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RESOLUTIONS IN CONFLICT ARE REPEALED AND RESCINDED; AND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Code is hereby:repealed.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
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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
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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
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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.
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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
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'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
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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