It is necessary for the health, safety, and welfare of the residents of the city to regulate the collection of wastewater and treatment thereof to provide for maximum public benefit. This chapter sets forth uniform requirements for users of the city's publicly owned treatment works (POTW) and enables the city to comply with all applicable state and federal laws and regulations. The objectives of this chapter are:

(A) To prevent the introduction of pollutants into the publicly owned treatment works (POTW) which would interfere with the operation of the system or contaminate the resulting sludge;

(B) To prevent the introduction of pollutants into the POTW wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system;

(C) To improve the opportunity to recycle and reclaim wastewaters and sludges from the system;

(D) To provide for the equitable distribution among users of the cost of the POTW; and

(E) To provide for and promote the general health, safety, and welfare of the citizens residing within the city.

This chapter provides for the regulation of users of the POTW through the issuance of permits to certain nondomestic users and through enforcement of general requirements for other users, authorizes monitoring and enforcement activities, requires user reporting, and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

This chapter shall apply to persons in the city, and to persons outside the city who are, by contract or agreement with the city, users of the city POTW. Except as otherwise provided herein, the director of public works shall administer, implement, and enforce the provisions of this chapter. (Ord. 463 §7, 1981; Ord. 909 §1, 1991)

Words and phrases used in this chapter shall be as defined in this section, unless the context clearly indicates otherwise.

(A) Act or the Act shall mean the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251, et seq.

(B) Acutely hazardous waste shall mean any waste designated as such by the Code of Federal Regulations, title 40, section 261.

(C) Approval authority shall mean the Director of the Colorado Department of Health at such time as Colorado has an approved State Pretreatment Program and the Regional Administrator of the EPA until such time.

(D) Authorized representative of industrial user shall mean:

(1) If the user is a corporation:

a. The president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or

b. The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding

$25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(2) 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.

(4) The individuals described in subsections (1) through (3) above may designate another authorized representative if the authorization is made in writing, the authorization specifies the individual or a position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city.

(E) Biochemical oxygen demand (BOD) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures (five days at twenty degrees centigrade) expressed in terms of weight and concentration (mg/l).

(F) Building sewer shall mean a sewer conveying wastewater from the premises of a user to the POTW.

(G) Chemical oxygen demand shall mean the oxygen equivalent of that portion of organic matter in a wastewater sample that is susceptible to oxidation by a strong chemical oxidant, expressed in terms of weight and concentration (mg/l).

(H) Code shall mean the Broomfield Municipal Code.

(I) Categorical industry shall mean one of the industries for which the EPA has established or is in the process of establishing categorical pretreatment standards.

(J) Composite sample shall mean a representative flow-proportioned or time-proportioned sample collected within a twenty-four-hour period composed of a minimum of four individual samples collected at equally spaced intervals and combined according to flow or time.

(K) Cooling water shall mean water to which the only pollutant added is heat.

(L) Critical industry shall mean a user
which is a categorical industry or which is
required to report the storage of hazardous
materials pursuant to the requirements of chapter 8-36 of this code. This includes both significant and potential contributors.

(M) Director of public works or director shall mean the director of public works of the city or his or her designee.

(N) Direct discharge shall mean the discharge of treated or untreated wastewater directly to the waters of the state.

(O) Domestic or sanitary wastes shall mean liquid wastes 1) from the noncommercial preparation, cooking, and handling of food, or 2) containing only human excrement and similar matter from the sanitary conveniences of dwellings, commercial buildings, industrial facilities, and institutions.

(P) Environmental Protection Agency or EPA shall mean the U.S. Environmental Protection Agency, or where appropriate, the term may also be used as a designation for the administrator or other duly authorized official of said agency.

(Q) Existing user shall mean an industrial user which is in operation at the time of promulgation of categorical pretreatment standards.

(R) Fats, oil, or grease (FOG) shall mean any hydrocarbons, fatty acids, soaps, fats, waxes, oils, and any other material that is extracted by Freon solvent, as specified in standard methods.

(S) Garbage shall mean solid wastes from domestic and commercial preparation, cooking and dispensing of food, and handling, storage,, and sale of produce. Properly ground garbage shall mean the wastes from the preparation, cooking, and dispensing of foods that have been ground to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particles greater than one-half inch in any dimension.

(T) Grab sample shall mean a sample which is taken from a waste stream on a one-time basis with no regard to the flow or time.

(U) Harmful wastes shall mean any solid, liquid, or gaseous substances which would violate the prohibitions contained in section 13-28-040.

(V) Hazardous waste shall mean any waste containing substances or characteristics listed as such under the Code of Federal Regulations, title 40, section 261.

(W) Indirect discharge shall mean the discharge or the introduction of nondomestic pollutants from any source regulated under section 307(b) or (c) of the Act (33 U.S.C. § 1317(b) or (c)) into the POTW.

(X) Industrial shall mean of or pertaining to industry, manufacturing, commerce, trade, or business, as distinguished from domestic or residential.

(Y) Industrial user shall mean a source of indirect discharge.

(Z) Industrial wastes shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from domestic or sanitary wastes.

(AA)  Interference shall mean a discharge which, alone or in conjunction with a discharge or discharges from other sources, both:

(1) Inhibits or disrupts the POTW treatment processes, operation, or sludge processes, use, or disposal; and

(2) Therefore is a cause of violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations); section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA), (including title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including state regulations contained in any state sludge management plan prepared pursuant to subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.

(BB)  Latent contributor shall mean any critical industry which under normal operations does not discharge pollutants in excess of federal, state, or local pretreatment standards.

(CC)  National categorical pretreatment standard or categorical pretreatment standard shall mean any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the Act (33 U.S.C. § 1317(b) or (c) which applies to a specific category of industrial user.

(DD)  National pollutant discharge elimination system (NPDES) shall mean the program for issuing, conditioning, and denying permits for the discharge of pollutants from point sources into navigable waters of the contiguous zone and the oceans pursuant to section 402 of the Act (33 U.S.C. § 1342).

(EE)  National Pollution discharge elimination system permit or NPDES permit shall mean a permit issued pursuant to section 402 of the Act (33 U.S.C. § 1342).

(FF)  National prohibitive discharge standard or prohibitive discharge standard shall mean any regulation developed under the authority of section 307(b) of the Act (33 U.S.C. § 1317(b)).

(GG)  Pass through shall mean a discharge which exits the POTW into state waters in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of violation of any requirement or the POTW's NPDES permit.

(HH)  pH shall mean the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in moles per liter of solution.

(II)  Pollutant shall mean any dredged spoil, solids, incinerator residue, sewage, garbage, sewage sludge, explosives, chemical wastes, corrosive substance, biological material, biological nutrient, toxic substance, radioactive material, heat, malodorous substance, wrecked or discharged equipment, rock, sand, slurry, cellar dirt, untreatable waste, or industrial, domestic, or agricultural waste discharged into or with water.

(JJ)  Pretreatment or treatment shall mean the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical, or biological processes, or other means, except that dilution shall not constitute treatment or pretreatment.

(KK)  Pretreatment requirements shall mean any substantive or procedural requirement related to pretreatment, other than a categorical pretreatment standard imposed on an industrial user, and shall include conditions of a wastewater discharge permit.

(LL)  Pretreatment standards shall mean all applicable federal rules and regulations implementing section 307 of the Act (33 U.S.C. § 1317), as well as any nonconflicting state or local standards. In cases of differing standards or regulations, the more stringent shall apply.

(MM)  Priority pollutants shall mean any of the various toxic compounds that can reasonably be expected in the discharges from industries as determined by the EPA, pursuant to section 307(a) of the Act (33 U.S.C. § 1317(a)).

(NN)  Private sewage disposal system shall mean any sewage disposal system other than public facilities, such as privies, privy vaults, septic tanks, soil absorption system, cesspools, chemical toilets, package treatment plants, or similar facilities which

receive or are intended to receive wastewater and which are not connected to the POTW; but this term shall not include any treatment plant which has a valid NPDES permit.

(OO)  Process wastewater shall mean any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product.

(PP)  Publicly owned treatment works (POTW) shall mean a treatment works as defined by section 212 of the Act (33 U.S.C. § 1292) which is owned, in this instance, by the city. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers, or other conveyances not connected to a facility providing treatment. For the purposes of this chapter, POTW shall also include any sewers that convey wastewaters to the POTW from persons outside the city who are, by contract or agreement with the city, users of the city's POTW.

(QQ)  POTW treatment plant shall mean that portion of the POTW designed to provide treatment to wastewater.

(RR)  Receiving waters shall mean lakes, rivers, streams, or other surface or subsurface water courses which receive treated or untreated wastewater.

(SS)  Receiving water quality requirements shall mean requirements for the POTW's treatment plant effluent established by applicable state or federal statutes or regulations for the protection of receiving water quality. Such requirements shall include effluent limitations, and waste discharge standards, requirements, limitations, or prohibitions which may be established or adopted, from time to time.

(TT)  Sanitary sewer shall mean a sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted, including the pipe or conduit system and appurtenances, for the collection, transportation, pumping, and treatment of sewage. This definition shall also include the terms public sewer, sewer system, POTW sewer, and sewer.

(UU)  Service connection shall mean a sewer line intended for discharging wastewater into the city's POTW and commencing at a structure or facility and terminating at a sewer main.

(VV)  Sewer main shall mean that portion of the city's POTW used for the collection and transportation of wastewater to treatment facilities and which has been installed for the express purpose of allowing service connections to be made thereto.

(WW)  Shall and will are mandatory.

(XX)  Significant contributor or significant industrial user shall mean:

(1) An industry subject to categorical pretreatment standards, or

(2) An industry that discharges an average of 25,000 gallons per day or more of process wastewater to the POTW, contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant, or

(3) Is designated by the director on the basis that the industry has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

(YY)  Significant noncompliance (SNC) shall mean any industrial user is in significant noncompliance if its violation meets one or more of the following criteria:

(1) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;

(2) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);

(3) Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the Control Authority determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public);

(4) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare, or the environment or has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge;

(5) Failure to meet, within ninety days after the schedule date a compliance schedule

milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;

(6) Failure to provide, within thirty days after the due date, required reports such as baseline monitoring reports, thirty-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

(7) Failure to accurately report noncompliance;

(8) Any other violation or group of violations which the Control Authority determines will adversely affect the operation or implementation of the local pretreatment program.

(ZZ)  Slug load shall mean any pollutant, including oxygen-demanding pollutants, released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the POTW.

(AAA)  Standard industrial classification (SIC) shall mean a classification pursuant to the "Standard Industrial Classification Manual" issued by the Executive Office of the President-Office of Management and Budget, as it may be revised from time to time.

(BBB)  Standard methods shall mean procedures described in the latest edition of "Standard Methods for the Examination of Water and Wastewater" as published by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation.

(CCC)  Storm sewer shall mean a sewer that carries only storm, surface, and ground water drainage.

(DDD)  Storm water shall mean any flow occurring during or following any form of normal precipitation and resulting therefrom.

(EEE)  Total suspended solids shall mean the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquids, and which is removable by laboratory filtering and referred to in "Standard Methods for the Examination of Water and Wastewater" as suspended residue.

(FFF)  Toxic pollutant shall mean any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the EPA under the provisions of section 307(a) of the Act (33 U.S.C. § 1317(a)).

(GGG) User and/or person shall mean an individual, corporation, partnership, association, state, municipality commission, or political subdivision of a state or any interstate body who contributes, or causes or permits the contribution of, wastewater into the city's POTW.

(HHH) Wastewater or sewage shall mean the combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, including cooling water.

(III) Wastewater discharge permit shall mean the permit provided for in section 13-28-060 of this chapter.

(JJJ) Terms not otherwise defined. Terms not otherwise defined herein shall have the meanings adopted in the latest edition of "Standard Methods for Examination of Water and Wastewater" published by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation.

(KKK) Abbreviations: The following abbreviations shall have the designated meanings.

(1) BOD shall mean biochemical oxygen demand.

(2) C.F.R. shall mean the Code of Federal Regulations.

(3) COD shall mean chemical oxygen demand.

(4) EPA shall mean the Environmental Protection Agency.

(5) FOG shall mean fats, oils, and grease.

(6) mg/l shall mean milligrams per liter.

(7) NH3-N shall mean ammonia as nitrogen.

(8) NPDES shall mean the National Pollutant Discharge Elimination System.

(9) O & M shall mean operations and maintenance.

(10) POTW shall mean publicly owned treatment works.

(11) SNC shall mean significant noncompliance.

(12) TSS shall mean total suspended solids.

(13) U.S.C. shall mean United States Code. (Ord. 463 §7, 1981; Ord. 1041 §§1, 2, 1994)

(A) Connection required. The owner of every house, building, or structure used for human occupancy, employment, or recreation, situated within the city is hereby required, at his or her expense, to install suitable toilet facilities in accordance with the International Plumbing Code or International Residential Code, as adopted in title 15 of this code, and to connect such facilities with the POTW or a treatment plant with a valid NPDES permit in accordance with the provisions herein within thirty days after the date of official notice to do so, provided that a sanitary sewer main is within 100 feet of the owner's property line. Any septic tank, cesspool, privy, or similar private disposal facilities shall, upon such notice, be immediately emptied and filled with suitable material as determined by the director of public works. No persons shall discharge, or allow to be discharged, any wastewater except as follows:

(1) By a direct service connection to a city sewer main, which connection has been authorized by the director of public works; or

(2) By transporting in a safe and sanitary manner to a landfill or other disposal site approved by public health officials and capable of accepting the type of harmful wastes involved; or

(3) By a service connection to a treatment plant with a valid NPDES permit where such connection is approved by the director of public works.

(B) Service connection permit required. No person other than city personnel or other persons authorized by the city shall undertake maintenance and repair work on, uncover, open into, make service connections with, use, alter, or disturb any portion of the city's POTW or manhole covers without first obtaining a city service connection permit. All service connections shall be at the permittee's expense, shall comply with all applicable provisions of this chapter and all applicable city standards and specifications and provisions of this code, as may be adopted from time to time, and shall be subject to all applicable fees and charges as may be established by the city.

(C) Outhouses prohibited. No person shall erect or maintain any outhouse or privy within the city; except that chemical toilets shall be permitted at construction sites.

(D) Discharge of sewage. All sewage shall be discharged to sanitary sewers through authorized connections. No person shall discharge any sewage from any premises within the city into or upon any stream, watercourse, or public property, or into any drain, cesspool, or storm sewer.

(E) Storm water. No person shall make a connection which would allow any storm water, surface water, groundwater, roof runoff, subsurface drainage, or cooling water to discharge into any sanitary sewer, except as hereinafter provided. The city manager or a designee thereof may issue a permit to allow a sump pump in a structure or building to discharge into the sanitary sewer if the installation of a sump pump meets the following criteria:

(1) Such installation will not significantly reduce the capacity of the sanitary system as a result of the volume and rate of discharge from the sump pump;

(2) The quality of the water discharged from the sump pump will not impair the operating functions of the sanitary sewer system; and

(3) The sump pump and discharge piping are properly installed in accordance with the requirements of chapter 15-24, B.M.C.

Upon ten days' written notice to a permittee, the city manager or a designee thereof may revoke a sump pump permit should the discharge from a sump pump violate (1), (2), or (3) above.

(F) Hazardous waste. Any industry which discharges into the POTW a substance, which, if otherwise disposed of, would be a hazardous waste, shall comply with the requirements in the Code of Federal Regulations, title 40, section 403.12(P). (Ord. 463 §7, 1981; Ord. 567 §1, 1984; Ord. 909 §1, 1991; Ord. 1204 §1, 1996; Ord. 1858 §4, 2008)

(A) Prohibited discharges, specific categories. No person shall contribute or cause to be contributed, directly or indirectly, into the POTW any pollutant or wastewater which will interfere with the operation or performance of the POTW. These general prohibitions apply to all users of a POTW, whether or not the user is subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements. No person shall contribute the following substances to the POTW:

(1) Explosives or flammable wastes, which shall include 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 any other way to the POTW or to the operation of the POTW. At no time shall two successive readings of any explosion hazard meter, at the point of discharge into the sys-tem (or at any point in the system) be more than five

percent nor any single reading over ten percent of the lower explosive limit of the meter, nor shall any wastestream at point of discharge have a closed cup flashpoint of less than 140 degrees Fahrenheit (60º Centigrade) using the test methods specified in the Code of Federal Regulations, title 40, section 261.21. Prohibited materials include, but are not limited to, gasoline, fuel oil, diesel fuel, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, and sulfides, and any other substances which the director, the state, or the EPA has notified the user is a fire hazard or an explosive hazard to the POTW.

(2) Solids, which shall include solid or viscous substances which may, by reason of their quantity, cause or may cause obstruction to the flow in a sanitary sewer or other interference with the operation of the POTW or service connection such as, but not limited to, grease, garbage with particles greater than one-half inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides, or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, fabrics, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes, cement, concrete, plaster, gravel, hay hooves, lime slurry or sludge, paint, or chemical residues.

(3) Corrosive wastewater, which shall include wastewater having a pH less than 5.0, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the POTW.

(4) Toxic wastewater, which shall include any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with any wastewater treatment process, to constitute a hazard to humans or animals, to create a toxic effect in the receiving waters of the POTW, to contaminate the sludge of any POTW systems, or to exceed the limitation set forth in a categorical pretreatment standard.

(5) Untreatable substances, which shall in-
clude any substance which may cause the POTW's effluent or any other product of
the POTW, such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or
to interfere with the reclamation process where the POTW is pursuing a reuse and reclamation program. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines, or regulations developed under section 405 of the Act (33 U.S.C. § 1345) or any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to federal or state statutes applicable to the sludge management method being used.

(6) Other prohibited discharges:

a. Any substance which will cause the POTW to violate its NPDES permit or the receiving water quality requirements;

b. Any wastewater with color exceeding 150 units, as measured by the platinum-cobalt standard method;

c. Any wastewater with turbidity exceeding 150 nephelometric turbidity units;

d. Malodorous substances which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for their maintenance and repair or for sampling or monitoring;

e. Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the POTW which exceeds sixty-six degrees centigrade (150º F) or which causes temperature at the headworks of the POTW treatment plant to exceed forty degrees centigrade (104º F);

f. Slug loads;

g. Wastewater containing radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by applicable state or federal regulations;

h. Any wastewater which causes a hazard to human life or creates a public nuisance;

i. Any discharge through a connection made in violation of subsection 13-28-030(F);

j. Petroleum oil, nonbiodegradable cutting oil, or products of mineral origin in amounts that will cause interference or pass through;

k. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or

l. Any trucked or hauled pollutants, except at discharge points designated by the POTW and with prior approval of the director; provided, however, that recreational vehicles with a holding tank capacity of less than fifty gallons may discharge into the POTW through designated discharge points.

(B) Categorical pretreatment standards. Upon the promulgation of the categorical pretreatment standard for a particular industrial subcategory, developed pursuant to federal statutes or regulations, the categorical pretreatment standard, if more stringent than limitations imposed herein, shall immediately supersede the limitations imposed herein.

(C) Specific pollutant limitations. No person shall discharge wastewater containing in excess of the limitations on discharges as set forth in schedule 13-28-A, which is incorporated herein by this reference.

(D) Other requirements. State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those contained herein. The city's limitations or requirements on discharges shall apply in any case where they are more stringent than state or federal requirements or limitations.

(E) City right of revision. The city reserves the right to establish more stringent limitations or requirements on discharges to the POTW if deemed necessary to comply with the objectives presented in section 13-28-010 herein.

(F) Dilution. No user shall ever increase the use of water, or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the categorical pretreatment standards, or in any other specific pollutant limitation developed by the city or state.

(G) Accidental discharges. Each industrial user shall provide protection from accidental discharge of materials or substances regulated herein. Facilities to prevent accidental discharge of such materials
or substances shall be provided and maintained
at the industrial user's cost and expense.
Detailed plans showing facilities and operating
procedures to provide this protection shall be
submitted to the director for review, and
shall be approved by the director before construction of the facility. All existing industrial users shall complete facilities and procedures in accordance with such a plan by April 1, 1982. No industrial user who commences contribution to the POTW after the effective date hereof shall introduce wastewater into the system until accidental discharge facilities and procedures have been approved by the director. Review and approval of such plans and operating procedures shall not relieve the industrial user of the responsibility to modify the facility as necessary to meet the requirements hereof.

(1) Notification of director. In the case of an accidental discharge, it is the responsibility of the industrial user to immediately telephone and notify the director of the incident. The notification shall include location of discharge, type of waste, concentration, and volume, and corrective actions taken.

(2) Written notice. Within five days following an accidental discharge, the industrial user shall submit to the director a detailed written report describing the cause of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage, or liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to persons or property, nor shall such notification relieve the industrial user of any fines, civil penalties, or other liability which may be imposed by this chapter or other applicable law.

(3) Notice to employees. A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees to call in the event of an accidental discharge. Employers shall insure that all employees who may cause or suffer such accidental discharge to occur are advised of the emergency notification procedure.

(H) Bypass. All industrial users shall comply with the requirements concerning bypass as set forth in the Code of Federal Regulations, title 40, section 403.17. (Ord. 463 §7, 1981; Ord. 909 §1, 1991)

Nothing contained in this chapter shall be construed as prohibiting special written agreements between the city and any other person allowing industrial waste of unusual strength or character to be admitted to the POTW, provided that said person compensates the city for any additional costs of treatment. No such agreement may permit any discharge prohibited in subsection 13-28-040(A) or (B). (Ord. 463 §7, 1981; Ord. 909 §1, 1991)

(A) Noncritical wastewater dischargers. No person shall cause or allow the discharge of wastewater into the POTW without a wastewater discharge permit except as follows:

(1) Domestic users who have received a city service connection permit; or

(2) Industrial users who are noncritical industrial users, as determined by the director, and have received a city service connection permit.

(B) Critical wastewater dischargers. No person shall cause or allow a critical industry to connect to the POTW unless such industry shall have obtained a wastewater discharge permit before connecting to or discharging into the POTW. Each critical industry connected to the POTW on the effective date of this chapter shall obtain a wastewater discharge permit by April 1, 1982.

(C) Permit application. Users required to obtain a wastewater discharge permit shall complete and file with the city an application in the form prescribed by the director. Each critical industry connected to the POTW on the effective date of this chapter shall apply for a wastewater discharge permit prior to February 1, 1982. Proposed new critical industries shall apply at least ninety days prior to the proposed connection to, or contribution to, the POTW. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:

(1) Name of industry, address, name of the operator and owners, and location of discharge (if different from the address);

(2) Standard industrial classification and a list of any environmental control permits held or for the facility;

(3) Wastewater quantity and quality. Quality characteristics include, but are not limited to, those mentioned in section 13-28-040 of this chapter as determined by a reliable analytical laboratory;

(4) Time and duration of discharge;

(5) Average daily and peak wastewater flow rates, including daily, monthly, and seasonal variation, if any;

(6) Site plans, floor plans, mechanical and plumbing plans, and details to show all sewer, sewer connections, and appurtenances by size, location, and elevation. If deemed necessary by the director, such plans shall provide for separate systems for handling sanitary wastes and industrial wastes;

(7) Description of activities, facilities, and plant processes on the premises, including all materials which are or could be discharged;

(8) Where known, the quantity and specific nature of any pollutants in the discharge which are limited by any city, state, or federal standards or requirements;

(9) If additional pretreatment or O & M will be required to meet the city, state, or federal standards and requirements, the schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable standards and requirements. The following conditions shall apply to this schedule:

a. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable standards and requirements,

b. No increment referred to in paragraph a shall exceed nine months, and

c. Not later than fourteen days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the city including, as a minimum, whether or not the user complied with the increment of progress to be met on such date, and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps taken by the user to return the construction to the schedule established;

(10) A statement of certification as set forth in the Code of Federal Regulations, title 40, section 403.6, and signed by the authorized representative of the industrial user; and

(11) Any other information as required by the city to evaluate the permit application. After evaluation and acceptance of the data furnished, the city may issue a wastewater discharge permit.

(D) Permit modifications. Upon promulgation of a categorical pretreatment standard and within the time prescribed thereby, the wastewater discharge permit of users subject to such standards shall be deemed revised to require compliance with any part thereof which is stricter than existing standards or conditions of the permit. Where a user, subject to categorical pretreatment standard, has not previously submitted an application for a wastewater discharge permit, the user shall apply for a wastewater discharge permit within thirty days after promulgation of the applicable categorical pretreatment standard. Any user with an existing wastewater discharge permit shall submit to the director, within thirty days after such promulgation, the information required by subsection (C)(8) and (9) of this section. In addition to the foregoing, the terms and conditions of the permit shall be subject to modification by the city during the term of the permit as limitations or requirements are modified or other just cause exists. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance, as determined by the director.

(E) Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges, and fees established by the city. Permits may be conditioned upon the following:

(1) Limits on the average and maximum wastewater constituents and characteristics;

(2) Limits on average and maximum rate and time of discharge or requirements for flow regulation and equalization;

(3) Requirements for installation and maintenance of inspection and sampling facilities;

(4) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types, and standards for tests and reporting schedules;

(5) Compliance schedules;

(6) Requirements for submission of technical reports or discharge reports;

(7) Requirements for maintaining and retaining records relating to wastewater discharge as specified by the city and affording city access thereto;

(8) Requirements for notification of the city of any new introduction of wastewater constituents or any change in character of

the wastewater constituents or average volume being introduced into the wastewater treatment;

(9) Requirements for notification and control of nonroutine, episodic discharges, including, but not limited to, accidental spills or noncustomary batch discharges;

(10) Requirements for separate systems to handle sanitary and industrial wastewater, such that in the event that the user's industrial wastewater is or could cause an interference or a potential interference with the POTW, that the industrial wastewater could be severed, preventing discharge into the POTW and still allowing the user's sanitary wastewater to discharge into the POTW; and

(11) Other conditions as deemed necessary by the director in order to enforce the provisions of this chapter.

(F) Permit duration. A wastewater discharge permit shall be issued for a period of three years from the date of issue. The user shall apply for a new permit a minimum of ninety days prior to the expiration of the user's existing permit. Any permit may be suspended or revoked for failure to comply with the requirements of this chapter.

(G) Permit transfer prohibited. A wastewater discharge permit shall not be sold, traded, assigned, transferred, or sublet. Any new industrial user must obtain a wastewater discharge permit regardless of whether a permit previously existed for the same premises. (Ord. 463 §7, 1981; Ord. 909 §1, 1991)

(A) Compliance date report. Within ninety (90) days following the date for final compliance with applicable standards or requirements, any industrial user subject to federal, state, or city standards and requirements shall submit to the director a report indicating the nature and concentration of all pollutants in the discharge from and regulated process which are limited by such standards and requirements. The report shall state whether the applicable standards or requirements are being met on a consistent basis and, if not, what additional O & M or pretreatment is necessary to bring a user into compliance with the applicable standards or requirements. This statement shall be signed by an authorized representative of the industrial user and certified to by a professional engineer registered in the state.

(B) Periodic compliance reports.

(1) Any industrial user subject to a federal, state, or city standard or requirement after the compliance date of such standard or requirement shall submit to the director during the months of June and December, unless required more frequently in the permit or by the director, a report indicating the nature and concentration of pollutants in the wastewater which are limited by such standards or requirements. In addition, this report shall include a record of all daily flow which during the reporting period exceeded the average daily flow reported in subsection (A) of this section.

(2) The director may impose mass limitations on industrial users, through their industrial wastewater discharge permit where not prohibited by Federal Categorical Pretreatment Standards, which are using flow equalization to meet applicable federal, state, or city standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by paragraph (1) of this subsection will contain the mass allocation for each pollutant, any concentration-based Categorical Standards, maximum flow allowed, and the appropriate monitoring and reporting requirements. Where mass limits have been established, the report required by paragraph (1) of this subsection shall also indicate the mass of limited pollutants in the wastewater of the user. These reports shall also contain the results of sampling and analysis of the discharge, including production and mass of pollutants contained therein which are limited by the applicable standards and requirements.

(3) If an industrial user monitors any pollutant or parameter listed in this chapter or in its permit more frequently than required by permit, using procedures prescribed in subsection (F) of this section, the results of this monitoring shall be included in the report.

(C) Monitoring facilities.

(1) Where required pursuant to this chapter or pursuant to terms and conditions of the wastewater discharge permit, the user shall provide and operate, at his or her expense, monitoring equipment and facilities sufficient to allow inspection, sampling, and flow measurement of the building sewer systems. The monitoring equipment and facilities shall be situated on the user's premises or such other location as approved by the director.

(2) There shall be ample room in or near such monitoring manhole or 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.

(3) Whether constructed on public or private property, the sampling and monitoring equipment and facilities shall be provided in accordance with the city's requirements and all applicable local construction standards and specifications. Construction shall be completed within ninety days following written notification by the city unless another date is specified in the wastewater discharge permit.

(D) Inspection. The director may inspect the equipment and facilities of any user at any time during normal business hours to ascertain whether they are in compliance with applicable ordinances, rules, and regulations. Occupants of premises where wastewater is created or discharged shall allow the city or its representative entry for the purpose of inspection, sampling, copying records, records examination, or the performance of any other rights or responsibilities under this chapter. The director, state, and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring, or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the city, state, and EPA will be permitted to enter, without delay, for the purposes of performing their specified responsibilities.

(E) Failure to permit inspection. In the event a duly authorized officer or agent of the director is refused admission for any purpose, the director may cause sewer service to the premises in question to be discontinued until the city's officer or agent has been afforded reasonable access to the premises and sewer system to accomplish the inspection or sampling.

(F) Sampling. All measurements, tests, and analyses of the characteristics of wastewater to which reference is made herein shall be determined in accordance with standard methods or, where not addressed in standard methods, in accordance with procedures established by the EPA pursuant to section 304(h) of the Act (33 U.S.C. § 1314(h)), or with any other test procedures approved by the EPA administrator. In the event that no special facility has been required, the point of inspection shall be the downstream manhole in the POTW sewer nearest to the point at which the building sewer is connected to the public sewer. All measurements, tests, and analyses, and all sampling shall be at the expense of the user. Sampling shall be done in accordance with schedule 13-28-B, which is incorporated herein by this reference. If any industrial user self-monitoring indicates a violation, repeat sampling shall be performed by the user and the results submitted to the director within thirty days after the violation is known to the industrial user.

(G) Pretreatment. Users shall provide necessary wastewater treatment as required to comply herewith. Any equipment and facilities required to pretreat wastewater to a level in compliance with this chapter shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the director for review, and shall be approved in writing by the director before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce wastewater in compliance with the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to the director and must be approved by him or her prior to the user's initiation of the changes.

(H) Publication of list of noncomplying users. The city shall annually publish a list of users in significant noncompliance in accordance with definitions and requirements as set forth in the Code of Federal Regulations, title 40, section 403.8. All records relating to compliance with applicable standards or requirements shall be made available to officials of the EPA or approval authority upon request, subject to any limitations contained in state statutes.

(I) Confidential information.

(1) Information and data on a user obtained from reports, questionnaires, permit applications, permits, monitoring programs, and inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the director that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets of the user. In no case shall data obtained on effluent characteristics or other releases of pollutants to the environment be considered confidential information.

(2) When requested by the user furnishing a report and such request is approved by the director, the portion 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 upon written request to governmental agencies for uses related hereto, the national pollutant discharge elimination system (NPDES) permit, or applicable standards or requirements. Moreover, such portions of the report shall be available for use by the city, state, or any state agency in judicial review or enforcement proceedings involving the user furnishing the report.

(3) Information accepted by the city as confidential shall not be transmitted to any government agency by the city until and unless a ten-day written notification is given to the user by certified mail or personal service.

(J) Signatory requirements. The reports required by subsections (A) and (B) of this section shall include a statement of certification as set forth in the Code of Federal Regulations, title 40, section 403.6, and signed by the authorized representative of the industrial user. (Ord. 463 §7, 1981; Ord. 909 §1, 1991; Ord. 1274 §1, 1997)

In addition to the sewer use fees and charges provided for in chapter 13-12, additional fees and charges may be made as set forth in this section.

(A) Damage to facilities. When a user's wastewater causes obstruction or damage, or, because of the nature of the wastewater, increases the costs for managing the effluent or the sludge of the POTW, the user shall pay for such increased cost.

(B) Wastewater discharge permit fees. Critical industries shall be subject to wastewater discharge permit fees as set forth in schedule 13-28-B, which is incorporate herein by this reference.

(C) Review of each user's wastewater permit charge. The city may periodically review the total cost of operation and maintenance of the POTW as well as each user's discharge and will revise fees as necessary to assure equity and sufficient funds to adequately operate and maintain the POTW. If an industrial user has completed in-plant modifications which would change that user's discharge, the user can present to the director such factual information, and the director shall determine if the user's fees are to be changed.

(D) Classification of critical industries. Critical industries may be divided into various classifications, including but not limited to significant contributors and potential contributors, and the fees within such classifications may reflect the differing costs to the city.

(E) Wastewater analysis fees. Critical industries shall be subject to wastewater analysis fees as set forth in schedule 13-28-C, which is incorporated herein by this reference.

(F) Sump pump permit fee. A permit fee of $75.00 shall be charged by the city for each permit issued to an applicant for a sump pump permit as provided in subsection 13-28-030(E). (Ord. 463 §7, 1981; Ord. 567 §3, 1984; Ord. 909 §1, 1991; Ord. 1204 §2, 1996)

(A) Administrative remedies. If any user violates any of the provisions of this chapter, or any of the terms and conditions of any wastewater discharge permit, the director is authorized to take one or more of the following actions, as the director deems necessary and appropriate in the circumstances:

(1) Notice of violation. The director may issue a written notice of violation, when a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued herein, or any other pretreatment standard or requirement. Within five working days of the receipt of this notice, the user shall submit to the city, in writing, the following information:

a. A description and cause of the noncompliance;

b. Exact times and dates of noncompliance; and

c. Actions taken to prevent the recurrence of the noncompliance.

Submission of this response does not relieve the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section limits the authority of the director to take any action, including emergency actions or any other enforcement action, without first issuing a letter of violation.

(2) Compliance order. When the director finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued herein, or any other pretreatment standard or requirement, the director may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, legal or other administrative action may be taken, unless adequate

treatment facilities, devices, or other related appurtenances are installed and properly operated. The order also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(3) Administrative fine. The director may assess a fine when a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued herein, or any other pretreatment standard or requirement. The director may fine such user in an amount as outlined in the Industrial Pretreatment Program Enforcement Response Plan Policies and Procedures, not to exceed $1,000.00. Such fines shall be assessed on a per violation, per day basis.

a. Unpaid charges, fines, and penalties shall, after thirty calendar days, be subject to a lien against the user's property for the unpaid charges, fines, and penalties.

b. Users desiring to dispute such fines must file a written request for the director to reconsider the fine along with full payment of the fine amount within fifteen days of being notified of the fine. Where a request has merit, the director may convene a hearing on the matter. In the event the user's appeal is successful, the payment shall be returned to the user. The director may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

c. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.

(4) Suspension. The director may order wastewater treatment service, service connection permits, and wastewater discharge permits suspended if actual or proposed discharge endangers, or may reasonably endanger, individual health, safety, or welfare, or the environment; or may cause interference in or to the POTW; or may cause the city to violate any condition or terms of its NPDES permit. Any such suspension order shall become effective the day after the next regularly scheduled meeting of the city council which is at least five days after the date the suspension order is mailed, unless the city council, on appeal by the affected person, shall reverse the suspension order or stay its effect.

(5) Emergency suspension. The director may, without prior notice or hearing, order wastewater treatment service, service connection permits, and wastewater discharge permits immediately suspended if actual or proposed discharge immediately and substantially endangers individual health, safety, or welfare, or the environment, or may cause imminent and substantial interference in or to the POTW; or may cause the city to violate any condition of the NPDES permit. Any such emergency suspension order shall become effective immediately, and any person notified of such suspension shall immediately stop or eliminate all discharge of industrial waste. The director is also authorized, in such circumstances, to take such steps as deemed necessary, including severance of the sewer connection, to prevent or minimize danger or property damage.

(6) Reinstatement. Any suspended service or permit shall be reinstated upon proof of elimination of the violation, payment of all costs and expenses incurred by the city in connection with the suspension, and approval by the director of a satisfactory plan to prevent future such violations.

(7) Revocation. The director may order wastewater treatment service permanently terminated, and wastewater discharge permits revoked if he or she has found it necessary to take administrative actions more than three times in any twelve-month period. Any such revocation order shall become effective the day after the next regularly scheduled meeting of the city council which is at least five days after the date the revocation order is mailed, unless the city council, on appeal by the affected person, shall reverse the revocation order or stay its effect.

(8) Other. If deemed necessary to prevent danger, property damage, or interference with the POTW, the director may order a user to provide pretreatment; flow rate control; suitable access to facilities, such as a manhole or vault; and periodic sampling, testing, and reporting of the quality and quantity of wastewater being discharged. Any such order shall become effective at the time specified therein, unless the city council, on appeal by the affected person, shall reverse the order or stay its effect.

(B) Notification. Any notice or order issued under this section shall be served personally, or by registered or certified mail, return receipt requested to the billing or street address of the user.

(C) Appeal.

(1) Notice. Any user desiring to appeal any order or determination of the director shall file a written notice of appeal with the director of public works within fifteen days of such order or determination. Such notice or appeal shall set forth the nature of the order or determination being appealed, the date of such order or determination, the reason for the appeal, and request a hearing.

(2) Date of hearing. On receipt of a notice of appeal, the director of public works shall set it for hearing within fifteen days. Notice of the time, date, and place for the hearing shall be served or mailed by certified mail to the party filing the notice of appeal at least ten days prior to the hearing. The director may continue the hearing, from time to time, thereafter, as the director deems necessary, without further notice. Whether or not a duly notified user appears or is represented at the hearing, the director may immediately pursue any other enforcement action authorized under this chapter. (Ord. 1041 §3, 1994)

(A) Civil liability for expenses. Any person violating the provisions of this chapter, or any applicable state or federal regulations or any terms and conditions of his or her wastewater discharge permit, shall be liable for any expense, loss, or damage caused the POTW by reason of such violation, including the increased costs, if any, for managing effluent or sludge when such increases are the result of the user's discharge of toxic pollutants.

(B) Criminal penalties. No person shall dispose of harmful wastes or wastewater, use the city's sanitary sewers or POTW, or cause the same to be done contrary to or in violation of any provisions of this chapter. Any person violating any of the provisions of this chapter or any permit issued hereunder shall be deemed guilty of a separate offense for each and every day or portion thereof during which any such violation is committed, continued, or permitted, and upon conviction of such violation shall be punished as provided in chapter 1-12, B.M.C. Such penalties shall be in addition to any administrative remedies or other liabilities provided for in this chapter.

(C) Civil fine pass through. In the event that a user discharges such pollutants which cause the POTW to violate any condition of its NPDES permit and the city is fined by EPA or the state for such violation, such user shall be fully liable for the total amount of the fine assessed against the city by the EPA or the state.

(D) Additional liabilities. In addition to the penalties provided herein, the city may recover reasonable attorney's fees, court costs, and other expenses of litigation from any person found to have violated any provisions of this chapter, or of any permit. (Ord. 463 §7, 1981; Ord. 909 §1, 1991; Ord. 1013 §1, 1993; Ord. 1041 §4, 1994; Ord. 1196 §18, 1996; Ord. 1568 §17, 2001)

The director may promulgate policies and procedures as set forth in the city's industrial pretreatment enforcement response plan for carrying out the provisions of this chapter, provided that such policies and procedures are not in conflict with this chapter or any applicable state or federal law or regulation. (Ord. 909 §1, 1991; Ord. 1041 §4-a, 1994)

SCHEDULE 13-28-A
LIMITATIONS ON DISCHARGES
SPECIFIC POLLUTANT LIMITATIONS

A. All users, except where mass limits have been established, shall not discharge any wastewater with pollutant concentrations exceeding the following limits:

* All concentrations are totals for the listed pollutant or pollutant property, except where otherwise indicated.

B. The total mass of pollutants allocated to Significant Industrial Users through Schedule 13-28-A and section 13-28-070(B)(2), B.M.C., shall not exceed the following Maximum Allowable Headworks Load (MAHL):

* All pollutants shall be measured and reported as total concentrations.

**These pollutant/pollutant properties shall be grab samples, all others listed shall be composite samples.

C. Total BTEX (benzene, toluene, ethyl benzene, and xylene) and Benzene:

D. Organics:

* All concentrations are totals for the listed pollutant or pollutant property, except where otherwise indicated.

(Ord. 567 §4, 1984; Ord. 909 §1, 1991; Ord. 991 §1, 1993; Ord. 1041 §5, 1994; Ord. 1274 §2, 1997)

SCHEDULE 13-28-B
CRITICAL INDUSTRIAL USERS
PERMIT FEES AND SAMPLING FEES

Any discharger subject to categorical pretreatment standards which discharges federally regulated wastewater to the POTW.
Class 1B

Any noncategorical industry that contributes a process wastestream 1) which makes up five percent or more of the average dry weather organic or hydraulic capacity of the POTW treatment plant, or 2) that discharges an average of 25,000 gallons per day or more of process wastewater to the POTW, or 3) that, in the opinion of the director, has the potential to adversely affect the POTW or to violate any pretreatment standard or requirement.
Class 2A

Any industry which may be subject to reporting discharges in order to comply with the Code of Federal Regulations, title 40, section 403.12, or any categorical industry that has a fully contained system and does not have open floor drains or sink drains connected to the sewer in any area where the federally regulated process wastewaters are present. This includes, but is not limited to, industries which discharge hazardous waste in any amount in excess of fifteen kilograms per month or acutely hazardous waste in any amount.
Class 2B

Any industry that discharges process wastewater containing priority pollutants not regulated by categorical pretreatment standards directly to the sewer and under normal and proper operation does not contribute those pollutants in excess of the limitations set by this chapter.

A. Frequency of monitoring will be based on wastewater flow.

B. All parameters specifically limited will be monitored by the Industrial User at least twice per year. Pollutants most likely to be present in the wastewater discharge shall be monitored more frequently, as determined by the director.

C. Once per year a complete analysis shall be made by the city. Subsequent samplings may be for only specific pollutants, as determined by the director.

(Ord. 1041 §6, 1994; Ord. 1170 §2, 1996; Ord. 1274 §3, 1997; Ord. 1305 §3, 1998)

SCHEDULE 13-28-C
CRITICAL INDUSTRIAL USERS

WASTEWATER ANALYSIS FEES

For pollutants other than those listed above, fees will be charged at a rate of $30.00 per man-hour involved in analysis.

(Ord. 567 §5, 1984; Ord. 909 §1, 1991; Ord. 1041 §6-a, 1994; Ord. 1170 §3, 1996; Ord. 1305 §4, 1998)