Chapter 36
WATER AND SEWERS¹

Art. I. In General, §§ 36-1 – 36-10

Art. II. Water and Sewer Service Billing Procedure, §§ 36-11 – 36-31

Art. III. Sewers, §§ 36-32 – 36-100.12

Div. 1. Generally, §§ 36-32 – 36-60

Div. 2. Connections from Property Outside District, §§ 36-61 – 36-70

Div. 3. Industrial Pretreatment Regulations for Existing and New Sources of Pollution, §§ 36-71 – 36-100.5

Subdiv. A. General Provisions, § 36-71

Subdiv. B. Definitions, § 36-72

Subdiv. C. Regulations, §§ 36-73 – 36-75

Subdiv. D. Fees, §§ 36-76, 36-77

Subdiv. E. Administration, §§ 36-78 – 36-83

Subdiv. F. Enforcement, §§ 36-84 – 36-91

Subdiv. G. Penalties, §§ 36-92 – 36-95

Subdiv. H. Reserved, § 36-96

Subdiv. I. Records Retention, § 36-97

Subdiv. J. Miscellany, §§ 36-98, 36-99

Subdiv. K. Severability, § 36-100

Subdiv. L. Conflict, §§ 36-100.1 – 36-100.5

Div. 4. Septage Haulers, §§ 36-100.6 – 36-100.12

Art. IV. Water, §§ 36-101 – 36-136

Div. 1. Generally, §§ 36-101 – 36-130

Div. 2. Meters, §§ 36-131 – 36-136

ARTICLE I. IN GENERAL

Sec. 36-1. No structures on utility easements.

(a) No structure shall be constructed on any public water or sewer easement. Where construction is proposed on a public water or sewer easement, the property owner may provide for the relocation of easements at the property owner’s expense. The director of public works, in his or her sole discretion, may permit said relocation if the easement and existing or future water or sewer service will not be adversely affected.

(b) The city may require the relocation of public easements and/or utilities or the removal of any structure constructed on a public water or sewer easement where it is determined such structure was constructed without the prior approval of the city. All costs for relocation of the easement and/or public utilities or the removal of any structure shall be the responsibility of the property owner.

(c) All water and sewer easements shall be constructed and maintained so as to allow permanent access for maintenance equipment to maintain water and sewer lines located in said easement. (Ord. No. 4006, § 32, 3-30-92; Ord. No. 4080, § 1, 8-30-93)

Sec. 36-2. Utility service outside city limits.

(a) The city council may allow connections to city water and sewer utilities for real property located outside the city limits. An applicant shall submit a written application to the city manager describing the location of the private property outside of the city limits proposed to be serviced by a city water or sewer utility service. Said application shall include a vicinity map and the proposed water and/or sewer capacity needed. A technical evaluation of the application shall be done by the city staff and a recommendation made to the city council. Said technical evaluation shall include an evaluation of the city’s annexation policy and a recommendation on annexation of the real property.

(b) In the event the city council approves connections to city water and sewer utilities for real property located outside the city limits all utility main line extensions shall be up to and beyond the private property being developed for loop closures and/or future development. Owners of real property located outside the city limits and adjacent to the city limits shall apply for annexation into the city prior to extension of utility service. Owners of real property located outside the city limits, not adjacent to the city limits and connecting to city water and/or sewer utilities shall agree to apply for annexation into the city of Lewiston of the real property connected to city water and/or sewer utilities when said real property becomes adjacent to the city limits and eligible for annexation. Said agreement shall provide that the city may annex the real property being served by the city water and/or sewer utility service at any time, in the city council’s sole discretion, after said real property becomes adjacent to the city limits and eligible for annexation. In the event the city council chooses to annex said real property and the owner of said real property does not agree to said annexation, then water and/or sewer utility service shall be terminated. Said agreement shall be in writing, in a form acceptable to the city, executed by all legal owners of the real property and recorded with the Nez Perce County recorder as an encumbrance on the real property serviced by city water and/or sewer utilities. (Ord. No. 4207, § 1, 2-2-98)

Secs. 36-3 – 36-10. Reserved.

ARTICLE II. WATER AND SEWER SERVICE BILLING PROCEDURES

Sec. 36-11. Schedule of sewer service charges.

The charge for public sewer service shall be upon the applicable following monthly schedules:

(1)	All single residences, including mobile homes located on individual building lots	$21.77
(2)	All duplex and triplex residences, per unit	21.77
(3)	All apartment houses or similar types of multiple dwellings:
	For the first unit	21.77
	For each remaining unit	20.74
(4)	All hotels, motels, mobile home parks, mobile home tourist facilities:
	For the first unit	21.77
	For each remaining unit	17.49
(5)	Rooming houses:
	For the first unit	21.77
	For each remaining unit	17.49
(6)	Schools:	26.52
	For each month school is not in session
	For each month school is in session, per each 100 persons within the school facility	54.01
(7)	A. Hospitals, laundromats, small industry, car washes, restaurants and taverns, and commercial establishments not otherwise designated in this section, for each 1,000 cubic feet of water used	20.84
	Provided, however, that the minimum monthly charge shall be	24.68
	B. Business or industry in this category may, upon approval of the city, install an effluent meter station to measure the actual effluent discharge. The meter station, as approved by the city, shall be owned, installed and maintained by the business owner. Meter readings shall be taken and charges assessed in the same manner established for water meter readings. The rate for metered effluent shall be:
	For each 1,000 cubic feet of effluent	20.84
	Provided, however, that the minimum monthly charge shall be	24.68

(8) Major industry, determined by the contract with the city, based on cost of sewage treatment for the particular plant, based upon the sum of the following monthly charge: five dollars and ninety-seven cents ($5.97) per one thousand (1,000) cubic feet outflow; plus forty-eight cents ($0.48) per pound of BOD or COD; plus forty-two cents ($0.42) per pound of suspended solids; plus any additional charges attributable to treatment of waste involved. The contract between the city and each major industrial user shall also include a provision requiring each major industrial user to pay for costs of accidental spills or excessively concentrated discharges that upset the operation of the wastewater treatment facility. Such costs will be charged upon the following formula:

a. The regular rate for flow, BOD, COD and suspended solids, plus an hourly wage, including overtime of the wastewater treatment facility operators on the job during the period of upset conditions caused by the spill; plus

b. The costs of any special or extra chemicals, equipment, or technical assistance required to recover from the spill; plus

c. An additional sum equal to ten (10) percent of the total of subsections (8)(a) and (8)(b) of this section to cover the costs of unidentified or unanticipated damage to pumps, piping and equipment. In addition, the contract shall require the major industrial user to pay any fines imposed by the United States Environmental Protection Agency for violations of the NPDES discharge permit, which are attributable to the spill.

(9) All other users not under separate agreement and home occupations and those conditional uses where a residence and business coexist, the monthly charge shall be twenty-three dollars and ninety-one cents ($23.91).

Provided, property owners with existing home occupations and conditional uses presently classified under rate number (7) above shall be required to request classification in this category.

(10) All connections outside the city limits shall be charged at one and one-half (1-1/2) times the above rates.

(11) Charges for new sewer service connections will begin to be charged when the water service is turned on and final occupancy inspection has been made by the community development department. The community development department shall forward to the finance department a copy of said inspection so that sewer charges may commence; provided, however, that where a homeowner meets the criteria of the circuit breaker property tax reduction program and vacates the property for one (1) full month or more during the calendar period March through October and the water service is retained for irrigation purposes only, the sewer charges may be discontinued.

All sewer service user charges shall be reviewed annually in conjunction with the audit of city utilities to ensure that adequate and fair charges are being made for the operation and maintenance of the city sewer systems and to ensure that the sewer service user charges reflect the actual treatment work operation and maintenance costs. (Ord. No. 3788, § 2, 6-24-85; Ord. No. 3829, § 1, 9-2-86; Ord. No. 3873, § 1, 8-31-87; Ord. No. 3932, § 1, 8-22-88; Ord. No. 3975, § 1, 9-4-90; Ord. No. 4006, § 1, 3-30-92; Ord. No. 4080, § 2, 8-30-93; Ord. No. 4109, § 1, 8-29-94; Ord. No. 4122, § 1, 3-20-95; Ord. No. 4168, § 1, 9-16-96; Ord. No. 4237, § 1, 6-28-99; Ord. No. 4246, § 1, 8-23-99; Ord. No. 4267, § 1, 8-28-00; Ord. No. 4295, § 1, 8-27-01; Ord. No. 4317, § 1, 9-9-02; Ord No. 4335, § 1, 8-25-03; Ord. No. 4368, § 1, 8-23-04; Ord. No. 4410, § 1, 8-22-05; Ord. No. 4457, § 1, 11-27-06; Ord. No. 4484, § 1, 8-27-07)

Sec. 36-12. Schedule of water charges.

Rates shall be charged from the date service begins as follows:

Rate per 100 cubic feet

$1.73

Charges for water consumed beyond the city limits shall be one and one-half (1-1/2) times the charge for water consumed within the city.

In the event of snow cover or extreme low temperature, the utilities director may find that a reading of the meter may result in damage to the meter and impose a minimum consumption. Charges for the minimum consumption will be taken from the schedule of rates. If the minimum consumption imposed is greater than the actual consumption on the next quarterly billing, a credit will be given to the account. If the minimum consumption is less than the actual consumption, the account will be adjusted accordingly. (Ord. No. 3788, § 2, 6-24-85; Ord. No. 3823, § 1, 6-30-86; Ord. No. 3873, § 2, 8-31-87; Ord. No. 3975, § 2, 9-4-90; Ord. No. 4006, § 2, 3-30-92; Ord. No. 4055, § 1, 12-14-92; Ord. No. 4080, § 3, 8-30-93; Ord. No. 4109, § 2, 8-29-94; Ord. No. 4143, § 1, 8-28-95; Ord. No. 4168, § 2, 9-16-96; Ord. No. 4223, § 1, 9-21-98; Ord. No. 4246, § 2, 8-23-99; Ord. No. 4267, § 2, 8-28-00; Ord. No. 4295, § 2, 8-27-01; Ord. No. 4317, § 2, 9-9-02; Ord No. 4335, § 2, 8-25-03; Ord. No. 4484, § 2, 8-27-07)

Sec. 36-13. Additional charges.

In addition to the foregoing rate schedule, all water service shall be charged the following amounts:

Size of Meter	Monthly Charge
3/4"	$5.59
1"	6.15
1-1/2"	7.83
2"	9.83
3"	14.30
4"	20.55
6" compounds	49.14
8" compounds	69.24
Backflow device testing per test	50.00
Water line disinfection per foot	0.35
Bacterial testing per sample	25.00

(Ord. No. 3788, § 2, 6-24-85; Ord. No. 3952, § 1, 7-24-89; Ord. No. 3975, § 3, 9-4-90; Ord. No. 4055, § 2, 12-14-92; Ord. No. 4080, § 4, 8-30-93; Ord. No. 4109, § 3, 8-29-94; Ord. No. 4267, § 3, 8-28-00; Ord No. 4335, § 3, 8-25-03; Ord. No. 4362, § 1, 8-23-04; Ord. No. 4459, § 1, 12-11-06)

Sec. 36-14. Rates for sale of water to tenants and users of water at Lewiston-Nez Perce County Airport; administrative practices.

(a) The rate charged by the city for water purchased by the city from the Lewiston Orchards Irrigation District for resale to tenants and other water users located on, or served from the water lines located upon, the Lewiston-Nez Perce County Airport at Lewiston, Idaho, shall be one and one-half (11/2) times the actual charge to the city by the Lewiston Orchards Irrigation District for such water, both irrigation and domestic.

(b) Collection of water charges, billing practices, enforcement of charges, and other administrative practices for the charging and collection of water accounts shall be set forth herein for the city-operated water system.

(c) In the event that the city extends its water system to include the Lewiston-Nez Perce County Airport, so that the purchase of water from the Lewiston Orchards Irrigation District is no longer necessary to supply water to said airport, then this section shall be of no further force and effect. (Ord. No. 3788, § 2, 6-24-85; Ord. No. 4080, § 5, 8-30-93)

Sec. 36-15. Payment of water and sewer charges.

(a) All bills for water/sewer are due and payable quarterly according to the following schedule of billing therefor:

(1) Billings for districts A through E as established in the city, ending the months of January, April, July and October, are due and payable on the first day of the following month.

(2) Billings for districts F through J as established in the city, ending the months of February, May, August, and November, are due and payable on the first day of the following month.

(3) Billings for districts K through N as established in the city, ending the months of March, June, September and December, are due and payable on the first day of the following month.

(b) All bills shall be delinquent at the close of office hours on the twentieth day of the month in which such payments fall due; provided, that if such twentieth day falls on a legal holiday, then such bills shall be delinquent at the close of office hours of the next succeeding business day. If not paid before delinquency, a written notice will be issued advising of same and of intent to have the water service turned off if not paid within fifteen (15) days.

(c) If bills still remain unpaid, for all outstanding charges, including turn off/on fees, a notice shall be prepared and delivered to each premises delinquent and the same shall be mailed to the owner of the premises giving the additional five-day period in which to pay the delinquent bill. If not paid within this five-day period, the finance department shall prepare and deliver a list of the premises on which said bill is delinquent and unpaid to the utilities director. The utilities director shall immediately have the water service turned off at the premises and the water shall not be turned back on until the delinquent account is paid in full. (Ord. No. 3788, § 2, 6-24-85; Ord. No. 4006, § 3, 3-30-92; Ord. No. 4080, § 6, 8-30-93)

Sec. 36-16. Reserved.

Editor’s note – Ord. No. 4080, § 7, adopted Aug. 30, 1993, repealed § 36-16, No charge for unoccupied premises. Former § 36-16 derived from Ord. No. 3788, § 2, adopted June 24, 1985.

Sec. 36-17. Adjustment of water and sewer bills.

All claims for adjustment of bills shall be made directly to the utilities director or public works administrator on or before the twentieth day of the month in which payment is due. If not so made, any allowance or adjustment made shall be applied on the bill of the next following period. The claim for adjustment and full record of the case shall be kept and reviewed by the utilities director. The utilities director or public works administrator shall be the only persons with the authority to adjust any bill and shall advise the finance department of the outcome of any claim for adjustment. (Ord. No. 3788, § 2, 6-24-85; Ord. No. 4080, § 8, 8-30-93)

Sec. 36-18. Procedure when charges become a disputed account.

In the event of a disputed account and tender by the owner of the premises or other interested persons of the amount claimed by him to be due prior to the discontinuance of service, the right to refuse service to such premises shall not accrue until suit has been entered in a court of competent jurisdiction by the city; provided, however, that upon the filing of a complaint by the city in such court for recovery of water rentals as herein provided, the defendant or any interested person desiring such water service to be continued shall file with the court in which such action is pending a surety bond in the amount of the water rentals sought to be collected in such suit, together with costs, attorneys’ fees and all other charges due the city in relation thereto, or, if a personal bond is filed, then in double the amount thereof, conditioned upon the payment forthwith by the defendant of the person furnishing such bond, of the amount found in the judgment of the court to be due, including court costs, attorneys’ fees and all other charges due the city in relation thereto; and provided further, that nothing in this section shall be construed to affect the procedure provided in this article for the collection of water rentals for water furnished such premises subsequent to the date of the filing of the complaint. (Ord. No. 3788, § 2, 6-24-85)

Sec. 36-19. Free water to be recorded and charges collected from city.

(a) In case free water or reduced rates of any character are allowed by the mayor and council to any consumer other than governmental entities as provided in subsection (c) of this section, the amounts used by such consumers shall nevertheless be read, entered and calculated and the differences between such charges entered according to the regular schedule of charges.

(b) The amount to which such charges are by the allowance or rebate reduced shall be billed to the city and the amount thereof collected in due order and placed to the credit of the utilities division.

(c) Nothing herein shall prohibit the city from entering into agreements with other governmental entities for the sale of water at rates reflecting the city’s actual costs of treatment and delivery to the other governmental entity. (Ord. No. 3788, § 2, 6-24-85; Ord. No. 4142, § 1, 8-28-95)

Sec. 36-20. Water used by other city departments.

(a) Water used by other municipal departments shall be paid at the schedule rates set out in section 36-12, by each department out of its appropriation to the utilities division.

(b) Such accounts shall be rendered quarterly in the same manner as others.

(c) The finance director shall enforce collection against any city department in the same manner as against any private consumer, save and except that no penalties shall be charged. (Ord. No. 3788, § 2, 6-24-85; Ord. No. 4080, § 9, 8-30-93)

Sec. 36-21. City to reimburse department for reduced rates.

If the council desires to offer to any church, school, college, public hospital, charitable institution or industry of the city certain consideration in the matter of cost of water supply to such consumer, the same shall not be accomplished by any modification of rates contained in section 36-12, but may be made by computing the difference between the schedule rate and the allowed rate and paying the difference out of the general fund into the utilities fund and crediting the same to the account of the consumer so allowed. (Ord. No. 3788, § 2, 6-24-85)

Sec. 36-22. Discontinuing service.

(a) Whenever the owner or occupant of any premises connected with the city water supply system desires for any purpose to discontinue such service, he shall notify the finance director or utilities director in writing at least twenty-four (24) hours in advance of the desired discontinuance date, specifying the date service is to be discontinued. In the event a premises connected to the city water supply system is occupied and the owner requests in writing the water service be discontinued because no arrangement for payment of the water bill has been made by the person(s) occupying the premises, the water shall be turned off within five (5) days of delivery to the premises of the water shutoff notice. Where the owner requests in writing the water service be discontinued because no arrangement has been made by the person(s) occupying the premises for the repair of a water leak, the water shall be turned off within twenty-four (24) hours of delivery to the premises of the water shut-off notice.

(b) Such owner or occupant will be responsible for all water supplied to such premises, including regular scheduled charges for solid waste and sewage, until the finance director shall have notice as herein provided for of the owner’s or occupant’s desire that such water service be discontinued.

(c) Sewage and solid waste charges shall be in addition to the water charge as calculated from the meter reading.

(d) There shall be no charge for water turn-on, provided, however, that at the time water service is renewed, the account for the premises is in a current and paid status. Regular solid waste and sewage charges will automatically become effective as of the date of the renewed water charge. (Ord. No. 3788, § 2, 6-24-85; Ord. No. 4006, § 4, 3-30-92; Ord. No. 4080, § 10, 8-30-93; Ord. No. 4207, § 2, 2-2-98)

Sec. 36-23. Utility charges to continue as long as water on.

(a) When water has been turned on at any premises, in conformity with this article, the utility charges shall continue to be charged against the premises for which the service was installed until the finance director is ordered by the owner or his authorized agent to discontinue the same. All accounts for water/sewer shall be kept in the name of the owner of the premises for whom the service was installed until some successor owner shall notify the finance director of the change in ownership.

(b) All utility charges may be billed to the tenant thereof where the owner requests the finance department to do so by completion of a non-owner occupied real property utility billing agreement. However, as provided in said billing agreement, the property owner is not relieved of liability of any utility charges against the property account. (Ord. No. 3788, § 2, 6-24-85; Ord. No. 4006, § 5, 3-30-92)

Sec. 36-24. Lien on property.

All charges for water and sewer connections and service, solid waste charges and all service charges provided by this article, together with penalties and interest thereon, shall be a lien upon the property with which such connections are made or to which such sewage service or domestic water service or solid waste service is rendered, superior to all other liens and encumbrances whatsoever, except for general taxes and local special assessments. (Ord. No. 3788, § 2, 6-24-85; Ord. No. 4080, § 11, 8-30-93)

Sec. 36-25. Charges recorded against premises where service installed.

(a) All charges shall be recorded against the premises for which the service was installed.

(b) Should the same become delinquent and unpaid, such charges shall be a lien against the property so served and the finance director may make and file a lien for the amount due within the same time and in the same general manner and form as liens of mechanics and materialmen are made and filed under the provisions of the laws of the state.

(c) Such liens shall bind the premises in the manner provided by Idaho Code, Section 50-1008.

(d) In like manner, a charge may be collected for any labor or materials furnished or supplied by the city. (Ord. No. 3788, § 2, 6-24-85)

Sec. 36-26. Turn off/on fee.

(a) Whenever water is turned off as a result of an unpaid bill there shall be a fee of twenty-five dollars ($25.00). This fee will be added to the face of the delinquent bill, and the water service shall not be turned on again until the entire sum is paid. All fees will be charged in the month when services are rendered. There shall be no charge whenever water service is turned off and/or on for routine service work or an emergency during normal business hours. When turn-off and/or turn-on is required after business hours regardless of the reason for the request, a fifty-seven-dollar ($57.00) fee will be assessed.

(b) In the event that any water/sewer employee is dispatched to a meter service for turn-off and/or turn-on, and upon arrival discovers that the services are no longer required, the twenty-five dollar ($25.00) turn off/on fee will be charged to the account. (Ord. No. 3788, § 2, 6-24-85; Ord. No. 4006, § 6, 3-30-92; Ord. No. 4080, § 12², 8-30-93; Ord No. 4335, § 4, 8-25-03)

Sec. 36-27. Special meter reading.

If a special meter reading is requested at any time by an owner or occupant, there shall be a charge made therefor in the sum of twenty dollars ($20.00). A minimum charge of two (2) hours call out time will be applied if the request is made for a special reading to be performed after regular working hours. (Ord. No. 3788, § 2, 6-24-85; Ord. No. 4006, § 7, 3-30-92; Ord No. 4335, § 5, 8-25-03)

Sec. 36-28. Charges when meter out of order.

In the event of an out-of-order meter or a meter failing to register properly, the consumer shall be charged on an average made from the amount consumed in the same period of the preceding three (3) years, or from the other most reliable data in the possession of the finance department. (Ord. No. 3788, § 2, 6-24-85; Ord. No. 4006, § 8, 3-30-92)

Sec. 36-29. Testing of meters.

(a) Where the accuracy of the record of a water meter is questioned by the consumer, it shall be removed at his request and shall be tested in the shop of the utilities division by means of approved testing apparatus there provided, in the presence of the consumer if he so desires, and a report shall be made to the utilities director.

(b) Both parties shall accept the findings so made.

(c) No meter shall be removed or in any way disturbed, or the seal thereof broken, except in the presence or under the direction of the utilities director. (Ord. No. 3788, § 2, 6-24-85; Ord. No. 4080, § 121, 8-30-93)

Sec. 36-30. Procedure after test of meter.

(a) If a test made as provided in the preceding section discloses an error against the consumer of more than one (1) percent in the meter’s registry, the excess of such reading, as applied to the last three (3) quarterly meter readings preceding the test, shall be calculated and the amount of money due the consumer thereon credited to his water account.

(b) The utilities division shall bear the entire expense of the test. (Ord. No. 3788, § 2, 6-24-85)

Sec. 36-31. Reserved.

ARTICLE III. SEWERS³

DIVISION 1. GENERALLY

Sec. 36-32. Definitions.

For the purposes of this article, the following words shall have the meanings indicated unless the context clearly requires otherwise:

Applicant: The owner or authorized agent of the property to be served. The applicant shall be the person responsible for payment of bills for sanitary sewer and domestic water service.

Building sewer: The extension from the public sewer to the building drainage system.

Director: The director of the utilities division of the city or a duly authorized agent, deputy or representative.

Domestic water or domestic water system: The water and the water system in which it is carried, which is for human consumption and normal household and business or industrial uses provided from the city’s supply.

Private sewer: The sewer line and disposal system constructed, installed or maintained where connection with the public sewer system is not required by this article.

Public sewer: A sewer in which all owners of abutting properties have equal rights and is controlled by public authority.

Sewage: The combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, which wastes contain polluted matter subject to treatment at the sewage treatment plant; i.e., sanitary sewage. (Code 1960, § 36-4; Ord. No. 2237, art. I, § 2; Ord. No. 3788, § 3, 6-24-85; Ord. No. 4080, § 13, 8-30-93)

Sec. 36-33. Treatment of sewage, etc., before discharge.

No person shall discharge to any natural outlet within the city or any area under its jurisdiction any sanitary sewage, industrial waste or other polluted waters, except where suitable treatment has been provided in accordance with the provisions of this article. (Code 1960, § 36-5; Ord. No. 2237, art. III, § 2)

Sec. 36-34. Septic tanks, cesspools, etc., prohibited; exception.

(a) No person shall construct or maintain any privy, privy vault or cesspool within the city. Private septic systems or other facilities intended or used for the disposal of sewage shall only be permitted on lots, as defined in section 37-3 of this code, created after August 7, 1995, where a public sewer line is more than two hundred (200) feet from the newly created lot and where the newly created lot is one acre in size or greater. On lots created before August 7, 1995, private septic systems or other facilities intended or used for the disposal of sewage shall only be permitted on lots where a public sewer line is more than two hundred (200) feet from the lot line and where the lot is ten thousand (10,000) square feet or greater in size.

(b) An owner of real property, the legal description of which encompasses more that the minimum lot size provided above, including public right-of-way, but less than the minimum lot size when the right-of-way is excluded, may request a variance from the above requirement by submitting an application to the city manager. The application shall be reviewed by a committee comprised of the city’s public works department, the sewer district wherein the real property is located, the North Central District health department and the State of Idaho Department of Health and Welfare Division of Environmental Quality. The committee shall make a recommendation to the city manager, who shall grant or deny the application. (Code 1960, § 36-6; Ord. No. 2237, art. III, § 3; Ord. No. 4133, § 1, 8-7-95; Ord. No. 4215, § 1, 6-22-98)

Sec. 36-35. Unauthorized openings, connections, use, etc.

No unauthorized person shall uncover, make any connection with or opening into, use, alter or disturb any public sewer without first obtaining a written permit from the director of public works. No unauthorized person shall open, alter or disturb the streets or alleys of the city for the purpose of making connection with the public sewer system without first obtaining a written permit therefor from the director of public works. (Code 1960, § 36-7; Ord. No. 2237, art. III, § 4)

Sec. 36-36. Separate building sewer required for each building; exception.

(a) A separate and independent building sewer line shall be provided for each building for connection with the public sewer system; provided, that where feasible, this requirement may be waived upon submission of alternate plans approved by and thereafter constructed under the supervision of the sewer superintendent.

(b) Each sewer user within a condominium or townhouse development shall not be required to be separately and independently connected by a separate sewer service line to a public sewer line or main, provided the sewer service line from each building to the public sewer line or main shall be a minimum of six (6) inches in diameter for developments; provided further, that each townhouse or condominium development shall include within its covenant or homeowners’ agreement suitable arrangements for maintenance of sewer lines serving the development.

(c) A residential accessory use building as allowed in the zoning code shall not be required to have a separate sewer service connection to the public sewer main on those lots where the accessory use building cannot be split off and sold separately from the principle building. (Code 1960, § 36-8; Ord. No. 2237, art. III, § 9; Ord. No. 4080, § 14, 8-30-93; Ord. No. 4207, § 3, 2-2-98)

Sec. 36-37. Connections with public sewer – Required; exception.

(a) The owner of each lot or parcel of real property within the city, not connected to the public sewer system of the city, upon which lot or parcel of property there is situated any building or structure for human occupation or use for any other purpose, shall install suitable toilet facilities therein and shall connect such facilities, together with all other facilities therein, the use of which results in the existence of sewage, with the public sewer system, at his own expense, within thirty (30) days after publication in the official newspaper of the city of a notice to do so, signed by the city clerk, whenever there is a public sewer line within two hundred (200) feet of the property line of such lot or parcel. Such installation and connection shall be commenced within thirty (30) days following such notice.

(b) Where a public sewer line is not available under the provisions of this section, a private sewer and sewage disposal system shall be constructed, connected and maintained in accordance with the provisions of this article. (Code 1960, § 36-9; Ord. No. 2237, art. IV, §§ 1, 3)

Sec. 36-38. Same – City to make connection when owner fails to do so.

(a) In the event the building sewer and connection required by the preceding section are not made within the time provided for following the notice, the director shall cause the same to be made and file a statement of the cost thereof with the city clerk.

(b) Thereupon a warrant shall be issued under the direction of the city council against the water and sewer fund for the payment of such cost. Such amount, together with a penalty of ten (10) percent thereof, plus interest at the rate of eight (8) percent per annum upon the total amount of the cost and penalty, shall be assessed against the property upon which such building sewer and connection has not been placed as required and shall become a lien thereon as provided by this article. Such total amount, when collected, shall be paid into the water and sewer fund. (Code 1960, § 36-10; Ord. No. 2237, art. IV, § 2; Ord. No. 4080, § 15, 8-30-93)

Sec. 36-39. Same – Septic tanks, cesspools, etc., to be abandoned and filled.

Whenever a public sewer becomes available to a lot or parcel served by a private sewage disposal system and a direct connection is made to the public sewer, any septic tanks, cesspools and similar private disposal facilities shall be abandoned and filled with suitable material. (Code 1960, § 36-11; Ord. No. 2237, art. III, § 8)

Sec. 36-40. Permit for private sewer or building sewer – Required.

No person shall construct or commence the construction of a private sewer or private sewage disposal system without first obtaining a written permit from the director of public works. No person shall construct, extend, relay, repair or connect a building sewer without first obtaining a written permit from the director of public works. (Code 1960, § 36-12; Ord. No. 2237, art. III, § 5)

Sec. 36-41. Same – Application; fee; when effective.

(a) An application for any permit for a private sewer or private sewage disposal system or building sewer shall be made on a form furnished by the city which the applicant shall supplement with such plans, specifications, and other information as may be deemed necessary by the director of public works.

(b) The following charges are hereby fixed for connection to the publicly owned sewerage system:

(1) A connection and inspection fee of three hundred dollars ($300.00) shall be paid for each connection to be made to the sewerage system after the effective date of the ordinance codified in this section except for connections made in areas where sewer mains were installed by local improvement district assessment.

(2) An “equity buy in” fee shall be paid for each connection made to the sewerage system after the effective date of the ordinance codified in this section for wastewater collection lines and for the wastewater treatment plant in accordance with the following schedule:

Wastewater Collection Lines Fee Schedule
Single-family		$647.00
Multifamily (per unit)		647.00
Commercial
	3/4-inch service	647.00
	1-inch service	905.00
	1-1/2-inch service	1,164.00
	2-inch service	1,875.00
	3-inch service	7,113.00
	Greater than 3-inch	Negotiated
Commercial customers with meter sizes greater than three (3) inches are to be considered on a case-by-case basis due to the variability in water usage.

Wastewater Treatment Plant Fee Schedule
Single-family		$1,008.00
Multifamily (per unit)		1,008.00
Commercial
	3/4-inch service	1,008.00
	1-inch service	1,412.00
	1-1/2-inch service	1,815.00
	2-inch service	2,924.00
	3-inch service	11,093.00
	Greater than 3-inch	Negotiated

(3) All connection, inspection and “equity buy in” fees for wastewater collection lines shall be paid at the time the application for connection is filed. “Equity buy in” fees for the wastewater treatment plant shall be paid at the time of the issuance of the building permit.

(c) Failure to pay the connection and inspection fee shall result in a connection/inspection fee of two (2) times the regular fee and may result in a nonissuance by the city of the occupancy permit.

(d) Should a person or a person’s agent connect facilities to the sewer system without the facilities being inspected and approved by a city inspector, the party responsible for the connection shall be required, at the responsible party’s expense, to excavate the pipeline facilities constructed and disconnect the tap-in from the sewer line, in order that a proper inspection can be made. If, in addition thereto, a permit has not yet been issued, compliance with section 36-40 of this code shall be required.

(e) The actual costs of any sewer line extensions, including any stub-outs to property lines, shall be paid by the property owner to the city.

(f) Any costs payable to the city pursuant to this section, if unpaid within thirty (30) days after billing, shall be chargeable against the property serviced by the city and collectible as an assessment lien in the manner provided by Idaho Code, Section 50-1008. (Ord. No. 3219, § 1, 7-1-74; Ord. No. 3975, § 4, 9-4-90; Ord. No. 4006, § 33, 3-30-92; Ord. No. 4080, § 16, 8-30-93; Ord. No. 4096, § 1, 3-28-94; Ord. No. 4109, § 4, 8-29-94; Ord. No. 4143, § 2, 8-28-95; Ord. No. 4168, § 3, 9-16-96; Ord. No. 4207, § 4, 2-2-98; Ord. No. 4223, § 2, 9-21-98; Ord. No. 4246, § 3, 8-23-99; Ord. No. 4267, § 4, 8-28-00; Ord. No. 4295, § 3, 8-27-01; Ord. No. 4317, § 3, 9-9-02; Ord No. 4335, § 6, 8-25-03; Ord. No. 4358, § 1, 9-13-04; Ord. No. 4407, § 1, 8-22-05; Ord. No. 4447, § 1, 8-28-06)

Sec. 36-42. Private sewerage systems to comply with regulations of state and city.

The type, capacities, location and layout of a private sewerage system shall comply with all recommendations and regulations of the department of public health of the state and the city. No septic tank or cesspool shall be permitted to discharge to any public sewer, natural outlet or to ground surface. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city. (Code 1960, § 36-14; Ord. No. 2237, art. III, § 7)

Sec. 36-43. Specification for connections and building sewer lines.

(a) All connections and building sewer lines connecting with the public sewer system shall be constructed, installed and connected in such a manner as to ensure a permanent and sanitary sewer watertight throughout. The pipe used in the installation thereof shall be equal in quality to the pipe used in the general sewer system and not less than four (4) inches in diameter for all new connections.

(b) Floor drains subject to backflow or back pressure, or in the case of basement drains, whenever located less than one (1) foot above the nearest adjacent sewer manhole cover, such drains shall be equipped with an approved backwater valve installed in the drains at the property owner’s expense. This section shall, from and after the effective date hereof, be applicable to all buildings within the corporate limits of the city; and the city shall not be liable for any damages occasioned by the failure of any property owner to comply with the provisions of this section. (Code 1960, § 36-15; Ord. No. 2237, art. III, § 10; Ord. No. 4207, § 5, 2-2-98; Ord. No. 4246, § 4, 8-23-99; Ord. No. 4422, § 1, 11-28-05)

Sec. 36-44. Excavation for building sewers.

(a) All excavations for building sewer installations shall be properly safeguarded with lights and barricades so that the same may not be a menace to public safety.

(b) All streets, sidewalks, alleys, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city. (Code 1960, § 36-16; Ord. No. 2237, art. III, § 11)

Sec. 36-45. Liability to city for violations of article.

Any person who shall violate any of the provisions of this article shall become liable to the city for any expense, loss or damage occasioned by the city by reason of such violation. (Code 1960, § 36-20; Ord. No. 2237, art. VIII, § 1)

Sec. 36-46. Violation a misdemeanor.

Any violation of the provisions of this article is hereby declared to be a misdemeanor and is punishable by a fine of up to three hundred dollars ($300.00), imprisonment up to six (6) months, or both. (Ord. No. 3788, § 4, 6-24-85)

Secs. 36-47 – 36-60. Reserved.

DIVISION 2. CONNECTIONS FROM PROPERTY OUTSIDE DISTRICT

Sec. 36-61. Permit – Required; deposit.

Whenever the owner of property not within an established sewer district desires such property to be connected with the sewer in an established sewer district, upon a showing that such connection will not work injury to such sewer in place and will not be likely to be an injury to or damage to the property in such sewer district, the council may, at its discretion and upon a deposit being made of not less than fifty dollars ($50.00) by the applicant for sewer connection, order a permit to be issued by the building inspector allowing connection of a specified tract of land outside of an established sewer district with the sewer in an established sewer district. (Code 1960, § 36-26)

Sec. 36-62. Same – Revocation.

(a) The permit required by this division shall be revocable at the will of the council.

(b) Such permit may be revoked at any time when it appears to the council that the sewer connection under such permit is working an injury to the established sewer, to any property within such established sewer district or to the owner of any property therein.

(c) Should any such permit be at any time revoked, the deposit made for the issuing of such permit shall be returned to the person making the same or to his assigns, upon a showing that the sewer connection has been abandoned and removed in compliance with such order as the council may have made in regard thereto.

(d) The council shall be at all times the exclusive judge of whether or not any permit that may be granted under this division is working an injury to the sewer in the established sewer district, to any property or to the owner of any property in such established sewer district. (Code 1960, § 36-27)

Sec. 36-63. Disposition of deposits.

The deposit required by section 36-61 shall be placed in a special fund which is hereby created and designated Prospective Sewer District Suspense Fund. Such deposit shall remain in such fund until other disposition thereof is ordered by the council. (Code 1960, § 36-28)

Sec. 36-64. Applicant to bear costs.

(a) All costs incurred in making a sewer connection from property lying outside of the sewer district shall be borne by the applicant to whom the permit required by this division is issued.

(b) No part of the deposit required by section 36-61 shall be used for such costs. (Code 1960, § 36-29)

Sec. 36-65. Credit for deposit when new district formed.

If the property served by such connecting sewer outside the sewer district shall thereafter be placed in a new sewer district, the amount of such deposit shall be applied on the assessment that may be made against such property in such new sewer district or such deposit may be ordered returned to the person making the same or to his assigns, upon a showing being made that such connection has been abandoned and removed. (Code 1960, § 36-30)

Sec. 36-66. Assessments when new districts created.

(a) Should the particular parcel or tract of land for which a permit for sewer connection may have been issued under this division be thereafter included in a new sewer district, such tract or parcel of land shall, nevertheless, be assessed for the full amount of its assessment in such new sewer district.

(b) The deposit made for a sewer connection under this division may be credited on such assessment; or such deposit may be ordered returned and the full assessment thereafter collected in the usual manner, as may be deemed of the greater benefit to such parcel or tract of land and to the best interests of both of such sewer districts and the properties therein. (Code 1960, § 36-31)

Secs. 36-67 – 36-70. Reserved.

DIVISION 3. INDUSTRIAL PRETREATMENT REGULATIONS FOR EXISTING AND NEW SOURCES OF POLLUTION⁴

Subdivision A. General Provisions

Sec. 36-71. Purpose and policy.

(a) This division sets forth uniform requirements for dischargers into the POTW wastewater collection and treatment systems and enables the “authority” to protect public health in conformity with the Clean Water Act (33 USC 1251 et seq.), the general pretreatment regulations (40 CFR Part 403) and all applicable state and federal laws relating thereto.

(b) Except as otherwise provided herein, the superintendent shall administer, implement, and enforce the provisions of this division. Any powers granted to or duties imposed upon the superintendent may be delegated by the superintendent to other city personnel.

(c) The objectives of this division are:

(1) To prevent the introduction of pollutants into the city wastewater system, which will interfere with the normal operation of the system or contaminate the resulting sludge;

(2) To prevent the introduction of pollutants into the city wastewater system, which do not receive adequate treatment in the POTW, and which will pass through the system into receiving waters or the atmosphere or otherwise be incompatible with the system;

(3) To improve the opportunity to recycle and reclaim wastewater and sludge from the system; and

(4) To protect the health of the city employees working in the city sewer collection system and at the wastewater treatment plant.

(d) This division provides for the regulation of discharges into the city wastewater system through the enforcement of administrative regulations. This division does not provide for the recovery of operations, maintenance or replacement costs of the POTW or the costs associated with the construction of collection and treatment systems used by industrial dischargers, in proportion to their use of the POTW, which are the subjects of separate enactments. (Ord. No. 3611, § 2(1.01), 3-8-82; Ord. No. 3938, § 1, 2-13-89; Ord. No. 4048, § 1, 11-2-92)

Subdivision B. Definitions

Sec. 36-72. Words, terms and phrases defined.

Act: The Clean Water Act (33 USC 1251 et seq.), as amended.

Applicable pretreatment standards: For any specified pollutant, the city prohibitive discharge standards, the city’s specific limitations on discharge, the state of Idaho Pretreatment Standards or the National Categorical Pretreatment Standards (when effective), whichever standard is most stringent.

ASPP: Accidental spill prevention plan.

Authority: The city of Lewiston, through the Lewiston city council.

Authorized representative of the discharger:

(1) If the discharger is a corporation:

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

(B) The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;

(2)  If the discharger is a partnership or sole proprietorship: a general partner or proprietor, respectively;

(3) If the discharger is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or his/her designee.

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

Biochemical oxygen demand (BOD): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at twenty (20) degrees centigrade, usually expressed as a concentration (milligrams per liter (mg/l).

Bypass of treatment facilities: The intentional diversion of wastestreams from any portion of a discharger’s treatment facility.

Categorical pretreatment standards: National pretreatment standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into a POTW by specific industrial dischargers. Categorical Pretreatment Standards appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.

Categorical discharger: A discharger covered by one of EPA’s categorical pretreatment standards.

Color: The optical density at the visual wave length of maximum absorption, relative to distilled water. One hundred (100) percent transmittance is equivalent to zero (0.0) optical density.

Composite sample: The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.

Cooling water: The water discharged from any use, such as air-conditioning, heat exchangers, cooling or refrigeration, or to which the only pollutant added is heat.

Discharger/industrial discharger: Any nonresidential user who discharges an effluent into a POTW by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches and all constructed devices and appliances appurtenant thereto. A source of indirect discharge.

Grab sample: A sample which is taken from a wastestream on a one-time basis without regard to the flow in the wastestream and without consideration of time.

Indirect discharge: The discharge or the introduction of nondomestic pollutants from a source, regulated under Section 307(b), (c), or (d) of the Act, into a POTW.

Industrial waste: Solid, liquid or gaseous waste resulting from any industrial, manufacturing, trade or business process or from the development, recovery or processing of natural resources.

Interference: A discharge which alone or in conjunction with a discharge or discharges from other sources inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal, or is a cause of a violation of the city’s NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act: the Solid Waste Disposal Act (SWDA), including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state Sludge Management Plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act; the Toxic Substances Control Act; (and the Marine Protection, Research, and Sanctuaries Act).

Medical waste: Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

New discharger: A “new discharger” is not a “new source” and is defined as any person who applies to the authority for a new building permit or any person who occupies an existing building and plans to discharge wastewater to the authority’s collection system. After the effective date of the ordinance codified in this division, any person that buys an existing facility that is discharging nondomestic wastewater will be considered an “existing discharger” if no significant changes are made in the manufacturing operation.

New source: Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of the proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such sources if such standards are thereafter promulgated in accordance with that section; 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

(3) The production of 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 plant, and the extent to which the new facility is engaged in the same general type of activity as existing source, should be considered.

Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of paragraphs (2) and (3) above but otherwise alters, replaces or adds to existing process or production equipment.

Construction of a new source, as defined herein, has commenced if the owner or operator has:

(1) Begun, or caused to begin as part of a continuous on-site construction program:

(A) Any placement, assembly or installation of facilities or equipment; or

(B) Significant site preparation work, including clearing, excavation or removal of existing buildings, structures or facilities, which is necessary for placement, assembly or installation of new source facilities or equipment; or

(C) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering and design studies do not constitute a contractual obligation.

NPDES: National Pollutant Discharge Elimination System permit program of the U.S. Environmental Protection Agency (USEPA).

O and M: Operation and maintenance.

Other wastes: Decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals and all other substances, except sewage and industrial wastes.

Pass through: The occurrence of an indirect discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of violation of any requirement of the POTW’s NPDES permit (including an increase in the magnitude or duration of a violation).

Permittee: The holder of a valid facility specific wastewater discharge permit issued by the city.

pH: A measure of the acidity or alkalinity of a substance, expressed in standard units.

Pollutant: Any substance discharged into a POTW or its collection system, which is prohibited or limited by sections 36-73 and 36-74 of this division.

POTW (publicly owned treatment works): Any sewage treatment works and the sewers and conveyance appurtenances discharging thereto, owned and operated by the authority.

Pretreatment: The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to, or in lieu of, discharging or otherwise introducing such pollutants into a POTW.

Pretreatment requirement: Any substantive or procedural requirement, other than a national pretreatment standard, imposed on an industrial discharger.

Pretreatment standard or standards: Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits.

Prohibited discharge standards or prohibited discharges: Absolute prohibitions against the discharge of certain substances; these prohibitions appear in section 36-73 of this division.

Residential user: Any person who contributes, causes, or allows the contribution of wastewater into the (city) POTW that is of a similar volume and/or chemical make-up as that of a residential dwelling unit. Discharges from a residential dwelling unit typically include up to one hundred (100) gallons per capita per day, 0.2 pounds of BOD per capita, and 0.17 pounds of TSS per capita.

Sewage: Water-carried human wastes or a combination of water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface, storm or other waters as may be present.

Sewer: Any pipe, conduit, ditch or other device used to collect and transport sewage from the generating source.

Shall, may: “Shall” is mandatory; “may” is permissive.

Significant industrial discharger:

(1) Except as provided below in paragraph (2) of this section, the term significant industrial discharger shall mean:

(A) All industrial dischargers subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and

(B) Any industrial discharger that discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); or

(C) Any industrial discharger who contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

(D) Any industrial discharger who is designated as such by the authority as defined in 40 CFR 403.12 (a) on the basis that the industrial discharger has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement (in accordance with 40 CFR 403.8 (f)(6)).

(2) Upon a finding that an industrial discharger meeting the criteria in paragraph (1) of this section has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the authority (as defined in 40 CFR 403.12 (a)) may at any time, on its own initiative or in response to a petition received from an industrial discharger or POTW, and in accordance with 40 CFR 403.8 (f)(6), determine that such industrial discharger is not a significant industrial discharger.

Significant non-compliance (SNC): Violations which meet one or more of the following criteria:

(1) Violations of wastewater discharge limits.

(A) Chronic violations: Sixty-six (66) percent or more of the measurements exceed the same daily maximum limit or the same average limit in a six-month period (any magnitude of exceedance).

(B) Technical review criteria (TRC) violations: Thirty-three (33) percent or more of the measurements exceed the same daily maximum limit or the same average limit by more than the TRC in a six-month period.

(C) Any other violation(s) of effluent limit (average or daily maximum) that the city believes has caused alone or in combination with other discharges, interference or pass-through or endangered the health of the sewage treatment personnel or the public.

(D) Any discharge of a pollutant that has caused imminent endangerment to human health/welfare or to the environment and has resulted in the POTW’s exercise of its emergency authority to halt or prevent such a discharge.

(2) Violations of compliance schedule milestones contained in a wastewater discharge permit or enforcement order, for starting construction, completing construction, and attaining final compliance by ninety (90) days or more after the schedule date.

(3) Failure to provide any required reports such as Baseline Monitoring Reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules within thirty (30) days from the due date.

(4) Failure to accurately report non-compliance.

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

Slug load: Any discharge at a flow rate or concentration which could cause interference or a violation of the prohibited discharge standards in section 36-73 of this division or any discharge of a nonroutine, episodic nature, including but not limited to, an accidental spill or a noncustomary batch discharge.

Storm water: Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

Superintendent: The person designated by the city to supervise the operation of the POTW, and who is charged with certain responsibilities by this division, or his authorized representative.

Total suspended solids: The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering.

Toxic pollutants: Pollutants listed as toxic under 40 CFR 401.15 pursuant to section 307(a)(1) of the Act.

Upset: An exceptional incident in which a discharger unintentionally and temporarily is in a state of non-compliance with the standards set forth in sections 36-73 and 36-74 of this division due to factors beyond the reasonable control of the discharger, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation thereof.

Wastewater: Industrial waste, or sewage or any other waste, including that which may be combined with any ground water, surface water or storm water, that may be discharged to the POTW.

Wastewater discharge permit: An authorization or equivalent control document issued by the city to dischargers to the POTW. The permit may contain appropriate pretreatment standards and requirements as set forth in this division. (Ord. No. 3611, § 2(Ch. 2), 3-8-82; Ord. No. 3938, § 2, 2-13-89; Ord. No. 4048, § 2, 11-2-92)

Subdivision C. Regulations

Sec. 36-73. Prohibited discharge standards.

(1) General prohibitions. No discharger shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all dischargers to the POTW whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements.

(2) Specific prohibitions. No discharger shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:

(A) Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. In addition, wastestreams with a close cup flashpoint of less than 140 degrees F or 60 degrees C using the test methods specified in 40 CFR 261.21 of the Code of Federal Regulations.

(B) Any solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities, such as, but not limited to: grease, garbage with particles greater than one-half (1/2) inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes.

(C) Any wastewater having a pH less than five (5.0) or greater than ten (10), or wastewater having any corrosive property capable of causing damage or hazard to structures, equipment and/or personnel of the authority.

(1) pH effluent limitations under continuous monitoring.

(a) Where a permittee continuously measures the pH of wastewater pursuant to a requirement of a wastewater discharge permit issued by the city, the permittee shall maintain the pH of such wastewater within the range set forth in the permit, except excursions from the range are permitted subject to the following limitations:

(i) The total time during which the pH values are outside the permitted range shall not exceed seven (7) hours and twenty-six (26) minutes in any calendar month; and

(ii) No individual excursion from the permitted range shall exceed sixty (60) minutes.

(b) The superintendent may adjust the requirements set forth above, with respect to the length of individual excursions from the permitted range, if a different period of time is appropriate based upon treatment systems, plant configurations or other technical factors.

(c) For purposes of this section, an “excursion” is an unintentional and temporary incident in which the pH value of discharge wastewater exceeds the range set forth in a wastewater discharge permit.

(D) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;

(E) Pollutants which result in the presence of toxic gases, vapors, or fumes within the sewer system in a quantity that may cause acute worker health and safety problems.

(F) Sludges, screenings, or other residues from the pretreatment of industrial wastes.

(G) Medical waste, except as specifically authorized by the superintendent in a wastewater discharge permit.

(H) Wastewater causing, alone or in conjunction with other sources, the treatment plant’s effluent to fail a toxicity test.

(I) Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW.

(J) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, or to exceed the limitation set forth in the categorical pretreatment standards.

(K) Any noxious or malodorous liquids, gases or solids which, either singly or by interaction, are capable of creating a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for the purpose of maintenance and repair.

(L) Any substance which may cause the POTW’s effluent or treatment residues, sludges or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process. (In no case shall a substance discharged to the POTW cause the POTW to be in non-compliance with sludge use or disposal criteria, guidelines or regulations developed under section 405 of the Act; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or state standards applicable to the sludge management method being used.

(M) Any substance which will cause the POTW to violate its NPDES and/or other disposal system permits.

(N) Any substance with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.

(O) Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference but, in no case, wastewater with a temperature at the introduction into the POTW which exceeds forty (40) degrees Celsius (one hundred four (104) degrees Fahrenheit), unless the POTW treatment plant is designed to accommodate such temperature. If, in the opinion of the authority, lower temperatures of such wastes could harm either the sewers, sewage treatment processes or equipment; have an adverse effect on the receiving streams or otherwise endanger life, health or property; or constitute a nuisance, the authority may prohibit such discharges.

(P) Any slug load, which shall mean any pollutant, including oxygen-demanding pollutants (BOD, e.g.) released in a single, extraordinary discharge episode of such volume or strength as to cause interference to the POTW. In no case shall a slug load contain concentrations or qualities of pollutants that exceed for any time period longer than fifteen (15) minutes more than five (5) times the average twenty-four-hour concentration, quantities or flow during normal operation.

(Q) Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the superintendent.

(R) Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as exceed limits established by the superintendent in compliance with applicable state or federal regulations.

(S) Any wastewater which, in the opinion of the superintendent, can cause harm either to the sewers, sewage treatment process or equipment; have an adverse effect on the receiving stream; or can otherwise endanger life, limb, public property, or constitute a nuisance, unless permitted under special agreement by the superintendent (except that no special waiver shall be given from categorical pretreatment standards).

(T) Wastewater containing substances not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such a degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over the discharge to the receiving waters.

(U) Any wastewater from septic tanks except as provided in sections 36-100.6 through 36-100.12.

(V) Any trucked or hauled pollutants or wastes, except at discharge points designated by the city.

(3) Bypass of treatment facilities.

(A) Definitions:

(1) “Bypass” means the intentional diversion of wastestreams from any portion of a discharger’s treatment facility.

(2) “Severe property damage” means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

(B) “Bypass not violating applicable pretreatment standards or requirements.” The discharger may allow any bypass to occur which does not cause applicable pretreatment standards or requirements to be violated, but only if it is also for essential maintenance to assure efficient operation.

(C) Notice:

(1) If the discharger knows in advance of the need for a bypass, it shall submit prior notice in writing to the city, if possible at least ten (10) calendar days before the date of the bypass.

(2) The discharger shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the city within twenty-four (24) hours from the time the discharger becomes aware of the bypass. A written submission shall also be provided within five (5) calendar days of the time the discharger becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce eliminate, and prevent recurrence of the bypass. The city may waive the written report on a case by case basis if the oral report has been received within twenty-four (24) hours.

(D) Prohibition of bypass:

(1) Bypass is prohibited, and the city may take enforcement action against the permittee for a bypass, unless:

(a) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage.

(b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgement to prevent a bypass which occurred during normal equipment downtime or preventative maintenance; and

(c) The discharger submitted notices as required under paragraph (C) (1) and (2) of this section.

(2) The city may approve an anticipated bypass, after considering its adverse effects, if the city determines that it will meet the three conditions listed in paragraph (D)(1) of this section. (Ord. No. 3611, § 2(3.01), 3-8-82; Ord. No. 3838, § 1, 10-14-86; Ord. No. 3938, § 3, 2-13-89; Ord. No. 4048, § 3, 11-2-92)

Sec. 36-74. Limitations on wastewater strength.

(1) National categorical pretreatment standards. National categorical pretreatment standards and other applicable regulations now existing or as hereafter promulgated by the U.S. Environmental Protection Agency (USEPA) pursuant to the Act and as adopted, shall be enforceable by this division and shall be met by all dischargers of the regulated industrial categories. An application for modification of the national categorical pretreatment standards may be considered for submittal to the EPA Regional Administrator by the authority, when the authority’s wastewater treatment system achieves consistent removal of the pollutants, as defined by 40 CFR 403.7.

(2) State requirements. State requirements and limitations on dischargers to the POTW shall be met by all dischargers which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations or those in this division or any other applicable ordinance.

(3) Right of revision. The authority reserves the right to amend this division or individual wastewater discharge permits to provide for more stringent limitations or requirements on discharges to the POTW where deemed necessary to comply with the objectives set forth in section 36-71 of this division.

(4) Dilution. No discharger shall increase the use of potable or process water in any way for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the applicable standards set forth in this division. The authority may impose mass limitations on dischargers which are using dilutions to meet the applicable pretreatment standards or requirements of the division, or in other cases deemed appropriate by the authority.

(5) Local limits. In addition to the categorical pretreatment standards referenced in section 36-74(1) of this division, no discharger shall discharge wastewater containing concentrations (and/or mass limitations) of substances exceeding the following local limits:

	Maximum Daily
		Concentration
Parameter		(mg/l)
Arsenic		0.10
Cadmium		0.085
Chromium (total)		4.31
Copper		1.43
Cyanide		0.50
Lead		0.54
Mercury		0.01
Nickel		0.74
Silver		0.09
Zinc		2.78

(All concentrations for metallic substances are for “total” metal unless indicated otherwise.)

Wherever a discharger is subject to both a categorical pretreatment standard and a local limit for a given pollutant, the more stringent shall apply.

(6) Pretreatment. Dischargers shall provide necessary wastewater pretreatment as required to comply with this division and shall achieve compliance with all applicable pretreatment standards within the time limitations as specified by appropriate statutes, regulation and ordinance. Any facilities required to pretreat wastewater to a level acceptable to the authority shall be provided, properly operated and maintained at the discharger’s expense. Detailed plans showing the pretreatment facilities shall be submitted to the authority for review and must be acceptable to the authority before construction of the facility. The review of such plans shall in no way relieve the discharger from the responsibility of modifying its facility or operations as necessary to produce an effluent acceptable to the authority under the provisions of this division. Within a reasonable time after the completion of the wastewater pretreatment facility, the discharger shall furnish its operations and maintenance procedures for the authority to review. Any subsequent significant changes in the pretreatment facilities or method of operation shall be reported to and be accepted by the authority prior to the discharger’s initiation of the changes.

(7) Special agreement. The authority reserves the right to enter into special agreements with dischargers setting out special terms under which they may discharge to the POTW. In no case will a special agreement waive compliance with a categorical pretreatment standard or federal pretreatment requirement. However, the discharger may request a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. They may also request a variance from the categorical pretreatment standard from the approval authority in accordance with 40 CFR 403.13. (Ord. No. 3611, § 2(3.02), 3-8-82; Ord. No. 3938, § 3, 2-13-89; Ord. No. 4048, § 4, 11-2-92)

Sec. 36-75. Accidental discharges.

(a) As appropriate, dischargers shall provide protection from the accidental discharge of prohibited or regulated materials or substances established by this division. Where deemed necessary by the authority, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the discharger’s cost and expense. An accidental spill prevention plan (ASPP), showing facilities and operating procedures to provide this protection, shall be submitted to the authority for review and approval before implementation. The authority shall determine which discharger is required to develop an ASPP and require said discharger to submit the ASPP within sixty (60) calendar days after notification by the authority. Each discharger shall implement its ASPP as submitted after such ASPP has been reviewed and approved by the authority. Review and approval of such plans and operating procedures by the authority shall not relieve the discharger from the responsibility to modify its facility as necessary to meet the requirements of this division.

(b) Dischargers shall notify the superintendent immediately upon the occurrence of a “slug” or accidental discharge of substances prohibited by this division. The notification shall include the location of the discharge, date and time thereof, the type of waste, concentration and volume and corrective actions. Any discharger who discharges slugs of prohibited materials shall be liable for any expense, loss or damage to the POTW, in addition to the amount of any fines imposed on the authority on account thereof under state or federal law.

(c) Within five (5) calendar days following an accidental discharge, the discharger shall submit to the superintendent a detailed written report describing the cause of the discharge and the measures to be taken by the discharger to prevent similar future occurrences. Such notification shall not relieve the discharger of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the discharger of any fines, civil penalties, or other liability which may be imposed by this division or other applicable law.

(d) Signs shall be permanently posted in conspicuous places on the discharger’s premises, advising employees whom to call in the event of a slug or accidental discharge. Employers shall instruct all employees who may cause or discover such a discharge with respect to emergency notification procedure.

(e) Any discharger required to develop and implement an accidental spill prevention plan shall submit a plan which addresses, at a minimum, the following:

(1) Description of discharge practices, including nonroutine batch discharges;

(2) Description of stored chemicals;

(3) Procedures for immediately notifying the POTW of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any of the standards in sections 36-73 and 36-74 of this division; and

(4) Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response. (Ord. No. 3611, § 2(3.03), 3-8-82; Ord. No. 3938, § 3, 2-13-89; Ord. No. 4048, § 5, 11-2-92)

Subdivision D. Fees

Sec. 36-76. Purpose.

It is the purpose of this subdivision to provide for the payment of fees from dischargers to the authority’s wastewater disposal system to compensate the authority for the cost of the administration of the pretreatment program established herein. (Ord. No. 3611, § 2(4.01), 3-8-82; Ord. No. 3938, § 4, 2-13-89; Ord. No. 4048, § 5, 11-2-92)

Sec. 36-77. Charges and fees.

If costs are incurred beyond operation through involvement with non-complying dischargers, the authority will charge the non-complying discharger for monitoring, laboratory analyses, inspections and surveillance as required by federal pretreatment requirements and this division. (Ord. No. 3611, § 2(4.02), 3-8-82; Ord. No. 3938, § 4, 2-13-89; Ord. No. 4048, § 5, 11-2-92)

Subdivision E. Administration

Sec. 36-78. Wastewater dischargers to comply with terms of division.

It shall be unlawful to discharge sewage, industrial wastes or other wastes to any sewer outlet within the jurisdiction of the authority and/or to the POTW without having first complied with the terms of this division or without having first obtained the authority’s approval of a compliance schedule submitted by the discharger/industrial discharger. All dischargers/industrial dischargers proposing to connect to or to discharge sewage, industrial wastes or other wastes to the POTW shall apply to the community development department for a wastewater discharge permit prior to or concurrent with applying for building or plumbing permits, submitting building plans for review or applying for a business license and shall comply with all terms of this division within thirty (30) calendar days after the effective date of this division. (Ord. No. 3611, § 2(5.01), 3-8-82; Ord. No. 3938, § 5, 2-13-89; Ord. No. 4048, § 6, 11-2-92; Ord. No. 4427, § 1, 4-10-06)

Sec. 36-79. Wastewater discharge permit requirements.

No significant industrial discharger shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the superintendent. Any violation of the terms and conditions of a wastewater discharge permit shall be considered to be a violation of this division and subjects the permittee to the sanctions set out in this division.

(1) Disclosure forms. Significant industrial dischargers shall complete and file with the authority a data disclosure declaration in the form prescribed by the authority and accompanied by the appropriate fee. Existing significant industrial dischargers (SIDs) shall file a disclosure form within sixty (60) calendar days after notification by the authority. (The authority’s notification to SIDs covered by categorical pretreatment standards will be in ample time to ensure that the SID complies with the 180-day deadline date established in 40 CFR 403.12(b).) At least ninety (90) calendar days prior to the anticipated start-up, new sources that become industrial dischargers subsequent to the promulgation of an applicable categorical pretreatment standard and new dischargers considered by the city to fit the definition of SID shall apply for a permit and will be required to submit to the city at least the information listed in subsections (1)(A) through (E) of this section. A new source (new discharger) cannot discharge without first receiving a permit from the city. New sources and new dischargers shall also be required to include in this report information on the method of pretreatment the source intends to use to meet applicable pretreatment standards. New sources and new dischargers shall give estimates of the information requested in subsections (1)(D) and (E) of this section. This data disclosure form satisfies the requirements of the baseline monitoring report as described in 40 CFR 403.12(b). The disclosure to be made by the discharger shall be made on written forms provided by the authority and shall cover:

(A) Identifying information. The discharger shall submit the name and address of the facility including the name of the operator and owners.

(B) Permits. The discharger shall submit a list of any environmental control permits held by or for the facility.

(C) Description of operations. The discharger shall submit a brief description of the nature, average rate of production, and Standard Industrial Classification of the operation(s) carried out by such industrial discharger. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated or manufacturing processes; disclosure of the time and duration of discharges; disclosure of site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, inspection manholes, sampling chambers and appurtenances by size, location and elevation; description of activities, facilities and plant processes on the premises including all materials which are or may be discharged to the sewers or works of the city.

(D)  Flow measurement.

(1) Categorical discharger: The discharger shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:

(i) Regulated or manufacturing process streams; and

(ii) Other streams as necessary to allow use of the combined wastestream formula of 40 CFR 403.6(e).

(2) Noncategorical discharger: The discharger shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:

(i) Total process flow, wastewater treatment plant flow, total plant flow or individual manufacturing process flow as required by the superintendent.

The city may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.

(E)  Measurements of pollutants.

(1) Categorical discharger:

(i) The discharger shall identify the applicable pretreatment standards for each regulated or manufacturing process.

(ii) In addition, the discharger shall submit the results of sampling and analysis identifying the nature and concentration (or mass) where required by the city of regulated pollutants (including standards contained in sections 36-73 and 36-74, as appropriate) in the discharge from each regulated or manufacturing process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall conform to sampling and analytical procedures outlined in section 36-80(8) of this division.

(iii) The discharger shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subsection.

(iv) Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) for a categorical discharger covered by a categorical pretreatment standard, this adjusted limit along with supporting data shall be submitted as part of the data disclosure form.

(2) Noncategorical discharger:

(i) The discharger shall identify the applicable pretreatment standards for its wastewater discharge.

(ii) In addition, the discharger shall submit the results of sampling and analysis identifying the nature and concentration (or mass where required by the city) of regulated pollutants contained in sections 36-73 and 36-74, as appropriate, in the discharge. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall conform to sampling and analytical procedures outlined in section 36-80(8) of this division.

(iii) The discharger shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subsection.

(iv) Where the superintendent has determined that dilution exists and has developed an adjusted limit, the discharger shall calculate the adjusted limit from its sample results and flow measurements. The adjusted value along with supporting data shall be submitted as part of the data disclosure form.

(F) Certification. A statement, reviewed by an authorized representative of the industrial discharger and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O and M) and/or additional pretreatment is required for the industrial discharger to meet the applicable pretreatment standards and requirements.

(G) Compliance schedule. If additional pretreatment and/or O and M will be required to meet the applicable pretreatment standards, the shortest schedule by which the industrial discharger will provide such additional pretreatment and/or O and M. The completion date in this schedule shall not be later than the compliance date established for the applicable categorical pretreatment standard. For noncategorical industries, a final compliance date will be established by the city, or for any categorical discharger when the local limits for said discharger are more restrictive than the EPA’s categorical pretreatment standards.

(1) Where the industrial discharger’s categorical pretreatment standard has been modified by a removal allowance (40 CFR 403.7), the combined wastestream formula (40 CFR 403.6(e)), and/or a fundamentally different factors variance (40 CFR 403.13) at the time the discharger submits the report required by this paragraph, the information required by subsections (1)(F) and (G) of this section shall pertain to the modified limits.

(2) If the categorical pretreatment standard is modified by a removal allowance (40 CFR 403.7), the combined wastestream formula (40 CFR 403.6(e)), and/or a fundamentally different factors variance (40 CFR 403.13) after the discharger submits the report required by subsections (1)(F) and (G) of this section, the report shall be resubmitted by the discharger within sixty (60) calendar days after the modified limit is approved.

(H) Where additional pretreatment and/or operation and maintenance activities will be required to comply with this division, the discharger shall provide a compliance schedule consisting of a declaration of the shortest schedule by which the discharger will provide such additional pretreatment and/or implementation of additional operational and maintenance activities. Any discharger provided with a compliance schedule by the authority shall follow the requirements of this subsection.

(1) The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the discharger to comply with the requirements of this division, including, but not limited to, dates relating to hiring an engineer, completing preliminary plans, completing final plans, executing a contract for major components, commencing construction, completing construction and all other acts necessary to achieve compliance with this division.

(2) Under no circumstance shall the authority permit a time increment for any single step directed toward compliance which exceeds nine (9) months.

(3) Not later than fourteen (14) calendar days following each milestone date in the schedule and the final date for compliance, the discharger shall submit a progress report to the authority, including no less than a statement as to whether or not it complied with the increment of progress represented by that milestone date and, if not, the date on which it expects to comply with this increment of progress, the reason for the delay and the steps being taken by the discharger to return the construction to the approved schedule. In no event shall more than nine (9) months elapse between such progress reports to the authority.

(I) Disclosure of each product produced by type, amount, process or processes, and the rate of production.

(J) Disclosure of the type and amount of raw materials utilized, including chemicals used in the process which may be discharged to the sanitary sewer system (average and maximum per day).

(K) All disclosure forms shall be signed by an authorized representative of the discharger and, when required by the authority, a qualified engineer.

(L) Any pertinent special agreements between the discharger and the authority concerning treatment of discharges, special user charges or rates, or any other information deemed necessary by the superintendent. The authority will evaluate the complete disclosure form and data furnished by the discharger and may require additional information. The authority may require inspection and sampling manholes and/or flow measuring or recording and sampling equipment to assure compliance with this division. After full evaluation and acceptance of the data furnished, the authority may notify the discharger of the authority’s acceptance thereof through issuance of a wastewater discharge permit. Upon a determination to issue, the permit shall be issued within (30) days of full evaluation and acceptance of the data furnished. The superintendent may deny any application for a wastewater discharge permit. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law.

(2) Standards modification. The authority reserves the right to amend this division and the terms and conditions hereof in order to assure compliance by the authority with applicable laws and regulations. All national categorical pretreatment standards adopted by the USEPA after the promulgation of this division shall be enforceable by the authority through this division. Where a discharger, subject to a categorical pretreatment standard, has not previously submitted a data disclosure form as required by section 36-79(b), the discharger shall file a disclosure form with the authority within one hundred eighty (180) calendar days after the promulgation of the applicable categorical pretreatment standard by the USEPA. In addition, any discharger operating on the basis of a previous filing of a data disclosure form shall submit to the authority within one hundred eighty (180) calendar days after the promulgation of an applicable categorical pretreatment standard the additional information required by subsections (3)(G) and (H) of this section. If deemed necessary by the authority, where categorical pretreatment standards are more stringent, the wastewater discharge permit will be modified. The discharger shall be informed of any proposed changes in the division at least thirty (30) calendar days prior to the effective date of change. Any changes or new conditions in the division shall include a reasonable time schedule for compliance.

(3) Wastewater discharge permit. The superintendent shall issue each significant discharger a wastewater discharge permit. The superintendent may issue wastewater discharge permits to dischargers/industrial dischargers other than those defined within this division as “significant” as necessary to carry out the purposes of this division. Wastewater discharge permits will be based on information in the data disclosure form and may include:

(A) Any fees and charges to be paid upon initial issuance.

(B) Limits on the average and maximum wastewater characteristics and pollutant concentrations, loadings or characteristics.

(C) Limits on the average and maximum rate and time of discharge or requirements for flow regulations and equalization.

(D) Requirements for the installation and maintenance of inspection and sampling facilities.

(E) Special conditions as the authority may reasonably require under particular circumstances of a given discharge.

(F) Compliance schedules.

(G) Requirements for the submission of special technical reports or discharge reports where the same differs from those prescribed by this division.

(H) Any special agreements the superintendent chooses to continue or develop between the city and a discharger.

(I) When appropriate, self-monitoring requirements, including flow monitoring frequency and method, sampling frequencies, numbers, types and standards for tests.

(J) Authorized points of discharge and regulated processes.

(K) Requirement for immediate notification to the authority where self-monitoring results indicate noncompliance.

(L) Requirement to report a bypass or upset of a pretreatment facility.

(M) Requirement for the significant industrial discharger who reports noncompliance to repeat the sampling and analysis and submit the analysis to the authority within thirty (30) calendar days after becoming aware of the violation.

(N) A statement of applicable civil, criminal, and administrative penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule.

(4) Wastewater discharge permit duration. All wastewater discharge permits shall be issued for a five-year period, subject to amendment or revocation as provided in this division.

(5) Wastewater discharge permit transfer. Wastewater discharge permits may be reassigned or transferred to a new owner and/or operator only if the permittee gives at least twenty (20) calendar days’ advance notice to the superintendent and the superintendent approves the wastewater discharge permit transfer. The notice to the superintendent must include a written certification by the new owner and/or operator which:

(A) States that the new owner and/or operator has no immediate intent to change the facility’s operations and processes;

(B) Identifies the specific date on which the transfer is to occur; and

(C) Acknowledges full responsibility for complying with the existing wastewater discharge permit.

Failure to provide advance notice of a transfer renders the wastewater discharge permit voidable as of the date of facility transfer.

(6) Wastewater discharge permit reissuance. A discharger, required to have a wastewater discharge permit, shall apply for wastewater discharge permit reissuance by submitting a complete disclosure form, in accordance with section 36-79(1) of this division, a minimum of ninety (90) calendar days prior to the expiration of the discharger’s existing wastewater discharge permit. If the discharger submits its data disclosure form within the time period provided in this subsection and the authority does not issue a new permit prior to the expiration date in the existing permit, the existing permit shall remain in effect until the new permit is reissued. If the discharger fails to submit its data disclosure form within the time period specified in this subsection and a new permit is not issued by the authority prior to the expiration date of the existing permit, the discharger is deemed to be discharging without a valid permit.

(7) Wastewater discharge permit modification. The superintendent may modify the wastewater discharge permit for good cause including, but not limited to, the following:

(A) To incorporate any new or revised federal, state, or local pretreatment standards or requirements;

(B) To address significant alterations or additions to the discharger’s operation, processes, or wastewater volume or character since the time of the wastewater discharge permit issuance;

(C) A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

(D) Information indicating that the permitted discharge poses a threat to the POTW, city personnel, or the receiving waters;

(E) Violation of any terms or conditions of the wastewater discharge permit;

(F) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;

(G) Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;

(H) To correct typographical or other errors in the wastewater discharge permit; or

(I) To reflect a transfer of the facility ownership and/or operation to a new owner/ operator.

(8) Final compliance deadlines.

(A) Deadline for compliance with categorical standards shall be in accordance with 40 CFR 403.6(b).

(B) The city shall establish a final compliance deadline date for any existing significant industrial discharger not covered by categorical pretreatment standards or for any categorical discharger when the local limits for said discharger are more restrictive than the EPA’s categorical pretreatment standards. The city shall establish the shortest feasible time for the discharger to achieve compliance and shall incorporate a final compliance date within the discharger’s wastewater discharge permit.

(C) New sources and “new dischargers” (that fit the definition of significant discharger) shall install and have in operating condition, and shall “start-up” all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge. Within the shortest feasible time (not to exceed ninety (90) calendar days), new sources and “new dischargers” must meet all applicable pretreatment standards.

(D) Any wastewater discharge permit issued to a categorical discharger shall not contain a compliance date beyond any deadline date established in the EPA’s categorical pretreatment standards. Any other existing discharger or a categorical discharger that must comply with a more stringent local limit which is in noncompliance with any local limits shall be provided with a compliance schedule placed in the wastewater discharge permit to ensure compliance within the shortest time feasible.

(9) Wastewater discharge permit revocation. Wastewater discharge permits may be revoked for, but not limited to, the following reasons:

(A) Failure to notify the city of significant changes to the wastewater prior to the changed discharge;

(B) Failure to provide prior notification to the city of changed condition pursuant to section 36-80(10) of this division;

(C) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

(D) Falsifying self-monitoring reports;

(E) Tampering with monitoring equipment;

(F) Refusing to allow the city timely access to the facility premises and records;

(G) Failure to meet effluent limitations;

(H) Failure to pay penalties;

(I) Failure to pay sewer charges;

(J) Failure to meet compliance schedules;

(K) Failure to complete a wastewater survey or the wastewater discharge permit application;

(L) Failure to provide advance notice of the transfer of a permitted facility; or

(M) Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this division. (Ord. No. 3611, § 2(5.02), 3-8-82; Ord. No. 3938, § 5, 2-13-89; Ord. No. 4048, § 7, 11-2-92; Ord. No. 4427, § 2, 4-10-06)

Sec. 36-80. Reporting requirements for discharger.

(1) Final compliance report. Within ninety (90) calendar days following the date for final compliance by the significant industrial discharger with applicable pretreatment standards and requirements set