HomeMy WebLinkAbout5 - Final recommendation on Industrial Pretreatment, City Code changes
CITYOFBOULDER
WATER RESOURCES ADVISORY BOARD
AGENDA ITEM
MEETING DATE: November 19, 2007
AGENDA TITLE: Final Recommendation on Industrial Pretreatment, City Code
changes
PRESENTER/S: Ridge Dorsey- Pretreatment Program Specialist
Bret Linenfelser - Water Quality Coordinator
EXECUTIVE SUMMARY:
The pretreatment program staff requests a final recommendation by the Water Resources
Advisory Board (WRAB) to the City Council for approval of City Code Changes:
Boulder Revised Code 11-3 Industrial and Prohibited Discharges (BRC 11-3).
Pretreatment staff has been working with the City Attorney's Office to update Boulder
Revised Code Title 11 Chapter 3 Industrial and Prohibited Discharges. The purposes for
the revisions are: (1) to insert new code language and modify existing code language to
comply with changes to the Code of Federal Regulations - 40 CFR Part 403 published
October 14, 2005, (2) to insert a reference to Rules Concerning Treatment And Disposal
OfAmalgam Wastewater Within The City Of Boulder, April 21, 2007, and (3) correct a
previously misstated flashpoint limit.
Currently BRC 11-3 does not comply with changes made to the Code of Federal
Regulations. WRAB is being asked by staff today to approve these changes to BRC 11-3
to keep Boulder's pretreatment code current with federal and local regulations.
Please refer to the proposed Boulder Revised Code 11-3 Industrial and Prohibited
Discharges (BRC 11-3) (Attachment A).
COUNCIL FILTER IMPACTS:
Economic: The changes proposed are not expected to impact business community or city
revenues. City programs will not need additional funds or staff to comply with the
proposed changes to city code.
Environmental: The proposed code changes benefit the city's industrial pretreatment
program and its efforts to protect environmental health. As discussed in this memo, these
changes are proposed to improve the city's regulatory framework for the pretreatment
program.
AGENDA ITEM # PAGE 1
Social: No social impacts are expected.
OTHER BOARD AND COMMISSION FEEDBACK: None.
PUBLIC FEEDBACK:
On October 31, 2007, Pretreatment program staff notified permitted industrial users of
the proposed changes to B.R.C. 11-3 and the date and time of the WRAB meeting. The
public will be allowed comment at the WRAB meeting and written comments and e-mail
comments are also being accepted.
STAFF RECOMMENDATION:
Approve the proposed changes to BRC 11-3 to keep Boulder's pretreatment code current
with federal and local regulations.
ANALYSIS:
In October 2005, the Environmental Protection Agency published in the Federal Register
changes to 40 CFR Part 403 - Streamlining the General Pretreatment Regulations for
Existing and New Sources of Pollution. These code changes clarify existing pretreatment
standards, require additional standards to be implemented, and add increased flexibility
for some industrial users. Currently city of Boulder wastewater permits already
incorporate some of these changes, therefore regulated industrial users in Boulder will be
impacted minimally if at all, from these changes. In the future, industrial users that
qualify may apply for decreased regulatory oversight in accordance with the proposed
code changes. The main impetus for this revision to BR. C. 11-3 is to incorporate
elements required by changes to federal code.
Other changes to the code include the insertion of a reference to Rules Concerning
Treatment And Disposal OfAmalgam Wastewater Within The City Of Boulder, April 21,
2007, and to correct a previously misstated flashpoint limit. The first of these changes
calls out the new rule in the ordinance. There will be no pretreatment program changes
based on this insertion. The second change, to correct the city flashpoint limit, changes
the limit from 187 degrees F to 140 degrees F. The flashpoint limit is established to
prevent explosive atmospheres in city sewer lines and at the wastewater treatment plant.
The limit proposed by this code change, 140 degrees F (60 degrees C) is the industry
standard and recommend by EPA. It is believed that the current limit is an oversight or
typographical error as there is no known rationale for a limit different from the EPA
recommended limit. Adoption of this limit will not require any known industrial user to
change operating practices.
These changes are not expected to impact industrial users regulated by the city
pretreatment program.
MATRIX OF OPTIONS:
The options are to:
AGENDA ITEM # PAGE 2
• Approve the proposed changes as shown in Attachment A (Staff
recommendation)
• Approve the proposed changes with specific recommendations for revisions
• Do not approve the proposed changes
Attachments:
A - Proposed Boulder Revised Code 11-3 Industrial and Prohibited Discharges (BRC 11-
3)
AGENDA ITEM # PAGE 3
TITLE II UTILITIES AND AIRPORT
Chapter 3 Industrial and Prohibited Discharges)
)Adopted by Ordinance No. 4667. Amended by Ordinance No. 6087. Derived from Ordinance Nos.
3836, 4412, 4446.
11-3-1 Legislative Intent.
(a) This chapter sets forth uniform requirements for direct and indirect discharges into the city
wastewater collection and treatment system and enables the city to comply with all
applicable federal and state laws. The chapter is necessary to protect the health, safety, and
welfare of the residents of the city. This chapter authorizes the issuance of industrial
discharge permits; provides for monitoring, compliance, and enforcement activities;
establishes administrative review procedures; requires user reporting; and provides for
equitable fees to fund the program established herein.
(b) The purposes of the chapter are to:
(1) Provide for and promote the general health, safety, and welfare of the citizens
residing within the city and downstream water users and residents;
(2) Prevent the introduction of pollutants into the publicly owned treatment works
(POTW) that will pass through the system, inadequately treated, into receiving
waters or the atmosphere or otherwise be incompatible with the system or interfere
with beneficial uses of the receiving waters;
(3) Prevent the introduction of pollutants into the POTW that will interfere with the
operation of the system, including interference with its use or disposal of biosolids;
(4) Improve the opportunity to recycle and reclaim wastewaters and biosolids from the
system;
(5) Provide for equitable distribution of cost of the wastewater utility among users 2;
(6) Protect city personnel who may work with wastewater and biosolids in the course of
their employment;
(7) Prevent the introduction of wastes that may adversely affect the environment or may
cause a violation of the city's National Pollution Discharge Elimination System
("NPDES") permit or may contribute to the need for modification of that permit;
(8) Provide revenues derived from the application of this section to defray the city's cost
of operating and maintaining adequate wastewater collection and treatment systems
and to provide funds for capital outlay, bond debt service costs, capital
improvements, and depreciation for the equitable distribution of the cost of
operation, maintenance, and improvement of the POTW; and
(9) Promote pollution prevention through source reduction and waste minimization.
240 C.F.R. 403.2.
Ordinance Nos. 5158 (1988); 5771 (1995).
11-3-2 Application of Chapter.
The provisions of this chapter apply equally to all users of the city wastewater utility, including,
without limitation, the POTW, whether inside or outside the city. The city may deny or condition
new or increased contributions of pollutants, or changes in the nature of pollutants, which are
discharged to the POTW by users
Ordinance Nos. 5397 (1991); 5771 (1995)
11-3-3 Definitions.
(a) The following terms used in this chapter have the following meanings unless the context
clearly indicates otherwise:
"Act" or "the act" means the Federal Water Pollution Control Act. P.L. 92-500, also known
as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.
"Ammonia" (NH3-N) means the measure of the total nitrogen component of ammonia
expressed in milligrams per liter measured in accordance with procedures set forth in the
most recent edition of the EPA "Methods for Chemical Analysis of Water and Wastes.."or 40
CFR Part 136.
"Authorized representative of industrial user" means either a principal executive officer of at
least the level of vice president, if the industrial user is a corporation; a general partner or
proprietor, if the industrial user is a partnership or proprietorship; or a duly authorized
representative, if such representative is responsible for the overall operation of the facilities
from which any direct or indirect discharge originates.
"Average strength sewage" means sewage containing wastes in amounts less than or equal to
230 mg/l BOD or 490 mg/1 COD, and 220 mg/1 TSS, and 25 mg/l NH3-N.
"Biochemical Oxygen Demand (BOD)" means the quantity of oxygen used in the
biochemical oxidation of organic matter under standard laboratory procedure in five days at
20E C. expressed in milligrams per liter.
"Best Management Practice; or BIt1Ps means schedules of activities. prohibitions of
practices. maintenance proceduures_ and other management practices to implement the
prohibitions listed in Sections 11-3-4 and 11-3-5, B.R.C. 1981. BMPs also include treatment
requirements, operating procedures, and practices to control plant site runoff, spillage or
leaks, sludae or waste disposal, or drainage from raw materials storage.
"Bypass" means the intentional diversion of waste streams from any portion of a user"s
treatment facility.
"Categorical standard" (see "Federal Categorical Pretreatment Standard").
"Chemical Oxygen Demand (COD)" means the measure of the oxygen equivalent to the
portion of organic matter in a sample that is susceptible to oxidation by a strong chemical
oxidant under laboratory procedures, expressed in milligrams per liter.
"City manager" means the city manager or his or her designee.
"Commercial facility" means a place or structure(s) having an address where business is
conducted for profit, and such business is neither classified as a significant industrial user
nor as a categorical industry.
"Compatible pollutants" or "conventional pollutants" means biochemical oxygen demand
(BOD), total suspended solids (TSS), pH, fecal coliform and oil and grease (O/G), plus
additional pollutants identified in the city's NPDES permit if the POTW is designed to treat
such pollutants, and in fact does remove such pollutants to a substantial degree.
"Composite sample" means a representative flow-proportioned or time-proportioned sample
collected within a twenty-four hour period composed of a minimum of four individual grab
samples collected at equally spaced intervals and combined according to flow or in equal
volumes.
"Contributor" means any person who contributes or causes the contribution of wastewater to
the wastewater utility.
"Cooling water" means the water discharged from any use such as air conditioning, cooling,
or refrigeration, or to which the only pollutant added is heat.
"Daily I LIXi1inu11 Limit or Dailti- Maximum" means the maximuin allowable discharge of
pollutant(s) during a calendar day. Where daily maximum limitations are expressed in units
of mass, the daily discharge is the total mass discharged over the course of the day. Where
daily maximum limitations are expressed in terms of a concentration, the daily discharge is
the arithmetic average measurement of the pollutant concentration derived from all
measurements taken that day.
"Deleterious substance" means any substance capable of causing physical, chemical or
biological contamination or degradation to the environment; a deleterious (acute or chronic)
effect on fish, bird, wildlife, plant life; or that would otherwise interfere with the beneficial
use of receiving waters.
"Dilution" means to alter or reduce the concentration of any wastewater stream by adding
water or by mixing it with other waste streams.
"Direct discharge" means the discharge of treated or untreated wastewater or any other
pollutant directly to waters of the state.
"Discharge" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging,
injecting, escaping, leaching, dumping, or disposing into the environment or to the POTW.
"Discharger" means any person who discharges or causes the discharge of wastewater to the
wastewater utility.
"Domestic wastes" means liquid wastes (a) from the non-commercial preparation, cooking,
and handling of food, or (b) containing only human excrement and similar matter from the
sanitary conveniences of dwellings, commercial buildings, industrial facilities, and
institutions.
"Enforcement response plan" ("ERP") means a written plan which contains detailed
procedures indicating how the city manager will investigate and respond to instances of user
non-compliance.
"Environmental Protection Agency (EPA)" means the U.S. Environmental Protection
Agency, or where appropriate, the administrator or other duly authorized official of the
agency.
"Excess user charge" means the rate system used to charge significant industrial users whose
sewage strength is higher than average strength sewage.
"Facility" means any building, structure, installation, equipment, pipe or pipeline including,
without limitation, any pipe into a sanitary sewer or any portion of the POTW, well, pit,
pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock or
aircraft.
"Federal categorical pretreatment standard" or "categorical standard" means any regulation
containing pollutant discharge limits promulgated by EPA in accordance with Section 307(b)
and (c) of the Act (33 U.S.C. 1317) which apply to a specific category of users, which
currently appear in 40 C.F.R. Subchapter N.
"Flow" means volume of wastewater.
"Flow recorder" means a device installed on a user's wastewater discharge line in such a
manner as to accurately determine wastewater flow entering the POTW.
"Four day average limit" means the average of any four consecutive days of sampling and
analysis collected during a given period of time (week, month, quarter, etc.) for specified
industrial sources, e.g., electroplating.
"Garbage" means putrescible animal or vegetable waste from the preparation, cooking, and
serving of food or the storage or sale of produce.
"Grab sample" means a sample taken from a waste stream on a one-time basis with no regard
to the flow in the waste stream and without consideration of time.
"Grease/sand interceptor" means a tank that holds a minimum of seven hundred fifty gallons
and that serves one or more fixtures and is remotely located. Interceptors include, without
limitation, tanks that capture wastewater from dishwashers, floor drains, pot and pan sinks
and trenches, or wastewater from vehicle maintenance facilities, car washes or activities with
a petroleum wash away byproduct.
"Grease trap" means a device designed to retain grease from one to a maximum of four
fixtures. A grease trap is not appropriate for use on heated water fixtures, including, without
limitation, dishwashers, or those fixtures connected prior to waste disposal units, including,
without limitation, garbage disposals and grinders.
"Hauled waste" means any waste transported and discharged to the POTW from the place of
origin or storage via rail, truck, or other mode of transportation.
"Hazardous pollutants" means any constituent or combination of constituents that is
classified as hazardous under state or federal regulations or is included on the federal list of
toxic pollutants as currently specified in 40 C.F.R. Part 122, Appendix D.
"Hazardous waste" means a waste that is classified as hazardous under federal regulations or
is included in the federal list of hazardous waste as currently specified in 40 C.F.R. 261,
Subparts C and D.
"Holding tank waste" means any waste from holding tanks such as vessels, truck tanks,
chemical toilets, campers, trailers, septic tanks and vacuum pump tank trucks.
"Incompatible pollutant" means any waste product that cannot be easily or adequately
treated by the city wastewater utility, including, without limitation, non-biodegradable
dissolved solids.
"Indirect discharge" means the discharge or the introduction of pollutants from any source,
including, without limitation, those regulated under Section 307(b) or (c) of the Act (33
U.S.C. 1317), into the POTW. The term "indirect discharge" also includes holding tank
wastes discharged into the POTW.
"Industrial" means of or pertaining to industry, manufacturing, commerce, trade, or business,
as distinguished from domestic or residential.
"Industrial User" means a contributor to the city -utility that discharges industrial wastes.
"Industrial category" means any of industrial groups designated by the EPA under Section
307 of the Act.
"Industrial discharge permit" means the document issued to a user by the city in accordance
with the terms of this chapter.
"Industrial waste" or "wastewater" means all water-carried wastes and wastewater derived
from any producing, manufacturing, processing, institutional, commercial, agricultural, or
other non-domestic operation. Industrial wastewater may also include wastes of human
origin similar to domestic wastewater which have been mixed with industrial wastes or
wastewater prior to discharge to the POTW. Only wastes and wastewater derived solely
from residential uses are excluded from this definition.
"Instantaneous maximum allowable discharge limit" means the maximum concentration of a
pollutant allowed to be discharged at any time, determined from the analysis of any discrete
or composite sample collected, independent of the industrial flow rate and the duration of the
sampling event.
"Interceptor" means a containment device designed to intercept, trap or otherwise prevent
grease, sand, flammable liquids, or other substances potentially harmful to the POTW from
entering a sanitary sewer.
"Interference" means an act that harms or disrupts the facilities, processes, or operations; or
has an adverse effect on the quality of the effluent, biosolids, air emissions, or other residuals
generated by the POTW; or has an adverse effect on the receiving waters; or is likely to
endanger life, health, or property or otherwise cause a nuisance; or results in violation of the
city's NPDES permit or other permits; or, in the opinion of the city manager, otherwise
adversely affects the city's ability to meet the objectives of this chapter.
"Mass discharge rate" means the weight of material discharged to the POTW during a given
time interval. Unless otherwise specified, the mass discharge rate shall mean pounds per day
of a particular constituent or combination of constituents.
"Mass limitations" means any EPA limit imposed pursuant to Section 307(b) of the Act on
discharge of pollutant mass or mass limits deemed necessary by the city manager to meet
NPDES permit requirements.
daily disehar-ge is the total mass disehar-ged ever- the eetifse of the day. Wher-e faaxifn
" 1\4onthly Average Limit or Monthly Average" means the arithmetic mean of the effluent
samples collected during a calendar month or specified 30-day period.
"National Pollutant Discharge Elimination System (NPDES)" means the program for
issuing, conditioning, and denying permits for the discharge of pollutants from point sources
into navigable waters or the contiguous zone and the oceans pursuant to Section 402 of the
Act.
"National Pollutant Discharge Elimination System (NPDES) permit" means a permit issued
under the National Pollutant Discharge Elimination System for discharge of wastewaters to
the navigable waters of the United States pursuant to the Act.
"National pretreatment standard," "pretreatment standard," or "standard" means any
regulation containing pollutant discharge limits promulgated by the EPA in accordance with
Sections 307(b) and (c) of the Act (33 U. S.C. 1317), which applies to wastewater. This term
includes prohibitive discharge limits established pursuant to 40 C.F.R. 403.5.
"New source" means 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 which will be applicable to such source if such standards
are thereafter promulgated, provided that:
(1) The building, structure, facility or installation is constructed at a site at which no
other source is located; or
(2) The building, structure, facility or installation totally replaces the process or
production equipment that causes the discharge of pollutants at an existing source; or
({}-The production or wastewater generating processes of the building, structure, facility
or installation are substantially independent of an existing source at the same site. In
determining whether these are substantially independent, factors such as the extent to
which the new facility is integrated with the existing facility, and the extent to which the
new facility is engaged in the same general type of activity as the existing source shall be
considered.
"Pass through" means the discharge of pollutants through the wastewater utility into the
receiving stream in quantities or concentrations that are a cause of or significantly contribute
to a violation of any requirements contained in the city NPDES permit.
"pH" means the intensity of acid or base condition of the solution expressed as the logarithm
(base 10) of the reciprocal of the concentration of hydrogen ions expressed in moles per liter
of solution.
"Phenols" means total hydroxy derivatives of benzene and its condensed nuclei (including
phenol, chlorinated phenols, nitrophenols and chlorinated cresols) identified in Table 1,
Section 307 of the Act which are detectable by EPA approved methods.
"Pollutant" means dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage,
biosolids, garbage, trash, chemical waste, biological nutrient, biological material, radioactive
material, heat, wrecked or discarded equipment, rock, sand, or any industrial, municipal, or
agricultural waste.
"Pollution" means the man-made, man-induced, or natural alteration of the physical,
chemical, biological, and radiological integrity of water.
"Pollution Prevention" means the application of source reduction and recycling during day-
to-day operations which reduces the need for treatment and disposal of wastes without
transferring contamination to air, water, solid waste, or hazardous waste.
"POTW" or "publicly owned treatment works" means the city's wastewater treatment
system. This includes without limitation any device and system used in the storage,
treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid
nature. It also includes without limitation the wastewater treatment plant, sewers, pipes, and
other conveyances that convey wastewater to the POTW treatment plant.
"Premises" means a parcel of real estate including any improvements thereon which is
determined by the city to be a single user for purposes of receiving, using, and paying for
wastewater utility services.
"Pretreatment" or "treatment" means the reduction of the amount of pollutants, the
elimination of pollutants, or the alteration of the nature of the pollutant properties in
wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing
such pollutants into the wastewater utility, which may be obtained by physical, chemical, or
biological processes or other means not including dilution.
"Pretreatment requirement" or "requirement" means any substantive or procedural
pretreatment requirement other than a national pretreatment standard.
"Priority pollutants" means any of the toxic compounds designated by EPA, pursuant to 307
(a) of the Act, that can reasonably be expected in the discharges from industries.
"Process water" means water used in any manufacturing, forming or thermal process, or any
other operation during which its characteristics are modified.
"Receiving waters" means lakes, rivers, streams, or other watercourses that receive treated or
untreated wastewater.
"Revoke" or "revocation of permit" means the cancellation or nullification of the user's
permit, which effectively terminates all rights and privileges of the user to discharge to the
POTW on a permanent basis.
"Sanitary sewer" means a sewer which is designed to carry wastewater discharges from
residential, commercial and industrial businesses to the POTW.
"Septic tank waste" means any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
"Service line" or "private sewer" means a sewer line commencing at and collecting
wastewater from a structure or facility and intended for discharging wastewater into the city
wastewater utility.
"Significant change" means an increase or decrease in wastewater volume, concentration of
materials or substance, or changes in types of wastes.
"Significant Industrial User" ineans:
(1) A user whose discharge is subject to categorical pretreatment standards, or
A user who either discharges on average at least twenty-five thousand gallons of
process water (excluding sanitary, non-contact cooling and boiler blowdown
wastewater) per day to the POTW; or contributes process water amounting to at least
five percent of the average dry weather hydraulic or organic capacity of the
wastewater treatfnent plant; or,
(3) A user who is designated as such by the city manager on the basis that: the user's
discharge can, or has a reasonable potential to, adversely affect the ivasteivater
utility's operation or that the industrial user violated any pretreatment standard or
requirement.
(4) "Non-Significant Categorical Industrial User" The [City] may determine that an
Industrial User subject to categorical pretreatment standards is a Non-Significant
Categorical Industrial User rather than a Significant Industrial User on a finding
that the Industrial User never discharges more than 100 gallons per day (gpd) of
total categorical wastewater (excluding sanitary, non-contact cooling and boiler
blowdown wastewater, unless specifically included in the Pretreatment Standard)
and the following conditions are met:
(a) The Industrial User, prior to [City's] finding, has consistently complied with
all applicable categorical Pretreatment Standards and Requirements;
(b) The Industrial User annually submits the certification statement required in
Section 6.14 B [see 40CR 403).12(cj)], together with any additional information
necessary to support the certification statement; and
(c) The Industrial User never discharges any untreated concentrated wastewater.
"Significant non-compliance" means:
(1) A-eChronic violations of wastewater discharge limits. For the purposes of this
chapter, a chronic violation occurs when, during any six month period, at least sixty-
six percent of all sampling measurements for the same pollutant exceed
4+e (by any magnitude)
parainetef-.--of-a tltlmerlc pretreatment standard or requlrement. lilchlditWl
instantaneous limits, as defined in 40 CFR403.3(l)
(2) A-Ttechnical review criteria (TRC) violations. For the purposes of this chapter, a
TRC violation occurs when, during any six month period, thirty-three percent or
more of all sampling equite...e..s measurements for each pollutant parameter either
equals or exceeds the product of the numeric pretreatment standard or requirement
including instantaneous limits, as defined by 40CFR403.3(1) multiplied by the
applicable criteria TRC
1.4 for BOD, TSS, fats, oil, and grease; and 1.2 for all other pollutants except
pH.(pH has no TRC criteria) )
(3) Any other -violation of a pretreatment standard or requirement, as defined
40CFR403.3(1) (daily maximum, long-term monthly average, instantaneous
limit , that the city manager
determines has caused, alone or in combination with other discharges, interference or
pass through ofw-4h the wastewater treatment process, or endangered the health of
city employees 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 wastewater utility='s
exercise of its emergency authority.
(5) Failure to meet, within ninety days, a compliance schedule as set forth in a
wastewater discharge permit, or an enforcement order for starting construction,
completing construction, or attaining final compliance.
(6) Failure to provide all required reports within forty-€*,ethirty (4530) 4ii}4y= days after
their due date.
(7) Failure to accurately report non-compliance.
(8) Any other violation(s). «-hicli may include a violation of Best Mana.enleilt Practices,
which the city manager determines will adversely affect the operation of the
pretreatment program or implementation of Chapter 11-3, "Industrial and Prohibited
Discharges," B.R.C. 1981.
0) ge is cicccffecrricmpiccrc-&tffie}14 smrmsrrElti; 0i
waslewatef) pef day to the POT-W; of eentfibtites pfeeesswatef ame:b~iflg to a4 least
wastewatef treatment ; Y,
discharge
industrial User subject to cateearical vr-etfeatmeat standafds is a Non Significant
(a4 The rndustria Use t C ty'si find;„ has , istenAly e Red . „th
(b) The ladtistr4al User- annually ss-i-ib-mits the eer-tifigation statement r-egLiir-ed in.
Seetioii 6.14 B [see 40CR 403.126-9)], toeethef with any-additiatial 41fofffhitiEffi
iieE .`-.`~-r7trx"~`p'-to-sa+p_pcn't-tfh ccri-rrrca-civirsrirccrrrcnr,-itixa
The industrial `'~ci rrc i 1ar tFeated concentrated . °-„ram,-
~c~) ~-=~-cT - drr`TCri"rcr~r`y 'c~ii
-Slug Load or S-slug, dDischarge means any discharge at a flow rate or concentration, which
could cause a violation of the prohibited discharge standards in Section 11-3-4 or 11-3-5 of
this ^°ne-eChapter-. A slug discharge is any discharge of a non-routine, episodic nature,
incltulinL, but not limited to an accidental shill or a non-custolmirv batch dischar, e. which
has a reasonable potential to cause interference or pass tlirou,h, or in any other way violates
this chapter, any regulations, local limits or permit conditions.
-.1Sbag disehar-gee" means any disehar-ge of a non routine, episedie nature, ineh"ng, without
-f4 ve tiffi-e s; tifle aver-age twenty fouf houf coneentratio- a o- r rate during normal oper-at
adversely aff et° the Dl PAI
"Source reduction" or "waste minimization" means any action which causes a net reduction
in the generation of waste.
"Standard Industrial Classification (SIC)" means a classification pursuant to the most recent
edition of the Standard Industrial Classification Manual issued by the Executive Office of
the President - Office of Management and Budget.
"State" means the State of Colorado.
"State waters" or "waters of the state" means any and all surface and subsurface waters
which are contained in or flow in or through this state, but does not include waters in sewage
systems, waters in treatment works of disposal systems, waters in potable water distribution
systems, and all water withdrawn for use until use and treatment have been completed.
"Storm sewer or storm water sewer" means sewers, pipes and other conveyances which
collect and convey storm waters, surface runoff, and other drainage.
"Storm water" means any flow occurring during or following any form of natural
precipitation and resulting nthere froin.
"Surcharge" means a charge for service in addition to the basic sewer user and debt service
charge, for those users whose contribution contains biochemical oxygen demand (BOD),
chemical oxygen demand (COD), total suspended solids (TSS), or ammonia nitrogen
(NH;-N) in concentrations which exceed limits specified herein for such pollutants.
"Suspension of services" or "suspension" means a temporary physical interruption of sewer
services without revoking the permit itself.
"Total metals" means the sum of the concentrations of copper, nickel, total chromium, zinc,
and cadmium.
"Total Suspended Solids (TSS)" means the total suspended matter, expressed in milligrams
per liter, that floats on the surface of, or is suspended in, water, wastewater, or other liquids,
and that is removable by laboratory filtering in accordance with procedures set forth in EPA
Methods for Chemical Analysis of Water and Wastes or 40 CFR Part 136.7
"Toxic pollutants" means any pollutant or combination of pollutants listed as toxic in
regulations promulgated by the administrator of the Environmental Protection Agency under
the provisions of Section 307(a) of the Act (33 U.S.C. 1317) or other acts.
"User" means any person who discharges, contributes or causes the contribution of
wastewater into the POTW, storm water sewer system, stream, ditch, or other watercourse.
"Waste" means any solid, liquid, semi-solid, or gaseous material or substance which has
been discarded for any reason.
"Waste minimization" (see "Source reduction").
"Waste stream" means the liquid- or water-carried wastes from individual or combined
sources from a residential, commercial, industrial, or institutional establishment.
"Wastewater" means the liquid and water carried industrial, domestic, or other polluted
wastes or water from dwellings, commercial buildings, industrial plants, institutions,
persons, or from other means, together with any groundwater, surface water, and storm water
that may be present, whether treated or untreated, which is contributed into or may enter the
POTW, storm water sewer system, stream, ditch, or other water course.
"Wastewater classification survey" means the questionnaire that each industrial user must
complete and have on file at the city manager's office.
"Wastewater constituents and characteristics" means the individual chemical, physical,
bacteriological and radiological parameters, including volume and flow rate, and such other
parameters that serve to define, classify or measure the contents, quality, quantity and
strength of wastewater.
"Wastewater Ordinance" means Chapter 11-3, "Industrial and Prohibited Discharges,"
B.R.C. 1981.
"Wastewater system," "wastewater treatment system," or "wastewater utility" means any
devices, facilities, structures, equipment, or works owned or used by the city for the purpose
of the transmission, storage, treatment, recycling, or reclamation of wastewaters from within
or without the city and includes land or sites that may be acquired or used, that will be an
integral part of the treatment process, or that are used for ultimate disposal of residues
resulting from such treatment.
"Watercourse" means a natural or artificial channel for the passage of water either
continuously or intermittently.
(b) The following abbreviations have the following meanings:
"BOD" means biochemical oxygen demand.
"BIP" means Best Nlanagemeilt Practice
"°C" means degrees Celsius.
"GILT "means Categorical Industrial User.
"CFR" means the Code of Federal Regulations.
"COD" means chemical oxygen demand.
"EPA" means the United States Environmental Protection Agency.
"°F" means degrees Fahrenheit.
"L,pd" means gallons per day.
"1" means liter.
"lbs" means pounds.
"LEL" means lower explosive limit.
"mg" means milligrams.
"mgil" mean; milligrams her liter.
"NH3-N" means the total nitrogen component of ammonia.
"NPDES" means national pollutant discharge elimination system.
"PCB" means polychlorinated biphenyl.
" P(MV- means Publicly Owned Treatment Works.
"TOC" means total organic carbon.
"TSS" means total suspended solids.
Ordinance Nos. 5397 (1991); 5526 (1992); 5677 (1994); 5771 (1995)-_
11-3-4 General Prohibitions.
(a) No user or other person, whether or not subject to federal categorical pretreatment standards,
shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater
that may interfere with the operation or performance of the wastewater utility or pass
through the treatment system untreated'. These general prohibitions apply to all users of the
POTW whether or not the user is subject to national categorical pretreatment standards or
any other national, state or local pretreatment standards or requirements.
(b) No user or other person shall discharge any sewage, other polluted waters, or other
deleterious substance from any premises within the city into or upon any public highway,
street, sidewalk, alley, land, public place, stream, ditch, or other watercourse or into any
cesspool, storm or private sewer, or natural water outlet, except where suitable treatment has
been provided in accordance with provisions of applicable federal, state, and local laws.
(c) No user or other person shall discharge any sewage, polluted waters, or other deleterious
substances in violation of an industrial discharge permit.
(d) No user shall violate any provision of an applicable BMP.
(e,d) No user or other person shall discharge into the POTW the following substances or any
amounts of substances exceeding the following limits:
(1) Any liquids, solids, or gases that, 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 wastewater utility. At no time may
two successive readings on any explosion hazard meter, at the point of discharge into
the sewer, or at any point in the system, be more than five percent, nor may any
single reading exceed ten percent, of the lower explosive limit of the meter.
Wastewaters discharged into a public sewer may not have a flash point lower than
1 40°€F, as determined by analytical methods approved by the city manager.
Prohibited materials include, without limitation, gasoline, fuel oils, mineral oil,
lubricating oil, benzene, naphtha, ethers, carbides, perchlorates, and xylenei;
(2) Any wastewater having a pH less than 5.5 or greater than 10.5 or wastewater having
any other corrosive property capable of causing damage or hazard to structures,
operations, or personnel of the wastewater utility;
(3) Solid or viscous substances that may obstruct the flow or interfere with the operation
of the POTW, including, without limitation, cinders, sand, mud, cement, plaster, lime
slurry or sludge, stone or marble dust, asphalt residues, tar, wax, paraffin, paint,
chemical sludges or residues, metals, glass, plastics, wood, shavings, wastepaper,
paunch manure, excessive manure, hair and fleshings, blood, intestinal contents,
animal hooves or toenails, bones, hog bristles, hides or parts thereof, excessive
amounts of animal fat or flesh or particles of such materials larger than will pass
through a quarter inch screen, poultry entrails, heads, feet, or feathers, food
processing bulk solids, or garbage that has not been ground or comminuted to a
diameter of less than one-half inch 3;
(4) Any pollutant, including oxygen-demanding pollutants (BOD, COD, and TOC),
released in a discharge at a flow rate or pollutant concentration that will interfere
with the ability of the wastewater treatment plant to meet NPDES permit
4;
requirements
(5) Wastewater having a temperature that will cause the temperature of the wastewater
plant influent to exceed 40EC (104EF) or will inhibit the biological activity of the
wastewater treatments;
(6) Any storm waters, including, without limitation, surface runoff, roof leaders, catch
basins, or any other source;
(7) Any wastewater containing radioactive wastes or isotopes of a half-life or
concentration that exceeds provisions stated in Rules and Regulations Pertaining to
Radiation Control, Colorado Department of Public Health and Environment, State of
Colorado, 2001. Facilities with one discharge shall meet the state standards at the
single discharge location. If discharges from multiple locations contain radioactive
waste, the sum of all discharges shall meet the state standards;
(8) Any wastewater containing free, floating, or insoluble oil or oil or grease that will
solidify or become discernibly viscous at temperatures between 0°EC (32°€F) and
65'EC (150'EF). In no case may wastewater contain concentrations of oils, fats, or
grease that exceed one hundred milligrams per liter (100 mg/1) as determined by
analytical methods approved by the city manager;
(9) Any wastewater with objectionable color not removable in the treatment process,
including, without limitation, dye wastes, paint pigments, and vegetable tanning
solutions;
(10) Any malodorous liquids, gases, or solids that either singly or by interaction with
other wastes are sufficient to create a public nuisance or hazard to life or to prevent
entry into the sewers for maintenance and repair or for sampling;
(11) Any wastewater containing BOD, suspended solids, or total solids of such character
or quantity that unusual attention or expense is required to handle such materials at
the wastewater treatment plant; but a user may be permitted by specific, written
agreement with the city to discharge such materials and pay for costs incurred in the
treatment of such wastes;
(12) Any substance that may cause the effluent or any other product of the wastewater
treatment plant, such as sludges, scums, and residues, to be unsuitable for
reclamation and reuse. In no case may a substance discharged into the POTW cause
the wastewater treatment plant to fail to comply with NPDES permit requirements,
receiving-water quality standards, or biosolids use and disposal criterial;
(13) Any subsurface drainage, including, without limitation, groundwater, water from
underground drains, sump discharges, natural springs, water accumulated in
excavations, or any other drainage associated with construction except for
groundwater accepted into the POTW pursuant to Section 11-3-12, "Special
Agreements and Contracts," B.R.C. 1981, and rules issued by the city manager
pursuant to Section 11-3-24, "Rules," B.R.C. 1981;
(14) Any wastes or pollutants transported by truck or otherwise hauled into the city,
except at a discharge point designated by the city manager;
(15) Any discharges which produce toxic gases, vapors, or fumes that may endanger the
health or safety of POTW workers;
(16) Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in amounts
that will cause "interference" or "pass through" as defined in Section 11-3-3,
"Definitions," B.R.C. 1981; or
(17) Any hazardous waste as defined under federal or state laws.
(fe) No user or other person shall discharge into the POTW any material or substance not
specifically mentioned in this section that in itself is corrosive, irritating, or noxious to
human beings or animals or that by interaction with other water or waste in the public sewer
system could produce undesirable effects or create any other condition deleterious to
structures, treatment processes, and the quality of the receiving stream.
(_J) No user or other person shall make any false statement, representation, or certification,
knowing it to be false, in any application, record, plan, data, or document filed or required to
be maintained pursuant to this chapter.
(hg) No user or other person shall falsify, tamper with, or knowingly render inaccurate any
monitoring device or method required under this chapter.
(ih) The city manager may require any user or other person discharging a deleterious substance
to connect discharges legally to the POTW before continuing to generate said deleterious
substances.
40 C.F.R. 43.5(a).
i40 C.F.R. 403.5(b)(1).
'40 C.F.R. 403.5(b)(2).
340 C.F.R. 403.5(b)(3).
440 C.F.R. 403.5(b)(4).
540 C.F.R. 403.5(b)(5).
'See Section 11-3-12, "Special Agreements and Contracts," B.R.C. 1981.
Ordinance Nos. 5397 (1991); 5771 (1995); 7346 (2004)7, (2007).
11-3-5 Specific Pollutant Limitations and Maximum Allowable Industrial Loadings.
No user of the wastewater utility shall discharge wastewater containing pollutants in excess of the
following specific pollutant limitations, based on a sampling methodology that is most representative
of the actual discharge. The city manager may also prohibit in writing any pollutant discharged into
the wastewater utility that is within the concentration limitations but that interferes with the
wastewater treatment plant process.
SPECIFIC POLLUTANT LIMITATIONS
(a) Flash Point (closed cup method)
Minimum `-140 °d~gres F 6( 0 ° C)
PH*** Minimum " 5.5
Maximum' 10.5
Oil and grease `-100 mg/1
BTEX ` 750 ug/1
Benzene ` 50 ug/1
Explosion Meter
-Continuous Reading
-One Reading Maximum 10%
-Lower Explosive Limit (LEL)
Two Successive Readings 5%
-Lower Explosive Limit (LEL)
***When pH is monitored continuously it shall be a permit violation if there are any continuous
excursions of more than five minutes where the pH is either greater than 10.5 or less than a pH of
5.5, unless otherwise stated in the industrial discharge permit. Excursions of less than 5.0 are
violations regardless of duration.
(b) Maximum Allowable Industrial Loadings (lbs./day)
The city manager shall establish Maximum Allowable Industrial Loadings (MAILs) which
are protective of wastewater treatment plant, Boulder Creek and/or wastewater biosolids.
MAILs shall be established in accordance with 40 C.F.R. 403 and may evaluate loadings
based on all applicable criteria including, but not limited to, biosolid regulations, NPDES
permit requirements, in-stream water quality standards, and designated stream uses. The city
manager shall apportion MAILs to permitted significant industrial users within the users
Industrial Wastewater Discharge Permit. Apportioned MAILs issued under Industrial
Wastewater Discharge Permits shall be considered Pretreatment Standards, and as such are
enforceable. The sum of all apportioned MAILs may not exceed the total MAILs listed
below. The city manager may assign additional limits as deemed necessary to be protective
of the wastewater treatment system.
Maximum Allowable Industrial Loadings to be apportioned to permitted users (pounds per
day)
Arsenic: 0.86
Cadmium: 0.57
Chromium - Total: 31.72
Chromium - Hex: 6.32
Copper: 5.36
Lead: 2.29
Mercury: 0.043
Molybdenum: 2.09
Nickel: 3.53
Selenium: 1.67
Silver: 0.64
Zinc: 27.32
Ordinance Nos. 5397 (1991); 5677 (1994); 5771 (1995); 7346 (2004).
11-3-6 Preemption by State or Federal Standards unless City Standards more Stringent.
(a) All 1 lsers shall comply «-ith all applicable T4-e national categorical pretreatment standards as
t:urFently set forth in 40 C.F.R. Parts 400-499405 471, me to into these
e`ulatio„s and HFe adopted by e-t z except that the requirements of this chapter shall
s,upereede such federal ,tandard,, if such standard, are less stringent and in + iii h
the intent of than the requirements set forth in this chapter.
(b) If the federal government issues federal categorical pretreatment standards for an industrial
category that are more stringent than the standards prescribed by this chapter, such federal
standards supersede the standards prescribed by this chapter.
(c) The city manager reserves the right to establish discharge limitations more stringent than
federal and state requirements, or limitations contained herein, if deemed necessary to
comply with objectives of this chapter.
Ordinance Nos. 5771 (1995); 7346 (2004), (2007).
11-3-7 Dilution of Discharge.
No user shall increase the use of process water or, in any way, attempt to dilute a discharge as a
partial or complete substitute for adequate treatment to achieve compliance with any applicable
limitations.) The city manager in consultation with the user shall determine whether a dilution has
occurred.
140 C.F.R. 403.6(d).
Ordinance No. 5771 (1995).
11-3-8 Accidental Discharges.
(a) Each user shall ensure that the POTW is protected from accidental discharge of prohibited
materials or other substances regulated by this chapter which are discharged by or from the
user's facilities. Such protection-, including but not limited to containment, storage, and
sealed drains , shall be provided and maintained by the user at the owner's or user's own cost
and expense. Upon request by the city, a user may be required to submit detailed plans
including, staff training rocedures and procedures for handling accidental discharges of
materials or substances regulated by this chapter to the POTW.
(1) Each user shall permanently post a spill prevention and notification procedure in
compliance with this section on its bulletin board and prominently display the
procedure at each area of possible accidental discharge.
(2) In the case of an accidental discharge, no user shall fail to notify immediately by
telephone the superintendent or supervisor at the city's wastewater treatment plant of
the location of discharge, type of waste, concentration, volume, and corrective
actions. In addition to taking any other remedies for a failure to report accidental
discharges, the city manager may revoke any discharge permit issued to the user.
(3) Within five working days following an accidental discharge, the user shall submit to
the city manager a detailed written report describing the cause of the discharge and
measures to be taken by the user to prevent similar future occurrences. Such
notification does not relieve the user of any expense, loss, damage, or liability that
may be incurred from damage to the wastewater utility or quality of receiving stream
or any other damage to persons or property. Such notification shall not relieve the
user from any fines, civil penalties, or other liability that may be imposed by this
chapter or other applicable law.
(b) The city manager may require installation, operation, and maintenance of facilities to prevent
accidental discharge of such materials or substances, at the user's expense.
Ordinance No. 5771 (1995); (2007)..
11-3-9 Treatment and Disposal of Amalgam Wastewater.
Discharge of wastewater containing dental amalgam must follow the requirements set forth in Rules
Concerning Treatment And Disposal OfAmalgam Wastewater Within The City QLBoulder, April
21, 2007.
Ordinance3 Nos. (2007).
11-3-310 Septage Tank Waste.
Discharge of septage tank waste must follow requirements set forth in City of Boulder Policy and
Procedure for Septage Waste Dumping, City of Boulder Wastewater Utility, February, 2002.
Ordinance Nos. 5677 (1994); 7346 (2004).
11-3-110 Grease/Sand Interceptors and Grease Traps.
(a) No person operating a filling station, garage, or similar facility having wash or grease racks
shall discharge into the wastewater utility unless such person has installed and properly
maintains a grease/sand interceptor or grease trap of a size and construction approved by the
city manager, for such facility.
(b) No person operating a restaurant or food preparation establishment discharging wastewater
containing greater than one hundred milligrams per liter (100 mg/1) of oil and grease or that
causes grease buildup or blockage of the POTW shall fail to install a grease/sand interceptor
or grease trap.
(c) All grease/sand interceptors or grease traps shall be properly inspected and serviced at a
minimum of once every six months, and as additionally required to prevent excessive grease
or sand from entering the POTW. Excessive grease is any discharge containing grease in
excess of one hundred milligrams per liter (100 mg/1) or which causes grease buildup or
blockage of the POTW. Excessive sand is any discharge of sand which causes a blockage or
obstruction of the POTW. Records of maintenance and service shall be kept on file by the
owner or operator for a minimum of three years and shall be made available for review by
the city manager.
Ordinance No. 5771 (1995).
11-3-12-1 Photographic Material Processing.
(a) No person operating photographic material processing equipment including, without
limitation, the development of silver bearing film, x-ray film, or photographic paper, shall
discharge silver bearing photographic solutions into the wastewater utility at a level of silver
concentration in excess of one hundred milligrams per liter (100 mg/1). This limit shall
become effective on December 31, 1999.
(b) All photographic processors shall either recover silver from spent solutions as set forth in
subsection (a) of this section, or utilize off site disposal in a manner consistent with federal,
state, and local, laws and regulations.
(c) Photographic material processing equipment users that recover silver from spent solutions
must properly maintain each silver recovery system at a minimum of once every six months.
Additional periodic maintenance shall be required as recommended by the manufacturer,
and as necessary to meet the limitations set forth in subsection (a) of this section. Records of
maintenance and service shall be kept on file by the owner or operator for a minimum of
three years and such records shall be made available for review upon request by the city
manager.
(d) The owner or operator of photographic material processing equipment that chooses off site
disposal of silver bearing solutions shall keep records of purchases and disposals on file for a
minimum of three years and such records shall be made available for review upon request by
the city manager.
(e) Sampling to determine compliance with this section shall be at a location immediately
following treatment for silver removal and prior to dilution or mixing with other waste
streams.
11-3-13? -Special Agreements and Contracts.
(a) No statement contained in this chapter shall be construed as prohibiting special written
agreements between the city and any user allowing wastes of unusual strength or character to
be admitted to the wastewater utility.
(1) A special written agreement may include groundwater, but shall not include domestic
wastes.
(2) Except as set forth below, agreements shall require treatment consistent with, or
similar to, federal, state, and local, laws and regulations.
(3) The user shall compensate the city for any additional costs of treatment and for any
other costs incurred by the city as determined by the city manager including, without
limitation, the following:
(A) Costs associated with review and issuance of the permit or agreement
consistent with hourly review rates for city staff as outlined in Section 4-20-43,
"Development Application Fees," B.R.C. 1981;
(B) Costs associated with ongoing monitoring; and
(C) Indemnification of the city, its officers, employees, and agents, for any costs
to such parties, including staff time and attorney's fees, for damages,
judgments, fines, settlements, costs, and expense which may in any manner
accrue against such party as a consequence of the grant of such permit.
(b) The city manager may execute an agreement to exceed any specific pollutant limitations
required by this chapter, only if the manager finds that:
(1) The user is making reasonable progress toward eliminating the violation;
(2) Compliance with the specific pollutant limitation during a time period agreed upon
for installation of proper pretreatment equipment would impose undue hardship; and
(3) Acceptance of the discharge does not adversely affect the wastewater utility nor
cause violation of the city's NPDES discharge permit and applicable federal and
state laws.
Ordinance Nos. 5397 (1991); 7400 (2004); (2007)..
l l-3-4--4-14 Wastewater Classification Surveyl
(a) Sixty days prior to discharge into the city wastewater utility, all users, required by the city
manager, shall pay the filing fee prescribed by Section 4-20-31, "Wastewater Classification
Survey Filing Fee and Industrial and Groundwater Discharge Permit Fees and Charges,"
B.R.C. 1981, and complete and file with the city manager a wastewater classification survey
containing the following information:
(1) Name and facility address;
(2) Type of services rendered and products produced;
(3) Principal raw materials and catalysts used;
(4) Plant operational characteristics;
(5) Water use information;
(6) Wastewater discharge information;
(7) Wastewater generation;
(8) Wastewater quantities and constituents;
(9) Wastewater pretreatment;
(10) Non-discharge wastes and their disposal;
(11) SIC number according to the Standard Industrial Classification Manual, Bureau of
the Budget 1987 or the North American Industry Classification System (NAILS);
(12) Documented average daily and thirty minute peak wastewater flow rates, including
daily, monthly and seasonal variations, if any;
(13) Site plans, floor plans, mechanical and plumbing plans, and details to show all
known sewers, sewer connections and appurtenances by the size, location, and
elevation;
(14) Description of activities, facilities, and plant processes on the premises, including all
materials which are or could be discharged;
(15) Each product produced by type, amount, process or processes, and rate of
production;
(16) Type and amount of raw materials processed (average and maximum per day);
(17) Number and type of employees, and hours of operation of plant and proposed or
actual hours of operation of pretreatment system;
(18) Waste minimization information as requested by the city manager; and
(19) Any additional information determined to be relevant by the city manager.
(b) All users obtaining a building permit for initial construction or for building expansion or
remodeling shall complete and submit the survey to the city manager for review prior to
approval of the building or remodeling permit.
(c) All users shall update the wastewater classification survey on file with the city manager once
every fire vears or whenever significant changes are made in the wastewater discharge.
Significant changes include, without limitation, an increase or decrease in wastewater
volume, concentration of materials or substances, or changes in types of wastes that will last
for a period exceeding normal wastewater production variations. If the normal quantity or
quality of the discharge has changed, the user shall so notify the city manager by letter. The
city manager may request a new submittal of the wastewater classification survey as deemed
necessary.
'40 C.F.R. 403.8(f)(2)(i).
Ordinance Nos. 5771 (1995); 7346 (2004); (2007)..
11-3-44-15 Industrial Discharge Permits.
(a) A user shall obtain an industrial discharge permit if the user:
(1) Has a monthly process water contribution to the POTW over seven hundred fifty
thousand gallons;
(2) Is subject to an excess user charge for TSS, NH3-N, BOD, or COD as provided in
this chapter;
(3) Is subject to federal categorical pretreatment standards;
(4) Is determined by the city manager to have significant impact, or the potential to have
impact based on the characteristics of the potential discharge or the operation and
management practices of the user, either singly or in combination with other
contributing industrial users, on the quality of the wastewater treatment plant's
effluent, biosolid, scum, or residues or on the treatment process or facilities; or
(5) Is determined by the city manager to violate any of the provisions of Sections 11-3-4,
"General Prohibitions," and 11-3-5, "Specific Pollutant Limitations and Maximum
Allowable Industrial Loadings," B.R.C. 1981, or have the potential to violate any
such provisions based on the characteristics of the potential discharge or the
operation and management practices of the user; or
(6) Is a "significant user" as defined in Subsection 11-3-3(a), B.R.C. 1981.
(b) Users required to have an industrial discharge permit shall apply for a permit at least sixty
days prior to discharging into the POTW.
(c) Industrial discharge permits. including General Pretreatment Perinit._ are subject to all
provisions of this chapter and all other applicable regulations, user charges, and fees
established by the city. Permits may contain, without limitation, the following:
(1) Limits on the average and maximum concentration or mass of wastewater
constituents and characteristics;
(2) Limits on average and maximum rate and time of discharge or requirements for flow
regulation and equalization;
(3) Schedules for installation of pretreatment equipment to bring discharge into
compliance with applicable regulations 2;
(4) Requirements for installation and maintenance of inspection and sampling facilities;
(5) Specifications for monitoring programs that include sampling locations; frequency of
sampling; number, type and standards for tests; and reporting schedules;
(6) Requirements for submission of technical reports, discharge reports, and compliance
progress reports 3;
(7) Requirements for maintaining and retaining records relating to wastewater discharge
as specified by the city and affording city access thereto 4;
(8) Requirements for notification and control of slug disc hargesled cls;
(9) Requirements for notification of the city of the new introduction of wastewater
constituents or any change in character of the wastewater constituents or average
volume being introduced into the wastewater utility 5;
(10) Requirements for implementation -of Best Management Practices (BMP)..
(101) Compliance schedules;
(124-) A requirement that industrial waste be discharged into the sanitary sewer by a
connection separate from that by which domestic waste from the same premises is
discharged, except that a single connection discharging both industrial waste and
domestic waste may be used when it has been determined by the city manager that:
(A) Industrial waste is a minor and acceptable portion of the sewage;
(B) Industrial waste can be kept separate in ththe user's facility and pretreated to
meet effluent limits before combining with the domestic waste; and
(C) Combined sewage can be pretreated to meet effluent limits;
(123) A requirement that each person discharging industrial waste into the POTW
construct suitable sampling and gauging stations. includin, flo« measurement
de-ices, or provide such inspection facilities as may be required by the city manager;
(1~4) A requirement that each person discharging industrial waste into the POTW, at the
user's own expense, provide and maintain continuously such pretreatment as may be
required by this chapter;
(15) A requirement that the user xvill develop and implement spill control plans or other
special conditions including management practices necessary to adequately prevent
accidental, unanticipated, or nonroutine discharges:
(16) A provision that the city manager, at any time before or after granting a permit,
require additional pertinent information from each person discharging industrial
waste into the POTW;
(1D-5) A requirement that the user will indemnify, to the extent legally permissible, the city,
its officers, employees and agents for damages, judgments, costs and expense which
may in any manner accrue against the city in consequence of the grant of such
permit;
(168) A requirement that all new laterals connecting to the main sanitary sewer and all new
sanitary sewers and extensions must be designed and constructed in accordance with
the city's standard specifications;
(19) A requirement that all users shall comply with all applicable federal laws and
regulations, including without limitation all applicable pretreatment standards and
requirements, except where such laws and regulations are less stringent that required
by this chapter.
(204-) A requirement that all permittees are subject to the administrative and civil
enforcement provisions of this code, and, to the extent permitted by law, the city's
criminal jurisdiction as well; and
(214-9) Other conditions, incl dine B-N4Ps as deemed necessary by the city manager to
enforce the provisions of this chapter.
(d) The city manager shall issue industrial discharge permits for a specified time period not to
exceed five years. The user shall apply for permit reissuance at least sixty days prior to the
expiration of the user's existing permit. The terms and conditions of the permit may be
subject to modification by the city manager during the term of the permit if limitations or
requirements are modified, if necessary to meet requirements of ththe city's NPDES
discharge permit, or if there is other good cause. Any changes or new conditions in the
permit shall include a reasonable time schedule for compliance.
(e) No permittee shall violate the terms and conditions of the permittee's industrial discharge
permit.
(f) An applicant for a permit shall pay the fees prescribed by Section 4-20-31, "Wastewater
Classification Survey Filing Fee and Industrial and Groundwater Discharge Permit Fees and
Charges," B.R.C. 1981.
(g) An industrial discharge permit may not be sold, traded, assigned, sublet, or otherwise
transferred. Any new significant industrial user must obtain an industrial discharge permit
regardless of whether a permit previously existed for the same premises.
(1 The city nlarlaLer tllav issue " (Teneral Pretreatment Permit," consistent with this Chapter.
A. At the dlscrettotl 01 the city tllamw,en the c1tV ma11ager tllay ll,e L-,etleral pernlltS to
control SIU discharges to the POTW if the following conditions are met. All facilities to
be covered by a general permit must:
(1) Involve the same or substantially similar types of operations;
(2) Discharge the same types of wastes;
(3) Require the same effluent limitations;
(4) Require the same or similar monitoring; and
(5) In the opinion of the city manager, are more appropriately controlled under a
general permit than under individual control mechanisms.
B. To be covered by the general permit, the SIU must file a written request for coverage
that identifies its contact information, production processes, the types of wastes
generated, the location for monitoring all wastes covered by the general permit, any
requests in accordance with 40 CFR 403.12(e)(2)5seetie - for a monitoring
waiver for a pollutant neither present nor expected to be present in the Discharge, and
any other information the POTW deems appropriate. A monitoring waiver for a pollutant
neither present nor expected to be present in the discharge is not effective in the enteral
permit until after the city manager has provided written notice to the SILT that such a
waiver request ha; been -,ranted in accordance with 40 CFR 403.12(e)(2)Se }
B7C. The city manager must retain a copy of the general permit, documentation
to support the POTW's determination that a specific SIU meets the criteria in
403.8(t)(1)(iii)(A)(1)
140 C.F.R. 403.8(f)(1)(iii).
240 C.F.R. 403.8(f)(1)(iv).
340 C.F.R. 403.8(f)(1)(iv)(B).
440 C.F.R. 403.8(f)(1)(v).
540 C.F.R. 403.8(f)(1)(i).
Ordinance Nos. 5397 (1991); 5526 (1992); 5771 (1995); 7346 (2004); (2007)..
11-3-4-5-16 Monitoring Facilities.
(a) Whenever the city manager finds it necessary, a user shall provide and operate, at its
expense, monitoring equipment and facilities sufficient to allow inspection, sampling, and
flow measurements of the private sewer or internal drainage system. The owner of any new
building constructed or proposed to be constructed in an industrially zoned area with a floor
space of greater than 5,000 square feet or with a water meter size of greater than three-
fourths inch shall install a monitoring facility prior to final building inspection approval.
(b) The monitoring facility shall normally be situated outside of the building on the user's
premises. If the user's service line ties into an existing city utility access point and such
utility access point allows for safe sampling and isolation of the user's discharge, the city
manager may allow the utility access point to serve as the user's monitoring facility, but the
city manager may require that the user provide and operate an alternate monitoring facility, if
the city manager finds it is necessary.
(c) Whenever required by the city manager, any significant user or user discharging prohibited
substances or specific pollutants serviced by a private sewer carrying non-residential
wastewater shall install a monitoring facility for each separate discharge that the city
manager finds necessary to monitor. Each separate monitoring facility shall meet
requirements set forth by the city manager with safe and independent access for city
personnel at all times.
(d) The user shall maintain the utility access point or facility to allow for accurate sampling and
preparation of samples for analysis. The user shall maintain the facility it owns and operates
and all sampling and measuring equipment at all times in a safe and proper operating
condition at the user"s expense.
(e) Whether constructed on public or private property, the user shall construct the sampling and
monitoring equipment and facilities in accordance with monitoring requirements and all
applicable city construction standards and specifications within sixty days following written
notification by the city manager or before final building inspection approval.
(f) All users shall provide safe access to sampling and monitoring sites and pretreatment
facilities at all times for authorized city personnel.
Ordinance No. 5771 (1995).
11-3-4-6--17 Sampling and Analysis.
(a) All users shall obtain city manager approval for all sampling and measuring equipment prior
to its installation or use. All measuring, tests, and analyses and all sampling shall be at the
expense of the industrial user.
(b) All measurements, tests, and analyses of the characteristics of water and wastes shall be
determined in accordance with the techniques and procedures prescribed in 40 C.F.R. Part
136 or with any other test procedures approved for wastewater by the EPA or the city
manager. Samples shall be taken from the utility access point, or other specified location as
described in the permit. The city manager may direct a user to save a sample split of any
reported sample and to deliver the sample to the water quality laboratory for analytical
verification.
(c) The Citymanager shall require that frequency of nIonitoring necessary to assess and assure
compliance by Indu,,trial Users ~vitlh applicable Pretreatment Standards and Recliiirements.
Grab samples shall be used for pH, cyanide, total phenols, oil and grease, sulfide, and
volatile organic compounds. For all other pollutants, 24-hour composite samples shall be
obtained through flow-proportional composite sampling techniques, unless time-proportional
composite sampling or drab sampling is authorized by the city manager. Where time-
proportional composite sainpling, or grab sampling is authorized by the city manager, the
sample,, shall be representative of the dischar~,e and the decision to allow the alternative
,,am ~1~ ing must be documented in the Industrial User file for that facility or facilities. Using
protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate
EPA -,uidatice. multiple grab samples collected dtiring a 24-hour period may be composited
prior to the analysis as follows: For cyanide. total phenols, and sulfides, the samples inay be
composited in the laboratory or in the field; for volatile organics and oil and grease, the
sainnples may be composited in the laboratory. Composite samples for other parameters
unaffected by the compositing_procedures as documented in approved EPA methodologies
man be authorized by the city manager, as appropriate.
For sanlplim, required in support of baseline monitoring and 90-day compliance reports, a
minimum of four (4) grab samples shall be used for pH, cyanide, total phenols, oil and
L-rease, sulfide and volatile organic compounds for facilities for which historical sampling
data do not exist. For facilities for which historical sampling data are available, the city_
manager may authorize a lower minimum. When grab samples are required, the city
manaaer shall require the number of grab samples necessary to assess and assure compliance
by Industrial Users with Applicable Pretreatinent Standards and Requirements.
(c) The city manager shall determine the frequency of sampling, measuring, and analyses and
include them as conditions of the user's industrial discharge permit. The city manager may
impose mass limitations on industrial users that use flow equalization to meet applicable
standards or requirements or in other cases where imposition of mass limitations are
appropriate.
(d) The city manager shall have the authority to sample and inspect each significant industrial
user at least once a year, and more often as necessary, and to inspect any other industrial user
as needed to insure compliance with this chapter.
(e) Whenever sampling and analysis is utilized for determining compliance with this chapter, a
violation of any limitation required by this chapter shall occur at discharge monitoring points
designated in an industrial discharge permit or at a representative sampling point, if there is
no industrial discharge permit. Violations at such monitoring points shall constitute
violations of the industrial discharge permit or this chapter.
(f) The city manager shall have the authority to require users to conduct groundwater and soil
sampling when there is probable cause to believe that any surface or groundwater on or
emanating from the property violates any federal, state, or local regulations including:
(1) Colorado Department of Public Health and Environment, Basic Standards for
Surface WaterfI'
(2) Colorado Department of Public Health and Environment, Basic Standards for
Groundwaterf"
(3) Federal listing of hazardous wastesfi1
("3.11.0, et sec . (5 CCR 1002-8), as amended.
f"40 C.F.R. Section 261.
Ordinance Nos. 5397 (1991); 5677 (1994); 5771 (1995); (2007).
11-3-1-7--18 Reporting Requirementsfn
(a) All significant industrial users and all users required to -have a permit, shall submit reports
to the city manager at least once every six months or as required by the permit. Reports shall
contain information and data indicating the nature, concentration, and flow of pollutants as
required by the permit. In cases where the permit requires compliance with a Best
Management Practice. the SIU must submit documentation required by the permit to
determine compliance.-a+A _,shall be s ed by -the fizz a ,'1 ntat ve of the , -
J
(b) All SIUs subject to' federal categorical
pretreatment standards shall also comply with the reporting requirements set forth in 40
C.F.R. Section 403.12.
(c) The reports required in this Section shall be based upon data obtained through appropriate
sampling and analysis performed during the period covered by the report, which dates are
representative of conditions occurring during the reporting period.
(d) If sampling performed by an Industrial User indicates a violation, the user shall notify the
city manager within 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 city manager
within 30 days after becoming aware of the violation. Where the city tuanager h&s
performed the sanlphnL, and a1181Vs1s 111 hell of the hldustrlal jTser. the city iiana,-,er must
perform the repeat sampling and analysis unless it notifies the User of the violation and
requires the User to perform the repeat analysis.
(ee) Reports shall be signed by an authorized representative and shall include the following
statement: "I hereby 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 gathered and evaluated the information submitted.
Based on my examination of the person or persons who managed 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 fines and
imprisonment for knowing violations."
(fd) Any user may be required to submit periodic self-monitoring reports to the city manager if
such reporting is deemed necessary in order to assess the potential impact of a discharge into
the POTW. This includes, but is not limited to, the discharge of toxic pollutants by the user.
Permittees and users hallmay also be required to submit reports concerning non-
compliance with industrial discharge permits or this chapter. Any report submitted pursuant
to this section shall follow the signatory and certification requirements set forth in this
chapter.
f) Any user subject to the requirements of this ordinance shall retain, and make available for
inspection and cope, all records of information and any associated documentation
including. but not limited to, documentation associated with BMPs. These records shall
remain available for a period of at least three (3) years. This period shall automatically be
extended for the duration of anv litigation concerning the user.
f'40 C.F.R. 403.8(f)(1)(iv)(B).
Ordinance No. 5397 (1991); 5771 (1995); (2007).
11-3-44-19 Suspension and Revocation of Permit.
(a) The city manager may suspend or revoke an industrial discharge permit and the permission
of such user to discharge industrial waste or wastewater into the POTW when such
suspension or revocation is necessary, in the opinion of the city manager, in order to stop any
discharge which presents or may present an imminent or substantial endangerment to the
health or welfare of persons or to the environment, causes interference to the POTW, or
causes the city to violate any condition of its NPDES permit.
(b) Any person notified of a suspension or revocation of the industrial discharge permit shall
immediately stop or eliminate the discharge of all industrial waste or wastewater into the
POTW. In the event of a failure of the person to comply with the suspension or revocation
order, the city manager shall take such steps as deemed necessary, including immediate
severance of the sanitary sewer connection, to prevent or minimize damage to the POTW or
endangerment of any individuals. The city may reinstate the industrial discharge permit
upon proof of the elimination of the non-complying discharge. A detailed written statement
submitted by the user describing the causes of the harmful contribution and the measures
taken to prevent any future occurrence shall be submitted to the city manager within thirty
days of the date of occurrence.
(c) In addition to, or in lieu of, any other penalties imposed by this section, the city manager
may seek the suspension or revocation of any permit issued pursuant to this chapter if the
user:
(1) Violates any condition of the permit;
(2) Violates any of the provisions of this chapter or applicable state and federal
regulations;
(3) Fails to report factually the wastewater constituents and characteristics of the
discharge;
(4) Fails to report significant changes in operations or wastewater constituents and
characteristics;
(5) Knowingly makes a false statement in the wastewater survey;
(6) Obtains the permit fraudulently or by making a misrepresentation;
(7) Tampers with, disrupts, or damages city monitoring and sampling equipment or
facilities;
(8) Refuses reasonable access to the user's premises for the purpose of inspection or
monitoring; or
(9) Fails to pay fees or charges timely.
(d) Whenever the city manager finds that any user has violated or is violating any provision of
this chapter, including, without limitation, any provision of an industrial discharge permit,
the city manager may serve upon such person a written notice stating the nature of the
violation and providing a reasonable time, not to exceed forty-five days, for the satisfactory
correction thereof. The user may request a meeting with the city manager to discuss the
violation or the correction schedule.
(e) If the city manager finds one of the grounds in subsections (a), (b), or (c) of this section or
any other ground for suspension or revocation in this code, the city manager shall determine
whether to revoke the license for the remainder of its term or suspend it for any shorter
period according to severity of the disqualification, its effect on public health, safety, and
welfare, and the time during which the disqualification can be remedied if at all.
(f) Before the hearing required by subsection (g) of this section, the city manager may suspend a
permit for up to twenty days, if the city manager determines that the suspension is necessary
to prevent an imminent danger to the public health, safety, and welfare. The city manager
may include in the temporary suspension reasonable orders or conditions with which the
permittee shall comply to protect the public health and safety. Any breach of such conditions
or orders is an independent ground for revocation of the permit.
(g) Except for such emergency suspension authorized by subsection (f) of this section, no such
suspension or revocation shall be final until the permittee has been given the opportunity for
a hearing to contest the suspension or revocation under the procedures prescribed by Chapter
1-3, "Quasi-Judicial Hearings," B.R.C. 1981.
(h) If, after a hearing, the suspension or revocation is upheld, the city manager may include
reasonable orders or conditions with which the person whose license has been suspended or
revoked shall comply to protect the public health, safety, and welfare.
(i) The user shall pay all costs and expenses associated with any such suspension and
restoration of service.
(j) The city manager is authorized to seek a temporary restraining order and an injunction to
halt or abate any dangerous discharges immediately.
Ordinance Nos. 5677 (1994); 5771 (1995); (2007).
11-3-4--9--20 Civil and Criminal Liability for Expenses and Fines.
(a) Any user violating provisions of this chapter shall be liable under any applicable federal,
state, or local law for any expense, loss, or damage caused the city by reason of such
violation, including the increased costs for managing effluent, sludge, or operations when
such increases are the result of the user"s discharge.
(b) If a user discharges such pollutants that cause the city to violate any condition of its NPDES
permit and to be fined by EPA or the state for such violation, such user is fully liable for the
total amount of the fine assessed against the city, including, without limitation, all legal,
sampling, and analytical testing costs.
(c) The penalty for violation of any provision of this chapter is a fine of not more than $1,000.00
per violation per day, or incarceration for not more than ninety days in j ail, or both such fine
and incarceration.
(d) For the purposes of this chapter a single violation consists of a violation of any provision of
this chapter including, without limitation, any provision of an industrial discharge permit or
any of the specific pollutant limitations contained in Section 11-3-5, "Specific Pollutant
Limitations," B.R.C. 1981. The city manager may pursue, singly or in combination, any
remedies provided by this chapter.
fn 40 C.F.R. 403.8(f)(1)(vi)(A).
fn 40 C.F.R. 403.8(f)(1)(vi)(B).
Ordinance No. 5397 (1991).
11-3-2-0-21 Injunctive Relief.
If any user discharges into the city wastewater utility in violation of this code, federal or state law or
regulations, or any order of the city, the city attorney may commence an action for legal or equitable
relief, including a petition in a court of appropriate jurisdiction for a temporary restraining order and
preliminary and permanent injunctions against the violation.
11-3-2~2? Administrative Enforcement Remedies.
(a) Notice of Violation: Whenever the city manager finds that any user or other person has
violated or is violating this chapter, or a permit or administrative order issued hereunder, the
city manager may have served upon said user an administrative notice of violation. The
notice may require an explanation of the violation and the submission of a satisfactory plan
for the correction and prevention thereof. Submission of the plan and completion of any
related actions shall not relieve the user or other person of liability for any violations of this
chapter occurring before or after receipt of the notice or prevent the city manager from
taking any other enforcement action authorized under this chapter.
(b) Administrative Orders: Whenever the city manager finds that any user or other person has
violated or is violating this chapter, or a permit or administrative order issued hereunder, the
city manager may have served upon said user or other person an administrative order. Such
order may be a compliance order, a show cause order, a cease and desist order, or an order
assessing an administrative fine. Compliance with an administrative order shall not relieve
the user or other person of liability for any violations occurring before or after the issuance
of the administrative order or prevent the city manager from taking any other enforcement
action authorized under this chapter.
(c) Consent Orders: The city manager is authorized to enter into consent orders establishing an
agreement with any user or other person responsible for non-compliance with the provisions
of this chapter, or of a permit or administrative order issued under this chapter. Such orders
shall include specific action to be taken to correct the non-compliance within a time period
also specified by the order.
(d) Hearings:
(1) Whenever the city manager finds that any user or other person has violated or is
violating this chapter, or a permit or administrative order issued hereunder, the city
manager may hold a show cause hearing. A show cause order specifying the time
and place of the hearing, the reason for the hearing, any proposed enforcement
action, and a request that the user or other person show cause why the proposed
enforcement action should not be taken, shall be served on the user or other person.
The show cause order shall be served on the user or other person at least ten days
prior to the hearing. Whether or not a duly notified user or other person appears or is
represented at the hearing, the city manager may immediately pursue any other
enforcement action authorized under this chapter.
(2) Any user or other person that has been served with an administrative order may
request, within fourteen days of receipt of such administrative order, an
administrative hearing to be conducted by the city manager. The city manager shall
hold a hearing pursuant to Chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981,
within twenty-one days of such request.
(e) Administrative Fines: Whenever the city manager finds that any user or other person has
violated or is violating this chapter, or a permit or administrative order issued hereunder, the
city manager may issue and serve on the user or other person an administrative order
assessing an administrative fine against the user or other person. The city manager may
assess an administrative fine of up to $1,000.00 for each violation of this chapter and for
each violation of any section or individual constituent of an industrial discharge permit.
Each day on which violations continue shall be deemed to be separate and distinct violations.
In addition, the city manager may assess a charge to recover costs incurred by the city to
investigate and prosecute the alleged violations. Such assessed fines may be added to the
user's or other person's next scheduled sewer service charges and if not paid may be
collected as other delinquent utility charges under this chapter. Such unpaid fines shall also
constitute a perpetual lien as provided against the real property to which the sewer service is
provided. Payment of an administrative fine shall not relieve the user or other person of any
other liability provided for under this chapter or prevent the city manager from taking any
other enforcement action authorized under this chapter.
(f) Administrative Appeal Procedure: Any user or other person affected by and dissatisfied with
any decision, action, administrative order, assessment of administrative fine, or
determination made and issued by the city manager in interpreting, enforcing or
implementing the provisions of this chapter, or the provisions of any permit or administrative
order issued under this chapter, may file with the city manager a written request for
reconsideration. Such request shall be filed within fourteen days of such decision, action,
administrative order or determination and shall set forth in detail the facts supporting the
request. The city manager shall hold a hearing pursuant to Chapter 1-3, "Quasi-Judicial
Hearings," B.R.C. 1981, within twenty-one days of such request and shall issue a decision
within twenty-one days from the date of the hearing. The original decision, action,
administrative order or determination shall remain in effect during the reconsideration
period.
(g) The parties may agree to modify the time requirements in this section.
11-3-2-2--23 Public Notificationfi'
The city manager shall annually publish in a newspaper of general circulation in the city a list of all
users that are in "significant non-compliance" as defined in Subsection 11-3-3(a), B.R.C. 1981,
during the twelve previous months and a summary of any enforcement actions taken against such
users during the twelve month period.
f'40 C.F.R. 403.8(f)(2)(vii).
Ordinance No. 5397 (1991).
11-3-22-3--24 Excess User Charges.
(a) Users required to obtain an industrial discharge permit and discharging wastes in excess of
average strength sewage (230 mg/1 BOD, 220 mg/l TSS, 25 mg/l NH3-N, or 490 mg/l COD)
shall pay excess user charges in addition to wastewater utility fees prescribed by Section 4-
20-28, "Monthly Wastewater User Charges," B.R.C. 1981.
(b) Sampling, analyses, and reporting requirements to determine the excess user charge are a
condition of the user's industrial discharge permit and shall be carried out in accordance with
procedures contained in this chapter.
(c) On discharges of consistent strength, the city manager may compute a standard excess user
charge based on average strength of the user's discharge. The user shall sample, analyze,
and report discharge strengths on a periodic basis to ensure consistency of sewage strength.
Ordinance Nos. 4879 (1984); 5158 (1988); 5526 (1992); 5771 (1995).
11-3-2-x 215 Rules.
(a) The city manager may promulgate such rules as the manager considers necessary to
implement and enforce this chapter.
(b) No person shall violate any rule issued by the city manager under this section.
Ordinance No. 5397 (1991).
11-3-2-26 Notification of Hazardous Waste.
Any user who discharges a characteristic or listed hazardous waste, as defined by federal lawshall
promptly notify the city manager in writing of the discharge. Notification, as required by this
section, shall contain such information as required by federal lawfn
f"40 C.F.R. 261.
fn 40 C.F.R. 403.12(p).
Ordinance No. 5397 (1991).
11-3-2~ 27 Disconnection and Reconnection.
Upon the suspension of services or revocation of any permit issued pursuant to these regulations, the
city manager may disconnect from the sewer system any user"s premises if the user has failed to
make such disconnection or comply with these provisions. Whenever a sewer has been disconnected
by the city manager for failure to comply with these provisions, reconnection may be made only
upon written authorization or of issuance of a new permit by the city manager. Before such permit is
issued, the applicant shall pay the city for the cost of the disconnection made and for the anticipated
cost of the reconnection.
Ordinance No. 5771 (1995).
11-3-22-7-28 City's Right of Revision.
The city reserves the right to establish more stringent limitations or requirements on discharges to
the POTW at any time.
Ordinance No. 5771 (1995).
11-3-228-29 Fees and Charges.
All users shall pay fees as set forth in Section 4-20-28, "Monthly Wastewater User Charges," B.R.C.
1981.
Ordinance No. 5771 (1995).
11-3-22-9-30 Inspection.
(a) The city manager shall have access to and shall be allowed to inspect the facilities and
records of any user to ascertain whether the purposes of this chapter are being met and
whether all requirements are being satisfied. Occupants of premises where wastewater is
created or discharged shall allow the city manager ready access at all reasonable times to all
parts of the premises for the purposes of inspection, sampling records examination, taking
photographs, and copying, or the performance of any of the city manager's duties under this
chapter. The city, 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 and
metering operations.
(b) If a user has security measures in force which would require proper identification and
clearance before entry into the user's premises, the user shall make necessary arrangements
with its security guards so that upon presentation of suitable identification, personnel from
the city or the EPA will be permitted to enter, without delay, for the purposes of performing
their responsibilities under this chapter.
Ordinance No. 5771 (1995).
11-3-4~-3 t Pretreatment Facilities.
(a) Users shall provide necessary wastewater treatment as required to comply with this chapter
and shall achieve compliance with all federal categorical pretreatment standards within the
time limitations as specified by the federal pretreatment regulations. Any facilities required
to pretreat wastewater to a level acceptable to the city manager shall be operated and
maintained at the user's expense.
(b) Detailed plans showing the pretreatment facilities and operating procedures shall be
submitted to the city manager for review, and must be certified as acceptable to the city
manager before construction of the facility. The review of such plans and operating
procedures shall in no way relieve the user from the responsibility of modifying the facility
as necessary to produce an effluent acceptable to the city manager under the provisions of
this chapter. Any subsequent changes in the pretreatment facilities or method of operation
shall be reported to and must be certified as acceptable to the city manager prior to the user's
initiation of the changes.
(c) All preliminary studies, plans and specifications must be prepared by a registered
professional engineer retained by the discharger and the plans shall be reviewed and must be
approved by the city manager prior to construction of the facility.
Ordinance No. 5771 (1995).
11-3-3-x-121 Confidential Information.
Any user submitting information to the city manager pursuant to this chapter may claim it to be
confidential if the user demonstrates to the satisfaction of the city manager that release of such
information would divulge information, processes, or methods of production entitled to protection as
the user's trade secretsfn
(a) The user must assert such claim at the time of submission by stamping the words
"confidential business information" on each page containing such information. If no such
claim is made at the time of submission, the city manager may make information available to
the public without further noticefi'
(b) The city manager shall not publicly disclose such confidential information. Such
information shall be available for use by the city manager or any federal or state agency in
judicial review or enforcement efforts and proceedings involving the user furnishing the
information.
(c) The city manager may provide confidential information to governmental agencies upon
written request for uses directly related to enforcement of this chapter. But the city manager
shall not transmit information accepted by the city as confidential to any governmental
agency until the city manager has provided fourteen days" written notification to the user.
(d) Effluent or discharge data is not confidential unless the city manager agrees it is of a
proprietary nature.
fn 40 C.F.R. 403.8(f)(1)(vii).
f"40 C.F.R. 403.14.
Ordinance No. 5771 (1995).