration, of prohibited
or regulated substances in the effluent which are limited by the
pretreatment standards hereof. In addition, this report shall include
a record of alI'measured or estimated average and maximum daily
flows during the reporting period. Flows shall be reported on the
basis of actual measurement, provided,however, where cost or
feasibility considerations justify,- the City may accept reports of
'average and maximum flows estimated by verifiable techniques.
(2) Reports of users shall contain `all results of sampling: and analysis of
the discharge, including the flow and the natureand concentration,
or production and mass where required by the Ci#y. 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 repne-
sentative of normal work cycles and expected pollutant discharges
from the User:
All analyses shall be performed in accordance with 40 CFR, Part 136 an+d
amendments thereto. Where 40~CFR; Part 136 does not include a sampling or
analytical technique for the Pollutant in question, sampling and analysis shall be
performed in accordance with sampling and analytical procedures approved by the
Administrator of the U: S: EPA..
The frequency of rrtonitoring by the user shall be prescribed within the
indirect discharge permit. At a minimum, users shah sample their discharge at
least twice per year. If a user sampled and analyzed more frequently than what
'was required in its indirect 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.
7-720 MONITORING FACItITIES. each user shall provide and operate at the user's own
expense; a monitoring facility to allow inspection, sampling and flow measurement of each
sewer discharge to the City. Each monitoring facility shall be situated on the user's
premises. 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
SEWAGE PRE-TREATMENT ORDINANCL~ PAGE 't3
486
expense of-the user. When required by Federal or State regulations, such monitoring
facilities shall be provided at the end of a process or production unit from which regulated
toxic pollutants are discharged..
All monitoring facilities shall be constructed and .maintained in accordance with all
applicable construction standards and specifications. Construction shall be completed
within 120 days (or such longerperiod as may be allowed by the City) of receipt by the
user of the indirect discharge permit.
7-721 INSPECTION AND SAMPLING. The City, or its representatives, shall have the right
to enter the facilities or any user to ascertain whether the_purpose of this ordinance, and
any indirect discharge permit or order issued hereunder, is being met and whether the
user is complying will all requirements thereof. The user shall allow the City, or its
representatives, upon presentation of credentials of identification, to ,enter upon the
premises of the user at all reasonable hours, including -all hours of .operation or
discharging for the purposes of inspection, sampling or records examination. The City
shall: be given ready access to all parts of the premises for the purposes of inspection,
sampling, records examination and copying, arx! performance of any additional duties.
Where a user teas security measures in force which requires. property 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, city
pretreatment staff will be permitted to enter without delay for the purposes of performing
specific responsibilities.
The City shall have the right to set up on the user's property, or require installation
of, such devices as are necessary to conduct flow monitoring and sampling of the user's
operations.
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 City and shall not be replaced. The costs of clearing such access
shall be born by the user.
Unreasonable delays in allowing the City access to the- user's premises shall
constitute a violation of this ordinance.
7-722: CONFIDENTIAL INFORMATION. Information and data on a user obtained
from reports, surveys, indirect discharge permits, and monitoring programs, and from
POTW inspection and sampling activities, .shall be available to the public or other
governmental agency without restriction unless the. user specifically requests, and is able
to demonstrate to the satisfaction of the 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 that
the information furnished. be kept. confidential, the portions of a report which might disclose
trade 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 user furnishing. the information.: 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. Any such claim must be
asserted at the time of submission by clearly indicating the words "confidential business
information" on each page containing such- information.. If no claim is made at the time of
submission, all information will be available to the public.
7-723 ENFORCEMENT.
.01 mergencx Suspension of Service and Revocation of Indirect Discharge
Pe i . The City may, .after informal notice to the user in writing or in person
or by telephone, revoke the indirect discharge permit.and order the.
suspension of the wastewater treatment service to a user when it appears
to the City that an actual or threatened discharge (a) presents or threatens
an imminent or substantial danger to the health or welfare of persons or
substantial danger to the environment or (b}threatens to interfere with the
operation of the POTW: Any user notified of the. City's suspension order
shall immediately cease all discharges. In the event of failure of the user
to comply with the suspension order, the City may immediately take all
necessary steps to halt or prevent any further discharge by such user into
the POTW. The City shall have authority to physically .cap, block or seal
the user's sewer line (whether on public or private property) in order to
SEWAGE PRE-TREATMENT ORDINANCE PAGE 14
487
der this section. The City shall havo kine og seal ng of
terminate service un lisp the .capping, bl 9
upon the user's .property. to accomp
r line. The City shall reinstate th user o theeelim nta on of
the user severe roof. by the .
service upon clear, and convincing p the threat as set forth
the noncomplY~n9 discharge or condition creating
above. fail to report accurately the
e Pro ibi d u A user shall not (a) b fail to report
.02 t~ h to C and ~ c refuse
ter constituents and characteristics :o ~s oacha a c eri tics; ( )
wastewa
significant changes in wastewater consti uen re resentatives of the City or
ss to the user's premises by P, rovisions of the
reasonable acxe or (d) violate the p order of the
the purpose of inspection or monitoring;
ischarge pernnit, the provisions of thi k and o~ ~ of the remedies or
indmect d may see Y
City with respect thereto. The City termination of wastewater
rovided i~ this ordinance (including a ainst any user.who
penalties p ursue any
'treatment service. and. vvater selrvice termination) 9 k
~bitions. The City -may seek or P the
violates any of the foregoing Pro
:action or relief authorized in this Oc ionnas deemed appropriate,
remede, ora or permanent injun
issuance of a.temp rY ~ in accordance
for legal and/or equitable relief: nerally
Enforcement of pretreatment violatcoensT~e9Cety reserves the right,
with the Meridian Pretreatment O nst any user when the circumstances
however to take other action a9 veered to take more thaw obe ea en ement
warrant. Further, Meridian isempo
action against. any noncompliant user. These. actions m Y and/
Hance order, administrative fines, penalties,
concurrently. ;
Issuance of~a comp ainst, or prerequisite for,
or ceaseand desist order a n tlannoncomPlian a user. ver the City
taking any other action ag t en . Whene
.03 Noti i tion r Vi 1 ion -_.o,atedithe p ohihitions in Section 22tOC he they in
finds that any user has vi
shall., cause to be served upon such user a written n stating
the .City. ~ ~ed or registered mail,- return receipt requestedalso state
person or by certify
nature of the alleged violation or violations. The notice may
will seek against the user for
the the C ty
what: fine, penalty. or other remedy
such alleged. violation or violations. the user shall
Within 20 days of the date of receiptadv s ng of is Position with
ersonally or in writing to the Cyty - ortunity
respond p the user shall be given the opp
to the allegations. Thereafter, ents of the City to ascertain
respect to ees or ag
to meet with representatives, emp Y thereof, and to pay
cit of the allegations, to establish a pl~~o satisfactory
the vera Y reclusion of a r sought by the
correction of the violations and p enalty or remedy being
the fine or otherwise comply with the p
he violation or violations: Subm+ssionoocfcur yng before or after
Cyty fort violations Nothing in
relieves the user for liability for any Hance from the POTW~ action,
receipt of written notice of noncom of the POTW to take any
this section.. shall limit the authority .other enforcement action, without
including emergency actions or any
first issuing a Notice of violation.
e r' .Where the violation of Sectiora ive Adjustment
04 mho,,; ~a~ use H a yn~- h the Admynyst
time/ compliance throng order any user which
corrected by Y .
procedure set forth at Sectiono7- g coon 7-723 02 hereof to show eduse
suffers or permits a violation the propos
before the Sewer Superintendent or his designate why .should not
include service termination ersonal service
enforcement action (which may yn the
A written notice shalt be served on the nested specify 9
be taken.
or by certifyed or registered mail, return rechee Sewer Superintendent or his
time and place of a hearing to be held by the enforcement action
Hate regarding the violation, the reasons. why.. the user to
desig ro osed enforcement action and directinghe proposed
is to be taken, the p P erintendent or his designate why
.shown .cause before the Sup PAGE 15
-coon should not be taken:. The notice of the hearing shall e
enforcement a
- SEWAGE PRE-TREATMENT ORDINANCE
488
served no less than ten (10) days before the hearing. Service of the. notice
may be made on any agent, officer or authorized representative of a user.
The information and evidence presented at the hearing shall be considered
by the Superintendent or his designate, who shall then enter appropriate
findings of fact,, conclusions of law and orders with respect to the alleged
violations of the user. Appeal of such orders may be taken within 20 days
by the user to the City Council, which may grant a hearing to take additional
evidence or render its decision based upon the record of the Superintendents
proceedings.
A show cause hearing shall not be a bar against, or prerequisite for,
taking any other action against a noncompliance user.
.05 judicial Proceedings Following the entry of any final order by the ;City with
respect to the violation by the user under. this ordinance, the City may
commence an action for appropriate legal- and/or equitable relief in the Fourth
Judicial District, Ada County Court to enforce the penalty or remedy imposed
by the: City hereunder.
.06 Enforcement Actions -Annual Publication. The City shall publish annually
in the Valley News, a list of those users which during the previous 12 months
were in significant noncompliance with applicable pretreatment standards
or other .pretreatment requirements. The .term, significant noncompliance
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 asix-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%) or more of wastewater measurements
..taken during asix-month period equals or exceeds the product of the
daily maximum limit or the average limit multiplied by the applicable
...factor [1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other
pollutants except pH];
(c) Any other discharge violation that the POTW believes has caused
along or in combination with other discharges, interference, pass
through, or endangered the health and safety of POTW personnel
or the general public;
(d) Any discharge of pollutants that has caused `imminent endangerment
to the public or to the environment, or has resulted in the POTW's
excerise 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 an indirect 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 noncompliance; or
(h) Any other violation(s) which the .City determines will adversely affect
the operation or implementation of the POTW s pretreatment program
7-723a WARRANT
1. The Sewer Superintendent shall cause investigations to be made upon the
request of the City Council or upon receipt of information concerning an
alleged Violation of this chapter or of any rule, regulation, permit, or order
promulgated thereunder and may cause. to be made such other investigations
as he shall deem advisable.
2. -For the purpose of enforcing any provision of this chapter or any rule or
regulation authorized in this chapter, the Sewer Superintendent, or the
Sewer Superintendent's designee, shall. have the authority to:
a. Conduct a program for continuing surveillance and of regular or
SEWAGE PRE-TREATMENT ORDINANCE PAGE 16
489
periodic inspection of actual or potentiat.health hazards, water
pollution sources; noise sources, -and of solid waste disposal
sites;
b. Enter at all reasonable times. upon any private or public
properly upon presentation of appropriate credentials, for the purpose
of inspec#ion or investigation to ascertain possible violations of
this chapter or of rules, regulations, permits, or orders .adopted
-and promulgated by the-Sewer Superintendent or the City Council;
c. All inspections and investigations conducted under the authority
of'this chapter shall be performed in conformity with the prohibitions
against unreasonable searches.and seizures contained in the fourth
amendment to the constitution of the United States and Section 17,
Article I, of the Constitution of the State of Idaho. The City shall not
under the authority granted by this chapter; conduct warrantless
searches of private property in the absence of either consent from
the property owner or occupier or exigent circumstances such as a
public health`or environmental emergency;
d. The District Court of the Fourth Judicial District, Ada: County, Idaho
is authorized to issue a search warrant to the Sewer Superintendent
or his designee upon a showing of (i) probably cause to suspect a
violation or (ii) the existence of a reasonable program of inspection.
Any search warrant issued under the authority of this Ordinance shall
be limited in"-scope to the specific purposes for which it is issued
and shall state-with spec city the manner and the scope of the search
'authorized.... ,
7-724: P"ENALTIES. .
.Q1 C~yil Penalties. Any user who violates an order of the City, or who fails to
comply with (a) any provision of this .Ordinance or (b) any regulation, rule
or permit of the City issued pursuant to this Ordinance;.shall be liable to the
City for a civil penalty. The amount of such civil penalty shall be not more
than $1,000.00 per violation. Each'day-upon which a violation occurs or
continues shall constitute a separate violation.. In the case of a monthly
or other long-term average limit, penalties shall accrue for each day during
the period of the violation:
Such penalties may be recovered by judicial actions commenced by
the Cifiy" as provided in Section 7-723.05. In addition, the City may
commence an action to terminate the user's wastewater treatment service.
.02 Recovery of-Costs Incurred by the City: Any user who violates any of the
provisions of this ordinance or yvho discharges or causes a. discharge
producing a deposit of obstruction or causes,damage to or impairs the
City's wastewater disposal system shall be liable to the City for any expense,
- loss or damage caused `by such violation or discharge. The City shall
charge the user for the"~cost incurred by the City for. any monitoring,
surveillance, cleaning, repair or replacement work caused by the
violation or discharge, and for cosfis incurred by the City in investigating
the violation and in enforcing this ordinance: against the. user including
reasonable administrative costs; fees for testing, attorney fees, court
costs 'and elf expenses of litigation. Refusal to pay the assessed costs
shall constitute a violation of this Ordinance,. enforceable under the
provisions of Section 23 and 24 of his Ordinance.
.03 Falsifying Information: Any person who knowingly makes. any false
statement, representation or certification in any applicafiion, record, report
plan or other document filed or required to be maintained pursuant to
this ordinance; ow who falsifies, tampers with or knowingly renders
inaccurate any monitoring device or method required. under this ordinance
shall (in additFOn to ciVit and/or criminal penalties provided by State Law)
be guilty of a misdemeanor and shall be prosecuted and punished
accordingly.
.04 General Criminal Penalties Any user or person who knowingly violates
` any provision of this' ordinance shall be .guilty of a .misdemeanor and
shelf be prosecuted and punished accordingly.
SEWAGE PRE-TREATMENT ORDINANCE- - PAGE 17 "
490
7-725: AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS.
.01 Q e,~ rating Ua_ sets. Any user which experiences an upset in operations
which places the user in a temporary state of noncompliance with this
ordinance shall inform the City thereof within 24 hours of first awareness
of the commencement of the upset. Where such information is given
orally, a written follow-up report thereof shall be filed by the user with the
City within five (5) days. The report shall specify.
(a) Description of the upset, the cause thereof and the upset's impact
on the user's compliance status.
(b) Duration of noncompliance and, if the noncompliance continues
the time by which compliance is reasonably expected to occur.
(c) All steps taken or to be-taken to reduce, eliminate and prevent
recurrence of such an upset or other conditions of noncompliance.
An upset shall constitute an affirmative defense to an action brought
for noncompliance with applicable pre#reatment standards if the following
requirements are met:
The 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 the 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 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
noncompliance;
(b) The period. of noncompliance, including exact dates and times
or if not corrected, the anticipated time the. noncompliance
is expected to continue; and
(c) Steps being taken and/or planned to reduce, eliminate, and.
prevent recurrence of the noncompliance.
In any enforcement proceeding, the user-seeking to establish the
occurrence of an upset shall have the burden of proof.
Users will -have the opportunity for a judicial determination on any
claim of upset only in an enforcement action brought for noncompliance
with applicable pretreatment standards.
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.
.02 Prohibited Discharge Standards A user shall have an affirmative defense
to an enforcement action brought against it for noncompliance with the
prohibitions in Sections 4, 5, 6, and 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 interferences
and that either. (a) a 1oca1 limit exists for each pollutant discharged and the
user was incompliance 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 POTW was. regularly in compliance with its NPDES
permit, and in the case of interference, was in compliance with applicable
sludge use or disposal requirements.
.03 Bvpass Provision. Users may allow any bypass to occur which does not
cause applicable pretreatment standards or requirements to be violated
but only if it is also for essential maintenance to asswre efficient operation.
SEWAGE PRE-TREATMENT ORDINANCE: - PAGE 1$
491
These bypasses a>•e not subject to the following:
(a) If a user knows in advance of the need for a bypass, it shall submit
prior notice to the City, if possible at least ten (10) days before the
date of the bypass.
(b) A user shall. submit oral notice of an unanticipated bypass that
exceeds applicable pretreatment standards of the City within 24
hours from the time the user 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
description shall contain:
(1) Description of the bypass and its cause.
(2) Duration of the bypass, including the exact dates and times
and if the bypass has not been corrected, the anticipated.
time it is expected to continue.
(3) All steps taken or planned to reduce, eliminate and prevent
reoccurrence of the bypass.
(c) Bypass is prohibited, and the City may take enforcement action
against a user for a bypass unless:
(1) Bypass was unavoidable to prevent loss of life, personal
injury or severe property damage (see definition 8-14-)
(2) 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
down time. This condition is not satisfied if adequate back-
up equipment should have been installed in the exercise
of reasonable engineering judgement to prevent a bypass
which occurred during normal periods of equipment downtime
or preventive maintenance; and
(3) The user submitted notices as required under paragraph
(a) and (b) above.
The City may approve an anticipated bypass, after considering its
adverse effects, if the City determines that it will meet the three conditions
listed in paragraph (c) above.
7-726: RECORDS RETENTION. All users subject to this Ordinance shall retain and
preserve for no less than three (3) years, any records books, documents, memoranda,
reports, correspondence and any and all summaries thereof, relating to monitoring,
sampling and chemical analyses made by or in behalf of a user in connection with its
discharge. All records which pertain to matters which are the subject of Administrative
Adjustment or any other enforcement or litigation activities brought by the City pursuant
hereto shall be retained and preserved by the user until all enforcement activities have
concluded and all periods of limitation with respect to any and all appeals have expired.
7-727: $EVERABILITY. If any provision, paragraph, word, section or chapter of this
Ordinance is invalidated by any court of competent jurisdiction, the remaining provisions,
paragraphs, words, sections and chapters shall not be affected and shall continue in full
force and effect.
7-728: RIGHT OF REVISION. The City reserves the right to amend this ordinance
to provide for more stringent limitations or requirements on Discharges to the POTW
where deemed necessary to comply with the objectives set forth in Section 7-701 of this
Ordinance.
7-729: CONFLICT. All other ordinances and parts of other ordinances inconsistent
or conflicting with any part of this ordinance are hereby repealed to the extent of such
inconsistency or conflict.
SECTION 2: EFFECTIVE DATE: WHEREAS, there is an emergency therefore, which
emergency is hereby declared to exist, this Ordinance shall be in full force and effect from
and after its passage, approval and publication according to law.
PASSED AND APPROVED this 7th day of March, 1995.
SEWAGE PRE-TREATMENT ORDINANCE PAGE 19
492
CITY OF MERIDIAN
r
MA OR -GRANT P. ORD
ATTEST:
WILLIAM G. BERG, JR., 1 CLERK
~I
SEWAGE PRE-TREATMENT ORDINANCE PAGE 24
ORDINANCE NO. 04 7
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE VII, HEALTH AND
SANITATION, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF
MERIDIAN TO ADD A NEW CHAPTER TO BE KNOWN AS "CHAPTER 7, SEWER PRE-
TREATMENT" ADOPTING SECTIONS RELATED TO PURPOSE AND POLICY, PROGRAM
ADMINISTRATION, DEFINITIONS, PROHIBITED DISCHARGE STANDARDS,
PROHIBITIONS ON STORM DRAINAGE AND GROUND WATER, ACCEPTANCE OF
GROUND WATER FROM CLEANUP PROJECTS, SEPTAGE WASTE, ADDITIONAL
PRETREATMENT MEASURES, STATE REQUIREMENTS, ACCIDENTAL DISCHARGES,
FEES, INDIRECT DISCHARGE PERMIT, EXTRAJURISDICTIONAL INDIRECT
DISCHARGE, INDIRECT DISCHARGE PERMIT APPEALS, INDIRECT DISCHARGE
PERMIT MODIFICATIONS, INDIRECT DISCHARGE PERMIT REISSUANCE,
INDIRECT DISCHARGE PERMIT REVOCATION, USER REPORTING REQUIREMENTS,
INSPECTION AND SAMPLING, CONFIDENTIAL INFORMATION, ENFORCEMENT,
PENALTIES, AND AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is deemed to be in the best interest of the City
of Meridian and its citizens to adopt sewer pre-treatment ordinance
provisions to protect the health and safety of the citizens of the
City of Meridian.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF MERIDIAN, IDAHO:
Section 1. That Title VII, Chapter 7, of the Revised and
Compiled Ordinances of the City of Meridian, be, and the same is
hereby enacted to read as follows:
117-701: PURPOSE AND POLICY. This ordinance sets forth
uniform requirements for users of the Publicly Owned Treatment
Works (POTWs) and enables the City to protect public health
and the environment in conformity with all applicable local,
State and Federal laws relating thereto. Since this Ordinance
governs and relates to the health, welfare and safety of the
citizens of the City of Meridian and the users of the City of
Meridian Publicly Owned Treatment Works and system, these
provisions shall be applicable to all users, regardless of the
SEWAGE PRE-TREATMENT ORDINANCE Page 1
date, time or place their use commenced.
The objectives of this ordinance are:
A. To prevent the introduction of pollutants into the
POTW which will interfere with the normal operation
of the system or contaminate the resulting
municipal sludge;
B. To prevent the introduction of pollutants into the
POTW which do not receive adequate treatment and
which will pass through the system into receiving
waters or the atmosphere or otherwise be
incompatible with the system;
C. To improve the opportunity to recycle and reclaim
wastewater and sludge from the POTW; and
D. To protect the public using and the personnel
operating the POTW.
This Ordinance provides for the regulation of users of
the POTW through the enforcement of administrative
regulations. This Ordinance authorizes the issuance of
indirect 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 described herein. This Ordinance
does not provide for the recovery of operations, maintenance
or replacement costs of the POTW or the costs associated with
the construction of collection and treatment systems used by
Industrial Dischargers, in proportion to their use of the
POTW, which are the subject of separate enactments.
7-702: PRETREATMENT PROGRAM ADMINISTRATION. Except as
otherwise provided herein, the City's Public Works Director or
his designee shall administer, implement, and enforce the
provisions of this ordinance.
7-703: DEFINITIONS.
(a) Act - The Clean Water Act (33 U.S.C. 1251, et seq),
SEWAGE PRE-TREATMENT ORDINANCE Page 2
as amended.
(b) Applicable Pretreatment Standards - For any
specified pollutant, the discharge prohibitions
are: the City's specific limitations on discharge,
State standards, or the National Categorical
Pretreatment Standards, whichever standard is most
stringent.
(c) Bypass - The intentional diversion of wastestreams
from any portion of an user's treatment facility.
(d) Categorical Pretreatment 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.
(e) Categorical user - A user regulated by one or more
of EPA's Categorical Pretreatment Standards.
(f) Cooling Water/NonContact 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.
(g) Indirect Discharge - The discharge or the
introduction of nondomestic pollutants into a POTW
from a source regulated under Section 307 (b), (c)
or (d) of the Act.
(h) Industrial User - User - Any nonresidential user
with an indirect discharge of effluent into a POTW
by means of pipes, conduits, pumping stations,
force mains, constructed drainage ditches, surface
water intercepting ditches, and all constructed
devices and appliance appurtenant thereto. This
SEWAGE PRE-TREATMENT ORDINANCE Page 3
term includes Federal, State, and local facilities
as part of the regulated community, since such
entities are subject to Federal pretreatment
regulations.
(i) Industrial Waste - Solid, liquid or gaseous waste
resulting from any industrial, manufacturing,
trade, or business process or from the development,
recovery or processing of natural resources.
(j) 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 sludge processes, use or
disposal; or (3) is the cause of a violation of the
discharge permit (including an increase in the
magnitude or duration of a violation) 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 more commonly referred to as the Resource
Conservation and Recovery Act (RCRA) and including
State regulations contained in any State sludge
management plan prepared pursuant to Subtitle D of
the SWDA, the Clean Air Act, and the Toxic
Substances Control Act.
(k) Minor Industrial User (MIU) - A nonresidential user
with an indirect discharge to the POTW which does
not meet the criteria as a significant industrial
user or a singnificant connecting user, but whose
operation and discharge may warrant inspection to
ensure compliance with discharge prohibitions,
SEWAGE PRE-TREATMENT ORDINANCE Page 4
pretreatment facility operation, spill prevention
measures, and pollution prevention assitance.
(1) New Source - 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, and such building,
structure, facility or installation:
(1) is constructed at a site at which no other
source is located, or
(2) totally replaces the process or production
equipment that causes the discharge of
pollutants at an existing source, or
(3) is constructed for production or wastewater
generating processes which are substantially
independent of an existing source at the same
site, substantial independence being
determined by factors such as: (a) the extent
to which the new facility is integrated with
the existing plant, and (b) the extent to
which the new facility is engaged in the same
general type of activity as the existing
source.
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 paragraphs (2) or (3)
above, but otherwise alters, replaces or adds to
existing process or production equipment.
For purposes of this definition, construction is
SEWAGE PRE-TREATMENT ORDINANCE
Page 5
Nw,
deemed to commence when:
(A) the owner or operator of the facility has
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 herein; or when
(B) the following are begun as part of a
continuous on -site construction:
[1] any placement, assembly or
installation of facilities or equipment,
or
[2] 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.
(m) NPDES - National Pollutant Discharge Elimination
System permit program as administered by the USEPA
or State.
(n) Other Wastes - Decayed wood, sawdust, shavings,
bark, lime, refuse, ashes, garbage, offal, oil,
tar, chemicals and all other substances except
sewage and industrial wastes.
(o) Pass Through - The occurrence of an Indirect
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
SEWAGE PRE-TREATMENT ORDINANCE
Page 6
violation of any requirement of the POTW's NPDES
permit (including an increase in the magnitude or
duration of a violation).
(p) POTW - Any sewage treatment works owned and
operated by the City and the sewers and conveyance
appurtenances discharging thereto, whether or not
owned by the City. The term also means Meridian
City Sewage Works since the U.S. Environmental
Protection Agency issues the NPDES permits to
Meridian City.
(q) Pollutant - Any substance discharged into a POTW or
its collection system which is prohibited or
limited by Sections 4.01, 4.02, and Sections 5, 6,
and 7 herein. This term includes dredged spoil,
solid waste, incinerator residue, sewage, garbage,
sewage sludge, munitions, chemical wastes,
biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand, cellar
dirt and industrial, municipal and agricultural
wastes.
(r) Pretreatment - The reduction of the amounts of
pollutants, the elimination of pollutants or the
alteration of the nature of pollutant properties in
wastewater to a less harmful state prior to or in
lieu of discharging or otherwise introducing such
pollutants into a POTW.
(s) Pretreatment Requirement - Any substantive or
procedural requirement related to pretreatment,
other than a Categorical Pretreatment Standard,
imposed on an industrial user.
(t) Severe Property Damage - Substantial physical
damage to property, damage to the treatment
facilities which causes them to become inoperable,
or substantial and permanent loss of natural
SEWAGE PRE-TREATMENT ORDINANCE Page 7
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.
(u) Sewage - Water -carried human wastes or a
combination of water -carried wastes from
residences, business buildings, institutions and
industrial establishments.
(v) Sewer - Any pipe, conduit, ditch or other device
used to collect and transport sewage from the
generating source.
(w) Shall - Is mandatory.
(x) Significant Connecting User (SCU) - All private,
public, or quasi -public reservation, compound,
district, government installation, industrial,
commercial, or domestic complex which indirectly
discharges to the POTW at single or multiple
connection points to the City's sewer collection
system. Upon determination by the Sewer
Superintendant that an SCU, as a result of the
discharge of toxic pollutants or high strength
sewage as measured by BOD and TSS, causes or has
the potential to cause interference with the
operation and maintenance of the POTW, including
its wastewater collection system, causes or has the
potential to cause pass through of pollutants to
the receiving waters, or causes or has the
potential to cause interference with the treatment,
disposal or beneficial reuse of the POTW's sludge,
or that contributes greater than 5% of the total
flow entering the POTW, the City may issue an
Indirect Discharge Permit to the SCU. Issuance of
an indirect discharge permit may not be necessary
if the SCU is regulated by an EPA -approved
SEWAGE PRE-TREATMENT ORDINANCE
Page 8
pretreatment program.
(y) Significant Industrial User (SIU) - Any industrial
users of the POTW:
(1) subject to Categorical Pretreatment Standards
promulgated under 40 CFR 403.6 and 40 CFR
Chapter I, Subchapter, and
(2) any other industrial user that: discharges an
average of 25,000 gpd or more of process
wastewater to the POTW (excluding sanitary,
noncontact cooling, and boiler blowdown
wastewater); contributes a process wastestream
which makes up five percent (50) or more of
the average dry weather hydraulic or organic
capacity to the treatment facility receiving
the waste; or is designated as such by the
City as defined in 40 CFR 403.12(a) on the
basis that the industrial user has a
reasonable potential, either singly or in
combination with other contributing
industries, for adversely affecting the POTW's
wastewater collection and treatment system,
the quality of sludge, the system's effluent
quality, or air emissions generated by the
system or for violating any pretreatment
standard or requirement.
(3) Upon the subsequent finding that a user, which
had met the above criteria, no longer has
reasonable potential for adversely affecting
the POTW's operation or for violating any
applicable pretreatment standard or
requirement, the POTW may at any time, on its
own initiative or in response to a written
request from the user [and in accordance with
procedures in 40 CFR §403.8 (f)(6)] may
SEWAGE PRE-TREATMENT ORDINANCE
Page 9
determine that such user should not be
considered a Significant Industrial User.
(z) Slugload - Any discharge at a flow rate or
concentration which could cause a violation of the
discharge standards in Sections 4.01, 4.02, and
Sections 5, 6, and 7 of this Chapter or any
discharge of a nonroutine, episodic nature,
including but not limited to, an accidental spill
or a noncustomary batch discharge.
(aa) Toxic Pollutants - Pollutants or combination of
pollutants listed as toxic in regulations
promulgated by the Administrator of the
Environmental Protection Agency under Section 307
(33 U.S.C. 1317) of the Act.
(ab) Upset - An exceptional incident in which a user
unintentionally and temporarily is in a state of
noncompliance with the standards set forth in
Sections 4.01, 4.02, and Sections 5, 6, 7, and 8
herein due to factors beyond the reasonable control
of the user, and excluding noncompliance to the
extent caused by operational error, improperly
designed treatment facilities, inadequate treatment
facilities, lack of preventive maintenance, or
careless or improper operation thereof.
(ac) User - See Industrial User.
(ad) Wastewater - Industrial waste, or sewage or any
other waste including that which may be combined
with any ground water, surface water or storm
water, that may be discharged to the POTW.
7-704: PROHIBITED DISCHARGE STANDARDS.
1. 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
SEWAGE PRE-TREATMENT ORDINANCE
Page 10
all users of the POTW whether or not they are
subject to categorical pretreatment standards or
any other Federal, State, or local pretreatment
standards or requirements.
2. Specific Prohibitions No user shall contribute
or cause to be discharged, directly or indirectly,
any of the following described substances into the
wastewater collection system or treatment
facilities:
(a) Any wastewater having a pH less than five (5)
or greater than 9.0 or having any other
corrosive property capable of causing damage
or hazard to structures, equipment or
personnel of the system.
(b) Any toxic pollutants in sufficient quantity,
either singly or by combined interaction to
injure or interfere with any wastewater
treatment process, constitute a hazard to
humans or animals or to exceed the limitation
set forth in National Categorical Pretreatment
Standards.
(c) Any liquids, solids or gases which by reason
of their nature or quantity are, or may be
sufficient either alone or by interaction with
other substances to cause fire or explosion or
be injurious in another way to the POTW or to
the operation of the POTW. At no time shall
two successive readings on an explosion hazard
meter, at the point of discharge into the
system (or at any point in the system), be
more than five percent (5%) nor any single
reading over ten percent (10%) of the Lower
Explosive Limit (LEL) of the meter.
Prohibited materials include, but are not
SEWAGE PRE-TREATMENT ORDINANCE
Page 11
limited to gasoline, kerosene, naphtha,
benzene, toluene, xylene, ethers, alcohols,
ketones, aldehydes, peroxides, chlorates,
perchlorates, bromates, carbides, hydrides,
sulfides and any other substances which the
POTW deems to be a fire hazard or a hazard to
the system.
(d) 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.
(e) Any solid or viscous substances which will or
may cause obstruction to the flow in a sewer
or other interference with the operation of
the wastewater system, such as, but not
limited to: grease, garbage with particles
greater than one-half (1/2) inch in any
dimension, animal guts or tissues, paunch
manure, bones, hair, hides, or fleshings,
entrails, whole blood feathers, ashes,
cinders, sand, spent lime stone or marble
dust, metal, glass, straw, shavings, grass
clippings, rags, spent grains, spent hops,
waste paper, wood, plastics, gas, tar, asphalt
residues, and residues from refining, or
processing of fuel or lubricating oil, mud or
glass grinding or polishing wastes.
(f) Petroleum oil, nonbiodegradable cutting oil,
or products of mineral oil origin, in amounts
that will cause interference or pass through.
(g) Any noxious or malodorous liquid, gases or
solids which either singly or by interaction
are capable of creating a public nuisance or
SEWAGE PRE-TREATMENT ORDINANCE
Page 12
hazard to life or are sufficient to prevent
entry into the sewers for their maintenance
and repair.
(h) 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.
(i) Any substance which may cause the POTW's
effluent or treatment residues, sludges or
scums to be unsuitable for reclamation and
reuse or to interfere with the reclamation
process. In no case, shall a substance
discharged to the POTW cause the POTW to be in
noncompliance with sludge use or disposal
criteria, guidelines or regulations developed
under Section 405 of the Act; any criteria,
guidelines or regulations affecting sludge use
or disposal developed pursuant to the Solid
Waste Disposal Act, the Clean Air Act, the
Toxic Substances Control Act or State
standards applicable to the sludge management
method being used.
(j) Any substance which will cause the POTW to
violate its NPDES and/or other disposal system
permits.
(k) Any substance with objectionable color not
removed in the treatment process, such as, but
not limited to, dye wastes and vegetable
tanning solutions.
(1) Any wastewater having a temperature which will
inhibit biological activity in the POTW
treatment plant resulting in interference; but
in no case, wastewater with a temperature at
the introduction into the POTW Treatment Plant
SEWAGE PRE-TREATMENT ORDINANCE
Page 13
which exceeds 40°C (104'F). If, in the opinion
of the City, lower temperatures of such wastes
could harm either the sewers, sewage treatment
process or equipment; have an adverse effect
on the receiving streams or otherwise endanger
life, health or property; or constitute a
nuisance, the City may prohibit such
discharges.
(m) Any unpolluted water in excess of 2,000
gallons per day including, but not limited to
noncontact cooling water. See Section 4.04
Prohibitions on Unpolluted Waters.
(n) Any wastewater at a flow rate and/or
Pollutant discharge rate which is excessive
over a relatively short time period so that
there is a treatment process upset and
subsequent loss of treatment efficiency.
(o) Any wastewater containing any radioactive
wastes or isotopes of such halflife or
concentration as exceed limits established by
the City in compliance with applicable State
or Federal regulations.
(p) Any wastewater which causes a hazard to human
life or creates a public nuisance.
Pollutants, substances, or wastewater prohibited by
this section shall not be processed or stored in
such a manner that could result in their discharge
to the POTW.
3. Prohibitions on Storm Drainage and Ground Water.
Storm water, ground water, rain water, street
drainage, subsurface drainage or yard drainage
shall not be discharged through direct or indirect
connections to the wastewater collection system
unless a permit is issued by the POTW. The POTW
SEWAGE PRE-TREATMENT ORDINANCE
Page 14
may approve the discharge of such water only when
no reasonable alternative method of disposal and/or
treatment is available.
If a permit is granted for the discharge of
such waters into the sewer, the user shall pay the
applicable charges and fees and meet such other
conditions as required by the POTW.
4. Prohibitions on Unpolluted Water. Unpolluted
water, including, but not limited to cooling
water, process water or blowdown from cooling
towers or evaporative coolers shall not be
discharged through direct: or indirect connection to
the sewer unless a permit is issued by the POTW.
The POTW may approve the discharge of such water
only when no reasonable alternative method of
disposal and/or treatment is available.
If a permit is granted for the discharge of
such waters into the sewer, the user shall pay the
applicable charges and fees and meet such other
conditions as required by the POTW.
5. Limitations on Point of Discharge. No person shall
discharge any substances directly into a manhole or
other opening into the sewer other than through an
approved building sewer connection unless a permit
has been issued by the POTW. If a permit is
granted for the discharge of such waters into the
sewer, the user shall pay the applicable charges
and fees and meet such other conditions as required
by the POTW.
6. Septage Waste No person shall discharge any
septage waste into the sewer. Septage Haulers who
comply with the licensing requirements presented in
[Title 5, Chapter 21 of Boise City Code] may
deposit their septage at the site designated by
SEWAGE PRE-TREATMENT ORDINANCE
Page 15
Meridian City as a receiving facility.
7. Acceptance of Ground Water from Cleanup Projects
Wastewater generated from the cleanup of spills,
leaking underground storage tanks, monitoring wells
or other similar sources shall not be discharged
through direct or indirect connections to the sewer
unless a permit is issued by the POTW. The POTW
may approve the discharge of such water only when
no reasonable alternative method of disposal and/or
treatment is available. If a permit is granted for
the discharge of such waters into the sewer, the
user shall pay the applicable charges and fees and
meet such other conditions as required by the POTW.
Each temporary discharge permit must be reviewed
and reissued if the user wishes to discharge past
the original expiration date.
8. Additional Pretreatment Measures. Whenever deemed
necessary, the Pretreatment Coordinator may require
users to restrict their discharge during peak flow
periods, designate that certain wastewaters 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 to determine the user's
compliance with the requirements of this ordinance.
Grease, oil, and sand interceptors shall be
provided when 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 a type
and capacity approved by the appropriate Building
Department having authority and shall be so located
SEWAGE PRE-TREATMENT ORDINANCE
Page 16
to be easily accessible for cleaning and
inspection. Such interceptors shall be inspected,
cleaned, and repaired regularly, as needed, by the
user and at their expense.
7-705 NATIONAL CATEGORICAL PRETREATMENT STANDARDS.
National Categorical Pretreatment Standards as promulgated by
the U.S. Environmental Protection Agency (EPA) pursuant to the
Act and found in 40 CFR Chapter I, Subchapter N, Parts 405 -
471 are hereby incorporated and shall be enforceable by this
ordinance.
7-706 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(s).
7-707 LOCAL LIMITS. In addition to National Categorical
Pretreatment Standards referenced in Section 7-705 of this
ordinance, no user shall discharge wastewater containing
concentrations (and/or mass limitations) of substances
exceeding the following local limits:
Parameter
Arsenic
Cadmium
Chromium (total)
Copper
Cyanide (total)
Iron
Lead
Mercury
Nickel
Silver
Zinc
TOTAL ORGANICS (TTO)
SEWAGE PRE-TREATMENT ORDINANCE
Maximum Daily
Concentration (mg/1)
0.25
0.11
2.77
3.38
1.20
1.50
0.69
0.50
3.98
0.43
2.61
2.13 **
Page 17
* NON METAL FINISHING STANDARDS
** SEE LIST OF ORGANIC CHEMICALS INCLUDED IN
TOTAL TOXIS ORGANICS (TTO) REGULATED UNDER
ELECTROPLATING AND METAL FINISHING CATEGORIES
MAINTAINED AT THE MERIDIAN SEWER PLANT
Wherever a user is subject to both a National Categorical
Pretreatment Standard and a local limit for a given pollutant,
the more stringent limit or pretreatment standard shall apply.
7-707a DEADLINE FOR COMPLIANCE WITH APPLICABLE PRETREATMENT
REQUIREMENTS. Compliance by existing 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. Meridian City
shall establish a final compliance deadline date for any
existing user not covered by Categorical Pretreatment
Standards or for any categorical user when local limits for
said user are more restrictive than EPA's Categorical
Pretreatment Standards.
New source dischargers 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 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 indirect 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 noncompliance
with any local limits, shall be provided with a compliance
schedule placed in an indirect discharge permit to ensure
compliance within the shortest time feasible.
7-708 DILUTION. No user shall increase the use of potable
or process water or, in any other way, attempt to dilute a
SEWAGE PRE-TREATMENT ORDINANCE
Page 18
discharge as a partial or complete substitute for adequate
treatment to achieve compliance with the local limits or the
National Pretreatment Standards. The City may impose mass
limitations on users which are using dilutions to meet the
pretreatment standards or requirements of the ordinance, or in
other cases where the imposition of mass limitations is deemed
appropriate by the City.
7-709 ACCIDENTAL DISCHARGES. Each user shall provide
protection from the accidental discharge of prohibited or
regulated materials or substances established by this
ordinance. Where deemed necessary by the City, facilities to
prevent accidental discharge of prohibited materials shall be
provided and maintained at the user's cost and expense. An
Accidental Spill Prevention Plan (ASPP) showing facilities and
operating procedures to provide this protection shall be
submitted to the City for review and approval before
construction of the facility or implementation of procedures.
Each existing user shall complete and submit its ASPP within
60 days after notification by the City.
Each user shall implement its ASPP as submitted after
such ASPP has been reviewed and approved by the City. Review
and approval of such plans and operating procedures by the
City shall not relieve the user from the responsibility to
modify its facility as necessary to meet the requirements of
this ordinance.
Any user required to develop and implement an ASPP shall
submit a plan which addresses, at a minimum, the following
elements:
(1) Description of discharge practices, including
nonroutine 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
SEWAGE PRE-TREATMENT ORDINANCE
Page 19
which would violate any of the standards in
Sections 4.01, 4.02, Section 5, and Section 6 of
this Chapter; 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.
Users shall notify the City wastewater treatment plant
immediately upon the occurrence of the "slugload", or
accidental discharge of substances prohibited by this
ordinance. The notification shall include location of
discharge, date and time thereof, type of waste, concentration
and volume, and corrective actions. Any user who discharges
a slugload of prohibited materials 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.
7-710 PRETREATMENT FACILITIES. Users shall provide
necessary wastewater pretreatment as required to comply with
this ordinance and shall achieve compliance with all
applicable pretreatment standards within the time limitations
as specified by appropriate statutes, regulations and
ordinances. Any facilities required to pretreat wastewater to
a level acceptable to the City shall be provided, properly
operated and maintained at the user's expense. Detailed plans
showing the pretreatment facilities shall be submitted to the
City for review and must be acceptable to the City before
construction of the facility. The review of such plans shall
SEWAGE PRE-TREATMENT ORDINANCE Page 20
in no way relieve the Discharger from the responsibility of
modifying its facility or operations as necessary to produce
an effluent acceptable to the City under the provisions of
this ordinance. Within a reasonable time after the completion
of the wastewater pretreatment facility, the user shall
furnish its operations and maintenance procedures for the City
to review. Any subsequent significant changes in the
pretreatment facilities or method of operation shall be
reported to and be accepted by the City prior to the user's
initiation of the changes.
7-711 FEES.
.01 Purpose. It is the purpose of this chapter to
provide for the payment of fees from users to the
City's wastewater disposal system to compensate the
City for their costs associated with monitoring,
inspection, surveillance and laboratory analysis
required by the Federal pretreatment program.
.02 Charges and Fees If costs are incurred beyond
normal operation through involvement with
noncomplying users, the City Public Works
Department will charge the noncomplying user for
monitoring, laboratory analyses, inspections and
surveillance as required by Federal pretreatment
requirements and this ordinance.
7-712 WASTEWATER DISCHARGES. It shall be unlawful to
discharge sewage, industrial wastes or other wastes to any
sewer within the jurisdiction of the City, and/or to the POTW,
without having first complied with the terms of this
ordinance, or without having first obtained the City's
approval of a compliance schedule submitted by the user.
7-713 WASTEWATER DISCHARGE DATA DISCLOSURE.
.01 General Disclosure. All Significant Industrial
and Connecting Users proposing to connect to or to
discharge sewage, industrial wastes and other
SEWAGE PRE-TREATMENT ORDINANCE
Page 21
wastes to the POTW shall comply with all terms of
this ordinance.
.02 Disclosure Forms. Significant Industrial and
Connecting Users shall complete and file with the
City a Data Disclosure Form prescribed by the City.
Existing Significant Industrial and Connecting
Users shall file Data Disclosure Forms within 60
days after notification by the City, and users
shall file a Data Disclosure Form a minimum of 30
days before connecting to the POTW. This Data
Disclosure Form satisfies the requirement of the
user Baseline Monitoring Report as described in 40
CFR 403.12(b). The disclosure to be made by the
user shall be made on written forms provided by the
City and shall include:
(a) Disclosure of name, address and location of
the user.
(b) Disclosure of Standard Industrial
Classification (SIC) number according to the
Standard Industrial Classification Manual,
Bureau of the Budget, 1972, as amended.
(c) Disclosure of wastewater constituents and
characteristics including but not limited to
those mentioned in this ordinance, as
appropriate, as determined by bonafide
chemical and biological analyses. Sampling
and analysis shall be performed in accordance
with procedures established by the U.S. EPA
and contained in 40 CFR, Part 136, as amended.
(d) Disclosure of time and duration of discharges,
including copies of flow charts.
(e) Disclosure of average daily and maximum daily
waste- water flow rates, in gallons per day,
including daily, monthly and seasonal
SEWAGE PRE-TREATMENT ORDINANCE
Page 22
variations, if any. All flows shall be
measured unless other verifiable techniques
are approved by the City due to cost or
nonfeasibility.
(f) Disclosure of site plans, floor plans,
plumbing plans and details to show all sewers,
sewer connections, inspection manholes,
sampling chambers and appurtenances by size
and location.
(g) Description of activities, facilities and
plant processes on the premises including all
materials which are or may be discharged to
the sewers or works of the City and a brief
description of the nature, average rate of
production and Standard Industrial
Classification of the operations.
(h) A statement regarding whether or not
compliance is being achieved with this
ordinance on a consistent basis and if not,
whether additional pretreatment is required
for the user to comply with this ordinance.
(i) Where additional pretreatment and/or operation
and maintenance activities will be required to
comply with this ordinance, the user shall
provide a compliance schedule consisting of a
declaration of the shortest schedule by which
the user will provide such additional
pretreatment and/or implementation of
additional operational and maintenance
activities.
(1) The schedule will contain milestone dates
for the commencement and completion of
major events leading to the construction
and operation of additional pretreatment
SEWAGE PRE-TREATMENT ORDINANCE
Page 23
required for the user to comply with the
requirements of this ordinance. Examples
of such milestone dates which the user
may select include hiring an engineer,
completing preliminary plans, executing
contract for major components, commencing
construction, completing construction and
other acts which may be necessary to
achieve compliance with this ordinance.
(2) Under no circumstance shall the City
permit a time increment of any single
step directed toward compliance which
exceeds nine (9) months.
(3) Not later than 14 days following each
milestone date in the schedule and the
final date for compliance, the user shall
submit a progress report to the City,
including no less than a statement as to
whether or not it complied with the
increment of progress represented by that
milestone 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
approved schedule.
(j) All Data Disclosure Forms shall be signed by
an authorized representative of the user as
defined by 40 CFR 403.12(1), and when required
by the City, a registered professional
engineer.
(k) Each product produced by type, amount, process
or processes and rate of production.
(1) Type and amount of raw materials used,
SEWAGE PRE-TREATMENT ORDINANCE
Page 24
including chemicals used in process which may
be discharged to sanitary system (average
daily and maximum daily).
(m) List of environmental control permits held by
or for the facility.
The City will evaluate the completeness of the
Data Disclosure Form furnished by the user and may
require additional information. The City may
require inspection and sampling manholes and/or
flow measuring or recording and sampling equipment
to assure compliance with this ordinance. Within
30 days, after full evaluation and acceptance of
the data furnished, the City shall notify the user
of the City's acceptance through the issuance of an
Indirect Discharge permit, or rejection thereof.
Incomplete or inaccurate applications will not be
processed and will be promptly returned to the user
with an explanation of necessary revisions. Any
schedules or timetables submitted by the user shall
be subject to review and approval by the City.
7-714 INDIRECT DISCHARGE PERMIT. No Significant
Industrial User shall discharge wastewater into the POTW
without first obtaining an indirect discharge permit.
Significant Connecting Users may require an indirect discharge
permit in order to discharge wastewater into the POTW. Any
violation of the terms and conditions of an indirect discharge
permit shall be deemed a violation of this ordinance and
subjects the user or permittee to the sanctions set out in
this ordinance. Obtaining an indirect 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 laws.
The City shall issue to each Significant Industrial User
and to certain Significant Connecting Users an Indirect
SEWAGE PRE-TREATMENT ORDINANCE Page 25
Discharge permit, which will be based on information in the
Data Disclosure Form and include:
(a) Any fees and charges to be paid upon initial
issuance.
(b) Limits on the average and maximum wastewater
Pollutant concentrations, loadings or
characteristics.
(c) Limits on average and maximum rate and time of
discharge or requirements for flow regulations and
equalization.
(d) Self -monitoring requirements including flow
monitoring frequency and method, sampling
frequencies, number, types and standards for tests.
(e) Authorized points of discharge and regulated
processes.
(f) Requirements for installation and maintenance of
inspection and sampling facilities.
(g) Compliance schedules.
(h) Special conditions as the City may reasonably
require, such as sampling locations or
circumstances of a given discharge.
(i) Reporting requirements including, but not limited
to, notification of accidental spills,
noncompliance, and discharge/process changes.
(j) Requirements for submission of special technical
reports or discharge reports where same differs
from those prescribed by this ordinance.
(k) Any special agreements the City chooses to continue
or develop between the City and SID.
(1) Standard conditions as apply to all Significant
Industrial Users and certain Significant Connecting
Users.
Permits shall be issued for perpetual duration, subject
to amendment of revocations provided in this ordinance. Under
SEWAGE PRE-TREATMENT ORDINANCE
Page 26
extraordinary circumstances, it may be issued for a stated
period or may be stated to expire on a specific date.
Indirect Discharge permits shall be issued for a specific time
period, not to exceed five (5) years. Each permit shall
indicate an effective date and an expiration date.
Indirect discharge permits are issued to a specific user
for a specific operation and are not assignable to another
user without prior written approval of the City or
transferable to any other location. Indirect discharge
permits shall be voidable upon cessation of operations or
transfer of business ownership. The indirect discharge permit
issued to a particular user is void upon the issuance of a new
indirect discharge permit to that user.
7-715 INDIRECT DISCHARGE PERMIT - EXTRAJURISDICTIONAL
USERS. Any existing Significant Connecting user located
beyond the City limits required to obtain an indirect
discharge permit shall submit a permit application as outlined
in Section 7-713 and 7-714. New Significant Connecting User
located beyond City limits required to obtain an indirect
discharge permit shall also comply with Section 7-713 and 7-7-
716. Issuance of an indirect discharge permit may not be
necessary if the SCU is regulated by an EPA -approved
pretreatment program.
7-716: INDIRECT DISCHARGE PERMIT APPEALS. Users will be
provided with a draft permit for their review and comment
prior to permit issuance. Any person, including the user, may
petition the POTW to reconsider the terms of an indirect
discharge permit as follows: within 20 days of the permits
issuance.
A. The written petition must be filed with the
Meridian Sewer Department within twenty (20) days
of the permit's issuance. Failure to submit a
timely petition for reconsideration shall be deemed
a waiver of the right to appeal.
SEWAGE PRE-TREATMENT ORDINANCE
Page 27
B. In its petition, the appealing party must indicate
the specific permit conditions objected to, the
reasons for this objection, and shall present
alternative conditions to meet the intent of this
ordinance.
C. The effectiveness of the permit shall not be stayed
pending the appeal.
D. The Meridian Sewer Superintendant or his designee
shall provide written action to the appealing party
within ten (10) working days from the date the
appeal was filed. If the Sewer Superintendant or
his designee shall fail to respond within ten (10)
working days, the petition for reconsideration
shall be deemed denied.
E. Decisions of the Meridian Sewer Superintendant or
his designee regarding the petition for
reconsideration may be appealed to the Meridian
Board of Sewer Appraisers by filing a written
request for appeal with the City Engineer within
fifteen (15) days of the decision of the Sewer
Superintendant or his designee. The Meridian Board
of Sewer Appraisers shall address the appeal at its
next scheduled meeting. The appealing party may
appear and present evidence and testimony at such
meeting. The decision of the Board of Sewer
Appraisers regarding the petition shall be in
writing.
F. The decision of the Board of Sewer Appraisers may
be appealed to the Meridian City Council by filing
a notice requesting appeal with the Meridian City
Clerk's office within fifteen (15) days of receipt
of the written decision.
7-716a: INDIRECT DISCHARGE PERMIT MODIFICATIONS. The terms
and conditions of an indirect discharge permit may be subject
SEWAGE PRE-TREATMENT ORDINANCE
Page 28
to modification by the Sewer Superintendant at any time as
limitations or requirements are modified or other just cause
exists. Any permit modifications which result in new
conditions shall include a reasonable time schedule for
compliance as determined by the Sewer Superintendant. Other
reasons for modification include, but are 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
since the time of permit issuance or the last
modification;
C. A change in the POTW that requires either a
temporary or permanent reduction or elimination of
the authorized discharge;
D. To incorporate special conditions resulting from
the issuance of a special order or an enforcement
action; or
E. To correct typographical or other errors in the
indirect discharge permit.
7-717 INDIRECT DISCHARGE PERMIT REISSUANCE. A user,
required to a have an indirect discharge permit, shall submit
a written request for permit renewal at least 60 days prior to
permit expiration. The POTW shall then provide the user with
the necessary renewal forms and instructions. A user, whose
existing indirect discharge permit has expired and has
submitted its renewal application request within the specified
time period, shall be deemed to have an effective indirect
discharge permit until the POTW issues or denies a new
indirect discharge permit. A user, whose existing indirect
discharge permit has expired and who failed to submit its
renewal application request within the specified time period,
shall be deemed to be discharging without an indirect
SEWAGE PRE-TREATMENT ORDINANCE Page 29
discharge permit.
7-717a INDIRECT DISCHARGE PERMIT REVOCATION. Indirect
discharge permits may be revoked for, but not limited to, the
following reasons:
A. Misrepresentation or failure to fully disclose all
relevant facts in the data disclosure form or
subsequent permit renewal submittals;
B. Falsifying self -monitoring reports;
C. Tampering with monitoring equipment;
D. Failure to meet discharge limitations;
E. Failure to pay fines;
F. Failure to meet compliance schedules;
G. If the City has to invoke its emergency provisions;
H. Violation of any pretreatment standard or
requirement, or any terms of an indirect discharge
permit or this ordinance.
7-718 STANDARDS MODIFICATIONS. All National Categorical
Pretreatment Standards adopted by the U.S. EPA after the
promulgation of this ordinance shall be enforceable by the
City through this ordinance. Where a user, subject to a
National Categorical Pretreatment Standard, has not previously
submitted a Data Disclosure Form as required by Section 7-713,
the user shall file a Data Disclosure Form with the City
within 180 days after the promulgation of the applicable
National Categorical Pretreatment Standard by the U.S. EPA.
In addition, any user operating on the basis of a previous
filing of a disclosure statement, shall submit to the City
within 180 days after the promulgation of an applicable
National Categorical Pretreatment Standard, the additional
information required by paragraphs (c) , ( h ) and ( i ) of Section
7-713.02. If deemed necessary by the City, where National
Categorical Pretreatment Standards are more stringent, the
indirect discharge permit will be modified. The user shall be
informed of any proposed changes in the Ordinance at least 30
SEWAGE PRE-TREATMENT ORDINANCE
Page 30
days prior to the effective date of change. Any changes or
new conditions in the Ordinance shall include a reasonable
time schedule for compliance.
7-719: USER REPORTING REQUIREMENTS.
.01 Final Compliance Report Within 90 days following
the date for final compliance by the user with
applicable pretreatment standards and requirements
set forth in this ordinance or an indirect
discharge permit, or within 90 days after
commencement of the introduction of wastewater into
the POTW by a new user, any user subject to this
ordinance shall submit to the City a report
indicating the nature and concentration of all
prohibited or regulated substances contained in its
discharge, and the average and maximum daily flow
in gallons. The report shall state whether the
applicable pretreatment standards or requirements
are being met on a consistent basis and, if not,
what additional operation, maintenance, and/or
pretreatment is necessary to bring the user into
compliance with the applicable pretreatment
standards or requirements. This statement shall be
signed by an authorized representative of the user,
as defined by 40 CFR 403.12(1).
.02 Periodic Compliance Reports
(1) Any user subject to a pretreatment standard
set forth in this ordinance, after the
compliance date of such pretreatment standard,
or, in the case of a new user, after
commencement of the discharge to the POTW,
shall submit to the City at 6-month intervals
as prescribed in the indirect discharge
permit, unless required more frequently by the
City, a report indicating the nature and
SEWAGE PRE-TREATMENT ORDINANCE Page 31
,..
concentration, of prohibited or regulated
substances in the effluent which are limited
by the pretreatment standards hereof. In
addition, this report shall include a record
of all measured or estimated average and
maximum daily flows during the reporting
period. Flows shall be reported on the basis
of actual measurement, provided however, where
cost or feasibility considerations justify,
the City may accept reports of average and
maximum flows estimated by verifiable
techniques.
(2) Reports of users shall contain all results of
sampling and analysis of the discharge,
including the flow and the nature and
concentration, or production and mass where
required by the City. 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.
All analyses shall be performed in accordance with
40 CFR, Part 136 and amendments thereto. Where 40 CFR,
Part 136 does not include a sampling or analytical
technique for the Pollutant in question, sampling and
analysis shall be performed in accordance with sampling
and analytical procedures approved by the Administrator
of the U.S. EPA.
The frequency of monitoring by the user shall be
prescribed within the indirect discharge permit. At a
minimum, users shall sample their discharge at least
twice per year. If a user sampled and analyzed more
frequently than what was required in its indirect
SEWAGE PRE-TREATMENT ORDINANCE Page 32
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.
7-720 MONITORING FACILITIES. Each user shall provide and
operate at the user's own expense, a monitoring facility to
allow inspection, sampling and flow measurement of each sewer
discharge to the City. Each monitoring facility shall be
situated on the user's premises. 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. Where required by Federal or State regulations, such
monitoring facilities shall be provided at the end of a
process or production unit from which regulated toxic
Pollutants are discharged.
All monitoring facilities shall be constructed and
maintained in accordance with all applicable construction
standards and specifications. Construction shall be completed
within 120 days (or such longer period as may be allowed by
the City) of receipt by the user of the indirect discharge
permit.
7-721 INSPECTION AND SAMPLING. The City, or its
representatives, shall have the right to enter the facilities
of any user to ascertain whether the purpose of this
ordinance, and any indirect discharge permit or order issued
hereunder, is being met and whether the user is complying will
all requirements thereof. The user shall allow the City, or
its representatives, upon presentation of credentials of
identification, to enter upon the premises of the user at all
reasonable hours, including all hours of operation or
discharging for the purposes of inspection, sampling or
records examination. The City shall be given ready access to
all parts of the premises for the purposes of inspection,
SEWAGE PRE-TREATMENT ORDINANCE
Page 33
sampling, records examination and copying, and performance of
any additional duties.
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, city pretreatment staff will be permitted to
enter without delay for the purposes of performing specific
responsibilities.
The City shall have the right to set up on the user's
property, or require installation of, such devices as are
necessary to conduct flow monitoring and sampling of the
user's operations.
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 City and shall not be replaced. The costs of clearing
such access shall be born by the user.
Unreasonable delays in allowing the City access to the
user's premises shall constitute a violation of this
ordinance.
7-722: CONFIDENTIAL INFORMATION. Information and data on a
user obtained from reports, surveys, indirect discharge
permits, and monitoring programs, and from POTW inspection and
sampling activities, shall be available to the public or other
governmental agency without restriction unless the user
specifically requests, and is able to demonstrate to the
satisfaction of the 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 that the
information furnished be kept 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
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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 user furnishing the information. 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. Any
such claim must be asserted at the time of submission by
clearly indicating the words "confidential business
information" on each page containing such information. If no
claim is made at the time of submission, all information will
be available to the public.
7-723 ENFORCEMENT.
.01 Emergency Suspension of Service and Revocation of
Indirect Discharge Permit. The City may, after
informal notice to the user in writing or in person
or by telephone, revoke the indirect discharge
permit and order the suspension of the wastewater
treatment service to a user when it appears to the
City that an actual or threatened discharge (a)
presents or threatens an imminent or substantial
danger to the health or welfare of persons or
substantial danger to the environment or (b)
threatens to interfere with the operation of the
POTW. Any user notified of the City's suspension
order shall immediately cease all discharges. In
the event of failure of the user to comply with the
suspension order, the City may immediately take all
necessary steps to halt or prevent any further
discharge by such user into the POTW. The City
shall have authority to physically cap, block or
seal the user's sewer line (whether on public or
private property) in order to terminate service
under this section. The City shall have the right
SEWAGE PRE-TREATMENT ORDINANCE
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to enter upon the user's property to accomplish the
capping, blocking or sealing of the user sewer
line. The City shall reinstate the wastewater
treatment service upon clear and convincing proof
by the user of the elimination of the noncomplying
discharge or condition creating the threat as set
forth above.
.02 User Prohibited Conduct. A user shall not (a) fail
to report accurately the wastewater constituents
and characteristics of its discharge; (b) fail to
report significant changes in wastewater
constituents or characteristics; (c) refuse
reasonable access to the user's premises by
representatives of the City for the purpose of
inspection or monitoring; or (d) violate the
provisions of the indirect discharge permit, the
provisions of this ordinance or any order of the
City with respect thereto. The City may seek any
or all of the remedies or penalties provided in
this ordinance (including termination of wastewater
treatment service and water service termination)
against any user who violates any of the foregoing
prohibitions. The City may seek or pursue any
remede, action or relief authorized in this
Ordinance, or may seek the issuance of a temporary
or permanent injunction, as deemed appropriate, for
legal and/or equitable relief.
Enforcement of pretreatment violations will
generally be in accordance with the Meridian
Pretreatment Ordinance. The City reserves the
right, however, to take other action against any
user when the circumstances warrant. Further,
Meridian is empowered to take more than one
enforcement action against any noncompliant user.
SEWAGE PRE-TREATMENT ORDINANCE
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fly
These actions may be taken concurrently.
Issuance of a compliance order, administrative
fines, penalties, and/or cease and desist orders
shall not be a bar against, or prerequisite for,
taking any other action against a noncompliant
user.
.03 Notification of Violation - Administrative
Adjustment Whenever the City finds that any user
has violated the prohibitions in Section 22.02
hereof, the City shall cause to be served upon such
user a written notice either in person or by
certified or registered mail, return receipt
requested, stating the nature of the alleged
violation or violations. The notice may also state
what fine, penalty or other remedy the City will
seek against the user for such alleged violation or
violations.
Within 20 days of the date of receipt of the
notice, the user shall respond personally or in
writing to the City advising of its position with
respect to the allegations. Thereafter, the user
shall be given the opportunity to meet with
representatives, employees or agents of the City to
ascertain the veracity of the allegations, to
establish a plan for the satisfactory correction of
the violations and preclusion of a recurrence
thereof, and to pay the fine or otherwise comply
with the penalty or remedy being sought by the City
for the violation or violations. Submission of a
response in no way relieves the user for liability
for any violations occurring before or after
receipt of written notice of noncompliance from the
POTW. Nothing in this section shall limit the
authority of the POTW to take any action, including
SEWAGE PRE-TREATMENT ORDINANCE
Page 37
emergency actions or any other enforcement action,
without first issuing a Notice of Violation.
.04 Show Cause Hearing Where the violation of Section
7-723.02 is not corrected by timely compliance
through the Administrative Adjustment procedure set
forth at Section 7-723.031 the City may order any
user which suffers or permits a violation of
Section 7-723.02 hereof to show cause before the
Sewer Superintendant or his designate why the
proposed enforcement action (which may include
service termination) should not be taken. A
written notice shall be served on the user by
personal service or by certified or registered
mail, return receipt requested, specifying the time
and place of a hearing to be held by the Sewer
Superintendant or his designate regarding the
violation, the reasons why the enforcement action
is to be taken, the proposed enforcement action and
directing the user to show cause before the
Superintendant or his designate why the proposed
enforcement action should not be taken. The notice
of the hearing shall be served no less than ten
(10) days before the hearing. Service of the
notice may be made on any agent, officer or
authorized representative of a user. The
information and evidence presented at the hearing
shall be considered by the Superintendant or his
designate, who shall then enter appropriate
findings of fact, conclusions of law and orders
with respect to the alleged violations of the user.
Appeal of such orders may be taken within 20 days
by the user to the City Council, which may grant a
hearing to take additional evidence or render its
decision based upon the record of the
SEWAGE PRE-TREATMENT ORDINANCE
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Superintendants proceedings.
A show cause hearing shall not be a bar
against, or prerequisite for, taking any other
action against a noncompliant user.
.05 Judicial Proceedings Following the entry of any
final order by the City with respect to the
violation by the user under this ordinance, the
City may commence an action for appropriate legal
and/or equitable relief in the Fourth Judicial
District, Ada County Court to enforce the penalty
or remedy imposed by the City hereunder.
.06 Enforcement Actions - Annual Publication. The City
shall publish annually, in the Valley News, a list
of those users which, during the previous 12
months, were in significant noncompliance with
applicable pretreatment standards or other
pretreatment requirements. The term significant
noncompliance 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-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%) or more of wastewater
measurements taken during a six-month period
equals or exceeds the product of the daily
maximum limit or the average limit multiplied
by the applicable factor [1.4 for BOD, TSS,
fats, oil and grease, and 1.2 for all other
Pollutants except pH];
SEWAGE PRE-TREATMENT ORDINANCE
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(c) Any other discharge violation that the POTW
believes has caused, alone or in combination
with other discharges, interference, pass
through, or endangered the health and safety
of POTW personnel or the general public;
(d) Any discharge of pollutants that has caused
imminent endangerment to the public or to the
environment, or has resulted in the POTW'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 an indirect 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 noncompliance; or
(h) Any other violation(s) which the City
determines will adversely affect the operation
or implementation of the POTW's pretreatment
program.
7-723a WARRANT
1. The Sewer Superintendent shall cause investigations
to be made upon the request of the City Council or
upon receipt of information concerning an alleged
violation of this chapter or of any rule,
regulation, permit, or order promulgated
SEWAGE PRE-TREATMENT ORDINANCE
Page 40
thereunder, and may cause to be made such other
investigations as he shall deem advisable.
2. For the purpose of enforcing any provision of this
chapter or any rule or regulation authorized in
this chapter, the Sewer Superintendent, or the
Sewer Superintendent's designee, shall have the
authority to:
a. Conduct a program of continuing surveillance
and of regular or periodic inspection of
actual or potential health hazards, water
pollution sources, noise sources, and of solid
waste disposal sites;
b. Enter at all reasonable times upon any private
or public property, upon presentation of
appropriate credentials, for the purpose of
inspection or investigation to ascertain
possible violations of this chapter or of
rules, regulation, permits, or orders adopted
and promulgated by the Sewer Superintendent or
the City Council;
C. All inspections and investigations conducted
under the authority of this chapter shall be
performed in conformity with the prohibitions
against unreasonable searches and seizures
contained in the fourth amendment to the
constitution of the United States and Section
17, Article I, of the Constitution of the
State of Idaho. The City shall not, under the
authority granted by this chapter, conduct
warrantless searches of private property in
the absence of either consent from the
property owner or occupier or exigent
circumstances such as a public health or
environmental emergency;
SEWAGE PRE-TREATMENT ORDINANCE
Page 41
C. The District Court of the Fourth Judicial
District, Ada County, Idaho, is authorized to
issue a search warrant to the Sewer
Superintendent, or his designee, upon a
showing of (i) probable cause to suspect a
violation, or (ii) the existence of a
reasonable program of inspection. Any search
warrant issued under the authority of this
Ordinance shall be limited in scope to the
specific purposes for which it is issued and
shall state with specificity the manner and
the scope of the search authorized.
7-724: PENALTIES.
.01 Civil Penalties. Any user who violates an order
of the City, or who fails to comply with ( a ) any
provision of this Ordinance or (b) any regulation,
rule or permit of the City issued pursuant to this
ordinance, shall be liable to the City for a civil
penalty. The amount of such civil penalty shall be
not more than $1,000.00 per violation. Each day
upon which a violation occurs or continues shall
constitute a separate violation. In the case of a
monthly or other long-term average limit, penalties
shall accrue for each day during the period of the
violation.
Such penalties may be recovered by judicial
actions commenced by the City as provided in
Section 7-723.05. In addition, the City may
commence an action to terminate the user's
wastewater treatment service.
.02 Recovery of Costs Incurred by the City. Any user
who violates any of the provisions of this
ordinance or who discharges or causes a discharge
producing a deposit or obstruction or causes damage
SEWAGE PRE-TREATMENT ORDINANCE
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to or impairs the City's wastewater disposal system
shall be liable to the City for any expense, loss
or damage caused by such violation or discharge.
The City shall charge the user for the cost
incurred by the City for any monitoring,
surveillance, cleaning, repair or replacement work
caused by the violation or discharge, and for costs
incurred by the City in investigating the violation
and in enforcing this ordinance against the user
including reasonable administrative costs, fees for
testing, attorney fees, court costs and all
expenses of litigation. Refusal to pay the
assessed costs shall constitute a violation of this
Ordinance, enforceable under the provisions of
Sections 23 and 24 of this Ordinance.
.03 Falsifying Information Any person who knowingly
makes any false statement, representation or
certification in any application, record, report,
plan or other document filed or required to be
maintained pursuant to this ordinance, or who
falsifies, tampers with, or knowingly renders
inaccurate any monitoring device or method required
under this ordinance, shall (in addition to civil
and/or criminal penalties provided by State law) be
guilty of a misdemeanor and shall be prosecuted and
punished accordingly.
.04 General Criminal Penalties. Any user or person
who knowingly violates any provision of this
ordinance shall be guilty of a misdemeanor and
shall be prosecuted and punished accordingly.
7-725: AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS.
.01 Operating Upsets Any user which experiences an
upset in operations which places the user in a
temporary state of noncompliance with this
SEWAGE PRE-TREATMENT ORDINANCE
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ordinance shall inform the City thereof within 24
hours of first awareness of the commencement of the
upset. Where such information is given orally, a
written follow-up report thereof shall be filed by
the user with the City within five (5) days. The
report shall specify:
(a) Description of the upset, the cause thereof
and the upset's impact on the user's
compliance status.
(b) Duration of noncompliance and, if the
noncompliance continues, the time by which
compliance is reasonably expected to occur.
(c) All steps taken or to be taken to reduce,
eliminate and prevent recurrence of such an
upset or other conditions of noncompliance.
An upset shall constitute an affirmative
defense to an action brought for noncompliance with
applicable pretreatment standards if the following
requirements are met:
The 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 within twenty-four
(24) hours of becoming aware of the upset [if
this information is provided orally, a written
SEWAGE PRE-TREATMENT ORDINANCE
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submission must be provided within five (5)
days]:
(a) A description of the indirect discharge
and cause of noncompliance;
(b) The period of noncompliance, including
exact dates and times or, if not
corrected, the anticipated time the
noncompliance is expected to continue;
and
(c) Steps being taken and/or planned to
reduce, eliminate, and prevent recurrence
of the noncompliance.
In any enforcement proceeding, the user
seeking to establish the occurrence of an upset
shall have the burden of proof.
Users will have the opportunity for a judicial
determination on any claim of upset only in an
enforcement action brought for noncompliance with
applicable pretreatment standards.
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.
.02 Prohibited Discharge Standards A user shall have
an affirmative defense to an enforcement action
brought against it for noncompliance with the
prohibitions in Sections 4, 5, 6, and 7 if it can
prove that it did not know, or have reason to know,
that its discharge, alone or in conjunction with
SEWAGE PRE-TREATMENT ORDINANCE
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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 POTW was regularly in compliance with its NPDES
permit, and in the case of interference, was in
compliance with applicable sludge use or disposal
requirements.
.03 Bypass Provision Users may allow any bypass to
occur which does not cause applicable pretreatment
standards or requirements to be violated, but only
if it is also for essential maintenance to assure
efficient operation. These bypasses are not
subject to the following:
(a) If a user knows in advance of the need for a
bypass, it shall submit prior notice to the
City, if possible at least ten (10) days
before the date of the bypass.
(b) A user shall submit oral notice of an
unanticipated bypass that exceeds applicable
pretreatment standards to the City within 24
hours from the time the user 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 description shall contain:
(1) Description of the bypass and its cause.
(2) Duration of the bypass, including the
exact dates and times, and if the bypass
has not been corrected, the anticipated
SEWAGE PRE-TREATMENT ORDINANCE
Page 46
time it is expected to continue.
(3) All steps taken or planned to reduce,
eliminate and prevent reoccurrence of the
bypass.
(c) Bypass is prohibited, and the City may take
enforcement action against a user for a
bypass, unless:
(1) Bypass was unavoidable to prevent loss of
life, personal injury or severe property
damage (see definition 8-14- );
(2) 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
preventative maintenance; and
(3) The user submitted notices as required
under paragraph (a) and (b) above.
The City may approve an anticipated bypass,
after considering its adverse effects, if the City
determines that it will meet the three conditions
listed in paragraph (c) above.
7-726: RECORDS RETENTION. All users subject to this
Ordinance shall retain and preserve for no less than three ( 3 )
years, any records, books, documents, memoranda, reports,
correspondence and any and all summaries thereof, relating to
monitoring, sampling and chemical analyses made by or in
behalf of a user in connection with its discharge. All
SEWAGE PRE-TREATMENT ORDINANCE
Page 47
records which pertain to matters which are the subject of
Administrative Adjustment or any other enforcement or
litigation activities brought by the City pursuant hereto
shall be retained and preserved by the user until all
enforcement activities have concluded and all periods of
limitation with respect to any and all appeals have expired.
7-727: SEVERABILITY. If any provision, paragraph, word,
section or chapter of this Ordinance is invalidated by any
court of competent jurisdiction, the remaining provisions,
paragraphs, words, sections and chapters shall not be affected
and shall continue in full force and effect.
7-728: RIGHT OF REVISION. The City reserves the right to
amend this ordinance to provide for more stringent limitations
or requirements on Discharges to the POTW where deemed
necessary to comply with the objectives set forth in Section
7-701 of this Ordinance.
7-729: CONFLICT. All other ordinances and parts of other
ordinances inconsistent or conflicting with any part of this
ordinance are hereby repealed to the extent of such
inconsistency or conflict.
SECTION 2: EFFECTIVE DATE: WHEREAS, there is an emergency
therefor, which emergency is hereby declared to exist, this
Ordinance shall be in full force and effect from and after its
passage, approval and publication according to law.
PASSED AND APPROVED this day of �GZ�CiL
1995.
CITY OF MERIDIAN
f
By. —
G T P. KINGSF RD, YOR
ATTE
C�_-- 4_4;
WILLIAM BERG, CIT CLERK
SEWAGE PRE-TREATMENT ORDINANCE
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