Chapter 2A

It is necessary for the health, safety and welfare of the residents of the City to regulate the collection of wastewater and treatment thereof to provide for maximum public benefit. The provisions of this Chapter set forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system and enable the City to comply with all applicable local, state and federal laws. The purposes of this Chapter are:

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

(2) To prevent the introduction into the wastewater system of pollutants which will pass through the system;

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

(4) To provide for equitable distribution among users of the cost of the wastewater system; and

(5) To provide for and promote the general health, safety and welfare of the residents of the City.

(1979 Code 4-2A-101; adopted by Ordinance No. 14-85)

4-2A-102 Creation of Department.

There is hereby created a Wastewater Treatment Department which shall consist of a Superintendent and such other employees as shall be provided for by the City Council.

(1979 Code 4-2A-102; adopted by Ordinance No. 14-85)

4-2A-103 Duties of Superintendent.

The Superintendent of the Wastewater Treatment Department shall be responsible for the proper care and efficient operation of the City’s wastewater treatment facilities and all sewage pump stations. He shall also enforce and carry out the duties specified in this Chapter.

(1979 Code 4-2A-103; adopted by Ordinance No. 14-85)

4-2A-201 Use of Public Sewer Required.

(1) It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on any public or private property within the City, or in any area under the jurisdiction of the City, any human or animal excrement, garbage, or other objectionable waste. It shall be unlawful to discharge into any natural outlet within the City, or in any area under the jurisdiction of the City, any sewage or other polluted water, except where suitable treatment has been provided in accordance with the provisions of this Chapter.

(2) Except as provided in Subsection (3), it shall be unlawful for the owner or any other person having charge of any premises within the City to dispose of sewage therefrom by any means other than by use of the proper public sewer. It shall be unlawful to construct or use any other sewage disposal system such as a privy, vault, cesspool, or septic tank within the City.

(3) Provided, however, the City Council may, upon recommendation of the Planning Commission, in cases of undue hardship, grant a special permit for the temporary use of alternate sewage disposal systems on such conditions as the City Council shall deem appropriate for protection of the City and the health of the residents of the area. All such special permits shall expire and the holder thereof shall be required to connect the premises to the City’s sewer system when any sewer main is constructed within 250 feet of the property line of the premises. In addition to any other conditions for such a special permit which the City Council may impose, all such special permits shall be issued with the following conditions:

(a) The alternate method of sewage disposal allowed by the permit shall be approved in writing, both as to design and as to installation, by the appropriate health department. Permission to use the alternate method of sewage disposal shall not be authorized until the installation is completed in compliance with the approved plans. Authorized City employees shall be allowed to inspect the work at any state of construction.

(b) The alternate sewage disposal system shall be properly maintained to comply with the requirements and recommendations of the Utah Department of Environmental Quality and the appropriate health department.

(c) The holder of the permit shall agree in writing to connect the premises to the City’s sewer system when any sewer main is constructed within 250 feet of the boundary of the premises.

(d) The owner or owners of the premises shall execute and deliver to the City a written agreement in such form as the City may require that said premises will become a part of any special improvement district which is proposed by the City to provide sewer services to the premises.

(e) No septic tank or cesspool shall be permitted to discharge to any natural outlet.

(4) In the event that any resident or property owner shall fail to connect to the public sewer within ninety (90) days from the time such resident or property owner is notified by certified mail that the public sewer is reasonably available and is within 250 feet of the boundary of the premises, the premises shall be deemed to be a public nuisance and the City may take appropriate action to abate the nuisance as provided by law. In addition, the City may cause the culinary water to be shut off from such premises and shall not be required to turn the same on again until such premises has been connected to the public sewer at the expense of the resident or property owner.

(1979 Code 4-2A-201; adopted by Ordinance No. 14-85; amended by Ordinance Nos. 10-86, 7-93 and 7-98)

4-2A-202 Storm Sewer.

It shall be unlawful for any person to discharge or cause to be discharged any storm water, surface water, ground water, roof run-off, flood surface drainage, or cooling water into any sanitary sewer. Such storm water and all other unpolluted water shall be discharged into such sewers as are specifically designated as storm sewers or to a natural outlet consisting of water courses, ponds, ditches, lakes or other bodies of surface or ground water provided for receiving the same.

(1979 Code 4-2A-202; adopted by Ordinance No. 14-85)

4-2A-203 Prohibited Discharges.

(1) No user 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 prohibitions apply to all users of the POTW, whether or not the user is subject to National Categorical Pretreatment Standards or requirements.

(2) The POTW Manager shall develop local effluent limitations, including numeric standards, for any user or users who contribute to the POTW any of the substances listed in this Section to prevent or correct any interference with operation of the POTW, as required by 40 CFR 403.4(c). The POTW Manager shall use any local limits which are developed in issuing Industrial Wastewater Discharge Permits pursuant to Section 4-2A-501.

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

(a) any liquids, solids, or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW, including, but not limited to, waste streams with a closed cup flashpoint of less than 140?F or 60?C using the test methods specified in 40 CFR 261.21.

(b) solid or viscous substances which may cause obstruction of the flow in a sewer or other interference with the operation of the wastewater treatment facilities, including, but not limited to: grease, garbage with particles greater than one-quarter inch (1/4”) in any dimension, animal guts or tissues, paunch manure, bones, hair, hides, or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes.

(c) any wastewater having a pH less than 5.5 or more than 11.0, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the POTW. Provided, however, if the facilities for handling such wastewater are designed and constructed to handle a pH lower than 5.5, the POTW Manager may allow discharge of wastewater having a pH in the range 4.0 to 11.0 by including such allowance in an Industrial Wastewater Discharge Permit issued pursuant to Section 4-2A-501.

(d) any wastewater containing toxic pollutants, which either singly or by interaction with other pollutants, causes injury or interference with any wastewater treatment process, constitutes a hazard to humans or animals, creates a toxic effect in the receiving waters of the POTW, contaminates the sludge or any POTW system, or exceeds the limitation set forth in a National Categorical Pretreatment Standard.

(e) any malodorous liquids, gases, or solids which, either singly or cumulatively or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for their maintenance and repair.

(f) any substance which may cause the POTW’s effluent or any other product of the POTW, such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process where the POTW is pursuing a reuse and reclamation program. In no case shall a substance discharge 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 or any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or state criteria applicable to the sludge management method being used.

(g) any substances which will cause the POTW to violate its NPDES, or State Disposal System Permit or the receiving water quality standards.

(h) any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions. Any wastewater with color exceeding 150 units, as measured by the platinum-cobalt standard method. Any wastewater with turbidity exceeding 150 nephelometric turbidity units.

(i) any wastewater with a temperature in excess of 140?F or having a temperature which will inhibit biological activity in the POTW treatment plant, or cause temperature at the headworks of the POTW treatment plant to exceed 104?F.

(j) any pollutants, including oxygen demanding pollutants, released at a flow or pollutant concentration which will cause interference to the POTW. In no case shall a slug load have a flow rate or contain concentration or qualities of pollutants that exceed, for any time period longer than fifteen (15) minutes, more than five (5) times the average twenty-four (24) hour concentration, quantities, or flow during normal operation.

(k) any wastewater containing any radioactive wastes or isotope of such half-life or concentration as may exceed limits established by the POTW Manager in compliance with applicable state or federal regulations.

(l) any wastewater which causes a hazard to human life or creates a public nuisance.

(m) any wastewater containing oil and grease at a concentration of greater than one hundred parts per million, except pursuant to a written permit therefor granted by the POTW Manager and upon agreement of the discharger to pay the standard surcharge for treatment of such waste.

(n) any wastewater containing pollutants or concentration of pollutants prohibited by regulations made by the POTW Manager and approved by the City Council.

(o) petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference with the POTW or cause such pollutants to pass through the POTW to the receiving waters.

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

(q) any trucked or hauled pollutants, except at discharge points designated by the POTW Manager.

(1979 Code 4-2A-203; adopted by Ordinance No. 14-85; amended by Ordinance Nos. 23-85, 14-86, 1-91 and 8-94)

4-2A-204 Commercial Garbage Grinders.

Mechanically operated grinders or disposers for producing ground garbage are permitted in commercial establishments; provided, however, all grinder installations must be approved in writing by the POTW Manager prior to their use. Each such grinder and disposer shall meet the following standards:

(1) It shall use a wet-process pulping system, including a pulper and a de-watering press, or other devices, which discharges at least seventy-five percent (75%) of the volume of pulp or solid wastes run through it into a garbage can or other container for transport to a proper and lawful garbage or waste disposal site.

(2) It shall utilize a closed loop or other design which provides for a minimum of eighty-five percent (85%) use of recirculated water.

(3) The fluid discharged therefrom into the sewer shall flow readily through an approved trap or interceptor, drain line or soil line in a manner which prevents clogging or stoppage of the drain line.

(4) The entire installation shall comply in all particulars with the applicable provision of state and local plumbing and electrical codes.

(5) The grinder or disposer will be operated with only cold water flowing into the grinder while connected to the POTW sewer.

(1979 Code 4-2A-204; adopted by Ordinance No. 14-85)

4-2A-301 Federal Categorical Pretreatment Standards.

(1) Upon the promulgation of the Federal Categorical Pretreatment Standard for a particular industrial subcategory, developed pursuant to 40 CFR, Sec. 403.6, the Federal Standard, if more stringent than limitations imposed herein for sources in the subcategory, shall immediately supersede the limitations imposed herein. The POTW Manager shall notify all affected users of the applicable reporting requirements under 40 CFR, Sec. 402.12.

(2) Where the POTW’s wastewater treatment system achieves consistent removal of pollutants limited by Federal Pretreatment Standards, the City may apply to the Approval Authority for modification of specific limits in the Federal Pretreatment Standards. “Consistent removal” shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system in ninety five percent (95%) of the samples taken when measured according to the procedures set forth in 40 CFR, Sec. 403.7(c)(2). The POTW may modify pollutant discharge limits in the Federal Pretreatment Standards if the requirements contained in 40 CFR, 403.7, are fulfilled and prior approval from the Approval Authority is obtained.

(1979 Code 4-2A-301; adopted by Ordinance No. 14-85)

4-2A-302 State Requirements.

State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those contained herein.

(1979 Code 4-2A-302; adopted by Ordinance No. 14-85)

4-2A-401 Dilution Prohibited.

No user shall ever dilute a discharge as a partial or complete substitute for adequate pretreatment 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.

(1979 Code 4-2A-401; adopted by Ordinance No. 14-85)

4-2A-402 Injuring or Interfering with City Sewer Prohibited.

(1) No person shall injure, break or remove any part or portion of any sewer or system of any sewer.

(2) No person other than city personnel shall open any POTW sewer manhole without permission from the POTW Manager.

(3) Any person violating this Section shall be guilty of a misdemeanor and shall be subject to punishment as provided in Section 1-6-101.

(1979 Code 4-2A-402; adopted by Ordinance No. 14-85; amended by Ord. No. 7-98)

4-2A-403 Special Agreements and Contracts.

Nothing in this Chapter shall be construed as prohibiting special written agreements between the City and any other person allowing industrial waste or wastewater of unusual strength or character to be admitted to the POTW, provided said person compensates the City for any additional costs of treatment. A special agreement made pursuant to this Section shall not in any manner waive any portion of National Categorical Pretreatment Standards.

(1979 Code 4-2A-403; adopted by Ordinance No. 14-85)

4-2A-404 Grease, Oil and Sand Interceptors.

(1) Grease, oil and sand interceptors, as described by the Utah Plumbing Code, shall be required of any user when, in the opinion of the POTW Manager, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand and other harmful ingredients; except that such interceptors shall not be required for dwelling units. All interceptors shall be of a type and capacity approved by the POTW Manager and shall be located as to be readily accessible for cleaning by user and inspection by City employees.

(2) All grease, oil, and sand interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of a substantial construction, water tight and equipped with easily removable covers which, when bolted in place, shall be gas- and water-tight.

(3) Where installed, all grease, oil, and sand interceptors shall be maintained by the user at his sole expense in continuous efficient operation at all times.

(1979 Code 4-2A-404; adopted by Ordinance No. 14-85)

4-2A-405 Permit Required.

No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the inspection office. The permit must be at the job site during the whole time the work is in progress and must be exhibited to any City inspector demanding to see it.

(1979 Code 4-2A-405; adopted by Ordinance No. 14-85)

4-2A-406 Permit Application and Classification.

(1) There shall be two (2) classes of building sewer permits:

(a) for residential and commercial service, and

(b) for service to establishments producing industrial wastes.

(2) For either class of permit, the owner or his agent shall make application on a form furnished by the City, which may be in connection with or a part of an application for a building permit. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Superintendent.

(3) No permit shall be granted until the sewer impact fee provided by Sections 11-11-101, et seq., has been paid.

(1979 Code 4-2A-407; adopted by Ordinance No. 14-85; amended by Ord. No. 7-98)

4-2A-407 Installation and Maintenance.

(1) All costs and expenses of or incidental to the installation and connection of a building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be caused by installation of the building sewer.

(2) The duty and cost of maintenance and keeping open of the building sewer line from the private property owner’s premises to the point where the sewer line is connected onto the POTW sewer line shall be borne by the property owner.

(1979 Code 4-2A-407; adopted by Ordinance No. 14-85; amended by Ord. No. 7-98)

4-2A-408 Separate Connections Required.

A separate and independent building sewer shall be provided for every building with four or less dwelling units in the building. Every building with more than four dwelling units shall have more than one separate and independent building sewer as determined and approved by the City Engineer and Building Official prior to final plat approval. Where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer, but the City does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.

(1979 Code 4-2A-408; adopted by Ordinance No. 14-85, amended by Ord. No. 17-2007, 03/06/2007)

4-2A-409 Old Building Sewers.

Building sewers which formerly served buildings that no longer exist may be used in connection with new buildings only when found, on examination and test by the Superintendent, to meet all requirements of this Chapter.

(1979 Code 4-2A-409; adopted by Ordinance No. 14-85; amended in codification; amended by Ord. No. 7-98)

4-2A-410 Design and Construction.

The size, slope, alignment, materials of construction of all sanitary sewers, including building sewers, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the Building and Plumbing Codes or other applicable rules and regulations of the City.

(1979 Code 4-2A-410; adopted by Ordinance No. 14-85)

4-2A-411 Connection to POTW System.

The connection of the building sewer into the POTW sewer shall conform to the requirements of the Building and Plumbing Codes or other applicable rules and regulations of the City. All such connections shall be made gas-tight and water-tight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved in writing by the inspection office before installation.

(1979 Code 4-2A-411; adopted by Ordinance No. 14-85)

4-2A-412 [Repealed]

(1979 Code 4-2A-412; adopted by Ord. No. 14-85; repealed by Ordinance No. 1-87)

4-2A-413 Information.

(1) The POTW Manager, or other duly authorized employees, are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. Such information may be obtained by reports, questionnaires, permit applications, monitoring programs and copying records of a user.

(2) All industrial users shall inform the POTW Manager, Utah Bureau of Solid and Hazardous Waste, and the EPA Regional Waste Management Director of all hazardous substances which they discharge to the POTW. The POTW Manager shall notify all industrial users of the requirement of this Subsection.

(1979 Code 4-2A-413; adopted by Ordinance No. 14-85; amended by Ordinance No. 1-91)

4-2A-414 Easements.

The POTW Manager and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds an easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the wastewater facilities lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of easement pertaining to the private property involved.

(1979 Code 4-2A-414; adopted by Ordinance No. 14-85)

4-2A-501 Authorization to Discharge.

A critical industrial user shall not discharge, or cause to be discharged, any industrial wastewaters directly or indirectly into sewerage facilities owned by the City without first obtaining an Industrial Wastewater Discharge Permit. All existing industrial users shall obtain Industrial Wastewater Discharge Permits on or before December 31, 1985.

(1979 Code 4-2A-501; adopted by Ordinance No 14-85; amended by Ordinance No. 23-85, 14-86 and 1-91)

4-2A-502 Restrictions.

(1) The Industrial Wastewater Discharge Permit may require pretreatment of industrial wastewaters before discharge, restriction of peak flow discharges, discharge of certain wastewaters only to specified sewers, relocation of points of discharge, prohibition of discharge or certain wastewater components, restriction of discharge to certain hours of the day, payment of additional charges to defray increased costs of the City created by the wastewater discharges and such other conditions as may be required to effectuate the purpose of this Chapter.

(2) No Industrial Wastewater Discharge Permit is transferable without the prior written consent of the POTW Manager.

(3) No person shall discharge industrial wastewaters in excess of the quantity or quality limitations set by his Industrial Wastewater Discharge Permit. Any person desiring to discharge wastewaters or use facilities which are not in conformance with his Industrial Wastewater Permit shall apply to the POTW Manager for an amended permit. Such amended permit shall be granted, provided its terms shall comply with these regulations.

(1979 Code 4-2A-502; adopted by Ordinance No. 14-85)

4-2A-503 Notice of Non-Compliance.

(1) The City shall publish, in a newspaper of general circulation in the City, a list of the industrial users which were in significant non-compliance with any provision of this Chapter during the preceding twelve (12) months. The notification shall also summarize any enforcement actions taken against a user during the same twelve (12) months.

(2) An industrial user is in significant non-compliance if a violation by that user meets one or more of the following criteria:

(a) chronic violations of a wastewater discharge limit which are those violations in which 66% or more of all measurements taken during a six (6) month period exceed by any magnitude the daily maximum limit or the average limit for a pollutant parameter.

(b) Technical Review Criteria violations which are those in which thirty-three percent (33%) or more of all measurements for each pollutant parameter taken during a six (6) month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable Technical Review Criteria which are 1.4 for biological oxygen demand, total suspended solids, fats, oil and grease; and 1.2 for all other pollutants except pH.

(c) any other violation of a pretreatment effluent limit that the POTW manager has determined has caused, alone or in combination with other discharges, interference or pass through, or danger to the health of POTW personnel or the general public.

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

(e) failure to meet, within ninety (90) days after the schedule date, any part of a compliance schedule contained in any permit or enforcement order.

(f) failure to provide, within thirty (30) days after the due date, any required report.

(g) failure to accurately report noncompliance.

(h) any other violation or group of violations which the POTW manager determines will adversely affect the operation or implementation of the pretreatment program.

(1979 Code 4-2A-503; adopted by Ordinance No. 14-85; amended by Ordinance No. 23-85 and 1-91)

4-2A-504 Permit Application.

(1) Users required to obtain an Industrial Wastewater Discharge Permit shall complete and file with the POTW Manager an application in the form prescribed by the POTW Manager and accompanied by a fee as set forth in the Schedule of Fees for the POTW. All existing industrial users shall apply for an Industrial Wastewater Discharge Permit prior to September 30, 1985, and proposed new industrial users shall apply at least 90 days prior to connecting to or contributing to the POTW.

(2) In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:

(a) name, address, and location of discharge;

(b) SIC number according to the Standard Industrial Classification Manual, Office of Management and Budget, 1972, as amended;

(c) wastewater quantity and quality characteristics as determined by a reliable analytical laboratory. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(h) of the Act and contained in 40 CFR, Part 135, as amended;

(d) times and durations of discharge;

(e) average daily and peak wastewater flow rates, including daily, monthly and seasonal variations, if any;

(f) site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by size, location and elevation. If deemed necessary by the POTW Manager, such plans shall provide for separate systems for handling sanitary and industrial wastewater;

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

(h) where known, the quantity and specific nature 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 pretreatment is required for the user to meet applicable pretreatment standards;

(i) if additional pretreatment will be required to meet the pretreatment standards, the schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment requirements. The following conditions shall apply to this schedule:

(I) 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 requirements;

(II) no increment referred to in paragraph (i) shall exceed nine (9) months;

(III) not later than fourteen (14) days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the POTW Manager, including, as a minimum, whether or not user complied with the increment or progress to be met on such date, and, if not, the date on which it expects to comply with this increment of progress, the reason for delay and the steps being taken by the user to return the construction to the schedule established.

(j) any other information as required by the POTW Manager to evaluate the permit application.

(3) After evaluation and acceptance of the data furnished, the POTW Manager may issue an Industrial Wastewater Discharge Permit.

(4) The POTW Manager may waive submission of any of the items specified in paragraph (2) of this Section if the same are not necessary to properly evaluate the permit application.

(1979 Code 4-2A-504; adopted by Ordinance No. 14-85)

4-2A-505 Permit Modification.

(1) Upon enactment of a National Categorical Pretreatment Standard, and within the time prescribed thereby, the Industrial Wastewater Discharge Permits of users subject to such Standards shall be revised to require compliance therewith. Where a user, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for an Industrial Wastewater Discharge Permit, the user shall apply for an Industrial Wastewater Discharge Permit within thirty (30) days after notice of the enactment of the applicable National Categorical Pretreatment Standard. The user with an existing Industrial Wastewater Discharge Permit shall submit to the POTW Manager within thirty days after such notice, the information required by paragraphs (h) and (i) of Section 4-2A-504. In addition to the foregoing, the terms and conditions of the permit shall be subject to modification by the POTW Manager during the term of the permit as limitations or requirements are modified or other just cause exists. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance, as determined by the POTW Manager. The POTW Manager shall use the information required by this Section to generate baseline monitoring reports as required by 40 CFR 403.12.

(2) The POTW Manager shall evaluate each Industrial Wastewater Discharge Permit every two years to determine if the holder of that permit should be required to have an accidental discharge and slug discharge control plan. If the POTW Manager determines that such a plan is required, he shall require the user to develop such a plan within a reasonable time and shall modify the permit to include the appropriate provisions specified in Section 4-2A-506(12).

91979 Code 4-2A-505; adopted by Ordinance No. 14-85; amended by Ordinance No. 23-85 and 1-91)

4-2A-506 Permit Conditions.

Industrial Wastewater Discharge Permits shall be expressly subject to all provisions hereof and all other applicable regulations, user charges and fees established by the City. Permits may contain, but are not limited to, the following conditions:

(1) Payment of the current unit charge or schedule of user charges and fees for the wastewater to be discharged to a POTW sewer;

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

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

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

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

(6) Compliance schedules;

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

(8) Requirements for maintaining and retaining records relating to wastewater discharge as specified by the POTW Manager, and affording POTW Manager access thereto;

(9) Requirements for notification of the POTW Manager of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;

(10) Requirements for notification of the POTW Manager of slug discharges;

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

(12) Requirements that each industrial user provide protection from accidental discharge of prohibited materials or other substances regulated herein or any other slug discharge. Such accidental discharge or slug discharge control plan shall include the following:

(a) a description of discharge practices, including non-routine batch discharges;

(b) a description of stored chemicals;

(c) if required by the POTW Manager, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading procedures, control of site runoff, worker training, construction or installation of containment structures or equipment, measures for containing toxic organic pollutants including solvents, and measures for emergency response.

(d) facilities to prevent accidental discharge of prohibited materials or any other slug discharge shall be provided and maintained at the industrial user’s own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the POTW Manager for review and shall be approved by the POTW Manager before construction of the facility. All existing industrial users shall complete such a plan by September 30, 1985. No industrial user who commences contribution to the POTW after the effective date hereof shall be permitted to introduce pollutants into the system until accidental discharge and slug discharge procedures have been approved by the POTW Manager. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the industrial user’s facility as necessary to meet the requirements hereof. In the case of an accidental discharge or slug discharge, the industrial user shall immediately notify the POTW Manager or his office of the incident by telephone. The notification shall include location of discharge, type of waste, concentration and volume and corrective actions; and

(13) Other conditions as deemed appropriate by the POTW Manager.

(1979 Code 4-2A-506; adopted by Ordinance No. 14-85; amended by Ordinance No. 1-91)

4-2A-507 Accidental or Slug Discharge.

(1) Within five (5) days following an accidental discharge or slug discharge or any other discharge in violation of a user’s Industrial Wastewater Discharge Permit, the industrial user shall submit to the POTW Manager a detailed written report describing the cause of the discharge and the measures to be taken by the industrial user to prevent future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, or any other damage to person or property; nor shall such notification relieve the industrial user of any fines, civil penalties, or other liability which may be imposed by this Chapter or other applicable law.

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

(1979 Code 4-2A-507; adopted by Ordinance No. 14-85; amended by Ordinance No. 1-91)

4-2A-508 Permit Duration.

An Industrial Wastewater Discharge Permit shall be issued for a specified time period, not to exceed five (5) years. A permit may be issued for a period less than a year or may be stated to expire on a specified date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user’s existing permit. Any permit may be canceled or terminated for failure to comply with the requirements of this Chapter or of the permit.

(1979 Code 4-2A-508; adopted by Ordinance No. 14-85)

4-2A-509 Approval.

Upon receipt of all required information, the application shall be processed. When properly executed by the City, the application form shall constitute a valid Industrial Wastewater Discharge Permit. The application shall be approved if the applicant has complied with all applicable requirements of these regulations.

(1979 Code 4-2A-509; adopted by Ordinance No. 14-85)

4-2A-510 Compliance Date Report.

Within ninety (90) days following the date for final compliance with applicable Pretreatment Standards, or in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to Pretreatment Standards and Requirements shall submit to the POTW Manager a report indicating the nature and concentration of all pollutants, in the discharge from the regulated process, which are limited to Pretreatment Standards and Requirements and indicating the average, minimum daily flow and times for these process units in the user facility which are limited by such Pretreatment Standards or Requirements. The report shall state whether the applicable Pretreatment Standards or Requirements are being met on a consistent basis and, if not, what additional pretreatment is necessary to bring the user into compliance with the applicable Pretreatment Standards or Requirements. This statement shall be signed by an authorized representative of the industrial user and shall be certified to by a qualified professional engineer.

(1979 Code 4-2A-510; adopted by Ordinance No. 14-85)

4-2A-511 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 into the POTW, shall submit to the POTW Manager during the months of April and October, for the respective preceding six-month period, unless required more frequently in the Pretreatment Standard or by the POTW Manager, a report indicating the nature and concentration of pollutants in the effluent which are limited by such Pretreatment Standards. In addition, this report shall include a record of all daily flows during the reporting period. At the discretion of the POTW Manager and in consideration of such factors as local high or low flow rates, holidays, or budget cycles, the POTW Manager may alter the months during which the above reports are to be submitted.

(2) The POTW Manager may impose mass limitations on users which are using dilution to meet applicable Pretreatment Standards or Requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases the report required by paragraph (1) of this Section shall indicate the mass of pollutants regulated by Pretreatment Standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow, and the nature and concentration, or production and mass where requested by the POTW Manager, of pollutants contained therein which are limited by the applicable Pretreatment Standards. The frequency of monitoring shall be prescribed in the applicable Pretreatment Standard. All analyses shall be performed in accordance with procedures established by the EPA Administrator pursuant to Section 304(h) of the Act and contained in 40 CFR, Part 136 and amendments thereto or with any other test procedures approved by techniques approved by the EPA Administrator.

(1979 Code 4-2A-511; adopted by Ordinance No. 14-85)

4-2A-512 Monitoring Facilities.

(1) If the POTW Manager shall determine it to be necessary to enforce the terms of this Chapter and of any Industrial Wastewater Discharge Permit, a user shall provide and operate, at its expense, monitoring equipment and facilities approved by the POTW Manager, sufficient to allow inspection, sampling, and flow measurement of the building sewer systems. The monitoring equipment and facilities shall be situated on the user’s premises or such other location as allowed by the POTW Manager.

(2) There shall be ample room in or near such monitoring manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.

(3) Whether constructed on public or private property, the sampling and monitoring equipment and facilities shall be provided in accordance with the POTW Manager’s requirements and all applicable local construction standards and specifications. Construction shall be completed within ninety (90) days following written notification to the user by the POTW Manager.

(1979 Code 4-2A-512; adopted by Ordinance Nos. 14-85 and 5-93)

4-2A-513 Inspection.

(1) All users shall allow the POTW Manager, or his representatives, ready access at all reasonable times to all parts of the user’s premises containing building sewer systems, wastewater facilities, or related monitoring or pretreatment facilities for the purpose of inspection, sampling, records examination and copying, or in the performance of any of his duties. Insofar as the POTW Manager deems practicable and consistent with carrying out his duties under this Chapter, entry to a user’s property pursuant to this Section shall be only upon prior notice to the user and during normal business hours.

(2) The POTW Manager, Approval Authority, 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 metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that upon presentation of suitable identification, personnel from the City will be permitted to enter, without unreasonable delay, for the purposes of performing their specific responsibilities.

(1979 Code 4-2A-513; adopted by Ordinance No. 14-85)

4-2A-514 Failure to Permit Inspection.

In the event a duly authorized officer or agent of the City is refused admission for any purpose associated with this Pretreatment Program, the POTW Manager may cause sewer service to the premises in question to be discontinued until the City’s agents have been afforded reasonable access to the premises and sewer system to accomplish the inspection or sampling.

(1979 Code 4-2A-514; adopted by Ordinance No. 14-85)

4-2A-515 Sampling.

All measurements, tests, and analyses of the characteristics of water and wastes to which reference is made herein shall be determined in accordance with Standard Methods. In the event that no special facility has been required, the point of inspection shall be considered to be the downstream manhole in the POTW sewer nearest to the point at which the building sewer is connected to the public sewer.

(1979 Code 4-2A-515; adopted by Ordinance No. 14-85)

4-2A-516 Pretreatment.

Users shall provide all necessary wastewater pretreatment as required to comply herewith. Any monitoring equipment and facilities required to pretreat wastewater to a level acceptable to the POTW Manager shall be provided, operated and maintained at the user’s expense. Such facilities required by the POTW Manager may include the requirements for separate systems to handle sanitary and industrial wastewater so that both can be discharged into the POTW collection system independently of each other. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the POTW Manager for review by the POTW Manager before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the POTW Manager under the provisions hereof. Any subsequent changes in the pretreatment facilities of method or operation shall be reported to and be acceptable to the POTW Manager prior to the user’s initiation of the changes. An agreement between the City and a user made pursuant to Section 4-2A-403 may exempt the user from all or a portion of the requirements of this paragraph.

(1979 Code 4-2A-516; adopted by Ordinance No. 14-85; amended by Ordinance No. 23-85)

4-2A-517 Confidential Information.

Information and data on a user, obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction. Provided, however, no written inspection of monitoring report shall be available to the public or other governmental agency pursuant to this Section until expiration of twenty (20) days after a copy thereof is mailed to the user by the POTW Manager or his agent.

(1979 Code 4-2A-517; adopted by Ordinance No. 14-85)

4-2A-518 Amendments.

As EPA adds or amends specific pretreatment and effluent guidelines, or as the City deems necessary, the restrictions or conditions of an Industrial Wastewater Discharge Permit may require amendment, as circumstances dictate. The City shall require an industrial discharger to establish an abatement time schedule to comply with any changes in the Industrial Wastewater Discharge Permit.

(1979 Code 4-2A-518; adopted by Ordinance No. 14-85)

4-2A-519 Notification of Violation.

Whenever the POTW Manager finds that any user has violated or is violating its Wastewater Discharge Permit, or any prohibition, limitation or requirement contained therein, the POTW Manager shall serve upon such user a written notice stating the nature of the violation, which may include a cease and desist order. Within the time specified therein, a plan for the satisfactory correction thereof shall be submitted to the POTW Manager by the user. Any notification required herein shall be served either personally or by registered or certified mail.

(1979 Code 4-2A-519; adopted by Ordinance No. 14-85

4-2A-520 Suspension of Service.

(1) The POTW Manager may, without notice or hearing, suspend the wastewater treatment service or an Industrial Wastewater Discharge Permit when such suspension is necessary to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment, causes interference to the POTW, or causes the City to violate any condition of its NPDES Permit.

(2) Any person notified of suspension of the wastewater treatment service or the Industrial Wastewater Discharge Permit shall immediately stop or eliminate the discharge. In the event of a failure of the user to comply voluntarily with the suspension order, the POTW Manager shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system, or endangerment to any individuals. The POTW Manager shall reinstate the Industrial Wastewater Discharge Permit, or the wastewater treatment service, upon proof of the elimination of the non-complying discharge. User shall pay all costs and expenses for any such suspension and restoration of service. A detailed written statement prepared by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the POTW Manager within fifteen (15) days of the date of occurrence.

(1979 Code 4-2A-520; adopted by Ordinance No. 14-85)

4-2A-521 Permit Revocation.

Any user who violates the following conditions, or other applicable state and federal regulations, is subject to having his permit revoked pursuant to the procedure provided by Section 4-2A-522:

(1) Failure of a user to factually report the wastewater constituents and characteristics of its discharge;

(2) Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;

(3) Refusal of reasonable access to the user’s premises for the purpose of inspection or monitoring;

(4) Violation of conditions of the permit; or

(5) Failure to pay any fees or charges.

(1979 Code 4-2A-521; adopted by Ordinance No. 14-85)

4-2A-522 Administrative Remedies.

(1) The POTW Manager may order any user to show cause before the City Council why enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the City Council regarding the violation, the reasons why the action is to be or was taken, the enforcement action, and directing the user to show cause before the City Council why the enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail at least ten days before the hearing.

(2) The City Council may itself conduct the hearing and take the evidence or may designate any of its members or any officer or employee of the City or may appoint a hearing board. The objective of a hearing will be to:

(a) issue in the name of the City notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;

(b) take the evidence; and

(c) prepare a report of the evidence and hearing, including transcripts where requested, and other evidence, together with recommendations for action thereon.

(3) After the City Council has reviewed the evidence, it may issue a cease and desist order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices, or other related appurtenances be installed on existing treatment facilities, and such devices or other related appurtenances are properly operating. Further orders and directives, as are necessary and appropriate, may be issued.

(4) The City may refer to the state of Utah for enforcement of violations of pretreatment or toxic effluent standards under the provisions of the Utah Water Pollution Control Act, Title 26, Chapter 11, UCA 1953, as amended.

(1979 Code 4-2A-522; adopted by Ordinance No. 14-85)

4-2A-523 Appeal Procedure.

(1) Any permit applicant, permit holder, or other user affected by any decision, action, or determination, including cease and desist orders, made by the POTW Manager in interpreting or implementing the provisions herein, or any permit issued hereunder, may file with the POTW Manager a written request for reconsideration within ten (10) days of such decision, action, or determination, setting forth in detail the facts supporting the request. The POTW Manager may elect to hold a hearing on the request. The request for reconsideration shall be acted upon by the POTW Manager within ten (10) days from the date of filing or the close of the reconsideration hearing. The decision, action, or determination shall remain in effect during such period of review by the POTW Manager.

(2) If the decision of the POTW Manager is unsatisfactory to the person appealing, he may file a written appeal to the City Council within ten (10) days after receipt of the decision. The City Council may hear the appeal and shall make a final ruling on the appeal within twenty (20) days of receipt of the user’s written appeal. The decision, action, or determination of the POTW Manager shall remain in effect during such period of review by the City Council. The decisions of the City Council shall be binding on all entities and the user until and unless ruled otherwise by an appropriate court.

(1979 Code 4-2A-523; adopted by Ordinance No. 14-85)

4-2A-524 Legal Action Authorized.

(1) If any user discharges into the POTW contrary to the provisions hereof, of federal or state Pretreatment Requirements or of any order of the POTW Manager, the City Attorney may commence an action for appropriate legal or equitable relief.

(2) The City Council may also direct the City Attorney to proceed with direct enforcement of this Chapter and the standards adopted pursuant to this Chapter as provided in Utah Code Title 26, Chapter 11.

(1979 Code 4-2A-524; adopted by Ordinance No. 14-85; amended by Ordinance No. 23-85)

4-2A-601 Criminal Penalty and Fines.

Any person who violates the provisions of this Chapter shall be guilty of a misdemeanor and upon conviction thereof subject to punishment by a fine of $1,000.00, or by imprisonment for a period of not more than six (6) months, or by both such fine and imprisonment for each violation. Each day of violation shall be deemed a separate offense.

(1979 Code 4-2A-601; adopted by Ordinance No. 14-85; amended by ordinance 14-89)

4-2A-602 Civil Fine Pass-Through.

In the event that a user discharges pollutants which cause the city to violate any condition of its NPDES Permit, and the City is fined by EPA or the state for such violation, then such user shall be fully liable for the total amount of the fine assessed against the City by EPA or the state.

(1979 Code 4-2A-602; adopted by Ordinance No. 14-85)

4-2A-603 Falsifying Information.

Any user who knowingly makes false statements, representations or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant hereto or pursuant to any Wastewater Discharge Permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required herein shall be guilty of a misdemeanor and upon conviction thereof subject to punishment by a fine of $1,000.00, or by imprisonment for a period of not more than six (6) months, or by both such fine and imprisonment.

(1979 Code 4-2A-603; adopted by Ordinance No. 14-85; amended by Ordinance No. 14-89)

4-2A-604 Additional Penalties.

In addition to the penalties provided herein, the City may recover reasonable attorney’s fees, court costs, court reporter’s fees, and other expenses of litigation by appropriate legal action against the user found to have violated any provision herein, or the orders, rules, regulations, and permits issued hereunder.

(1979 Code 4-2A-604; adopted by Ordinance No. 14-85)

4-2A-701 Definitions.

Unless the context specifically indicates otherwise, the following terms and phrases, as used in this Chapter, shall be the meanings hereafter designated:

(1) “Act” or “the Act” shall mean the Federal Water Pollution Control Act, Public Law 92-500, also known as the Clean Water Act, including the amendments made by the Clean Water Act of 1977, Public Law 95-217, and any subsequent amendments.

(2) “Approval Authority” shall mean the director in an NPDES state with an approved state pretreatment program, and the administrator of the EPA in a non-NPDES state or NPDES state without an approved state pretreatment program.

(3) “Authorized Representative of an Industrial User” may be a principal executive officer of at least the level of vice president, if the industrial user is a corporation; a general partner or proprietor, if the industrial user is a partnership or proprietorship, respectively; or a duly authorized representative of the individual designated above, if such representative is responsible for the overall operation of the facilities from which the discharge originates.

(4) “Biochemical Oxygen Demand” (BOD or BOD5) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days.

(5) “Building Drain” shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (5’) outside the inner face of the building wall.

(6) “Building Sewer” shall mean the extension from the building drain to the public sewer main or other place of disposal.

(7) “Business Classification Code” or “BCC” shall mean a classification of discharges based on the 1972 Standard Industrial Classification Manual, Office of Management and Budget of the United States of America.

(8) “Categorical Standards” shall mean National Categorical Pretreatment Standards or Pretreatment Standard.

(9) “Construction Standard” shall mean the general construction requirements adopted by the City for installation of sewage facilities.

(10) “Contamination” shall mean an impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the environment or public health through poisoning or through spread of disease, as described in Standard Methods.

(11) “Cooling Water” shall mean water discharged from any use, such as air conditioning, cooler or refrigeration unit, to which the only pollutant added is heat.

(12) “Direct Discharge” shall mean the discharge of treated or untreated wastewater directly into the waters of the state of Utah.

(13) “Discharger” shall mean any person who discharges or causes the discharge of wastewater into a POTW sewer system.

(14) “Environmental Protection Agency” or “EPA” shall mean the United States Environmental Protection Agency, or, where appropriate, the term may also be used as designation for the administrator or other duly authorized official of said agency.

(15) “Floatable Oil” shall mean oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. Wastewater shall be considered free of floatable oil if it is properly pretreated and the wastewater does not interfere with the collection system.

(16) “Garbage” shall mean the animal and vegetable waste resulting from processes, trade or business as distinct from domestic or sanitary waste.

(17) “Indirect Discharge” shall mean the discharge or the introduction of non-domestic pollutants from any source designated under Section 307(b) or (c) of the Act into the POTW.

(18) “Industrial Wastewater Discharge Permit” shall mean a permit to deposit or discharge industrial waste into any sanitary sewer under the jurisdiction of the City.

(19) “Industrial Waste Surcharge” shall mean a charge levied on industrial users of the sewage treatment works for the additional cost of treating waste discharges of abnormal strength or characteristics. This charge includes capital as well as operating and maintenance costs.

(20) “Industrial Waste” shall mean the wastewater from industrial processes, trade or business as distinct from domestic or sanitary waste.

(21) “Inspection Office” shall mean an authorized inspector of the City, including any person authorized by the Superintendent.

(22) “Interference” shall mean the inhibition or disruption of the POTW treatment processes or operations or inhibition or disruption which contributes to a violation of any requirement of the City NPDES permit. The term includes prevention of sewage sludge use or disposal by the City in accordance with Section 405 of the Act or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria applicable to the method of treatment and disposal used or employed by the POTW.

(23) “Manager” shall mean the Superintendent of the City Wastewater Treatment Department as provided in Section 4-2A-102.

(24) “National Categorical Pretreatment Standard” or “Pretreatment Standard” shall mean any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) or (c) of the Act which applies to a specific category of industrial user.

(25) “National Prohibitive Discharge Standard” or “Prohibitive Discharge Standard” shall mean any regulation developed under the authority of Section 307(b) of the Act or 40 CFR 403.5.

(26) “Natural Outlet” shall mean any outlet (including storm sewers) into a watercourse, pond, ditch, lake or other body of surface or ground water.

(27) “New Source” shall mean building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which is commenced after the publication of proposed Pretreatment Standards under Section 307(c) of the Act which will be applicable to such source if such Standards are thereafter promulgated in accordance with that Section.

(28) “National Pollution Discharge Elimination System” or “NPDES Permit” shall mean a permit issued pursuant to Section 402 of the Act.

(29) “Person” shall mean any individual, partnership, firm, company, corporation, association, trust, estate, a governmental entity, or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, and the singular shall include the plural where indicated by the context.

(30) “pH” shall mean the negative logarithm of the effective hydrogen ion concentration.

(31) “Pollution” or “Pollutant” shall mean the man made or man induced alteration of the chemical, physical, biological, and radiological integrity of water, including, but not limited to, any dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical waste, biological materials, radioactive materials, heat, direct or discharge equipment, rocks, sand, dirt, and industrial, municipal, and agricultural waste discharged into water.

(32) “Pretreatment” or “Treatment” shall mean the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the POTW. The reduction or alteration can be obtained by physical, chemical, or biological processes, or process changes by other means, except as prohibited by 40 CFR 403.6(d).

(33) “Pretreatment Requirements” shall mean any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user.

(34) “Properly Shredded Garbage” shall mean the waste from the preparation, cooking and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one quarter of one inch (1/4”) in any dimension.

(35) “Public Sewer” shall mean a common sewer controlled by a governmental agency, public utility, or the City.

(36) “Publicly Owned Treatment Works” or “POTW” shall mean any treatment works, as defined by Section 212 of the Act, which is owned by the City. This definition includes any sewers that convey wastewater to the POTW treatment plant, except building or lateral sewers that convey wastewater to the POTW treatment plant from persons outside the City boundaries.

(37) “POTW Treatment Plant” shall mean that portion of the publicly owned treatment works designated to provide treatment for wastewater.

(38) “Receiving Water Quality Requirements” shall mean requirements for the POTW treatment plant effluent established by the City or by applicable state or federal regulatory agencies for the protection of receiving water quality. Such requirements shall include effluent limitations and waste discharge standards, requirements, limitations, or prohibitions which may be established or adopted from time to time by state or federal laws or regulatory agencies.

(38) “Sanitary Sewer” shall mean a pipe or conduit system and appurtenances for the collection, transportation, pumping, and treatment of sewage.

(39) “Septic Tank” shall mean a tank in which the solid matter of continuous flowing sewage is disintegrated by bacteria.

(40) “Sewage” shall mean water-borne waste discharged into the sanitary sewer from buildings for residential, business, institutional, and industrial purposes. Wastewater and sewage are synonymous.

(41) “Sewer” shall mean a pipe or conduit that carries wastewater or drainage water.

(42) “Critical Industrial User” shall include significant industrial user as defined in paragraph (a) below and minor industrial user as defined in paragraph (b) below.

(a) “Significant Industrial User” shall mean any industrial user of the wastewater disposal system who is subject to a National Categorical Pretreatment Standard, and any other industrial user who has an average discharge of 25,000 gallons or more per day (excluding sanitary, noncontact cooling and boiler blow down wastewater), or contributes a process waste stream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant, or has in its wastes any toxic pollutants as defined pursuant to Section 307 of the Act or other applicable law, or is found by the City, Utah State Water Pollution Control Committee, or has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.

(b) “Minor Industrial User” shall mean industry that on a routine basis has insignificant impact on the POTW treatment works but may, nonetheless, present the potential to impact the collection or treatment system or to violate the prohibited discharge limitations contained in this Chapter. It shall include those industries that present the potential to cause sewer obstruction, slug loads, or chemical spills. Minor industrial users shall be classified into the following categories:

(i) subclass A shall include metal finishing processes, including, but not limited to, anodizing, coating, chemical etching and milling.

(ii) subclass B shall include chemical cleaning processes which include, but are not limited to, vapor decreases and petroleum product decreases.

(iii) subclass C shall include non-chemical, detergent cleaning processes which are discharged directly into the sewer system, including, but not limited to, metal debarking and vat cleaning.

(iv) subclass D shall include storage of oil, gasoline, or any chemical or substance in quantities over 100 gallons, including, but not limited to, warehouses and gasoline stations.

(43) “Slug” shall mean any discharge of water, sewage or industrial waste of a non-routine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge, or any other discharge which in concentration of any given constituent or in quantity of flow exceeds, for any one period of duration longer than fifteen (15) minutes, more than five (5) times the average twenty-four (24) hour concentration of flows during the normal operation of the user. Slug discharge shall be separately determined for the system of any user which discharges into a pretreatment facility owned and operated by the City.

(44) “Standard Methods” shall mean the procedures described in the latest edition of “Standard Methods for the Examination of Water and Wastewater” as published by the American Public Health Association, the American Waterworks Association, and the Water Pollution Control Federation.

(45) “Standard Industrial Classification” shall mean a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.

(46) “Storm Drain” or “Storm Sewer” shall mean a sewer that carries only storm, surface, and groundwater drainage.

(47) “Storm Water” shall mean any flow occurring during or following any form of natural precipitation and resulting therefrom.

(48) “Superintendent” shall mean the Superintendent of the waste water department as provided by Section 4-2-102 or his authorized agent or deputy.

(49) “Surcharge” shall mean an additional sum added to the usual amount or cost.

(50) “Suspended Solid” shall mean the total suspended matter that floats on the surface of or is suspended in water, wastewater, or other liquids, and which is removable by laboratory filtering in accordance with procedures set forth in Standard Methods.

(51) “System” or “Sewer System” shall mean the sewer and waste water treatment facilities of the City.

(52) “Toxic Pollutants” shall mean any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of EPA under Section 307(a) of the Act or which may be listed in any schedule formulated by the POTW Manager and approved by the City Council.

(53) “Unpolluted Water” shall mean water of quality equal to or better than the effluent criteria in effect, or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewer and wastewater treatment facilities provided.

(54) “User” shall mean any person who contributes, causes, or permits the contribution of wastewater into the POTW.

(55) “Wastewater” shall mean the liquid and water-carrying industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, together with any infiltrating groundwater, surface water, and storm water that may be present, whether treated or untreated, which enters the POTW.

(56) “Watercourse” shall mean a natural or artificial channel for the passage of water either continuously or intermittently.

(1979 Code 4-2A-701; adopted by Ordinance No. 14-85; amended by Ordinance Nos. 23-85, 14-86, 1-91, 5-93 and 7-98)

4-2A-801 Rates and Fees.

The rates, penalty fee for delinquency in payment, connection fee, reconnection fee, inspection fee and other charges incidental to connection to and receiving service from the sewer system shall be fixed from time to time by resolution of the City Council as provided by Section 4-2-105. The City Council may also from time to time adopt by resolution other rules for levying, billing, guaranteeing and collecting charges for waste water services and all other rules necessary for the management and control of the sewer system; provided, however, that all such rules shall conform to the requirements of this Chapter and of Chapter 2 of this Title. Rates for services furnished shall be uniform with respect to each class or classes of service.

(Adopted by Ord. No. 7-98)

4-2A-802 User Notification.

Each user of the sewer system shall be notified at least annually, in conjunction with a regular bill, of the rate charged for sewer service and of the portions of the user charges which are attributable to operation and maintenance of the system and to debt service.

(Adopted by Ord. No. 7-98)

4-2A-803 Annual Review.

The City shall review the cost of operation and maintenance and long-term debt service relating to the sewer system, as well as each class of users’ contribution to the cost thereof at least annually, and will service the service charges as necessary to assure equity between the several classes of users, and to assure that sufficient funds are obtained from the user charge system to: (a) adequately operate and maintain the sewer system, and (b) cover debt service.

(Adopted by Ord. No. 7-98)

CHAPTER 2AWASTEWATER TREATMENT

4-2A-101 Purpose.

4-2A-102 Creation of Department.

4-2A-103 Duties of Superintendent.

4-2A-201 Use of Public Sewer Required.

4-2A-202 Storm Sewer.

4-2A-203 Prohibited Discharges.

4-2A-204 Commercial Garbage Grinders.

4-2A-301 Federal Categorical Pretreatment Standards.

4-2A-302 State Requirements.

4-2A-401 Dilution Prohibited.

4-2A-402 Injuring or Interfering with City Sewer Prohibited.

4-2A-403 Special Agreements and Contracts.

4-2A-404 Grease, Oil and Sand Interceptors.

4-2A-405 Permit Required.

4-2A-406 Permit Application and Classification.

4-2A-407 Installation and Maintenance.

4-2A-408 Separate Connections Required.

4-2A-409 Old Building Sewers.

4-2A-410 Design and Construction.

4-2A-411 Connection to POTW System.

4-2A-412 [Repealed]

4-2A-413 Information.

4-2A-414 Easements.

4-2A-501 Authorization to Discharge.

4-2A-502 Restrictions.

4-2A-503 Notice of Non-Compliance.

4-2A-504 Permit Application.

4-2A-505 Permit Modification.

4-2A-506 Permit Conditions.

4-2A-507 Accidental or Slug Discharge.

4-2A-508 Permit Duration.

4-2A-509 Approval.

4-2A-510 Compliance Date Report.

4-2A-511 Periodic Compliance Reports.

4-2A-512 Monitoring Facilities.

4-2A-513 Inspection.

4-2A-514 Failure to Permit Inspection.

4-2A-515 Sampling.

4-2A-516 Pretreatment.

4-2A-517 Confidential Information.

4-2A-518 Amendments.

4-2A-519 Notification of Violation.

4-2A-520 Suspension of Service.

4-2A-521 Permit Revocation.

4-2A-522 Administrative Remedies.

4-2A-523 Appeal Procedure.

4-2A-524 Legal Action Authorized.

4-2A-601 Criminal Penalty and Fines.

4-2A-602 Civil Fine Pass-Through.

4-2A-603 Falsifying Information.

4-2A-604 Additional Penalties.

4-2A-701 Definitions.

4-2A-801 Rates and Fees.

4-2A-802 User Notification.

4-2A-803 Annual Review.

CHAPTER 2A
WASTEWATER TREATMENT