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01-906 City Code Sewer PreTreatment Ord CITY OF MERIDIAN ORDINANCE mO. qa$ RECEIVED JAN 1 8 2001 CITY OF MERIDIAN AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING TITLE 9 CHAPTER 2 SEWER PRETREATMENT OF THE MERIDIAN CITY CODE AND ENACTING A NEW TITLE 9 CHAPTER 2 SEWER PRETREATMENT OF THE MERIDIAN CITY CODE; PROVIDING FOR GENERAL PROVISIONS; GENERAL SEWER USE REQUIREMENTS; PRETREATMENT OF WASTEWATER; WASTEWATER DISCHARGE PERMIT APPLICATION; WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS; ADDITIONAL REPORTING REQUIREMENTS; COMPLIANCE MONITORING; CONFIDENTIAL INFORMATION; PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE; ADMINISTRATIVE ENFORCEMENT REMEDIES; JUDICIAL ENFORCEMENT REMEDIES; SUPPLEMENTAL ENFORCEMENT ACTION; AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS; WASTEWATER TREATMENT RATES; MISCELLANEOUS PROVISIONS; PROVIDING FOR EFFECT OF INVALIDITY; PROVIDING A SAVING CLAUSE AND PROVIDING THAT ALL ORDINANCES AND RESOLUTIONS IN CONFLICT ARE REPEALED AND RESCINDED; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1: That Title 9 Chapter 2 Sewer Pretreatment of the Meridian City Code is hereby:repealed. Section .2: That a new Title 9 Chapter 2 Sewer Pretreatment is hereby enacted to read as follows: SEWER PRETREATMENT SECTION 9-2,1 - GENERAL PROVISIONS 9-2-1 (A) Purpose and Policy 9-2-1 (B) Administration 9-2-1 (C) Abbreviations 9-2-1 (D) Definitions Sewer Pretreatment Ordinance - Page 1 of 56 SECTION 9-2~2 - GENERAL SEWER USE REQUIREMENTS 9-2-2(A) 9-2-2(B) 9-2-2(C) 9-2-2(D) 9-2-2(E) 9-2-2(F) 9-2-2(G) Prohibited Discharge Standards National Categorical Pretreatment Standards State Pretreatment Standards Local Limits The City's Right of Revision Dilution Deadline for Compliance SECTION 9-2-3 - PRETREATMENT OF WASTEWATER 9-2-3(A) 9-2-3(B) 9-2-3(C) 9-2-3(D) 9-2-3(E) Pretreatment Facilities Additional Pretreatment Measures Accidental Spill Prevention/Sludge Control Plans Hauled Wastewater Fees SECTION 9-2-4 - WASTEWATER DISCHARGE PERMIT APPLICATION 9-2-4(A) 9-2-4(B) 9-2-4(C) 9-2-4(D) 9-2-4(E) 9-2-4(F) 9-2-4(G) Survey/Wastewater Data Disclosure/Baseline Monitoring Wastewater Discharge Permit Requirement Wastewater Discharge Permitting: Existing Users Wastewater Discharge Permitting: New Users Wastewater Discharge Permit Application Contents Application Signatories and Certification Wastewater Discharge Permit Decisions SECTION 9-2-5 - WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS 9-2-5(A) Wastewater Discharge Permit Duration 9-2-5(B) Wastewater Discharge Permit ContentS 9-2-5 (C) Transfer of Permits 9-2-5 (D) Extra Jurisdictional Users 9-2-5(E) Wastewater Discharge Permit Modification 9-2-5(F) wastewater Discharge Permit Transfer 9-2-5(G) Wastewater Discharge Permit Revocation 9-2-5(H) Re-issuance 9-2-5(I) Wastewater Discharge Appeals/Procedures SECTION 9-2-6 -ADDITIONAL REPORTING REQUIREMENTS 9-2-6(A) Reports of Changed Conditions 9-2-6(B) Reports of Potential Problems Sewer Pretreatment Ordinance - Page 2 of 56 9-2-6(C) 9-2-6(D) 9-2-6(E) 9-2-6(F) 9-2-6(G) 9-2-6(H) 9-2-6(I) Reports from Unpermitted Users Notice of Violation/Repeat Sampling and Reporting Notification of the Discharge of Hazardous Waste Analytical Requirements Sample Collection Timing Record Keeping SECTION %2-7 - COMPLIANCE MONITORING 9-2-7(A) Monitoring Facilities 9-2-7(B) Right of Entry: Inspection and Sampling 9-2-7(C) Search Warrants SECTION 9-2-8 - CONFIDENTIAL INFORMATION SECTION 9-2-9 - PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE SECTION 9-2-10 - ADMINISTRATIVE ENFORCEMENT REMEDIES 9-2-10(A) 9-2-10(B) 9-2-10(C), 9-2-10(D) 9-2-10(E) 9-2-10(F) 9-2-10(G) 9-2-10(H) Water Supply Severance Emergency Suspension of Service and Revocation of Permit Notification of Violation Consent Orders Show Cause Hearing Cease and Desist Orders Administrative Fines Termination of Discharge SECTION 9-2.11 - JUDICIAL ENFORCEMENT REMEDIES 9-2-11 (A) Injunctive Relief 9-2-11 (B) Civil Penalties 9-2-11 (C) Recovery of Costs Incurred by City 9-2-! 1 (D) Criminal Prosecution 9-2-11 (E) COsts and Attorney Fees 9-2-1 ! (F) Remedies Nonexclusive SECTION 9-2~ 12 - SUPPLEMENTAL ENFORCEMENT ACTION 9-2-12 (A) Performance Bonds SECTION 9-2,13 -AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS Sewer Pretreaunent Ordinance - Page 3 of 56 9-2-13(A) Upset 9-2-13 (B) PrOhibited Discharge Standards 9-2-13(C) Bypass SECTION 9-2-14 - WASTEWATER TREATMENT RATES SECTION 9-2-15 - MISCELLANEOUS PROVISIONS 9-2-15 (A) Pretreatment Charges and Fees 9-2-15(B) Severability SECTION 9-2-1 - GENERAL PROVISIONS 9-2-1(A) Purpose and Policy This chapter sets forth uniform requirements for users of the Publicly Owned Treatment Works for the City of Meridian and enables the City to comply with all applicable State and Federal laws, including the Clean Water Act (33 United States Code § 1251 et seq:) and the General Pretreatment Regulations (40 Code of Federal Regulations Part 403). The objectives of this chapter are: 1. To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will interfere with its operation; 2. To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will pass through the Publicly Owned Treatment Works, inadequately treated, into receiving waters, or otherwise be incompatible with the Publicly Owned Treatment Works; 3. To protect both Publicly Owned Treatment Works personnel who may be affected by wastewater and sludge in the course of their employment and the general public; ~' 4. To promote reuse and recycling of industrial wastewater and sludge from the Publicly Owned Treatment Works; 5. To provide equitable fees for permitting, inspection, compliance enforcement, damages and technical assistance resulting from the program described herein; and 6. To enable the City to comply with its National Pollutant Discharge Elimination System permit .conditions, sludge use and disposal requirements, and any other Sewer Pretreatment Ordinance - Page 4 of 56 Federal or State laws to which the Publicly Owned Treatment Works is subject. This chapter shall apply to all users of the Publicly Owned Treatment Works. The chapter authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. 9-2-1 (B) Administration Except as otherwise provided herein, the Superintendent or his or her designee shall administer, implement, and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the Superintendent or his or her designee may be delegated by the Superintendent or his or her designee to other City personnel. 9-2-1 (C) Abbreviations The following abbreviations, when used in this chapter, shall have the designated meanings: BOD- CFR- COD- EPA- gpd- mg/1- MIU- NPDES- POTW- RCRA- Biochemical Oxygen Demand Code of Federal Regulations Chemical Oxygen Demand U.S. Environmental Protection Agency gallons per day milligrams per liter Minor Industrial User National Pollutant Discharge Elimination System Publicly Owned Treatment Works Resource Conservation and Recovery Act Sewer Pretreatment Ordinance - Page 5 of 56 SIC- Standard Industrial Classification SIU- Significant Industrial User TSS- Total Suspended Solids U.S.C.- United States Code 9-2-1 (D) Definitions Unless a provision explicitly states otherwise, the following terms and phrases, as used in this ordinance, shall have the meanings hereinafter designated. ACT OR CLEAN WATER ACT: The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. §1251 et seq. APPROVAL AUTHORITY: The Regional Administrator of the EPA, Region 10, Seattle, Washington, (206) 553-0325, or a person so designated by the Regional Administrator. AUTHORIZED REPRESENTATIVE OF THE USER: (1) If the user is a corporation including, but not limited to a limited liability company, (a) The president, secretary, treasurer, or a vice-president of the corporation or the manager or member of a limited liability company in charge of a principal business function, or any other person who performs similar policy or decision-maMng functions for the corporation; or (b) The manager of one or more manufacturing, production, or operation facilities emPloying more than two hundred fifty (250) persons Sewer Pretreatment Ordinance - Page 6 of 56 or having gross annual sales or expenditures exceeding twenty-five (25) million dollars (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively. (3) If the user is a Federal, State, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee. The individuals described in paragraphs 1 through 3, above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the Superintendent or his or her designee. BIOCHEMICAL OXYGEN DEMAND The quantity of oxygen utilized in the OR BOD: biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 20° centigrade, usually expressed as a concentration (e.g., rog/l). BOARD OF APPRAISERS: The Board constituted pursuant to Section 9-1-17 of the Meridian Municipal City Code. BYPASS: The intentional diversion of a wastestream Sewer Pretreatment Ordinance - Page 7 of 56 from any portion of a user's treatment facility. CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD: Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Clean Water 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. See Appendix A for a list of regulated pretreatment categories. CITY: The City of Meridian. COLLECTION SYSTEM: Any devices, pipes, conduits, ditches, sewers or other systems used to collect sewage. ENVIRONMENTAL PROTECTION AGENCY OR EPA: The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency. EXISTING SOURCE: Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Clean Water Act. GRAB SAMPLE: A sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes. HAZARDOUS WASTE: A "solid" (defined under RCRA to include solid, liquid, semi solid or gaseous materials) waste, or combination of solid wastes, which because of its quantity, concentration, or Sewer Pretreatment Ordinance - Page 8 of 56 physical, chemical, or infectious characteristics may - (a) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or (b) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. See 40 CFR Parts 261,262 for lists of hazardous wastes and characteristics of hazardous waste. INDIRECT DISCHARGE OR DISCHARGE: INDUSTRIAL USER OR USER: INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT: The introduction of pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c), or (d) of the Clean Water Act. Any nondomestic 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 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. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample Sewer Pretreatment Ordinance - Page 9 of 56 INTERFERENCE: collected, independent of the industrial flow rate and the duration of the sampling event. A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the City's NPDES permit or of the prevention of sewage sludge residues or scums, use reclamation or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent State or local regulations: Section 405 of the Clean Water Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; and the Toxic Substances Control Act. MASS LIMITATIONS: MEDICAL WASTE: MINOR INDUSTRIAL USER: A mass based effluent limit as set forth in this chapter or in 40 CFR Part 403. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated :bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. A nondomestic user with an indirect Sewer Pretreatment Ordinance - Page 10 of 56 NEW SOURCE: discharge to the POTW which does not meet the criteria of a Significant Industrial User (SIU), but which is regulated on the basis that it has a reasonable potential (1) to adversely affect the POTW's operation, (2) for violating any pretreatment standard or requirement, or (3) whose operation may warrant inspection to ensure compliance with this chapter. 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 Clean Water Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: (a) The building, structure, facility, or installation is constructed at a site at which no other source is located; or (b) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or (c) The production of wastewater generating processes of the building, structure, facility, or installation are Sewer Pretreatment Ordinance - Page 11 of 56 substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Section (1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment. Construction of a new source as defined under this paragraph has commenced if the owner or operator has: (a) Begun, or caused to begin, as part of a continuous onsite construction program (i) any placement, assembly, or installation of facilities or equipment; or (ii) significant site preparation work Sewer Pretreatment Ordinance -Page 12 of 56 NONCONTACT COOLING WATER: NPDES: including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or (b) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product. National pollutant discharge elimination system permit program as administered by the U.S. EPA or State. PASS THROUGH: A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City's NPDES permit, including an increase in the magnitude or Sewer Pretreatment Ordinance - Page 13 of 56 duration of a violation. PERSON: Any individual, partnership, copartnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local governmental entities. pH: A measure of the acidity or alkalinity of a solution, expressed in standard units. POLLUTANT: Substances, including but not limited to, dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor). PRETREATMENT: The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard. PRETREATMENT MANAGER: A duly authorized representative of the City. Sewer Pretreatment Ordinance - Page 14 of 56 PRETREATMENT REQUIREMENTS:Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard. PRETREATMENT STANDARDS OR STANDARDS: Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, and state or local limits, whichever standard is the most stringent. PROHIBITED DISCHARGE STANDARDS OR PROHIBITED DISCHARGES: Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 9-2-2(A) of this chapter. PUBLICLY OWNED TREATMENT WORICS OR POTW: A treatment works, as defined by Section 212 of the Clean Water Act (33 U.S.C. § 1292) which is owned by the City. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant. RESIDENTIAL OR DOMESTIC USER: A discharge from a source not regulated under Section 307(b), (c) or (d) of the Clean Water Act, State law, this ordinance, or any Federal, state or local regulations. To the extent a business enterprise located in a domestic dwelling generates an indirect discharge the source of such discharge is regulated as a non-domestic user under the provisions of this chapter unless otherwise determined by the Superintendent or his or her designee. SEPTIC TANK WASTE: Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. Sewer Pretreatment Ordinance - Page 15 of 56 SEWAGE: Water-carried wastes or a combination of water-carried wastes from residences, business buildings, institutions or industrial establishments. SEWER: SIGNIFICANT INDUSTRIAL USER: Any pipe, conduit, ditch or other device used to collect and transport sewage from the generating source. (1) A user subject to categorical pretreatment standards; or (2) A user that: (a) Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater); (b) Contributes a process wastestream which makes up five (5) percent or more of the average dry weather · hydraulic or organic capacity of the POTW treatment plant; or (c) Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement. (3) Upon a finding that a user meeting the criteria in Subsection (2) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Superintendent or his or her designee may at any time, on his or her own initiative or in response to a Sewer Pretreatment Ordinance - Page 16 of 56 SLUDGE LOAD OR SLUDGE: SOLID WASTE: STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE: STORM WATER: SUPERINTENDENT: SUSPENDED SOLIDS: TOXIC POLLUTANTS: petition received from a user, and in accordance with procedures in 40 CFR 403.8(f) (6), determine that such user should not be considered a significant industrial user. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in Section 9-2-2(A) of this chapter of a non-routine, episodic nature, including, but not limited to, an accidental spill or a non-customary batch discharge. Any water-carried solid, liquid, semi solid or gaseous waste. A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowbell. The person designated by the City, or his or designee, who is charged with certain duties and responsibilities under this chapter. See The City of Meridian's Sewer Use and Service Ordinance, Section 9-4-5 for more information. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering. Pollutants or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Sewer Pretreatment Ordinance - Page 17 of 56 'Protection Agency under Section 307 (33 U.S.C. 1317) of the Clean Water Act. UPSET: An exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation. USER: A source of indirect discharge. WASTEWATER: Water-carried wastes from domestic dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are discharged to the POTW through a sewer or collection system. WASTEWATER TREATMENT PLANT OR TREATMENT PLANT: That portion of the POTW which is designed to provide treatment of wastewater or sewage. SECTION 9-2-2 - GENERAL SEWER USE REQUIREMENTS 9-2-2 (A) Prohibited Discharge Standards 1. General Prohibitions. It shall be unlawful to discharge sewage, pollutants, or wastewater to any sewer, collection system or POTW within the jurisdiction of the City, without having first complied with the terms of this chapter. No user shall introduce or cause to be introduced into the sewer, collection system or POTW any pollutant, sewage or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other National, State, or local pretreatment standard or requirement. 2. Specific Prohibitions. No user shall introduce or cause to be introduced into Sewer Pretreatment Ordinance - Page 18 of 56 the POTW, sewer or collection system the following pollutants, sewage, substances, or wastewater: (a) Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed-cup flashpoint of less than 140°F (60°C) using the test methods specified in 40 CFR 261.21; (b) Any wastewater having a pH less than 6.5 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; (c) Any solid or viscous substances which will or may cause obstruction to the flow in the 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 inch (1/2") or (1.27cm) in any dimension; (d) Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pOllutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW; (e) Wastewater entering the collection system or sewer having a temperature greater than 160oF or which is at a temperature that will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the entry to the POTW to exceed 104°F (40°C); (f) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through; (g) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW collection system or sewer in a quantity that may cause acute worker health or safety problems; (h) Trucked or hauled pollutants, except at discharge points designated by the Superintendent or his or her designee in accordance with Section 9-2-3(D) of this chapter; (i) Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewer or collection system for maintenance or repair; Sewer Pretreatment Ordinance - Page 19 of 56 (j) Wastewater which imparts color which cannot be removed by the POTW treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently impart color to the treatment plant's effluent, thereby violating the City's NPDES permit; (k) Any wastewater containing any radioactive wastes or isotope of such half-life or concentration resulting in an excess of limits established in compliance with applicable State or Federal regulations; (1) Storm water, surface water, ground water, artesian well water, roof runoff, rainwater, subsurface drainage, yard drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and other nonwastewater discharges including, but not limited to unpolluted water, unless specifically permitted by the Superintendent or his or her designee; (m) Sludges, screenings, or other residues from the pretreatment of wastes; (n) Medical wastes, except as specifically authorized by the Superintendent or his or her designee ina wastewater discharge permit; (o) Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test; (p) Detergents, surface-active agents, or other substances which may cause excessive foaming in the sewer, collection system or POTW; (q) Fats, oils, or greases of animal or vegetable origin in concentrations greater than 100 mg/1; (r) 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 sewer, collection system or POTW or to the operation or personnel of the POTW. At no time shall two (2) consecutive 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. (s) Hazardous Wastes. (t) Limitations On Point Of Discharge: No person shall discharge any substance Sewer Pretreatment Ordinance - Page 20 of 56 directly into a manhole or other opening into the sewer or collection system other than through an approved building sewer connection unless a permit has been issued by the Superintendent or his or her designee. If a permit is granted for the discharge of such substances into the sewer, the user shall pay the applicable charges and fees and meet such other conditions as are required by the Superintendent or his or her designee. (u) 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 or collection system unless a permit is issued by the Superintendent or his or her designee. (v) Any substance which will cause the POTW to violate its NPDES and/or other disposal system permits . (w) 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, interference or pass through, and subsequent loss of treatment efficiency. (x) 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 said sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Clean Water Act; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, RCRA, the Clean Air Act, the Toxic Substances Control Act, or any other State or Federal standard applicable to sludge management. 3. 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, collection system or POTW unless a permit is issued by the POTW. Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW. 9-2-2(B) National Categorical Pretreatment Standards The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Sewer Pretreatment Ordinance - Page 21 of 56 Parts 405-471 are hereby incorporated. Several categories and applicable standards are listed in Appendix A. ? 1. Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Superintendent or his or her designee shall impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c). 2. When Wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Superintendent or his or her designee shall impose an alternate limit using the combined wastestream formula in 40 CFR 403.6(e). 3. A user may obtain a variance from a categorical pretreatment standard from the Superintendent or his or her designee if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard. Appeals of the denial of variances shall be governed by the procedures set forth in section 9-2-5 (I) of this chapter. 4. 'A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. 9-2-2(C) State Pretreatment Standards 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 chapter or other applicable Ordinances. 9-2-2(D) Local Limits The following pollutant limits are established to protect against pass through and interference. No person shall discharge wastewater containing in excess of the following discharge limits: Parameter Maximum Daily Concentration (mg/1) Sewer Pretreatment Ordinance - Page 22 of 56 Arsenic 0.25 * Cadmium 0.11 Chromium (total) 2.77 Copper 3.38 Cyanide ~(total) 1.20 Iron 1.50 * Lead 0.69 Mercury 0.50 Nickel 3.98 Silver 0.43 Zinc 2.61 TOTAL ORGANICS (TTO) 2.13 ** * Nonmetal finishing standards. ** See list of organic chemicals included in total toxic organics (TTO) regulated under electroplating and metal finishing categories maintained at the Meridian sewer plant. The following pollutants are regulated to ensure compliance with the City's NPDES Permit. Pollutant limits will be established by the Superintendent or his or her designee: BOD (Biochemical Oxygen Demand) Ortho-Phosphate COD (Chemical Oxygen Demand) TSS (Total Suspended Solids) E. Coli Total Ammonia as N Total Kjeldahl Nitrogen Nitrate-Nitrite Total Ph'osphorus Turbidity Temperature Hardness pH Dissolved Oxygen Fats, oils and grease All local limits apply at the point where the wastewater is discharged to the collection system or sewer. Ail concentrations for metallic substances are for "total "metal unless indicated otherwise. Wherever a user is subject to both National Categorical Pretreatment Standards and a state or local limit for a given pollutant, the more stringent limit Or standard shall apply. However, the user may obtain a variance from a local limit from the Superintendent or his or her designee for good cause shown. Appeals of the denial of a variance are governed by the procedures set forth in section 9-2-5 (I) of this chapter. The Superintendent or his or her designee is also required to Sewer Pretreatment Ordinance - Page 23 of 56 impose mass limitations by Region 10 of EPA, the City's NPDES Permit and Federal regulations [40 CFR 122.45(f)], for all pollutants except pH, temperature, radiation, and other pollutants not appropriately expressed in terms of mass limits. Such mass limitations shall be calculated as follows [EQ. 1], unless otherwise determined by the Superintendent or his or her designee: Mass Limit = Design or actual flow of facility (mgd) x concentration of the pollutant (mg/1) x 8.34 9-2-2(E) The City's Right of Revision The City reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the collection system, sewer Or POTW. .,~ 9-2-2(F) Dilution No user shall ever increase the use of unpolluted (process, potable or other source) water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. 9-2-2(G) Deadline For Compliance Users shall provide wastewater treatment as necessary to comply with this ordinance and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in Section 9-2-2(A) of this chapter within the time limitations specified by EPA, the State, or the Superintendent or his or her designee, whichever is more stringent. 1. Existing Users: Full compliance with all requirements of this chapter, including but not limited to, baseline monitoring reports, compliance schedule progress reports, reports on compliance with categorical pretreatment standards, notification of discharges, pretreatment facility construction, permits, etc. by existing users covered by categorical pretreatment standards shall be within three (3) years of the date the standard is effective or within ninety (90) days of notification by the Superintendent, or his or her designee, whichever is earlier, unless a shorter compliance time is specified in the appropriate standard or is required by the Sewer Pretreatment Ordinance - Page 24 of 56 Superintendent or his or her designee. The Superintendent or his or her designee shall also establish a final compliance deadline for any existing user not covered by categorical pretreatment standards. 2. New Source Dischargers: New sources shall install and have in operating condition, and shall start-up, all pollution control equipment required to meet applicable pretreatment standards and requirements before beginning to discharge. Within the shortest feasible time (not to exceed ninety (90) days from the beginning of discharge), new sources must meet all applicable pretreatment standards and requirements. SECTION 9-2-$ - PRETREATMENT OF WASTEWATER 9-2-3(A) Pretreatment Facilities Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Superintendent or his or her designee for review, and shall be acceptable to the Superintendent or his or her designee before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user 'from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the Superintendent or his or her designee under the provisions of this chapter. 9-2-3 (B) Additional Pretreatment Measures 1. Whenever deemed necessary, the Superintendent or his or her designee may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams, and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this chapter. 2. The Superintendent or his or her designee may require any person discharging into the sewer, collection system or POTW to install and maintain on its property and at its expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization. 3. Grease, oil, and sand interceptors shall be provided when, in the opinion of the Superintendent or his or her designee, they are necessary for the proper handling of Sewer Pretreatment Ordinance - Page 25 of 56 wastewater containing excessive amounts of grease, oil, and/or sand; except that such interceptors shall not be required for residential users. All interception units shall be of the type and' capacity approved by the Superintendent or his or her designee and shall be so located as to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at its expense. ' 4. Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter. 9-2-3(C) Accidental Spill Prevention/Sludge Control Plans Each Significant Industrial User, or any other user so required by the Superintendent or his or her designee, shall submit a completed accidental spill prevention/sludge control plan to-the Superintendent or his or her designee within either 60 days after notification by the Superintendent or his or her designee or the commencement of pretreatment operations, whichever occurs first. An accidental spill prevention/sludge control plan shall address, at a minimum, the following: 1. Description of discharge practices, including nonroutine batch discharges; 2. Description of stored chemicals; 3. Procedures for immediately notifying the Superintendent or his or her designee of any accidental or slug discharge, as follows: (a) The user shall immediately telephone and notify the Superintendent or his or her designee of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user; (b) Within five.~ (5) days following such discharge, the user shall, unless waived by the Superintendent or his or her designee, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences; (c) A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in paragraph (a), above. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification Sewer Pretreatment Ordinance - Page 26 of 56 procedures. (d) Such notification must also be given for any discharge which would violate any of the pretreatment standards or requirements contained in this chapter. 4. Procedures to prevent adverse impacts 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. 9-2-3(D) Hauled Wastewater In order to ensure that haulers of septic tank waste are not introducing industrial waste, or other wastes to the POTW, the following is required: 1. Septic tank waste may be introduced into the sewer, collection system or POTW only at locations designated by the Superintendent' or his or her designee, and at such times as are established by the Superintendent or his or her designee. Such waste shall not violate this chapter or any other requirements established by the City. 2. The Superintendent or his or her designee shall require generators and haulers of wastewater or sewage to obtain wastewater discharge permits. The Superintendent or his or her designee also may prohibit the disposal of hauled industrial wastewaster. The discharge of hauled industrial wastewater is subject to all other requirements of this chapter. 3. Industrial wastewater haulers may discharge loads only at locations designated by the Superintendent or his or her designee. No load may be discharged without prior consent of the Superintendent or his or her designee. The Superintendent or his or her designee may collect samples of each hauled load to ensure compliance with applicable standards. The Superintendent or his or her designee may require the industrial wastewater hauler to provide a waste analysis of any load prior to discharge. 4. Industrial wastewater haulers must provide a waste-tracking form (manifest) for every load. :This form shall include, at a minimum, the name and address of the industrial wastewater hauler, permit number, truck identification, names and Sewer Pretreatment Ordinance - Page 27 of 56 addresses of sources of wastewater, and volume and characteristics of waste. The manifest shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes. 9-2-3(E) Fees The Meridian City Council shall establish a fee structure in order to compensate th~' City for its costs associated with the implementation and enforcement of' this chapter as well as costs associated with monitoring, inspection, surveillance and laboratory analysis required by the Federal Wastewater Pretreatment Program, this chapter, or the State of Idaho. SECTION 9-2-4 - WASTEWATER DISCHARGE PERMIT APPLICATION 9-2-4(A) Survey/Wastewater Discharge Data Disclosure/Baseline Monitoring 1. All non-domestic users shall complete and file with the Superintendent or his or her designee a survey on a form prescribed by the City. The survey must be filed within sixty (60) days after notification by the Superintendent or his or her designee or the effective'date of this chapter, whichever is later. 2. Within One hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), or within sixty (60) days after notification by the Superintendent or his or her designee, whichever is earlier, existing significant industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the SUperintendent or his or her designee a report. At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, or minor industrial users requested to do so by the Superintendent or his or her designee, shall submit to the Superintendent or his or her designee a report. New sources and minor industrial users shall report the method of pretreatment they intend to use to meet applicable standards, and give estimates of their anticipated flow and quantity of pollutants to be discharged. 3. Disclosure Forms: Users described in paragraph 2. of this section shall complete and file with the Superintendent or his or her designee a data disclosure form prescribed by the City. This data disclosure form satisfies the requirements 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 forms provided by the Sewer Pretreatment Ordinance - Page 28 of 56 Superintendent' or his or her designee. 4. Review And Inspection: The Superintendent or his or her designee 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 chapter. 5. All data disclosure forms shall be signed by an authorized representative of the user as described in Section 9-2-4(F) of this chapter. 9-2-4(B) Wastewater Discharge Permit Requirement 1. No significant industrial user shall discharge wastewater into the sewer, collection system or POTW without first obtaining a wastewater discharge permit from the Superintendent or his or her designee, except that a significant industrial user that has filed a timely application pursuant to Section 9-2-4(C) of this chapter may continue to discharge for the time period specified in such section. 2. The Superintendent or his or her designee may require minor industrial users or other users to obtain wastewater discharge permits as necessary to carry out the purposes of this chapter. 3. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out in Sections 9-2-10 through 9-2-12 of this chapter. Obtaining a wastewater discharge permit does not relieve a permittee of its. obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State, and local law. ~ 9-2-4(C) Wastewater Discharge Permitting: Existing Users Any user required to obtain a wastewater discharge permit who was discharging wastewater into the sewer, collection system or POTW prior to the effective date of this chapter and who wishes to continue such discharges in the future, shall, within ninety (90) days after said date, apply to the Superintendent or his or her designee for a wastewater discharge permit in accordance with Section 9-2-4(E) of this chapter, and shall not cause or allow discharges to the sewer, collection system or POTW to continue after one hundred eighty (180) days of the effective date of this Sewer Pretreatment Ordinance - Page 29 of 56 chapter except in accordance with a wastewater discharge permit issued by the Superintendent,. or his or her designee. 9-2-4(D) Wa~tewater Discharge Permitting: New Users Any user required to obtain a wastewater discharge permit who proposes to begin discharging into the sewer, collection system or POTW must obtain the permit prior to the beginning of such discharge. An application for this wastewater discharge permit, in accordance with Section 9-2-4(E) of this chapter, must be filed at least ninety (90) days prior to the date upon which any discharge will begin. 9-2-4(E) Wastewater Discharge Permit Application Contents All users required to obtain a wastewater discharge permit must submit a permit application. The Superintendent or his or her designee may require all users to submit as part of an application the following information: 1. Identifying Information. The name and address of the facility, including the name of the operator and owner. 2. Disclosure of Standard Industrial Classification (SIC) number according to the Standard InduStrial Classification Manual, Bureau of the Budget, 1972, as amended. 3. Environmental Permits. A list of any environmental control permits held by or for the facility. 4. Description of Operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes. 5. Disclosure of wastewater constituents and characteristics including, but not limited to, those mentioned in this chapter, as determined by bona fide chemical and biological analyses. Sampling and analysis shall be performed in accordance with the procedures established by the U.S. EPA and contained in 40 CFR Part 136, as amended, and as is set out in Sections 9-2-6(F) and (G) of this chapter. 6. Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream Sewer Pretreaunent Ordinance - Page 30 of 56 formula set out in 40 CFR 403.6(e). 7. Measurement of Pollutants. (a) The categorical pretreatment standards applicable to each regulated process. (b) The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Superintendent or his or her designee, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 9-2-6(F) of this chapter. (c) Sampling must be performed in accordance with procedures set out in Section 9-2-6(G) of this chapter. 8. Certification. A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance and/or additional pretreatment is required to meet the pretreatment standards and requirements. 9. Compliance Schedule. Where pretreatment and/or operation and maintenance activities will be required to comply with this chapter, 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 operation and maintenance activities. (a). This schedule will contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment facilities required for the user to comply with the requirements of this chapter. ExamPles of such milestone dates which the user may select include hiring an engineer, completing preliminary plans, executing contract for purchasing major components, commencing construction, completing construction and other acts which may be necessary to achieve compliance with this chapter. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard or such other date specified by the Superintendent or his or her designee, whichever is earliest. Sewer Pretreatment Ordinance - Page 31 of 56 (b). Under no circumstance shall the City permit a time increment of any single step directed toward compliance which exceeds nine (9) months. (c). The user shall submit a progress report to the Superintendent or his or her designee no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and (d). In no event shall more than nine (9) months elapse between such progress reports to the Superintendent or his or her designee. 10. All data disclosure forms shall be signed by an authorized representative of the user as defined by section 9-2-4(F) of this chapter, and when required by the City, a registered professional engineer. 11. Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the sewer, collection system or POTW; 12. Number and type of employees, and proposed or actual hours of operation; 13. Each product produced by type, amount, process or processes, and rate of production; 14. Type and amount of raw materials processed (average and maximum per day); 15. Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and locations for wastewater sampling and other appurtenances by size, location, and elevation, and all points of discharge to the sewer, collection system or POTW; 16. Time and duration of discharges; and 17. Any other information deemed necessary by the Superintendent or his or her designee to evaluate the wastewater discharge permit application. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. Sewer Pretreatment Ordinance - Page 32 of 56 9-2-4(F) Application Signatories and Certification All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for lmowing violations." 9-2-4(G) Wastewater Discharge Permit Decisions The Superintendent or his or her designee will evaluate the data furnished by the user and may require additional information. Within thirty (30) days of receipt of a complete wastewater discharge permit application, the Superintendent or his or her designee will determine whether or not to issue a wastewater discharge permit. The Superintendent or his or her designee may deny any application for a wastewater discharge permit for cause shown including, but not limited to, the failure to comply with any requirement of this chapter. Notice of the decision of the Superintendent or his or her designee to grant or deny a permit application shall be delivered to the applicant in writing by certified mail. The decision shall be final when it is postmarked for mailing to the applicant. SECTION 9-2-5 - WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS 9-2-5 (A) Wastewater Discharge Permit Duration A wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the Superintendenr or his or her designee. Each wastewater discharge permit will indicate a specific date upon which it will expire. Sewer Pretreatment Ordinance - Page 33 of 56 9-2-5(B) Wastewater Discharge Permit Contents A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Superintendent or his or her designee to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW. Wastewater discharge permits must contain: 1. A statement that indicates wastewater discharge permit duration, which in no event shall exceed five (5) years; 2. A statement that the wastewater discharge permit is nontransferable without prior notification to the Superintendent or his or her designee in accordance with Section 9-2-5(F) of this. chapter, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit; 3. Effluent limits based on applicable pretreatment standards or requirements; 4. Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law; 5. A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or local law. 6. Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization; 7. Requirements for the installation of pretreatment technology, pollution control, or construction of. appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the sewer, collection system or POTW; 8. Requiremer~ts for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges; Sewer Pretreatment Ordinance - Page 34 of 56 9. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the sewer, collection system or POTW; 10. The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the sewer, collection system or POTW, including any fees and charges to be paid at the time of initial issuance; 11. Requirements for installation and maintenance of inspection and sampling facilities and equipment; 12. A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State pretreatment standards, including those which become effective during the term of the wastewater discharge permit; 13. Authorized points of discharge and regulated processes and sampling points and type; 14. Compliance schedules and reporting requirements; 15. Requirements for submission of special technical reports or discharge reports where the same differ from those prescribed by this chapter; 16. Any special agreements the Superintendent or his or her designee chooses to continue or develop between the City and the user; and, 17. Other conditions as deemed appropriate by the Superintendent or his or her designee to ensure compliance with this chapter, and State and Federal laws, rules, and regulations'. 9-2-5 (C) Transfer of Permits Discharge permits are issued to a specific user for a specific operation and are not assignable to another user or transferable to any other location without the prior written approval of the Superintendent or his or her designee. Discharge permits shall be voidable by the City upon cessation of operations or transfer of business ownership. The permit issued to a particular user is void upon the issuance of a new discharge permit to that user. The requirements of Section 9-2-5(F) must also be satisfied. Sewer Pretreatment Ordinance - Page 35 of 56 9-2-5 (D) Extra Jurisdictional Users Any significant, industrial user or minor industrial user located beyond the City limits which is requir.ed to obtain a discharge permit shall submit a permit application as outlined in Section 9-2-4 of this chapter. 9-2-5 (E) Wastewater Discharge Permit Modification The Superintendent or his or her designee or a permittee may file a petition with the Superintendent or his or her designee to modify a wastewater discharge permit for cause shown. Cause includes, but is not limited to, the following reasons: 1. To incorporate any new or revised Federal, State, or local pretreatment standards or requirements; 2. To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance; 3. A change in the sewer, collection system or POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge; 4. Information indicating that the permitted discharge poses a threat to the City's sewer, collection system or POTW, City personnel, or the receiving waters; 5. Violation of any terms or conditions of the wastewater discharge permit; 6. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting; 7. Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13; To correct typographical or other errors in the wastewater discharge permit; 9. To reflect a transfer of the facility ownership or operation to a new owner or operator. Please refer to Section 9-2-5(F) of this chapter for permit transfers. 10. To incorporate special conditions resulting from the issuance of a special order or an enforcement action by the City. Sewer Pretreatment Ordinance - Page 36 of 56 11. To incorporate changes to the City's NPDES Permit. 9-2-5(F) Wastewater Discharge Permit Transfer Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least ninety (90) days advance notice to the Superintendent or his or her designee and the Superintendent or his or her designee approves the wastewater discharge permit transfer. The notice to the Superintendent or his or her designee must include a written certification by the new owner or operator which: 1. States that the new owner and/or operator has no immediate intent to change the facility's operations and processes; 2. Identifies the specific date on which the transfer is to occur; and 3. Aclmowledges full responsibility for complying with the existing wastewater discharge permit. Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer. 9-2-5(G) WaStewater Discharge Permit Revocation The Superintendent or his or her designee may revoke a wastewater discharge permit for cause, including, but not limited to, the following reasons: 1. Failure to notify the Superintendent or his or her designee of significant changes, altering the characteristics of the wastewater, to the wastewater prior to the changed discharge; 2. Failure to provide prior notifiCation to the Superintendent or his or her designee of changed conditions pursuant to Section 9-2-6(A) of this chapter; 3. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application; 4. Falsifying self-monitoring reports; 5. Tampering with monitoring equipment; Sewer Pretreatment Ordinance - Page 37 of 56 6. Refusing to allow the Superintendent or his or her designee immediate access to the facility premises and records upon request; 7. Failure to meet effluent limitations; 8. Failure to pay fines or fees; 9. Failure to pay sewer charges; 10. Failure to meet compliance schedules; 11. Failure to complete a wastewater survey or the wastewater discharge permit application; 12. Failure to provide advance notice of the transfer of business ownership of a permitted facility; or 13. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter. Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user. 9-2-5(H) Re-issuance A user required to have a wastewater discharge permit shall submit a written request for permit renewal at least sixty (60) days prior to permit expiration. The Superintendent or his or her designee shall then provide the user with the necessary renewal forms and instructions. A user, whose existing discharge permit has expired and has submitted its renewal application request within the specified time period, shall be deemed to have an effective discharge permit until the Superintendent or his or her designee issues or denies a new discharge permit. A user whose existing discharge permit has expired and who failed to submit a renewal application request within the specified time period, shall be deemed to be discharging without a discharge permit in violation of this chapter. Sewer Pretreatment Ordinance - Page 38 of 56 9-2-5(I) Wastewater Discharge Appeals/Procedures 1. Except as otherwise provided, any person injured by a decision of the Superintendent or his or designee made pursuant to this chapter may appeal the decision by filing a petition with the Superintendent or his or her designee within twenty (20) days after the decision becomes final. A decision granting a permit or variance becomes final when the permit is issued. A decision denying a permit or request for a variance becomes final when the decision is postmarked for mailing to the applicant. Any other decision becomes final when it is postmarked for mailing. 2. Filing of Written Petition: The written petition must be filed with the Superintendent or his or her designee within the time period set forth in paragraph 1 of this section. Failure to submit a timely petition shall be deemed a waiver of the right to appeal. 3. Indicate Objections: In its petition, the appealing party must indicate the sPecific decision objected to, and the reasons for this objection. 4. Permit Not Stayed Pending Appeal: The effectiveness of the permit shall not be stayed pendingthe appeal. 5. The Superintendent shall respond in writing to the appeal within twenty (20) days after the petition is received by the Superintendent. 6. Appeal Decision of Superintendent: Decisions of the Superintendent regarding the appeal may be appealed to the Meridian Board of Appraisers by filing a written request for appeal with the Board of Appraisers within ten (! 0) days after the decision of the Superintendent is postmarked for mailing to the appellant. The Board of Appraisers shall hold a hearing on the appeal. The appealing party may appear and present evidence and testimony at such hearing. The decision of the Board of Appraisers regarding the petition shall be in writing. 7. Appeal Meridian Board of Appraisers' Decision: The decision of the Board of Appraisers may be appealed to the City Council by filing a notice requesting appeal with the City Clerk's office within ten (10) days after the decision is postmarked for mailing. The City Council may, in its discretion, decide the appeal based solely upon the facts determined by the Board of Appraisers. The decision of the City Council becomes final when it is postmarked for mailing to the appellant. 8. Aggrieved parties seeking judicial review of a final administrative decision made Sewer Pretreatment Ordinance - Page 39 of 56 pursuant to this chapter must do so by filing a complaint with the Clerk of the Court of Ada Countyi Idaho, within twenty-eight (28) days after the'date the decision becomes final. SECTION %2-6 -ADDITIONAL REPORTING REQUIREMENTS 9-2-6(A) Reports of Changed Conditions Each user must notify the Superintendent or his or her designee of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least ninety (90) days before the change, unless otherwise agreed by the Superintendent. The Superintendent or his or her designee may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 9-2-4 of this chapter. 2. The Superintendent or his or her designee may issue a wastewater discharge permit under Section 9-2-4(E) of this chapter or modify an existing wastewater discharge permit under Section 9-2-5(E) of this chapter in response to changed conditions or anticipated changed conditions. 3. For purposes of this requirement, significant changes include, but are not limited to, flow increases of five percent (5%) or greater, and the discharge of any previously unreported pollutants. 9-2-6(B) Reports of Potential Problems 1. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the Superintendent or his or her designee of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user. 2. Within five (5) days following such discharge, the user shall, unless waived by the Superintendent or his or her designee, submit a detailed written report describing the cause(s) of the discharge and the measures to be talcen by the user to prevent similar future occurrences. Such notification shall not relieve the user of any Sewer Pretreatment Ordinance - Page 40 of 56 expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notificatiOn relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter. 3. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in paragraph A of this section. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure. 9-2-6(C) Reports from Unpermitted Users All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Superintendent or his or her designee as the Superintendent or his or her designee may require. 9-2-6(D) Notice of Violation/Repeat Sampling and Reporting If sampling performed by a user indicates a violation, the user must notify the Superintendent or his or her designee within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Superintendent or his or her designee within thirty (30) days after becoming aware of the violation. The user is not required to resample if the Superintendent or his or her designee monitors at the user's facility at least once a month, or if the Superintendent or his or her designee samples between the user's initial sampling and when the user receives the results of this sampling. 9-2-6(E) Notification of the Discharge of Hazardous Waste 1. Any user who commences the discharge of hazardous waste shall notify the Superintendent or his or her designee, the EPA Regional Waste Management Division Director, and State hazardous waste authorities, in writing, of any discharge into the sewer, collection system or POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other), an identification of the hazardous constituents contained in the wastes, an estin~ation of the mass and concentration of such constituents in the waste Sewer Pretreatment Ordinance - Page 41 of 56 stream discharged, and an estimation of the mass of constituents in the waste stream. All notifications must take place within twenty-four (24) hours after the discharge commences. 2. This pro, sion does not create a right to discharge any substance not otherwise permitted to be discharged by this ordinance, a permit issued thereunder, or any applicable Federal or State law. 9-2-6(F) Analytical Requirements All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless othe~vise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the Superintendent or his or her designee. 9-2-6(G) Sample Collection 1. Except as indicated in Section 2, below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the Superintendent or his or her designee may authorize the use of time proportional sampling or a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits. 2. Samples for fats, oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques. 9-2-6(H) Timing Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern. 9-2-6(I) Record Keeping ? Users subiect to the reporting requirements of this chapter shall retain, and make Sewer Pretreatment Ordinance - Page 42 of 56 available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) talcing the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. A copy of these records shall remain available for inspection at the facility for a period of at least three (3) calendar years after the date the record is made. This period shall be automatically extended for the duration of any litigation concerning the user or the City, or where the user has been specifically notified of a longer retention period by the Superintendent or his or her designee. SECTION 9-2'7 - COMPLIANCE MONITORING : 9-2-7(A) Monitoring Facilities 1. Facilities Provided By User; Accessible Location: 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 or the Superintendent or his or her designee, such monitoring facilities shall be provided at the end of a process or production unit from which regulated toxic pollutants are discharged. 2. Construction And Maintenance: All monitoring facilities shall be constructed and maintained in accordance with all applicable construction standards and specifications. 9-2-7(B) Right of Entry: Inspection and Sampling The Superintendent or his or her designee shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this chapter and any wastewater discharge permit or order issued hereunder. Users shall allow the Superintendent or his or her designee ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties. The City, or its representatives, shall Sewer Pretreaunent Ordinance - Page 43 of 56 present credentials of identification and enter upon the premises of the user at reasonable hours, including any hours of operation or discharging. 1. Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification the Superintendent, or his or her designee, will be permitted to enter without delay for the purposes of performing specific responsibilities. 2. The Superintendent or his or her designee shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or monitoring of the user's operations. 3. The Superintendent or his or her designee, may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated as per manufacturer's instructions to ensure their accuracy. All records of calibration shall remain at the facility for potential inspection by the City. , 4. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Superintendent or his or her designee and shall not be replaced. The costs of dearing such access shall be borne by the user. 9-2-7(C) Search Warrants If the Superintendent or his or her designee has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this ordinance or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Superintendent or his or her designee may seek issuance of a search warrant from the Court of proper jurisdiction located in Ada County, Idaho. SECTION 9-2~8 - CONFIDENTIAL INFORMATION Information and data on a user obtained from reports, surveys, wastewater discharge Sewer Pretreatment Ordinance - Page 44 of 56 permit applications, wastewater discharge permits, monitoring programs, inspection or sampling activities, shall be available to the public without restriction, unless the user specificall); requests, and is able to demonstrate to the satisfaction of the Superintendem or his or her designee, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable Federal or State law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclOse trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person fun~ishing the report. Wastewater constituents and characteristics and other effluent data as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction. SECTION 9-2;9 - PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE The Superintendent or his or her designee shall publish annually, in the official City newspaper, a list of the users which, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards or requirements. The term significant noncompliance shall mean: A. Chronic violations of pollutant specific wastewater discharge limits defined here as those in which two-thirds (2/3) or more of wastewater measurements taken during a six (6): month period exceed the daily maximum limit or average daily limit for this pollutant; B. Technical Review Criteria (TRC) violations, defined here as those in which one-third (1/3)'or more of wastewater measurements talcen for each regulated pollutant parameter during a six(6) month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (!.4 for BOD, TSS, 'fats, oils and grease, and 1.2 for all other pollutants except pH); C. Any other discharge violation that the Superintendent or his or her designee believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public; Sewer Pretreatment Ordinance - Page 45 of 56 D. Any discharge of pollutants that has caused or may cause imminent endangerment to the public or to the environment, or has caused the Superintendent or his or her designee to exercise its emergency authority to halt or prevent such a discharge; E. Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance; F. Failure to provide within thirty (30) days after the due date, any required reports, includi:ag 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 Any other violation(s) which the Superintendent or his or her designee determines will adversely affect the operation or enforcement of the City's pretreaunent program. SECTION 9-2-10 - ADMINISTRATIVE ENFORCEMENT REMEDIES 9-2-10(A) Water Supply Severance Whenever a user has violated or continues to violate any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply. 9-2-10(B) Emergency Suspension Of Service And Revocation Of Permit The City may, ~after informal notice to the user in writing or in person or by telephone, revoke the 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: 1) presents or threatens an imminent or substantial danger to the health or welfare of persons or to the environment; or 2) 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 immediately comply with the suspension order, the City may immediately take all necessary steps Sewer Pretreatment Ordinance - Page 46 of 56 to halt or prevent any further discharge by such user into the sewer, collection system or POTW. The City shall have the authority to physically cap, block or seal the user's sewer lin~ (whether on public or private property) in order to terminate service under this Section. The City shall have the right to enter upon the user's property to accomplish the'capping, blocldng or sealing of the user's sewer line. The City may reinstate the wgstewater 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. 9-2-10(C) Notification of Violation When the Superintendent or his or her designee finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent or his or her designee may serve upon that user a written Notice of Violation. Within twenty (20) days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Superintendent~ or his or her designee. Submission of this plan in no way relieves the user of liability~for any violations occurring before or after receipt of the Notice of Violation. Nothing in th~section shall limit the authority of the Superintendent or his or her designee to tal~e any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation. The user shall be given the opportunity to meet with the Superintendent or his or her designee 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. 9-2-10(D) Consent Orders The Superintendent or his or her designee may enter into Consent Orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Sections 9-2-10(E) and 9-2-10(F) of this chapter and shall be judicially enforceable. 9-2-10(E) Show Cause Hearing Sewer Pretreatment Ordinance - Page 47 of 56 The Superinten. dent or his or her designee may order a user which has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Superintendent or his or her designee and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the prop°sed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user. The information and evidence presented at the hearing shall be considered by the Superintendent or his or her designee, who shall then enter appropriate findings of fact, conclusions of law and orders with respect to the alleged violations of the user. An appeal of such orders may be taken pursuant to the provisions of Section 9-2-5(I) of this chapter. 9-2-10(F) Cease and Desist Orders When the Superintendent or his or her designee finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Superintendent or his or her designee may issue an order to the user directing it to cease and desist all such violations and directing the user to: Immediately comply with all requirements; and 2. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user. 9-2-10(G) Administrative Fines 1. When the Superintendent or his or her designee finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent or his or her designee may fine such user in an amount not to exceed One Thousand Dollars ($1,000.00) per violation. Each day upon which a violation Sewer Pretreatment Ordinance - Page 48 of 56 occurs or continues shall constitute a separate violation. 2. If the administrative fine, charge or penalty remains unpaid after thirty (30) calendar days, interest shall accrue thereon at the rate of one percent (1%) per month. A lien against the user's property will be sought for unpaid charges, fines, and penalties. 3. Users desiring to dispute such fines must file an appeal pursuant to the provisions of Section 9-2-5(I) of this chapter. 4. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, talcing any other action against the user. 9-2-10(H) Termination of Discharge In addition to the provisions contained in Section 9-2-5(G) of this chapter, any user who violates the following conditions is subject to discharge termination: 1. Violation of wastewater discharge permit conditions; 2. Failure to accurately report the wastewater constituents and characteristics of its discharge; 3. Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge; 4. Refusal of reasonable access to the user's premises for the purpose of inspection, mor. fitoring, or sampling; 5. Violation of the pretreatment standards in Section 2 of this chapter; or 6. Violation of any other provision contained in this chapter. Such user will be notified of the proposed termination of its discharge and be offered an opportunity,to show cause under Section 9-2-10(E) of this chapter why the proposed action, should not be taken. Exercise of this option by the Superintendent or his or her designee shall not be a bar to, or a prerequisite for, talcing any other action against the user. Sewer Pretreatment Ordinance - Page 49 of 56 SECTION 9-2-1 1 - JUDICIAL ENFORCEMENT REMEDIES 9-2-11(A) Inj.unctive Relief When the Superintendent or his or her designee finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent or his or her designee may petition the Fourth Judicial District Court of Ada County, Idaho through the City's Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this ordinance on activities of the user. The Superintendent or his or her designee may also seek such other action as is appropriate for legal and/or equitable relief, including a req-~irement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user. 9-2-11 (B) Civil Penalties 1. A user who has violated, or continues to violate, any provision of this chapter, a wastewater di. scharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the City for a maximum civil penalty of One Thousand Dollars ($1,000.00) per violation, per day. 2. The Superintendent or his or her designee may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City. 3. In determining the amount of civil liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm 'cauSed by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires. 4. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, talcing any other action against a user. 9-2-11 (C) ReCovery of Costs Incurred by City Sewer Pretreatment Ordinance - Page 50 of 56 Any person who violates any of the provisions of this chapter and who causes, either directly or indirectly, damage to or impairs in any way the City's sewer, collection system or POTW shall be liable to the City for any expense, loss or damage caused by such.violation. 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 chapter 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 chapter. 9-2-1 1 (D) Criminal Prosecution Any person who willfully or recklessly violates any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, and shall be prosecuted and punished accordingly. In addition, any person who knowingly malces any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, shall, upon conviction, be guilty of a misdemeanor and shall be prosecuted and punished accordingly. 9-2-11 (E) Costs and Attorney Fees In any action brought to enforce this chapter, the City shall be entitled to an award of its costs and attorney fees incurred in prosecuting the action. 9-2-11 (F) Remedies Nonexclusive The remedies provided for in this chapter are not exclusive. The Superintendent or his or her designee may take any, all, or any combination of these actions against a noncompliant user. Further, the Superintendent or his or her designee is empowered to talce more than one enforcement action against any noncompliant user. SECTION 9-2~12 - SUPPLEMENTAL ENFORCEMENT ACTION 9-2-12 (A) Performance Bonds Sewer Pretreatment Ordinance - Page 51 of 56 The Superintendent or his or her designee may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this chapter,' a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bofid, payable to the City, in a sum not to exceed a value determined by the Superintendent or his or her designee to be necessary to achieve consistent compliance. SECTION 9-2-13 -AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS 9-2-13(A) Upset 1. For the purposes of this section, upset means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. 2. An upset: shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of paragraph (3), below, are met. 3. A user Who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (a) An upset occurred and the user can identify the cause(s) of the upset; (b) The facility was at the time being operated in a prudent and workman-like manner and in tcompliance with applicable operation and maintenance procedures; and (c) The user has submitted the following information to the Superintendent or his or her designee 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) working days]:- (i) A description of the discharge and cause of noncompliance; Sewer Pretreatment Ordinance - Page 52 of 56 (ii) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and (iii) Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance. 4. In any enforcement proceeding, the user seeldng to establish the occurrence of an upset shall have the burden of proof. 5. Users shall control production of all discharges to the extent necessary to maintain compliance with categorical 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. 9-2-13 (B) prOhibited Discharge Standards A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in Section 9-2-2 (A) ( 1 ) of this chapter or the specific prohibitions in Sections 9-2-2(A)(2)(c) through g &i through x and 9-2-2(C) or 9-2-2(D) of this chapter if it can prove that it did not know, or have reason to lmow, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either: 1. 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' 2. No local limit exists, but the discharge did not change substantially in nature or constituents' from the user's prior discharge when the City was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements. 9-2-13(C) BYPass 1. For the purposes of this section, (a) Bypass means the intentional or unintentional diversion of waste streams from any portion of a user's treatment facility. Sewer Pretreatment Ordinance - Page 53 of 56 (b) Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 2. A user may allow a bypass to occur which does not cause pretreatment standards or requirements to be violated, only if it is for the purpose of completing essential maintenance to ensure efficient operation of its pretreatment facilities. ' 3. (a) If a user knows in advance of the need for a bypass, it shall submit prior notice to the Superintendent or his or her designee, at least ten (10) days before the date of the bypass, if possible. (b) A user shall submit oral notice to the Superintendent or his or her designee of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has .not been corrected, the anticipated time it is expected to continue; and steps talcen or planned to reduce, eliminate, and prevent reoccurrence of the bypass. 4. (a) Bypass is prohibited, and the Superintendent or his or her designee may take an enforcement action against a user for a bypass, unless (i) The Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (ii) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (iii) The user submitted notices as required under paragraph (3) of this section. Sewer Pretreatment Ordinance - Page 54 of 56 (b) The Superihtendent or his or her designee may approve an anticipated bypass, after considerirtg its adverse effects, only if the Superintendent or his or her designee determines that it will meet the three conditions listed in paragraph 4(a) of this section. SECTION 9-2-14 - WASTEWATER TREATMENT RATES Wastewater treatment rates and charges shall be set by resolution of the Meridian City Council. SECTION 9-2-15 - MISCELLANEOUS PROVISIONS 9-2-15 (A) Pretreatment Charges and Fees The City Council may adopt reasonable fees for reimbursement of costs of setting up and operating the City's Pretreatment Program which may include: 1. Fees for wastewater discharge permit applications including the cost of processing such applications; 2. Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports submitted by users; 3. Fees for reviewing and responding to accidental discharge procedures and construction; 4. Fees for filing appeals; and 5. Other fees as the City Council may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this ~chapter and are separate from all other fees, fines, and penalties chargeable by the City. 9-2-15(B) Severability If any provision of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions shall not be effected and shall continue in full force and effect. Sewer Pretreatment Ordinance - Page 55 of 56 Section 3: All ordinances, resolution, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. Section 4: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any portion as may be declared invalid. Section 5: SAVINGS CLAUSE: This ordinance does not affect an action or proceeding commenced or right accrued before this ordinance takes effect. Section 6: DATE OF EFFECT: This ordinance shall be in full force and effect immediaiely following its passage, approval, and publication, as provided by law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2~r~ day of .~f-~a~.J ,2001. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~ rgt~ day of ,Y-a~,u-a,-zJ ,2 O01. ~'~i~P~)]: l(obert D. Corrie - Sewer Pretreatment Ordinance - Page 56 of 56 WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. ATTORNEYS AT LAW CRRISTO~H£R S. NY~ 200 EAST CARLTON AVENUE, SUITE 51 ~H[LIP A- ~TERSOTM POST OFFICE BOX 1150 ~mc S. ROSSM^~ MERI DIAN, IDAHO 83680-1150 TODD A. RO$SMAN ])AVID M. SWt~aT~¥ TEL (208) 288-2499 T~L~qqCS I~. WHITE** FAX (208) 258'2501 February 9, 2001 NAMPA OFFICE 104 NINTH AVENUE SOUTH FOST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL (208) 466-9272 FAX (208) 466-4405 PLEASE RI~PL¥ TO MERIDIAN OFFICE William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 Re: Ordinance No. 01-906, Summary of Publication Dear Will: Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the ordinance providing for sewer pretreatment, pursuant to the City's action. I do hereby advise the City, and make this statement, that said summary is true and complete and provides adequate notice to the public of the provisions of said ordinance. You are hereby directed to file this statement with the ordinance, pursuant to the provisions of Idaho Code § 50-901 (A). Wm. F. NidhB1~~' Enclosure Z:\WorkkMkMeridianWIeridian 15360M\Ordinances City HallL200i OrdinanceskBergSumOrd02010lLtr.wpd NOTICE AND PUBLISHED SUMMARY OR ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 01-906 PROVIDING FOR SEWER PRETREATMENT An Ordinance of the City of Meridian repealing Title 9 Chapter 2 relating to Sewer Pretreatment; to enact a new Title 9 Chapter 2 Sewer Pretreatment; and to provide for General Provisions, General Sewer Use Requirements, Pretreatment of Wastewater, Wastewater Discharge Permit Application, Wastewater Discharge Permit Issuance Process, Additional Reporting Requirements, Compliance Monitoring, Confidential Information, Publication of Users in Significant Noncompliance; Administrative Enforcement Remedies, Judicial Enforcement Remedies, Supplemental Enforcement Action, Affirmative Defenses to Discharge Violations, Wastewater Treatment Rates, Miscellaneous Provisions, Providing for effect of invalidity; Providing a saving clause and providing that all ordinances and resolutions in conflict are repealed and rescinded; and providing an effective date. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the ~.3 an day of ~7~~ ,2001. C'~y of Meridian ~ ~ g Mayor ~d City Council ~ ~ d ~ By: William G. Berg, Jr., City Clerk ~.. ~ 1~ ~ ,?: Z:~Work~eri~an~eridian 15360MSOrdinances City Hall~001 Ordinances~SumOrdSewerPre~nt,~d