Chapter 13.20
SEWAGE AND SEWAGE DISPOSAL

Sections:

Article I. Sewer Construction and Connections

13.20.100    Connection required – Enforcement.

13.20.110    Defective private service line or septic system.

13.20.120    Size, location, plans.

13.20.130    Permit – Required.

13.20.140    Permit – Conditions.

13.20.150    Sanitary sewer failures and repair responsibilities.

13.20.160    Settling, collapse of public ways due to faulty sewer installation – Repairs – Costs.

Article II. Service Outside City

13.20.170    Approval of connections by engineer – Compliance with applicable laws.

13.20.180    Rates.

13.20.190    Sewer districts – Application.

13.20.200    Sewer districts – License or contract.

13.20.210    Conditions of contracts.

13.20.220    Annexation and funding of sewer service and extensions.

13.20.230    Agreement for annexation for future connections.

Article III. Use Regulations

13.20.240    Combined sewers not to be approved.

13.20.250    Unlawful use and/or maintenance of certain drains, discharges and mechanisms.

13.20.260    Prohibitions on storm drainage and groundwater.

13.20.270    Prohibition on unpolluted water.

13.20.280    Unlawful waste discharges in sanitary sewer.

13.20.290    Federal categorical pretreatment standards.

13.20.300    Limitations – Wastewater strength.

13.20.310    Limitations – Radioactive wastes.

13.20.320    Limitations – Use of garbage grinders.

13.20.330    Limitations – Point of discharge.

13.20.340    Repealed.

13.20.350    Certain connections to be sealed with blind plug until area adjacent to foundation backfilled and compacted.

13.20.360    Basement or excavation water, removal.

13.20.370    Dilution of discharges.

13.20.380    Monitoring facilities.

13.20.390    Pretreatment.

13.20.400    Accidental discharges, slug loads or treatment bypass.

Article IV. Wastewater Discharge Permit

13.20.410    Wastewater discharge permit.

13.20.420    Optional permits.

13.20.430    Application.

13.20.440    Evaluation and acceptance.

13.20.450    Conditions.

13.20.460    Permit modifications to comply with new pretreatment standards.

13.20.470    Duration.

13.20.480    Transfer.

13.20.490    Duties of superintendent.

13.20.500    Inspection and sampling.

13.20.510    Trade secrets.

13.20.520    Reporting requirements.

13.20.530    Notice of hazardous waste discharge.

13.20.540    Significant noncompliance.

13.20.550    Recordkeeping.

Article V. Septic Tank Truck Operators

13.20.560    Liquid waste haulers, discharge permit required.

13.20.570    Liquid waste discharge permit application, application fee.

13.20.580    Control authority.

13.20.590    Permit, conditions, renewal.

13.20.600    Liquid waste discharge location, fees, manifest.

13.20.610    Discharge of contents from holding tanks.

13.20.620    Change in liquid waste profile.

13.20.630    Rights of refusal.

13.20.640    Enforcement.

13.20.650    Liquid waste hauler – Regulatory penalty.

13.20.660    Liquid waste hauler – Damage to facilities.

13.20.670    Liquid waste hauler – Criminal.

Article VI. Sewage Connection and Disposal Charges

13.20.680    Connection fees and monthly rates/charges established.

13.20.690    Calculation of charges and classification of users.

13.20.700    Standard classification charges.

13.20.710    Treatment of liquid waste – Setting of rate.

13.20.720    Special treatment conditions.

13.20.730    Special metering conditions.

13.20.740    Rendering of bills.

13.20.750    Effective date for charges.

13.20.760    Payment required – No discrimination.

13.20.770    Sewage disposal system fund.

13.20.780    Certification of names of water users without sewage connection.

13.20.790    Failure to pay bill.

13.20.800    Charges for restoring service.

13.20.810    Overpayment or underpayment.

Article VII. Grease Generators

13.20.820    Use of grease traps/interceptors.

13.20.830    Quarterly reporting.

13.20.840    Record keeping.

13.20.850    Additives.

Article VIII. Grease Hauler

13.20.860    License required.

13.20.870    Application.

13.20.880    License term.

13.20.890    License fee.

13.20.900    Grease hauler license renewal.

13.20.910    Grease waste inspection.

13.20.920    Record keeping.

13.20.930    Late fees.

13.20.940    Suspension or revocation of license.

13.20.950    Prohibited acts.

Article I. Sewer Construction and Connections

13.20.100 Connection required – Enforcement.

(a) It shall be the duty of every person owning any dwelling house or any other building within the city to make connections with the public sanitary sewer for the purpose of disposing of all substances from any such building, affecting the public health which may be lawfully and properly disposed of by means of such sewer. Connection with the public sanitary sewer is required when the main or lateral sewer is adjacent to the property and one or more of the following conditions exist:

(1) The septic system serving the property constitutes a public nuisance. The director of public works for the city is hereby designated to determine when a septic system is a public nuisance; and/or

(2) The property changes ownership; and/or

(3) Modifications are made to the main structure located on the property that requires issuance of a building permit; and/or

(4) Within five years of the construction of the public main or lateral sanitary sewer, such time not starting any sooner than the effective date of this chapter.

(b) Failure to Connect/Service Assessment. If any person shall fail, neglect or refuse to connect any such building with the sewer system as provided by this article for more than 30 calendar days or in the case of public nuisance for more than 10 days after being notified in writing by the department of public works or their designee to do so, the city may advertise for bids for the construction and make contracts therefor to the lowest responsible bidder and may cause such buildings or premises to be connected with the sewer system and may assess the cost of expense including any applicable connection fees thereof against the property and premises so connected, such assessment to be made in the same manner as other special assessments are made. The city and its designated representatives shall have the right of entry onto properties for the purposes set forth in this article.

(c) Extension of Time to Connect. The council may extend the time to make connection with the public sanitary sewer if city administered loan money for qualifying property owners is not available at the written request of the person owning the dwelling or other building and the requester is a qualified property owner. (Ord. 19496 § 31, 12-21-10; Ord. 17089 §§ 2 – 4, 3-11-97; Ord. 16388 § 5.0, 11-5-91. Code 1995 § 146-236. Formerly 14.80.200.)

    Cross References: City council – mayor, Chapter 2.15 TMC; department of public works, TMC 2.25.170.

13.20.110 Defective private service line or septic system.

It shall be unlawful to permit or allow the leakage of water, sewage or other matter from a private service line, septic system including septic tank, piping, or lateral line, or onto private or public property thereby creating unhealthy conditions that constitute an immediate threat to the health, safety, or well-being of the public. (Ord. 19496 § 32, 12-21-10.)

13.20.120 Size, location, plans.

The city engineer shall lay out and determine the size, location and grade, and make all necessary plans, specifications, requirements and estimates, for all sewers within the main sewer districts and sewer subdistricts heretofore designated or hereafter created and designated and file the same in the engineer’s office for the use of the city, and at the expiration of the term of office deliver the same intact to the successor. When the city engineer does not have sufficient staff or the improvement is of such nature as to require special knowledge or experience, the public works director may enter into a contract with consulting engineers for the engineering work, such work to be approved by the city engineer. (Ord. 19496 § 33, 12-21-10; Ord. 16388 § 5.1, 11-5-91. Code 1995 § 146-237. Formerly 14.80.210.)

    Cross References: Department of public works, TMC 2.25.170; city engineer, TMC 2.25.180.

13.20.130 Permit – Required.

(a) No sewer or drain of any kind shall be connected with the sewers constructed under authority of the city within any of the main sewer districts or sewer subdistricts of the city, except by written permission of the city engineer and by compliance with all the rules, regulations and specifications provided for the proper construction and maintenance of such sewers or drains.

(b) Any person owning property within the city limits, which property is not within any lateral sanitary sewer district theretofore created, desiring to make connection to the sanitary sewage system, shall make application for a permit to the city engineer. (Ord. 19496 § 34, 12-21-10; Ord. 16388 § 5.2, 11-5-91. Code 1995 § 146-238. Formerly 14.80.220.)

    Cross References: City engineer, TMC 2.25.180.

13.20.140 Permit – Conditions.

All permits granted under this article shall expressly state that the applicant, and any grantees, devisees, heirs, administrators and assigns, agree and consent that the property covered in the permit may thereafter be included in any sanitary sewage district whenever created in accordance with law. (Ord. 19496 § 35, 12-21-10; Ord. 16388 § 5.4, 11-5-91. Code 1995 § 146-239. Formerly 14.80.230.)

13.20.150 Sanitary sewer failures and repair responsibilities.

(a) The maintenance and repair of a building service line and its connection with the city sewer main is the responsibility of the owner of the property it serves. It is therefore the responsibility of the property owner to make repairs if there is a failure in the building service line or the wye connection to the city sewer main and the responsibility of the city if there is a failure in the city sewer main. The first indication of sewer failure or potential failure may vary. It is the intention of the water pollution control division to cooperate with the individual property owners and the plumbers in the resolution of these sanitary failures within the following guidelines.

(b) Sewer Failure – Excavation.

(1) Settlement of Ground Surface. In some cases failure of a sewer line is first indicated by settlement of the ground surface near a failure. This can happen before there is any apparent malfunction in either the building service line or the city sewer main. When this occurs over or near the connection of the building service line to the city sewer main, it is not always possible to determine before excavation whether the failure is in the building service line, the city sewer main, or both. If there is no indication at this time that the building service line has failed, the water pollution control division will make an attempt to determine the problem by inspection of the city sewer main. If the problem is with the city sewer main, or if the city is unable to inspect the city sewer, the division will make the initial excavation to determine the source of the problem.

(2) Sewer Stoppage/Backup. If the backup of sewage is the first indication of failure, the water pollution control division will assist by investigating to determine if there is a stoppage in the city sewer main.

(i) If the city sewer main has deteriorated to the point where it appears to be the source of the problem or if the city sewer main contains a stoppage that cannot be removed by conventional methods, then the water pollution control division will make the initial excavation to determine the extent of the failure.

(ii) If the city sewer main is not obstructed, but is open and flowing, and the private sewer line has failed, it then becomes the responsibility of the property owner to make the necessary repairs within seven days. In this case, the water pollution control division will not make the initial excavation.

(3) Excavation Requirement. It shall be the total responsibility of the party making the excavation to make it of adequate size for water pollution control division personnel to work safely for inspection of the sewer and/or repairing of the wye connection.

(c) Sewer Repairs.

(1) City Sewer Is Broken. If the city sewer main is broken or in such poor condition that it is impractical to make a new wye connection (except where the city sewer main was broken during excavation by others), then the water pollution control division will provide the following services:

(i) Make the additional excavation required to remove the damaged pipe and replace the broken section(s) of pipe.

(ii) Install a new wye connection thereto and pour a concrete base under the city sewer or provide adequate support.

(iii) If the material removed from the hole is unacceptable for backfilling, the water pollution control division will furnish new backfill material.

(iv) Haul off any excess dirt or other material unacceptable for backfill.

(v) Remove any debris left on city property.

(vi) Replace the surfacing.

(vii) If the initial excavation was made by the property owner(s), the water pollution control division may share in the cost, depending upon the reason for the initial excavation.

(2) Broken Wye. If the wye connection itself is broken at the city sewer main, the private sewer line has also failed and the city sewer is in good condition, the water pollution control division will also haul off any excess dirt or other material unacceptable for backfill and remove any debris left on city property. The water pollution control division may participate in the cost of additional items of work where the cost is excessive due to surfacing or deep sewers. It is the responsibility of the property owner(s) to hire a plumber to install the private sewer line(s), replace the backfill material and compact it in accordance with engineering department standards.

(3) City Sewer Intact.

(i) If the city sewer main and the wye connection itself are intact and only the private sewer line(s) is damaged, the water pollution control division has no responsibility and therefore will not assist in or pay for any portion of the repair work. In such cases, the water pollution control superintendent or designee shall direct the property owner, from which the building service line extends, to repair the service line within seven days.

(ii) The property owner may, through written request, authorize the water pollution control division to cause the private sewer line to be repaired and reimburse the water pollution control division for any cost and expenses incurred therewith.

(iii) The water pollution control division shall exercise diligence, including sending a certified letter, return receipt requested, in attempting to locate and direct the property owner to repair the service line. However, if said property owner cannot be located or if said property owner fails to secure the service of a contractor to repair the private sewer service line within 72 hours of having received notice from the superintendent, then the water pollution control division shall cause the private sewer line, situated in the public right-of-way, to be repaired and excavation backfilled. The said property owner shall be responsible for any cost and expenses incurred in connection with said repair.

(iv) The water pollution control division shall submit a bill to the owner of any property for which it caused a private sewer line to be repaired. In the event the owner of any property for which the water pollution control division has caused replacement or repair of a private sewer service line shall neglect, fail or refuse to pay the cost or expenses incurred by the water pollution control division, such charges shall constitute a lien upon the real estate from which the private sewer line extends, and shall be certified by the city clerk to the county clerk, to be placed on the tax roll for collection, subject to the same penalties and collected in like manner as other taxes are by law collectable.

(v) The officials of the department of public works shall be authorized to inspect any sewer repair work done in public right-of-way or easement pursuant to the provisions of this section. (Ord. 19496 § 36, 12-21-10; Ord. 18272 § 2, 6-22-04; Ord. 17090 § 1, 3-11-97; Ord. 16388 § 5.3, 11-5-91. Code 1995 § 146-240. Formerly 14.80.240.)

    Cross References: City clerk, TMC 2.25.110; department of public works, TMC 2.25.170; city engineer, TMC 2.25.180.

13.20.160 Settling, collapse of public ways due to faulty sewer installation – Repairs – Costs.

(a) Whenever officials of the city’s public works department investigate any localized settlements or collapses in public streets, easements, alleys or rights-of-way and determine that such settlement or collapse has occurred due to inadequacies of a public sewer line, then the water pollution control division shall make or cause to be made immediate repairs and backfill the excavation. However, if the settlement or collapse is found to have resulted from inadequacies in a private sewer line, then the water pollution control division superintendent or designee shall direct the property owner from which the building service line extends to repair the service line within seven days.

(b) The property owner may, through written request, authorize the water pollution control division to cause a private sewer line to be repaired and reimburse the water pollution control division for any cost and expenses incurred therewith.

(c) The water pollution control division shall exercise diligence, including sending a certified letter, return receipt requested, in attempting to locate and direct the property owner to repair the service line. However, if such property owner cannot be located or if such property owner fails to secure the service of a contractor to repair the private sewer service line within 72 hours of having received notice from the superintendent, then the water pollution control division shall cause the private sewer line situated in the public right-of-way to be repaired and excavation backfilled. The property owner shall be responsible for any cost and expenses incurred in connection with such repair.

(d) The water pollution control division shall submit a bill to the owner of any property for which it caused a private sewer line to be repaired. If the owner of any property for which the water pollution control division has caused placement or repair of a private sewer service line shall neglect, fail or refuse to pay the cost or expenses incurred by the water pollution control division, such charges shall constitute a lien upon the real estate from which the private sewer line extends, and shall be certified by the city clerk to the county clerk, to be placed on the tax roll for collection, subject to the same penalties and collected in like manner as other taxes are by law collectable.

(e) The officials of the department of public works shall be authorized to inspect any sewer repair work done in public rights-of-way or easements pursuant to the provisions of this section. (Ord. 19496 § 37, 12-21-10; Ord. 16388 § 5.5, 11-5-91. Code 1995 § 146-241. Formerly 14.80.250.)

    Cross References: City clerk, TMC 2.25.110; department of public works, TMC 2.25.170.

Article II. Service Outside City

13.20.170 Approval of connections by engineer – Compliance with applicable laws.

Sewer service to property outside of the city may be connected to the city sewage system or to sewers belonging to another but emptying into the city sewage system only with the approval of the city engineer. Such sewer service connections shall comply with all applicable ordinances, specifications, rules and regulations of the city. (Ord. 19496 § 38, 12-21-10; Ord. 18272 § 3, 6-22-04; Ord. 16388 § 6.0, 11-5-91. Code 1995 § 146-251. Formerly 14.80.260.)

    Cross References: City engineer, TMC 2.25.180.

13.20.180 Rates.

(a) Rate and charges for customers outside the city operating under the terms of this chapter for sewer maintenance, sewage transportation and sewage treatment shall be as established by ordinance of the city, and such rates shall be sufficient to pay costs and expenses of the following three general classifications:

(1) Sewage disposal and treatment.

(2) Sewage transportation.

(3) Sewer operation and maintenance.

(b) All rates for customers outside the city shall be reviewed at least every five years or more frequently at the discretion of the city, except rates for sewage disposal and treatment, which rates shall be reviewed, altered or amended as other rates within the city limits. (Ord. 19496 § 39, 12-21-10; Ord. 16388 § 6.1, 11-5-91. Code 1995 § 146-252. Formerly 14.80.270.)

13.20.190 Sewer districts – Application.

Any sewer district outside of the city may apply to the department of public works for permission to connect to the city sewage system and to empty sewage therein. Such application shall contain among other things a statement on the part of any applicant that the applicant agrees to be governed by the terms of this chapter and amendments thereto and any additional agreements which may be entered into between the applicant and the city. (Ord. 19496 § 40, 12-21-10; Ord. 16388 § 6.2, 11-5-91. Code 1995 § 146-253. Formerly 14.80.280.)

    Cross References: Department of public works, TMC 2.25.170.

13.20.200 Sewer districts – License or contract.

If an application is made as provided for in TMC 13.20.190, the director of public works shall consider the application and may grant permission for connection to the city sewage system conditioned by the terms of this chapter and such ordinances, rules and regulations or resolutions as are made applicable thereto. Such permission shall become operative upon entering into a contract. The contract shall have no term but shall be revocable by the city at any time on 10 days’ written notice to the licensee, and any such revocation shall state a reasonable number of days at the end of which the licensee shall have disconnected from the city sewage system. (Ord. 19496 § 41, 12-21-10; Ord. 16388 § 6.3, 11-5-91. Code 1995 § 146-254. Formerly 14.80.290.)

    Cross References: Department of public works, TMC 2.25.170.

13.20.210 Conditions of contracts.

The city may contract to furnish sewer service and sewage treatment service to any sewer district outside of the city limits and to maintain such system; provided, that:

(a) The installation of such outside system or sewer is made without cost to the city or any of its departments;

(b) The installation of all sewer mains, lateral sewers, sewer house lines and appurtenant equipment are made under the ordinances of the city and comply with all ordinances, resolutions, rules and regulations of the city and are subject to the inspection and approval of the same;

(c) If such contract provides for the city to collect billings for individual use, the city shall have the same rights of collection and control as it has within the city limits;

(d) The city approves the plans, specifications and contracts for the installation of additional sewers;

(e) No sewer house lines, lateral sewers or sewer main may be attached to the city sewage system except by the city or with its prior approval; and

(f) The city shall have complete charge of the physical operation and maintenance of the sewers covered by such contract after their construction and acceptance by the city. (Ord. 19496 § 42, 12-21-10; Ord. 16388 § 6.4, 11-5-91. Code 1995 § 146-255. Formerly 14.80.300.)

13.20.220 Annexation and funding of sewer service and extensions.

(a) It is the desire of the city of Topeka to conform to the community goals statement adopted as part of the 1986 Shawnee County wastewater management plan, as amended. Specifically the statements include:

(1) Direct new growth to developable areas served by existing public facilities.

(2) Use the community’s provision of public facilities as a method of guiding growth.

(3) Identify environmentally sensitive areas and guide development away from areas of greatest adverse environmental impact.

(4) Identify and strive to preserve prime agricultural land for production of food and fiber.

(5) Encourage residential development near existing essential services, facilities, and centers of employment.

(b) The Shawnee County wastewater management plan designates service areas into four categories. These include: urban, primary urban, secondary urban, and rural-agriculture. Urban areas are those which are currently within the city of Topeka limits. Primary urban are those areas which are anticipated to become urbanized by 2005. Secondary urban are those areas which are expected to become urbanized by 2025. Rural-agriculture areas include the remainder of Shawnee County. It is the city of Topeka’s intent to serve urban and primary urban service areas, and in some cases, to serve secondary urban service areas. In order to provide new services to expected growth areas, water pollution control will identify annual capital improvement expenditures as well as revenue from connection fees to facilitate the orderly expansion of the city of Topeka and its wastewater utility.

(c) Funding and annexation in the service areas will be subject to the following requirements:

(1) New or redeveloped parcels established by preliminary or final plat, lot split or otherwise after November 1, 2005, or parcels upon which a residential or commercial structure was located prior to November 1, 2005, and which structure has not previously been connected to the city sewer system that are adjacent to the existing city limits requiring sewer service shall require annexation prior to service being provided.

(2) New or redeveloped parcels established by preliminary or final plat, lot split or otherwise after November 1, 2005, or parcels upon which a residential or commercial structure was located prior to November 1, 2005, and which structure has not previously been connected to the city sewer system that are contained within the primary service area as defined in the Shawnee County wastewater management plan, as amended, and also contained in the current municipal service area as defined in TMC Title 18, Division 3, shall require annexation, except as provided in subsection (c)(6) of this section, prior to service being provided. A portion of the cost to design and construct the major interceptors necessary to serve these areas may be paid through the city of Topeka water pollution control fund if sufficient service extension funding is available and if the extension is consistent with the Topeka utilities extension growth policy maintained by the public works department.

(3) New or redeveloped parcels established by preliminary or final plat, lot split or otherwise after November 1, 2005, or parcels upon which a residential or commercial structure was located prior to November 1, 2005, and which structure has not previously been connected to the city sewer system that are contained within the current municipal service area as defined in TMC Title 18, Division 3, shall require annexation, except as provided in subsection (c)(6) of this section, prior to service being provided. A portion of the cost to design and construct the major interceptors necessary to serve these areas may be paid through the city of Topeka water pollution control fund if sufficient service extension funding is available and if the extension is consistent with the Topeka utilities extension growth policy maintained by the public works department.

(4) New or redeveloped parcels established by preliminary or final plat, lot split or otherwise after November 1, 2005, or parcels upon which a residential or commercial structure was located prior to November 1, 2005, and which structure has not previously been connected to the city sewer system that are contained within the primary service area as amended and not in the current municipal service area as defined in TMC Title 18, Division 3, shall require consent to annexation prior to service being provided. Major interceptors necessary to serve proposed development in this area shall conform to approved sizing and routing as determined by the city engineer. The total cost of extending city sewer service, including interceptors and service lines, shall be borne by the developer without any participation by the city of Topeka.

(5) New or redeveloped parcels established by preliminary or final plat, lot split or otherwise after November 1, 2005, or parcels upon which a residential or commercial structure was located prior to November 1, 2005, and which structure has not previously been connected to the city sewer system that are contained within the secondary urban service area as amended shall require consent to annexation prior to service being provided. Major interceptors necessary to serve proposed development in this area shall conform to approved sizing and routing as determined by the city engineer. The total cost of extending city sewer service, including interceptors and service lines, shall be borne by the developer without any participation by the city of Topeka.

(6) An owner of real property outside the city limits may be exempt from the annexation requirement set forth in subsection (c)(2) or (c)(3) of this section if the property owner consents to annexation of the real property to be served and at least one of the following conditions are satisfied:

(i) To eliminate an imminent threat to public health and safety as determined and/or ordered by the Kansas Department of Health and Environment or a similar regulatory agency, or a court of law.

(ii) To promote an economic development project as determined by the city council.

(iii) To avoid unnecessary hardship in situations not created by the actions of the applicant as determined by the city council.

(iv) The city is obligated to provide sanitary sewer service to the property owner by contract or other legally enforceable document.

(7) The city council shall be notified of the approval of a sewer connection requiring only a consent to annexation under the exceptions set forth in subsections (c)(6)(i) through (iv) of this section. (Ord. 19496 § 43, 12-21-10; Ord. 18548 § 1, 12-20-05; Ord. 18272 § 4, 6-22-04; Ord. 16388 § 6.5, 11-5-91. Code 1995 § 146-256. Formerly 14.80.310.)

    Cross References: City council – mayor, Chapter 2.15 TMC; department of public works, TMC 2.25.170; city engineer, TMC 2.25.180.

13.20.230 Agreement for annexation for future connections.

(a) Findings. The following findings pertaining to sewage collection facilities and services out of the city limits are hereby made and declared:

(1) The city has in the past contracted with the board of county commissioners to allow county sewer districts to connect to the city sewage collection system;

(2) The city is providing a municipal service to these county sewer districts without the collection of any tax money;

(3) Many residents of the county sewer districts earn their living in the city and use its municipal facilities; and

(4) The city does not have adequate control over the quality of construction of facilities constructed outside of the city limits.

(b) Policy. Based on the findings made and declared in subsection (a) of this section, it is hereby declared to be the policy of the city that connection to the city sewage collection system of any additional sewer house lines, lateral sewers, sewer mains or sewer districts located outside the city limits will be conditional upon either annexation or consent to annexation of the area to be served, as determined by the city of Topeka public works director after review by the planning director. (Ord. 19496 § 44, 12-21-10; Ord. 17910 § 1, 11-5-02; Ord. 16388 § 6.6, 11-5-91. Code 1995 § 146-257. Formerly 14.80.320.)

    Cross References: Department of public works, TMC 2.25.170; planning department, TMC 2.25.210.

Article III. Use Regulations

13.20.240 Combined sewers not to be approved.

No request or petitions for construction of combined sewers will be considered or approved by the public works department. (Ord. 19496 § 45, 12-21-10; Ord. 16388 § 7.0, 11-5-91. Code 1995 § 146-271. Formerly 14.80.330.)

    Cross References: Department of public works, TMC 2.25.170.

13.20.250 Unlawful use and/or maintenance of certain drains, discharges and mechanisms.

(a) Except as provided for in this article, it shall be unlawful for any person to connect any roof drains, area drains, foundation drains or stormwater inlets to a public sanitary sewer or to discharge roof drainage water, groundwater or stormwater into a public sanitary sewer, either directly or indirectly. For the purpose of this section, the term “sanitary sewer” shall include combination sewers which carry both sanitary sewage and stormwater or groundwater, as well as sewers which carry sanitary sewage only.

(b) Notwithstanding any provision to the contrary, it shall be unlawful for any person to maintain or install any mechanism, drain, floor, installation or system which, because of its improper construction, inadequacy or unsuitability, causes or contributes to the cause of or permits because of the location or design, any oil and grease in excess of the discharge limits contained in this chapter, or any flammable liquid to be discharged, drained or emptied into a public sewer of the city, either directly or indirectly. (Ord. 19496 § 46, 12-21-10; Ord. 16388 § 7.1, 11-5-91. Code 1995 § 146-272. Formerly 14.80.340.)

13.20.260 Prohibitions on storm drainage and groundwater.

(a) Disposal of stormwater, groundwater, street drainage, subsurface drainage, yard drainage, foundation drains on construction directly or indirectly to any sanitary sewer will not be allowed unless a permit is issued by the department of public works. The department may approve such discharge only when no reasonable construction is available or such water is determined to constitute a pollution hazard. Storm drainage and groundwater as described above shall be discharged into such storm sewers as are reasonably available and specially designed for such purpose or into a natural watercourse. No such waters shall be discharged or disposed of in any manner causing or tending to create a public nuisance upon any private premises in the city or upon any public street, alley or public grounds in the city.

(b) If the approval is granted for the discharge of such waters referred to in subsection (a) of this section into the sanitary sewers, the user shall measure such discharges and pay the applicable wastewater service charges and meet such other conditions that may be required by the department.

(c) The existing wastewater collection system shall not be used to drain water from the trench during construction of any new sanitary sewer. The connection between the new system being constructed and the existing system shall not be made until the new system has been inspected and approved. When portions of the system are approved and put into service prior to completion of the entire project, the incomplete lines shall be plugged to prevent water in the trench from entering the existing sewage collection system. (Ord. 19496 § 47, 12-21-10; Ord. 16388 § 7.2, 11-5-91. Code 1995 § 146-273. Formerly 14.80.350.)

    Cross References: Department of public works, TMC 2.25.170.

13.20.270 Prohibition on unpolluted water.

(a) Unpolluted water, including but not limited to noncirculated cooling water, process water or blow-down from cooling towers or evaporative coolers or any other unpolluted water, will not be permitted to be discharged through direct or indirect connection to a sanitary sewer without written approval of the department of public works. The department may approve the discharge of such water only when no reasonable alternative method of disposal is available.

(b) If approval is granted for the discharge of unpolluted water to a sanitary sewer, the user shall measure such discharge and pay the applicable wastewater service charges and fees and shall meet such other conditions as may be required by the department. (Ord. 19496 § 48, 12-21-10; Ord. 16388 § 7.3, 11-5-91. Code 1995 § 146-274. Formerly 14.80.360.)

    Cross References: Department of public works, TMC 2.25.170.

13.20.280 Unlawful waste discharges in sanitary sewer.

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

(b) A user may not contribute the following substances to the POTW:

(1) Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than five percent nor any single reading over 10 percent of the lower explosive limit (LEL) of the meter. Prohibited materials include but are not limited to gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, sulfides, and any pollutant which creates a fire hazard or explosion hazard in the POTW, including but not limited to waste streams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Celsius.

(2) 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 inch in any dimension, animal guts or tissue, paunch manure, bones, hair, hides or fleshings, entrails, whole bloods, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, gasoline, tar, asphalt, residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing waste.

(3) Any wastewater having a pH of less than 5.5, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment and/or personnel of the POTW.

(4) Any wastewater containing pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create an interference in the receiving waters of the POTW, or to exceed the limitation set forth in a categorical pretreatment standard. Such pollutants shall include but not be limited to any pollutant identified pursuant to Section 307(a) of the Act.

(5) Any pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems.

(6) Any substance which may cause the POTW’s effluent or any other product of the POTW such as residues, sludges or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act, any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substance Control Act, or state criteria applicable to the sludge management method currently being used by the city.

(7) Any substance which will cause the POTW to violate its NPDES and/or state discharge system permit or the receiving water quality standards.

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

(9) 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 40 degrees Celsius (104 degrees Fahrenheit).

(10) Any pollutants, including oxygen-demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause interference to the POTW. In no case shall a slug load have a flow rate or contain concentration or quantities of pollutants that exceed for any time period longer than 15 minutes more than five times the average 24-hour concentrations, quantities or flow during normal operation.

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

(12) Any wastewater which causes a hazard to human life or creates a nuisance.

(c) When the superintendent determines that a user is contributing to the POTW any of the above-enumerated substances in such amounts as to interfere with the operation of the POTW, the superintendent shall:

(1) Advise the user of the impact of the contribution on the POTW; and

(2) Develop effluent limitations for such user to correct the interference with the POTW. (Ord. 19496 § 49, 12-21-10; Ord. 16388 § 7.6, 11-5-91. Code 1995 § 146-277. Formerly 14.80.370.)

13.20.290 Federal categorical pretreatment standards.

Upon a new promulgation of the federal categorical pretreatment standards for a particular industrial subcategory, the federal standard, if more stringent than limitations and/or requirements imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter. The superintendent shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12. Conversely, any state or local limitations and/or requirements shall apply if the state or local limitation is more stringent than the federal limitations and/or requirements. (Ord. 19496 § 50, 12-21-10; Ord. 16388 § 7.7, 11-5-91. Code 1995 § 146-278. Formerly 14.80.380.)

13.20.300 Limitations – Wastewater strength.

(a) No person shall discharge wastewater containing in excess of 1.76 mg/l lead or 2.61 mg/l zinc.

(b) No person who conducts a silver associated process shall discharge wastewater containing in excess of 0.57 mg/l total silver. Persons who do not engage in silver associated processes are prohibited from discharging detectable amounts of silver until such time as a determination can be made of the silver associated process and/or an adjustment can be made to the silver limit so as to protect the POTW and/or receiving stream. Any adjustment of the silver limit shall be in conformity with 40 CFR 403.

(c) The limitations of subsection (a) of this section are subject to change if and when they become unacceptable to the division of water pollution control or to any public agency having regulatory jurisdiction over the division of water pollution control.

(d) No person shall discharge wastewater containing concentrations which will violate conditions found in this chapter or wastewaters which will violate the conditions established by the definitions of pass-through and interference. The division of water pollution control reserves the right to define numerical discharge permit limits as outlined in this chapter for any parameters as may be needed to protect the POTW system.

(e) No person shall discharge any wastewater:

(1) Having an average daily temperature higher than 140 degrees Fahrenheit or causing the temperature of the sewage in the city sewer to be raised more than 10 degrees Fahrenheit.

(2) Having a pH lower than 5.5 or higher than 10.8.

(3) Having any water or waste containing fats, wax, grease or oils excluding soy or vegetable oil, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit (zero and 65 degrees Celsius).

(4) Having any water or waste containing soy or vegetable oil emulsified or not in excess of 150 mg/l.

(5) Containing petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin in amounts that will cause interference or pass-through. (Ord. 19496 § 51, 12-21-10. Formerly 14.80.390.)

13.20.310 Limitations – Radioactive wastes.

No person shall discharge or cause to be discharged any radioactive waste into a sanitary sewer except:

(a) When the person is authorized to use radioactive materials by the state Department of Health and environment or other governmental agency empowered to regulate the use of radioactive materials;

(b) When the waste is discharged in strict conformity with current state radiation control regulations and recommendations for safe disposal; and

(c) Is in compliance with all rules and regulations of local regulatory agencies. (Ord. 19496 § 52, 12-21-10; Ord. 16388 § 7.9, 11-5-91. Code 1995 § 146-280. Formerly 14.80.400.)

13.20.320 Limitations – Use of garbage grinders.

Solid waste generated in the preparation of food may not be discharged to a sanitary sewer until it has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in the sanitary sewer. A produce market, meat market or other commercial establishment engaged in the wholesale or retail distribution of food products shall not dispose of their wastes by grinding and discharge into the city sewer where these wastes could be disposed of as a solid waste. Garbage grinders shall not be used for the disposal of plastic, paper products, rags, feathers or other inert materials. (Ord. 19496 § 53, 12-21-10; Ord. 16388 § 7.10, 11-5-91. Code 1995 § 146-281. Formerly 14.80.410.)

13.20.330 Limitations – Point of discharge.

No person shall discharge any substance directly into a manhole or other opening in a sanitary sewer other than through a building sewer approved by the department of public works. However, upon written application by the user and payment of the applicable wastewater service charges and fees, the department may grant permission for such direct discharges at approved locations. (Ord. 19496 § 54, 12-21-10; Ord. 16388 § 7.11, 11-5-91. Code 1995 § 146-282. Formerly 14.80.420.)

    Cross References: Department of public works, TMC 2.25.170.

13.20.340 Use of grease traps.

Repealed by Ord. 18711. (Ord. 19496 § 55, 12-21-10; Ord. 18272 § 5, 6-22-04; Ord. 16388 § 7.12, 11-5-91. Code 1995 § 146-283. Formerly 14.80.430.)

13.20.350 Certain connections to be sealed with blind plug until area adjacent to foundation backfilled and compacted.

Any connection of any kind below finished grade either directly or indirectly to any public sanitary sewer for any building under construction shall be sealed with a blind plug, using accepted sealing methods, and such seal shall not be broken or removed until the area adjacent to the foundation of such building is backfilled and compacted in a proper manner to a height at the foundation wall of 10 inches above the natural ground level at a distance of 10 feet from the foundation wall. (Ord. 19496 § 56, 12-21-10; Ord. 16388 § 7.13, 11-5-91. Code 1995 § 146-284. Formerly 14.80.440.)

13.20.360 Basement or excavation water, removal.

Any accumulation of water in an excavation or basement shall be removed by means other than draining to the sanitary sewer before the blind plug is removed. (Ord. 19496 § 57, 12-21-10; Ord. 16388 § 7.14, 11-5-91. Code 1995 § 146-285. Formerly 14.80.450.)

13.20.370 Dilution of discharges.

No user shall ever increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment in order to achieve compliance with the limitations contained in the federal categorical pretreatment standards or in any other pollutant-specific limitation developed by the city or state. (Ord. 19496 § 58, 12-21-10; Ord. 16388 § 7.15, 11-5-91. Code 1995 § 146-286. Formerly 14.80.460.)

13.20.380 Monitoring facilities.

(a) When required by the city, the owners of any property served by the sewage collection system shall install a suitable control manhole for sampling and measuring devices, if necessary, to facilitate observation, measurement and sampling of the wastewater. Such manhole shall be accessible, safely located and shall be constructed in accordance with the department’s requirements and all applicable local agency construction standards of quality. The cost of construction of the manhole and installation of the measuring and sampling accessories shall be at the expense of the owner.

(b) There shall be ample space in or near each sampling manhole to allow accurate collection in compositing of the wastewater samples for analysis. The measuring equipment and accessories shall be made available for use of department personnel on request at no expense to the city. When specialized equipment is required to collect the samples of wastewater from the manhole because of the peculiar characteristics of the individual manhole, the user shall make the equipment available to department personnel upon request at no expense to the city. There shall be no restrictions on the sharing of the sampling and measuring equipment in the sampling manholes of the different users nor upon the users’ right to contract with an independent firm to perform this service.

(c) If a water supply is used other than the city water supply, the city may require that such meters as are deemed necessary by the city be installed on such supplemental water supply. During the period of installation of additional equipment, manholes, etc., the city shall estimate as accurately as possible the volume and strength of the wastewater.

(d) The monitoring facility should normally be situated on the user’s premises, but when such a location would be impractical or cause undue hardship on the user, the water pollution control division may recommend to the director of public works that the user be allowed to construct the facility in the public right-of-way and locate it so it will not be obstructed by landscaping or parked vehicles. Construction shall be completed within a specified time following written notification by the department.

(e) It shall be unlawful for any person to cover up or bury any existing manhole cover with dirt, rock, surfacing, bituminous surfacing, concrete or other material or obscure the location so that the manhole cannot be found or is not accessible for sewer maintenance. Cost of regrading or rebuilding the manhole, including resurfacing of the adjacent street or alley, may be charged to the person responsible. (Ord. 19496 § 59, 12-21-10; Ord. 16388 § 7.16, 11-5-91. Code 1995 § 146-287. Formerly 14.80.470.)

    Cross References: Department of public works, TMC 2.25.170.

13.20.390 Pretreatment.

Users shall make wastewater acceptable under the standards established in this chapter before discharging to any sanitary sewer. Any facility required to pretreat wastewater to a level acceptable to the water pollution control division shall be provided and maintained at the user’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be made available to the division for inspection. The division will not review or approve plans and operating procedures.

It is the user’s sole responsibility to modify the facility as necessary to produce an effluent acceptable to the division under the provisions of this chapter or any regulations established by the division. Any subsequent changes in the facilities or methods of operation shall be reported to the division prior to changes in the facilities or methods of operation. (Ord. 19496 § 60, 12-21-10; Ord. 16388 § 7.17, 11-5-91. Code 1995 § 146-288. Formerly 14.80.480.)

13.20.400 Accidental discharges, slug loads or treatment bypass.

(a) Each discharger shall provide protection from accidental discharge and/or slug loads of prohibited materials or other wastes regulated by this chapter. Users shall submit oral notice to the water pollution control division within 24 hours from the time the user becomes aware of the accidental discharge, slug discharge or treatment bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain:

(1) A description of the accidental discharge, slug load or treatment bypass and its cause;

(2) The exact date and time of the accidental discharge, slug load or treatment bypass;

(3) The exact date and time of correction and volume of the accidental discharge, slug load or treatment bypass;

(4) If the accidental discharge, slug load or treatment bypass has not been corrected, the anticipated time it is expected to continue; and

(5) Steps taken or planned to reduce, eliminate and prevent reoccurrence of the accidental discharge, slug load or treatment bypass.

(b) The notification required by this section will not relieve users of liability for any expense, loss or damage to the sewer system, treatment plant or treatment process, or for any fines imposed on the water pollution control division on account thereof by any public, state or federal agency.

(c) The water pollution control division may issue various notices and information directed towards more effective water pollution control. Such notices and information shall be made available to employees of the user for their information and to solicit their cooperation. A notice shall be furnished and permanently posted on the user’s bulletin board advising employees whom to call in case of an accidental discharge in violation of this chapter.

(d) Any possible connection or entry point for a persistent or deleterious substance to be discharged to the user’s plumbing or drainage system shall be appropriately labeled to warn operating personnel against discharge of such substance in violation of this chapter.

(e) In any case where an industrial user knows in advance of the need to bypass and/or discharge a slug load, it shall submit prior notice to the superintendent at least 10 days before the date of bypass and/or discharge of a slug load. Such notice shall include information which identifies the time and date of the start and stop of the discharge, the estimated volume of the discharge, as well as any proposed primary treatment to be applied to the discharge.

(f) Upon the request of the superintendent, any industrial user may be required to submit to the division of water pollution control a slug control plan. The plan shall contain, at a minimum, the following elements:

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

(2) Description of stored chemicals; and

(3) Procedures for immediately notifying the water pollution control division of slug discharges, including any discharge that would violate a prohibition of this chapter, with procedures for follow-up written notification within five days. (Ord. 19496 § 61, 12-21-10. Formerly 14.80.490.)

Article IV. Wastewater Discharge Permit

13.20.410 Wastewater discharge permit.

All significant industrial users shall be required to obtain a wastewater discharge permit before connecting to or discharging into a sanitary sewer. (Ord. 19496 § 62, 12-21-10. Formerly 14.80.500.)

13.20.420 Optional permits.

(a) The superintendent of the water pollution control division may issue a wastewater discharge permit to any user in accordance with the terms of this article in the following categories:

(1) A user who requires an estimation of wastewater flow by the water pollution control division.

(2) Any person whose wastewater strength is less than the normal range of wastewater strength because of pretreatment, process changes or other reasons.

(3) Any user identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented, under the following divisions:

(i) Division A – Agriculture, Forestry and Fishing.

(ii) Division B – Mining.

(iii) Division D – Manufacturing.

(iv) Division E – Transportation, Communications, Electric, Gas, and Sanitary Services.

(v) Division I – Services.

(b) A user in the divisions listed in subsection (a) of this section may be excluded if it is determined that they will introduce only segregated domestic wastes or wastes from sanitary conveniences. (Ord. 19496 § 63, 12-21-10; Ord. 16388 § 8.1, 11-5-91. Code 1995 § 146-302. Formerly 14.80.510.)

13.20.430 Application.

Users seeking a wastewater discharge permit shall complete and file with the superintendent an application in the form prescribed by the superintendent and accompanied by the applicable fees. The applicant may be required to submit, in units and terms appropriate for evaluation, the following information:

(a) Name and address of applicant.

(b) Volume of wastewater to be discharged.

(c) Constituents and characteristics of strength of the wastewater, including but not limited to those contained in TMC 13.20.280 and 13.20.300 concerning unlawful waste discharge and limitations on wastewater strength.

(d) Time and duration of discharge.

(e) Average and 30-minute peak wastewater flow rates, including daily, monthly and seasonal variations if any.

(f) A plat showing location and size of building sewers, sampling points, pretreatment facilities, public sewer and other pertinent details.

(g) General description of activities, facilities and plant processes on the premises, including either the principal product and the quantity per day produced or the principal raw material and the quantity per day consumed.

(h) The standard industrial classification rating describing the applicant’s facilities.

(i) Number of employees and hours of work.

(j) Where known, the nature and concentration of any pollutants in the discharge which are limited by any city, state or federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis, and if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards.

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

(1) The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

(2) No increment referred to in subsection (k)(1) of this section shall exceed nine months.

(3) The user shall submit a progress report to the water pollution control division no later than 14 days following each date in a compliance schedule, and on the final date for compliance, the user shall submit a progress report to the superintendent including, as a minimum, whether or not the user complied with the increment of progress to be met on such date and, if not, the date on which the user expects to comply with the increment of progress, the reason(s) for the delay and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the superintendent.

(l) A certification statement by an authorized representative of the industrial user in accordance with 40 CFR 2403.12(l). (Ord. 19496 § 64, 12-21-10; Ord. 19370 § 99, 3-23-10. Code 1995 § 146-303. Formerly 14.80.520.)

13.20.440 Evaluation and acceptance.

The superintendent will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the superintendent shall issue a wastewater discharge permit subject to terms and conditions provided in this article; provided, that the permit applicant meets all the required criteria. (Ord. 19496 § 65, 12-21-10; Ord. 16388 § 8.3, 11-5-91. Code 1995 § 146-304. Formerly 14.80.530.)

13.20.450 Conditions.

(a) Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other regulations, rates and charges established by the department. Permits may contain the following:

(1) The unit charge or schedule of service charges and fees for the wastewater to be discharged to the sanitary sewer.

(2) The average and maximum strength, characteristics or constituents of the user’s wastewater discharge in accordance with general pretreatment standards, categorical pretreatment standards, local limits and state and local law.

(3) Limits on rate and time of discharge or requirements for flow regulation and equalization.

(4) Installation of inspection and sampling facilities including city access to such facilities.

(5) Pretreatment requirements.

(6) Specifications for monitoring programs which may include sampling locations, frequency and method of sampling, number, types and standards of tests and reporting schedule; methods of sampling and analysis are to comply with federal regulations contained within 40 CFR 136 of the Federal Register.

(7) Submission of technical reports or discharge reports.

(8) Maintaining plant records relating to wastewater discharge as specified by the department, and affording department access thereto.

(9) Other conditions as necessary to ensure compliance with this chapter and all other regulations established by the city, as a result of state or federal laws.

(10) When nonbiodegradable toxicants are proposed or present in the user’s wastewater discharge, discharge rates shall be specified in the permit. Pretreatment or control of nonbiodegradable toxicants to conform to the discharge rates as prescribed shall be achieved at or as near to the source of discharge as practicable.

(11) The inclusion of a compliance schedule for the purpose of obtaining the technology needed to achieve the required discharge status from the industrial user.

(12) Statement of applicable penalties in the event of noncompliance.

(b) The superintendent may change the conditions of a wastewater discharge permit from time to time as laws and regulations enacted by the state or federal government may require. Whenever the discharge from any user is causing excessive operation or maintenance problems in the sewage collection system or the wastewater treatment plant, the superintendent may change the conditions of that wastewater discharge permit to alleviate the problem. The superintendent may allow a user reasonable time to comply with any division required changes in the permit; provided, that such changes are not in conflict with changes required by the state or federal government. The time allowed for such compliance would be consistent with time limitations imposed upon the city by regulatory agencies.

(c) All industrial users shall promptly notify the division of water pollution control in advance of any substantial change. A substantial change shall consist of 10 percent in wastewater volume or character of pollutants in the discharge, including the listed characteristic hazardous wastes for which the industrial user has submitted notification in 40 CFR 403.12(p). A change in the wastewater strength shall immediately effect recalculation of the wastewater service charges and fees.

(d) The conditions in wastewater discharge permits shall be enforced by the superintendent in accordance with the provisions of this chapter and any regulations established by the division of water pollution control. Any discharger who exceeds the conditions of the permit will be subject to the enforcement provisions set forth in this chapter. (Ord. 19496 § 66, 12-21-10; Ord. 16388 § 8.4, 11-5-91. Code 1995 § 146-305. Formerly 14.80.540.)

    Cross References: Department of public works, TMC 2.25.170.

13.20.460 Permit modifications to comply with new pretreatment standards.

(a) Within 90 days of the promulgation of a national categorical pretreatment standard, the permit of a user subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by the outlined regulations for such standard. Where a user subject to a national categorical pretreatment standard has not previously submitted an application for a permit as required by this chapter, the user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater discharge permit shall submit to the division of water pollution control within 180 days after the promulgation of the applicable federal categorical pretreatment standard the information required by this chapter.

(b) A wastewater discharge permit shall be modified by the superintendent to include compliance schedules or to change limits, sampling locations, or any other conditions in the permit if in the opinion of the superintendent such changes are necessary for any reason in the operation of the POTW. (Ord. 19496 § 67, 12-21-10; Ord. 16388 § 8.5, 11-5-91. Code 1995 § 146-306. Formerly 14.80.550.)

13.20.470 Duration.

Permits issued under this article shall be for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 45 days prior to the expiration of the user’s existing permit. The terms and conditions of the permit may be subject to modification by the superintendent during the term of the permit as limitations or requirements are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. (Ord. 19496 § 68, 12-21-10. Formerly 14.80.560.)

13.20.480 Transfer.

Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the prior approval of the superintendent. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit. (Ord. 19496 § 69, 12-21-10; Ord. 16388 § 8.7, 11-5-91. Code 1995 § 146-308. Formerly 14.80.570.)

13.20.490 Duties of superintendent.

It shall be the duty of the superintendent of the water pollution control division or his designated representative to make such inspections and tests as deemed reasonably necessary to determine compliance with the provisions of this article, and the superintendent may cause the owner of any property connected to a public sanitary sewer receiving the discharge of industrial or commercial waste from any premises to install and maintain such devices and treatment facilities as may be necessary to prevent the discharge of all harmful wastes and substances as provided by this article. (Ord. 19496 § 70, 12-21-10; Ord. 16388 § 8.8, 11-5-91. Code 1995 § 146-309. Formerly 14.80.580.)

13.20.500 Inspection and sampling.

The water pollution control division may inspect the facilities of any user to ascertain compliance with all specified requirements. Persons or occupants of premises where wastewater is created or discharged shall allow the division or its representative ready access at all reasonable times to all parts of the premises for the purpose of inspection, sampling, records examination and record copying or in the performance of any of their duties. The city, state and EPA shall have the right to set up on the user’s property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the city, state or EPA will be permitted to enter without delay for the purposes of performing their specific responsibilities. (Ord. 19496 § 71, 12-21-10; Ord. 16388 § 8.9, 11-5-91. Code 1995 § 146-310. Formerly 14.80.590.)

13.20.510 Trade secrets.

(a) Information and data on a user, except that which is entitled to protection as a trade secret, obtained from reports, questionnaires, permit applications, permits, monitoring programs and inspections shall be available to the public without restriction. Trade secrets which must be divulged by the user for the effective implementation of this chapter may be submitted separately from any other information required under this chapter, and, if so submitted, shall be captioned by the user, “TRADE SECRET.” Trade secrets shall be maintained by the division in a locked and secure manner. It shall be the division’s responsibility to establish a system of limited access to trade secrets so as to eliminate the possibility of public disclosure.

(b) No person while an official or employee of the city, or thereafter, shall use to their own advantage, or reveal, other than to the authorized representatives of the United States government, the state, or other government, in their official capacity, or as ordered by a court in a judicial proceeding, any information acquired under the authority of this chapter concerning any matter which is entitled to protection as a trade secret. Wastewater constituents and characteristics will not be recognized as confidential or subject to the trade secret limitations. (Ord. 19496 § 72, 12-21-10; Ord. 16388 § 8.10, 11-5-91. Code 1995 § 146-311. Formerly 14.80.600.)

13.20.520 Reporting requirements.

(a) Baseline Monitoring Report. Within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision made upon a categorical determination, industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to a POTW shall be required to submit a report which contains the following information:

(1) Identifying information including the name and address of the facility with the name of the operators and owners.

(2) A list of environmental control permits held by the user.

(3) A brief description of the nature, average rate of production, and standard industrial classification carried out by the user.

(4) Flow measurements showing the measured average and maximum daily flow.

(5) Measurements of pollutants identifying the pretreatment standards applicable to each regulated process.

(6) Certification statement reviewed by an authorized representative of the industrial user as outlined in 40 CFR 403.12(l).

(7) Compliance schedule if additional pretreatment and/or operations and maintenance will be required to meet the pretreatment standards.

(8) Such report shall also contain a certification statement by an authorized representative.

(b) Ninety-Day Compliance Report. Within 90 days following the date of final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater to the POTW, any user subject to the pretreatment standards and requirements shall submit to the superintendent a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for the process units in the user’s facility which are limited by such pretreatment standards and requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis, and if not, what additional operations and maintenance and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall meet the signatory requirements of 40 CFR 403.12(l).

(c) Periodic Compliance Reports.

(1) Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge of waste to the POTW, shall submit to the superintendent reports as required by the permit. Such reports shall also contain a certification statement by an authorized representative. In no case will the report cover a period in excess of six months for categorical industries.

(2) Significant noncategorical industrial users shall submit to the water pollution control division at least once every six months a description of the nature, concentration and flow of the pollutants required to be reported in accordance to the wastewater treatment discharge permit issued. (Ord. 19496 § 73, 12-21-10; Ord. 16388 § 8.11, 11-5-91. Code 1995 § 146-312. Formerly 14.80.610.)

13.20.530 Notice of hazardous waste discharge.

The industrial user shall notify the division of water pollution control, the EPA Regional Waste Management Division Director and state hazardous waste authorities in writing of any discharge into the POTW of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the industrial user discharges more than 100 kilograms of such wastes per calendar month, the notification shall also contain the following information, to the extent such information is known and readily available to the industrial user:

(a) An identification of the hazardous constituents contained in the wastes, and estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month; and

(b) An estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. (Ord. 19496 § 74, 12-21-10; Ord. 16388 § 8.12, 11-5-91. Code 1995 § 146-313. Formerly 14.80.620.)

13.20.540 Significant noncompliance.

It shall be unlawful for any industrial user to be in significant noncompliance with the pretreatment requirements set forth in this article. An industrial user is in significant noncompliance if its violation meets one or more of the following criteria:

(a) Chronic Violations. Sixty-six 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 or “TRC” Violations. Thirty-three 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.

There are two groups of TRCs: BOD, TSS, fats, oil, and grease, where the TRC is 1.4; and group II for all other pollutants, where the TRC is 1.2.

(c) Any other violation of an effluent limit (average or daily maximum) that the city believes has caused, alone or in combination with other discharges, interference (e.g., slug loads) 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.

(e) Violations of compliance schedule milestones, contained in a local control mechanism or enforcement order, for starting construction, completing construction, and attaining final compliance by 90 days or more after the schedule date.

(f) Failure to provide reports for compliance schedules, self-monitoring data, or categorical standards (baseline monitoring reports, 90-day compliance reports, and periodic reports) within 30 days from the due date.

(g) Failure to accurately report noncompliance.

(h) Any other violation or group of violations that the superintendent considers to be significant. (Ord. 19496 § 75, 12-21-10.)

13.20.550 Recordkeeping.

Records shall be kept by the user for a period of at least five years. (Ord. 19496 § 76, 12-21-10; Ord. 16388 § 8.13, 11-5-91. Code 1995 § 146-314. Formerly 14.80.630.)

Article V. Septic Tank Truck Operators

    Cross References: Septic tank cleaners, TMC 5.145.010 et seq.; hauling of stable manure, offal, house refuse, night soil or dead animals on Kansas Avenue, TMC 9.05.050.

13.20.560 Liquid waste haulers, discharge permit required.

Any liquid waste hauler desiring to discharge liquid waste into wastewater disposal facilities of the city shall be required to obtain a liquid waste discharge permit from the WPC for each vehicle owned or operated by the liquid waste hauler prior to discharge. (Ord. 19496 § 77, 12-21-10; Ord. 17429 § 2, 11-16-99; Ord. 16388 § 10, 11-5-91. Code 1995 § 146-326. Formerly 14.80.640.)

13.20.570 Liquid waste discharge permit application, application fee.

(a) Applications for a liquid waste discharge permit shall be made to the WPC and shall contain the following information:

(1) Name and address, including business address of liquid waste hauler.

(2) Quantity, capacity, license plate number, and type of all vehicles operated by hauler, for the purpose of hauling liquid waste.

(3) Types of materials pumped by hauler including a waste characterization profile on each type of material.

(4) Proof of insurance in the following types and amounts:

(i) Bodily injury, nonvehicular: $300,000 each occurrence.

(ii) Property damage, nonvehicular: $100,000 each occurrence.

(iii) Automobile insurance: $100,000 single occurrence, $300,000 aggregate, $50,000 property damage.

(5) Any other information deemed necessary by the superintendent of the WPC in order to review the application.

(b) An application must be accompanied by the appropriate fee before it will be considered by the superintendent. Permit application fees are as follows:

(1) Payment of a $50.00 application fee (nonrefundable), for those haulers operating only within Shawnee County, shall accompany the application in addition to a $20.00 permit fee per vehicle.

(2) Payment of a $100.00 application fee (nonrefundable), for any hauler operating outside Shawnee County, shall accompany the application in addition to a $20.00 permit fee per vehicle.

(c) The superintendent may issue a permit if, after review of the application, the superintendent finds:

(1) The liquid waste is domestic generated waste or commercial/food waste with the exception of grease trap waste; and

(2) The liquid waste may be discharged into the WPC disposal facility without causing passthrough or interference; and

(3) The liquid waste meets all applicable federal, state, and city requirements. Any permit issued shall be valid for a period of one year following issuance. (Ord. 19496 § 78, 12-21-10; Ord. 17429 § 3, 11-16-99; Ord. 16388 § 10.1, 11-5-91. Code 1995 § 146-327. Formerly 14.80.650.)

13.20.580 Control authority.

Liquid waste haulers shall be subject to the conditions of a liquid waste hauler permit as set forth herein. Administration of liquid waste hauler ordinances shall be the responsibility of the water pollution control division (WPC), department of public works. (Ord. 19496 § 79, 12-21-10; Ord. 17429 § 1, 11-16-99. Code 1995 § 146-331. Formerly 14.80.660.)

    Cross References: Department of public works, TMC 2.25.170.

13.20.590 Permit, conditions, renewal.

Any liquid waste discharge permit may include conditions imposed by the superintendent of the WPC in order to assure compliance with federal pretreatment standards, applicable state regulations and city regulations. Conditions which may be imposed include, but are not limited to, the following:

(a) Liquid waste which violates any prohibited discharge standard of the general pretreatment regulations, 40 CFR 403.5(b) or any local limit is prohibited.

(b) Liquid waste which contains hazardous waste is prohibited.

(c) Liquid waste from commercial or industrial grease traps is prohibited.

Liquid waste discharge permits shall not be transferred, assigned or sold. Application for renewal of a discharge permit shall be made to the superintendent of the WPC 30 days prior to the expiration date contained on the permit. (Ord. 19496 § 80, 12-21-10; Ord. 17429 § 4, 11-16-99. Code 1995 § 146-332. Formerly 14.80.680.)

13.20.600 Liquid waste discharge location, fees, manifest.

The superintendent of the WPC shall designate the disposal facility to receive permitted liquid waste. Disposal of liquid waste at any location or site other than the designated disposal facility is prohibited. The superintendent also shall designate the hours of operation of the disposal facility and establish procedures by which the disposal facility may be used. Disposal of liquid waste at any other time than the designated hours of operation or in violation of the established procedures of usage is prohibited.

The disposal charge for liquid waste shall be calculated at a rate of $16.00/1,000 gallons through December 31, 2000. Effective January 1, 2001, the disposal charge will be calculated at a rate adjusted to the current documented waste strength. The disposal charge will be evaluated every two years thereafter and adjusted, if necessary, to reflect changes in the excess strength commercial rate charge, the current documented waste strength, and the WPC’s percent of expenses related to treatment of the liquid waste. Such charge will be billed by the WPC and payable on a monthly basis.

Each liquid waste load which is presented for discharge shall be accompanied by a load manifest on forms prepared by the WPC which contains the following information:

(a) Permit holder name, permit number and truck license number.

(b) Originating location of liquid waste.

(c) Volume of liquid waste pumped.

(d) Liquid waste characterization (i.e., industrial/domestic waste).

(e) Signature and telephone number of a legal representative of the waste generator certifying to the above information.

(f) Signature of liquid waste hauler certifying the above information to be true and accurate.

A manifest shall be prepared for each location where the hauler receives liquid waste. Failure to present the manifest to the WPC at the time of discharge shall be cause to deny access to the designated disposal facility. Manifest records shall be maintained by the hauler for a period of three years. (Ord. 19496 § 81, 12-21-10; Ord. 17429 § 5, 11-16-99. Code 1995 § 146-333. Formerly 14.80.690.)

13.20.610 Discharge of contents from holding tanks.

The contents from holding tanks of domestic waste only shall be allowed with the approval of the superintendent or designee, at a rate of $15.00 per 1,000 gallons discharged. Holding tank waste shall be accompanied by a manifest which has been signed by the generator. There shall be no mixing of holding tank wastewater with waste of any other type. A “holding tank” is defined as a nondischarging, storage structure for sanitary wastewater of domestic origin with no connection to a lateral field or any other type of discharge point from the storage tank. (Ord. 19496 § 82, 12-21-10; Ord. 17429 § 6, 11-16-99. Code 1995 § 146-334. Formerly 14.80.700.)

13.20.620 Change in liquid waste profile.

A permitted waste hauler shall notify the superintendent of the WPC at least seven days prior to any planned significant change in waste profile. In the event a liquid waste hauler desires to discharge industrial liquid waste then the hauler shall contact the WPC for a separate permit and rate schedule. Any industrial waste shall meet categorical pretreatment standards, if applicable. (Ord. 19496 § 83, 12-21-10; Ord. 17429 § 10, 11-16-99. Code 1995 § 146-335. Formerly 14.80.710.)

13.20.630 Rights of refusal.

Notwithstanding any provision to the contrary, the superintendent of the WPC or designee of the superintendent may refuse any liquid waste load. Further, the superintendent may order the testing of the waste load by the hauler prior to disposal. Designated staff of the WPC may also conduct sampling of any liquid waste to confirm compliance with the permit. (Ord. 19496 § 84, 12-21-10; Ord. 17429 § 11, 11-16-99. Code 1995 § 146-336. Formerly 14.80.720.)

13.20.640 Enforcement.

Any liquid waste hauler permit may be revoked by the superintendent of the WPC upon the occurrence of any of the following:

(a) Failure to pay disposal charges for a period of 60 days.

(b) Failure to provide or maintain manifest records.

(c) Submission of inaccurate or false information concerning waste characterization.

(d) Attempted disposal or disposal of hazardous waste.

(e) Disposal of waste into the city’s system at any site other than the designated site. (Ord. 19496 § 85, 12-21-10; Ord. 17429 § 12, 11-16-99. Code 1995 § 146-337. Formerly 14.80.730.)

13.20.650 Liquid waste hauler – Regulatory penalty.

If any public state or federal agency imposes or threatens to impose any penalty upon the WPC, the superintendent will immediately notify the person(s) or agency reasonably believed to be causing the WPC to be in violation by virtue of their discharge to the city sewer. If a penalty is subsequently assessed against the WPC, the person(s) or agency causing the WPC to be in violation shall be held liable for the penalty. All fines imposed as a result of a violation of this chapter shall be paid by the person(s) or agency causing the violation to the city and credited to the WPC. (Ord. 19496 § 86, 12-21-10; Ord. 17429 § 13, 11-16-99. Code 1995 § 146-338. Formerly 14.80.740.)

13.20.660 Liquid waste hauler – Damage to facilities.

When it has been determined that a discharge of waste causes an obstruction, damage, or any other impairment to the wastewater disposal facilities, the WPC may assess a charge for the work required to clean or repair the facility against the liquid waste hauler responsible for the discharge.

The repairs may be made by a private contractor or by personnel of the WPC at the option of the superintendent of the WPC. Where applicable, the WPC may add such charge to the liquid waste hauler’s wastewater service charges. (Ord. 19496 § 87, 12-21-10; Ord. 17429 § 14, 11-16-99. Code 1995 § 146-339. Formerly 14.80.750.)

13.20.670 Liquid waste hauler – Criminal.

Any person found to discharge at the WPC disposal facility any waste not compatible with this article shall be in violation of this article and guilty of a misdemeanor. (Ord. 19496 § 88, 12-21-10; Ord. 17429 § 15, 11-16-99. Code 1995 § 146-340. Formerly 14.80.760.)

Article VI. Sewage Connection and Disposal Charges

13.20.680 Connection fees and monthly rates/charges established.

(a) Rates and charges for customers inside/outside the city operating under the terms of this article for sewer maintenance, sewage transportation, and sewage treatment shall be as now or hereafter established by ordinance of the city and such rates shall be sufficient to pay costs and expenses of the following three general classifications:

(1) Sewage disposal and treatment; and

(2) Sewage transportation; and

(3) Sewer operation and maintenance.

All such rates shall be reviewed at least every five years or more frequently at the discretion of the city, except rates for sewage disposal and treatment, which rates shall be reviewed, altered, or amended as other rates within the city limits.

(b) At the discretion of the city manager or city council, the connection fees listed in this section may be waived for economic development projects which, due to their unusual nature or magnitude, offer extraordinary benefits to the community. The city manager may waive up to 25 percent of the fees. City council approval shall be required for approval for any waiver in excess of 25 percent.

(c) The public works director shall determine the system connection fee for each consumer making application for a new service connection. The system connection fee shall be paid prior to connection as part of the application process. Such system connection fees shall be based on the system’s value, total capacity, and associated water meter size. Applications for sewer connections for which there is no associated water service application shall have a sewer connection fee which is calculated on the basis of projected flows from other sources approximating the water service size. System connection fees are in addition to other rates, charges, deposits, or fees established by law. The system connection fees for all classifications and meter sizes shall be paid prior to connection. These fees shall include all materials and labor by city personnel.

The system connection fees for meters larger than eight inches shall be determined by the public works director based on projected flows.

(d) The following are established as the monthly sewer rates and charges to be paid to the city for discharging wastewater into the sanitary sewer system for bills rendered on or after May 1, 2008:

(1) Residential and Multifamily Residences.

(i) City Water System Supply. The rate shall be based on a calculated average water volume determined in accordance with TMC 13.10.490 and 13.10.510 for water used in the months of December, January, and February. The average water volume determined by this method shall be referred to as the three-month winter average. The three-month winter average water volume shall be recalculated each year following the three-month winter period and shall be in effect for the following 12-month period. For a customer who has not established an average, the charge shall be the average of the residential three-month winter average for the applicable meter reading route.

(ii) Well Water Supply. For customers whose potable water supply is through means of a well, the charge shall be the average of the residential three-month winter average for the applicable meter reading route. Alternatively, the owner or other interested party, at his or her own expense, shall install and maintain a water meter satisfactory to the public works director. If a meter is installed at the property, sewer rates and charges shall be calculated based on the three-month winter average consumption as measured at the meter. Access to such meter shall be given to the public works director for the purpose of reading, inspecting, testing or repair of such meter at any measurable time.

(2) Commercial and Industrial. The volume shall be based on the lesser of water volumes determined in accordance with TMC 13.10.490 or actual metered sewer discharges. Credit shall be given for those metered flows which do not enter the sewer collection system. Those customers who discharge wastewater with a biological oxygen demand in excess of 300 milligrams per liter and/or suspended solids in excess of 300 milligrams per liter will be assessed the excess strength charge in accordance with the schedule of rates and charges in this subsection.

(3) Schedule of Rates and Charges.

	May 1, 2008	Jan. 1, 2009	Jan. 1, 2010	Jan. 1, 2011
(i) Inside city (per 1,000 gallons):
Domestic strength wastewater:
First 1,500 gallons (minimum)	$14.85	$14.85	$14.85	$14.85
Over 1,500 gallons, per Mgal	$3.43	$3.57	$3.71	$3.86
Excess strength charges (a):
BOD, per mg/l per Mgal	$0.001921	$0.001998	$0.002078	$0.002161
Suspended solids, per mg/l per Mgal	$0.001219	$0.001268	$0.001318	$0.001371
(ii) Outside city:
Domestic strength wastewater:
First 1,500 gallons (minimum)	$26.00	$26.00	$26.00	$26.00
Over 1,500 gallons, per Mgal	$6.00	$6.25	$6.50	$6.75
Excess strength charges (a):
BOD, per mg/l per Mgal	$0.003362	$0.003497	$0.003637	$0.003782
Suspended solids, per mg/l per Mgal	$0.002133	$0.002219	$0.002307	$0.002399

(4) Adjustment of Bills. The monthly rate and charge on a bill may be adjusted administratively by the water pollution control division to the actual or estimated volume or strength, provided a significant change from normal conditions of discharge of waste or strength during the billing period can be demonstrated. In no event shall an adjusted monthly charge be less than the minimum rate as established in this section.

(5) Implementation. Rates and charges shall become effective with bills rendered on or after the effective dates shown in the schedule of rates and charges. (Ord. 19496 § 89, 12-21-10; Ord. 19325 § 1, 10-20-09. Code 1995 § 146-341. Formerly 14.80.770.)

    Cross References: City council – mayor, Chapter 2.15 TMC; department of public works, TMC 2.25.170.

13.20.690 Calculation of charges and classification of users.

All industrial users shall be classified by assigning each one to a standard classification category according to the principal activity conducted on the premises. The purpose of such classification is to facilitate the regulation of wastewater discharges based on quality, quantity, and rate of flow to provide an effective means of source control, and to establish a system of wastewater service charges and fees which will ensure an equitable recovery of the city’s cost. The elements of quality may include but are not limited to the following: suspended solids, BOD, COD, oil and grease, and chlorine demand. (Ord. 19496 § 90, 12-21-10; Ord. 18272 § 8, 6-22-04; Code 1981 § 44-296. Code 1995 § 146-342. Formerly 14.80.780.)

13.20.700 Standard classification charges.

(a) For the purpose of calculating wastewater service charges, the minimum standard classification charge shall be based upon the average strength of domestic wastewater, and for this purpose the average strength of domestic wastewater is hereby defined as containing not more than the following:

Three hundred mg/l suspended solids (SS);

Four hundred mg/l chemical oxygen demand (COD);

Three hundred mg/l biochemical oxygen demand (BOD);

Fifty mg/l oil and grease (O&G) (animal or vegetable origin);

Ten mg/l phosphorous (P);

Thirty mg/l Kjeldahl nitrogen;

Seven hundred mg/l total solids (TS);

Additional elements of wastewater strength as may be deemed necessary by the director.

(b) Any person desiring to discharge wastewater to the city sewage collection system having a concentration greater than 300 mg/l suspended solids or 300 mg/l biochemical oxygen demand shall receive written permission from the director before allowing such discharge. (Ord. 19496 § 91, 12-21-10; Ord. 18272 § 9, 6-22-04. Code 1995 § 146-343. Formerly 14.80.790.)

13.20.710 Treatment of liquid waste – Setting of rate.

The superintendent shall have the authority to accept liquid waste for treatment at the plant and to establish the rate for treatment of any class of liquid waste. The superintendent shall take certain factors into consideration in setting the rates for treatment of liquid waste including, but not limited to, surcharge rate, documented waste strength, special treatment requirements, special handling and administrative costs. Nothing contained herein shall limit the superintendent’s ability to refuse to accept any liquid waste for treatment. (Ord. 19496 § 92, 12-21-10; Ord. 19248 § 2, 4-28-09. Code 1995 § 146-343.5. Formerly 14.80.795.)

13.20.720 Special treatment conditions.

Any stronger sewage or sewage objectionable because of interference with the normal biological treatment processes of the plant is subject to acceptance by the superintendent upon terms worked out between the city and the proposed customer seeking an outlet for strong sewage wastes. (Ord. 19496 § 93, 12-21-10; Ord. 19248 § 3, 4-28-09. Code 1995 § 146-344. Formerly 14.80.800.)

13.20.730 Special metering conditions.

(a) Whenever, due to unusual conditions, the amount of water consumed and the amount of wastewater generated are significantly different, the owners of any property served by the wastewater collection system may make application to the water pollution control division to have their wastewater service charge calculated on the basis of wastewater generated in lieu of the volume of water consumed. This amount must be determined by one of the following methods:

(1) Actual measurement of the wastewater discharged to the city sewer.

(2) Measurement by a water meter of the water consumed that is discharged to the sanitary sewer.

(3) Measurement by water meter of the water consumed that is not ultimately discharged to the sanitary sewer. The wastewater service charge shall then be based on the difference between the total water consumed and the amount not discharged to the sanitary sewer.

(b) Water that is used in a single-pass air conditioning cooling tower (no recirculation of cooling water) may be discharged to the storm sewer system. All water used in this method and disposed of in the storm sewer may be deducted from the water consumed to obtain a volume on which to charge wastewater service charges.

(c) Water that is used in a recirculating type air conditioning cooling tower may be deducted from the water consumed; provided, that the amount of blow-down discharged to the sanitary sewer is measured or reasonably estimated and is not deducted from the water consumption, to determine the wastewater service charge.

(d) All costs associated with the installation and maintenance of metering facilities shall be the responsibility of the customer desiring the adjustment. Responsibility for obtaining and reporting monthly or bimonthly meter readings, on a form supplied by the water pollution control division, will be the responsibility of the customer. Failure to report meter readings will be justification for eliminating the credit for water consumed but not discharged to the sanitary sewer.

(e) The water pollution control division will make an annual inspection of each metering facility to determine its suitability and the correctness of the meter reading.

(f) Contracts that were in effect at the time this section became effective will be allowed to expire. Exemption for water consumed but not discharged to the sanitary sewer, after the expiration date of the contract, will not be allowed except as measured in accordance with subsection (a) of this section. (Ord. 19496 § 94, 12-21-10; Code 1981 § 44-299.1. Code 1995 § 146-345. Formerly 14.80.810.)

13.20.740 Rendering of bills.

The customer services office of the public works department shall render bills monthly to all persons whose premises are connected to the sanitary sewer system of the city. The customer service office shall not assume responsibility for speedy and safe delivery or the failure to receive such bills. A duplicate may be obtained by calling in person at the customer service office or by telephoning the office requesting a duplicate bill. (Ord. 19496 § 95, 12-21-10; Code 1981 § 44-300. Code 1995 § 146-346. Formerly 14.80.820.)

    Cross References: Department of public works, TMC 2.25.170.

13.20.750 Effective date for charges.

(a) The sewage service charge fixed by this article shall become effective with the first billing date for city water services. The following time schedule within a billing period shall determine the proportional part of the monthly or bimonthly rate that shall apply:

Length of service	Monthly percent	Bimonthly percent
0 – 7 days	0	0
8 – 15 days	50	25
16 – 30 days	100	50
31 – 45 days	–	75
46 – 60 days	–	100

(b) All persons whose premises are connected to the sanitary sewer during the time they receive water service shall pay a sewer service charge in accordance with the above schedule. (Ord. 19496 § 96, 12-21-10; Code 1981 § 44-301. Code 1995 § 146-347. Formerly 14.80.830.)

13.20.760 Payment required – No discrimination.

No person shall be allowed the use of the sanitary sewers of the city without the payment of the sewage service charge, nor shall there be any discrimination among users of like classes as to rates. (Ord. 19496 § 97, 12-21-10; Code 1981 § 44-302. Code 1995 § 146-348. Formerly 14.80.840.)

13.20.770 Sewage disposal system fund.

(a) All amounts billed and collected for sewage service charged by the department of finance and revenue shall be segregated in a separate account designated as the sewage disposal system fund. This fund shall be used only for the purpose of paying the costs of the operation, maintenance and administration of the sewage treatment system of the city, for providing an adequate depreciation fund, and for paying the principal and interest of the revenue bonds issued and principal and interest of general obligation bonds now outstanding, which have heretofore been issued against the sewage treatment plant, as and when the principal and interest become due and payable according to the terms and conditions of the outstanding bonds.

(b) If there shall be any balance remaining in the fund after payment of the items provided in this section, then the balance may be used to pay the cost of extending and improving the sewage treatment system; provided, that there has been set aside therefrom an amount sufficient to pay one year’s principal and interest on the revenue bonds issued under this chapter in addition to the current year’s principal and interest. (Ord. 19496 § 98, 12-21-10; Code 1981 § 44-303. Code 1995 § 146-349. Formerly 14.80.850.)

13.20.780 Certification of names of water users without sewage connection.

The superintendent of water pollution control shall certify to the director of public works, at least 30 days prior to the effective date of the sewage service charges fixed by this article, the names of all water users who do not have connections with sanitary sewers, and shall certify monthly thereafter the names of all persons who become users, whose premises are connected with a sanitary sewer system. (Ord. 19496 § 99, 12-21-10; Code 1981 § 44-304. Code 1995 § 146-350. Formerly 14.80.860.)

    Cross References: Department of public works, TMC 2.25.170.

13.20.790 Failure to pay bill.

If a sanitary sewer account becomes delinquent, water service may be discontinued and shut off pursuant to K.S.A. 12-860, as may be amended. (Ord. 19496 § 100, 12-21-10; Ord. 19370 § 100, 3-23-10. Code 1995 § 146-351. Formerly 14.80.870.)

13.20.800 Charges for restoring service.

If water service shall be discontinued under authority of this article, the water service shall not be restored until all bills have been paid and a delinquent service fee, as provided for in TMC 13.10.560, has been paid by the person whose water service has been turned off. Such delinquent service fee is to be retained by the water division; provided, that the water pollution control division shall be responsible for remitting the appropriate fee to the water department if not collected from the person. (Ord. 19496 § 101, 12-21-10; Ord. 19370 § 101, 3-23-10. Code 1995 § 146-352. Formerly 14.80.880.)

13.20.810 Overpayment or underpayment.

(a) Whenever it is determined that a person has made an overpayment of a wastewater service charge, the city shall, at the city’s option, make restitution or provide a credit to the customer; provided, that the city’s liability for restitution or credit shall not extend more than two years immediately preceding the discovery of the overpayment.

(b) Whenever it is determined that a person is receiving or has received wastewater services from the city without the city’s knowledge or without assessment by the city, or has been assessed less than the authorized amount, the city shall assess the customer a wastewater service charge in accordance with the authorized schedule of rates; provided, that the city shall be entitled to collect the charges for services received within the two years immediately preceding the discovery of the sewer connection, the lack of billing, or the improper billing. (Ord. 19496 § 102, 12-21-10; Code 1981 § 44-307. Code 1995 § 146-353. Formerly 14.80.890.)

Article VII. Grease Generators

13.20.820 Use of grease traps/interceptors.

Grease traps/interceptors shall be installed in accordance with the requirements of Chapter 14.35 TMC to ensure compliance with the effluent limitations contained in this chapter. Each grease generator shall be responsible for servicing and routine cleaning of the grease trap and/or grease interceptor to maintain it in satisfactory operating condition. Each grease generator shall ensure that grease traps and grease interceptors are cleaned as often as necessary to ensure that sediment and floating materials do not accumulate to impair the efficiency of the grease trap and/or grease interceptor; to ensure the discharge is in compliance with local discharge limits; and that no visible grease is observed in discharge. Each grease generator shall also be responsible for removing the cover of the grease trap for inspection at the request of any representative of the public works department. Any existing grease generator not currently using a grease trap and/or grease interceptor shall be required to install such if future data (laboratory data and/or preventive maintenance data) show a need for waste pretreatment requirements regulated by the water pollution control division. (Ord. 19496 § 103, 12-21-10; Ord. 18711 § 3, 9-12-06. Code 1995 § 146-354. Formerly 14.80.900.)

    Cross References: Department of public works, TMC 2.25.170.

13.20.830 Quarterly reporting.

Each grease generator shall submit a quarterly grease report on such forms provided by the city to the superintendent. The quarterly grease report shall be submitted on or before the last calendar day of March, June, September, and December in each year.

Each quarterly grease report shall provide the following information, including, but not limited to, a record of the dates the grease trap and/or grease interceptor was cleaned, the name and contact information for the grease hauler, if applicable, and grease generator contact information. Failure to submit a quarterly grease report or failure to submit a complete report within 30 days of the due date may result in the issuance of a notice of violation and enforcement under Article II of this chapter. (Ord. 19496 § 104, 12-21-10; Ord. 18711 § 4, 9-12-06. Code 1995 § 146-355. Formerly 14.80.910.)

    Cross References: Department of public works, TMC 2.25.170.

13.20.840 Record keeping.

Each grease generator shall maintain a grease trap/interceptor maintenance log on such forms provided by the division that shall indicate all dates of trap/interceptor cleaning, disposal method, quantity removed, and the name of the grease hauler that pumped the interceptor or the individual who cleaned the trap. The grease trap/interceptor maintenance log shall indicate the cleaning dates for at least the previous 12 months and shall be available for inspection and review by the superintendent. Failure to maintain a maintenance log shall result in the issuance of a notice of violation and enforcement in accordance with this chapter. (Ord. 19496 § 105, 12-21-10; Ord. 18711 § 5, 9-12-06. Code 1995 § 146-356. Formerly 14.80.920.)

    Cross References: Department of public works, TMC 2.25.170.

13.20.850 Additives.

The introduction of any solvent-based products (i.e., fuel, gasoline or any other hydrocarbons) or enzymatic agents is prohibited in the collection system. All other chemicals, emulsifiers, live bacteria, or other grease cutters or additives shall be approved by the superintendent prior to use. Based upon the information received and any other information solicited from the potential user or supplier, the superintendent shall permit or deny the use of the additive in writing. Permission to use any specific additive may be withdrawn by the city at any time. Any violation of this section may result in the issuance of a notice of violation and enforcement in accordance with this chapter. (Ord. 19496 § 106, 12-21-10; Ord. 18711 § 6, 9-12-06. Code 1995 § 146-357. Formerly 14.80.930.)

    Cross References: Department of public works, TMC 2.25.170.

Article VIII. Grease Hauler

13.20.860 License required.

It shall be unlawful for any person, firm, or business to engage in the business of cleaning or servicing a grease trap and/or a grease interceptor of a grease generator without first having obtained from the division a license therefor. (Ord. 19496 § 107, 12-21-10; Ord. 18711 § 7, 9-12-06. Code 1995 § 146-358. Formerly 14.80.940.)

    Cross References: Department of public works, TMC 2.25.170.

13.20.870 Application.

Applications for a grease hauler license shall be submitted to the division and shall contain the following information:

(a) Payment of the license fee.

(b) Achievement of a minimum passing graded score of 70 percent on the grease haulers examination administered by the division.

(c) Submitting complete application forms supplied by the division.

(d) Submitting a satisfactory public liability insurance policy covering all operations of such applicant or licensee in such business in the city in the sum of at least $100,000 for each person injured and containing a limitation of liability of not less than $300,000 in case of injury of two or more persons in any one accident and in the sum of not less than $50,000 for damage to property. Should any policy be cancelled, the city shall be notified of such cancellation at least 30 days prior to such cancellation becoming effective, and provisions to that effect placing upon the company writing such policy the duty to give such notice shall be incorporated in such policy.

(e) Failure to submit a complete application including certificate of insurance and a passing test score and payment of the license fee will be grounds for denial of a license. Submission of an application with false information shall be grounds for suspension of a license. (Ord. 19496 § 108, 12-21-10; Ord. 18711 § 8, 9-12-06. Code 1995 § 146-359. Formerly 14.80.950.)

    Cross References: Department of public works, TMC 2.25.170.

13.20.880 License term.

City-issued grease hauler licenses shall be valid for three years from the date of issuance. (Ord. 19496 § 109, 12-21-10; Ord. 18711 § 9, 9-12-06. Code 1995 § 146-360. Formerly 14.80.960.)

13.20.890 License fee.

The license fee for a grease hauler shall be $300.00 for the license term. Additionally, each grease hauler shall pay for each license term a fee of $20.00 for each vehicle used to haul grease. (Ord. 19496 § 110, 12-21-10; Ord. 18711 § 10, 9-12-06. Code 1995 § 146-361. Formerly 14.80.970.)

13.20.900 Grease hauler license renewal.

A license may be renewed by submitting to the division a renewal form together with the renewal fee at least 30 days prior to the expiration date of the current license. (Ord. 19496 § 111, 12-21-10; Ord. 18711 § 11, 9-12-06. Code 1995 § 146-362. Formerly 14.80.980.)

    Cross References: Department of public works, TMC 2.25.170.

13.20.910 Grease waste inspection.

Grease wastes pumped from any grease generator shall be subject to inspection, sampling, and analysis to determine compliance with all applicable provisions of these rules and regulations of the superintendent who shall perform or supervise such inspection, sampling, and analysis at any time during the commission of any servicing of any grease trap or interceptor. (Ord. 19496 § 112, 12-21-10; Ord. 18711 § 12, 9-12-06. Code 1995 § 146-363. Formerly 14.80.990.)

    Cross References: Department of public works, TMC 2.25.170.

13.20.920 Record keeping.

Grease haulers who service, pump, or provide any related services to grease interceptors shall submit grease interceptor service inspection reports on forms provided by the division. An inspection record shall be made for each grease interceptor serviced during the reporting period. (Ord. 19496 § 113, 12-21-10; Ord. 18711 § 13, 9-12-06. Code 1995 § 146-364. Formerly 14.80.1000.)

    Cross References: Department of public works, TMC 2.25.170.

13.20.930 Late fees.

Grease interceptor inspection reports shall be deemed late, and subject to the enforcement provisions of this article, if they are received by the division more than 14 days after the end of each reporting period. (Ord. 19496 § 114, 12-21-10; Ord. 18711 § 14, 9-12-06. Code 1995 § 146-365. Formerly 14.80.1010.)

    Cross References: Department of public works, TMC 2.25.170.

13.20.940 Suspension or revocation of license.

Failure of any grease hauler to comply with the requirements of this chapter shall be subject to the following enforcement procedures:

(a) Notice of Violation. A notice of violation will be issued to any grease hauler that is found to be in noncompliance with the requirements of this chapter. The notice shall state the violation and shall give the grease hauler 10 business days to remedy or otherwise correct the violation. The grease hauler shall have 10 calendar days from the receipt of notice by the grease hauler to correct or otherwise remedy the violation.

(b) Grounds for Notice of Violation. A grease hauler may be issued a notice of violation for any one of the following grounds:

(1) Falsification of any information submitted as part of the application for the LGH.

(2) Failure to comply with any requirements or regulations concerning grease traps/interceptors as provided for in this chapter.

(3) Failure to pay required fees, or any other assessed fees.

(4) Failure to comply with any other license condition.

(5) Discharging any liquid waste into a nonauthorized location.

(6) Falsifying information required for a discharge manifest, or any other applicable forms, applications or reports required under this chapter.

(7) Disposal of waste into the municipal sewer system at any site other than the designated disposal site.

(8) Any other violation which constitutes an imminent or substantial damage to the health or welfare of persons or the environment.

(c) License Suspension/Revocation.

(1) In the event that a grease hauler shall fail to remedy a violation within the time frame set forth in the notice, the license shall be suspended as follows:

(i) Upon the first failure to remedy a violation, the grease hauler license will be suspended by the division until such time as the violation has been remedied.

(ii) Upon the second failure to remedy a violation, the grease hauler’s license shall be suspended for a period of three months.

(iii) Upon the third failure to remedy a violation, the grease hauler’s license shall be suspended for a period of one year. The license suspension shall only be lifted after expiration of the one-year period and the grease hauler has applied for a new grease hauler license meeting all requirements of TMC 13.20.870.

(2) During any period of any license suspension, a grease hauler may not engage in any grease hauling activities.

(3) Upon receipt of a notice of suspension issued by the division, the grease hauler shall have 10 days to file a written notice of appeal of the license suspension with the superintendent. An administrative hearing shall be set within 10 days of the receipt of the appeal. The suspension of the license shall be stayed until the hearing before the city’s administrative hearing officer. (Ord. 19496 § 115, 12-21-10; Ord. 18711 § 15, 9-12-06. Code 1995 § 146-366. Formerly 14.80.1020.)

    Cross References: Department of public works, TMC 2.25.170.

13.20.950 Prohibited acts.

(a) In addition to any other enforcement provisions contained in this chapter, it shall be unlawful for any person to do the following:

(1) Violate any term or condition of the grease hauler license.

(2) Failure to follow any filing, reporting, inspection or monitoring requirement required by federal, state, or city law or regulation.

(3) Failure to comply with any lawful order or requirement made by the superintendent.

(4) Failure to maintain accurate grease interceptor service reports.

(5) Disposal of waste at any site other than the designated disposal site.

(b) Any person violating this section may be punished by:

(1) A fine of not more than $499.00;

(2) Imprisonment in jail for not more than 179 days; or

(3) Both such fine and imprisonment, not to exceed the limits set out in subsections (b)(1) and (b)(2) of this section. (Ord. 19496 § 116, 12-21-10; Ord. 18711 § 16, 9-12-06. Code 1995 § 146-367. Formerly 14.80.1030.)