Chapter 36
WATER, WASTEWATER, AND STORMWATER1

Art. I.    In General, §§ 36-136-30

Art. II.    Water, §§ 36-3136-100

Div. 1.    Generally, §§ 36-3136-60

Div. 2.    Meters, §§ 36-6136-100

Art. III.    Wastewaters, §§ 36-10136-250

Div. 1.    Generally, §§ 36-10136-130

Div. 2.    Connections from Property Outside District, §§ 36-13136-150

Div. 3.    Industrial Pretreatment Regulations for Existing and New Sources of Pollution, §§ 36-15136-250

Subdiv. A.    General Provisions, § 36-151

Subdiv. B.    Definitions, § 36-152

Subdiv. C.    Regulations, §§ 36-15336-155

Subdiv. D.    Fees, §§ 36-156, 36-157

Subdiv. E.    Administration, §§ 36-15836-163

Subdiv. F.    Enforcement, §§ 36-16436-171

Subdiv. G.    Penalties, §§ 36-17236-175

Subdiv. H.    Reserved, § 36-176

Subdiv. I.    Records Retention, § 36-177

Subdiv. J.    Miscellaneous Provisions, §§ 36-178, 36-179

Subdiv. K.    Severability, § 36-180

Subdiv. L.    Conflict, §§ 36-18136-185

Subdiv. M.    Septage Haulers, §§ 36-18636-197

Subdiv. N.    Waste Pumpers/Haulers, §§ 36-19836-250

Art. IV.    Stormwater Utility Ordinance, §§ 36-25136-265

ARTICLE I. IN GENERAL

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

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

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

(c) All water, wastewater, and stormwater easements shall be constructed and maintained so as to allow permanent access for maintenance equipment to maintain water, wastewater, and stormwater lines located in said easement.

(d) No excavations or fill shall be performed within rights-of-way or easement without a plan approved by the public works director. The public works director may or may not approve said plan. (Ord. No. 4006, § 32, 3-30-92; Ord. No. 4080, § 1, 8-30-93; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

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

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

(b) In the event the city council approves connections to city water and wastewater utilities for real property located outside the city limits, all utility main line extensions shall be up to and beyond the private property being developed for loop closures and/or future development. Owners of real property located outside the city limits and adjacent to the city limits shall apply for annexation into the city prior to extension of utility service. Owners of real property located outside the city limits, not adjacent to the city limits and connecting to city water and/or wastewater utilities shall agree to apply for annexation into the city of Lewiston of the real property connected to city water and/or wastewater utilities when said real property becomes adjacent to the city limits and eligible for annexation. Said agreement shall provide that the city may annex the real property being served by the city water and/or wastewater utility service at any time, in the city council’s sole discretion, after said real property becomes adjacent to the city limits and eligible for annexation. In the event the city council chooses to annex said real property and the owner of said real property does not agree to said annexation, then water and/or wastewater utility service shall be terminated. Said agreement shall be in writing, in a form acceptable to the city, executed by all legal owners of the real property and recorded with the Nez Perce County recorder as an encumbrance on the real property serviced by city water and/or wastewater utilities. (Ord. No. 4207, § 1, 2-2-98; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Secs. 36-336-30. Reserved.

ARTICLE II. WATER

DIVISION 1. GENERALLY

Sec. 36-31. Definitions.

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

City-owned property: Any property owned, operated or controlled by the city of Lewiston and used for the enjoyment and/or recreation of the citizens of Lewiston.

Director: The public works director of the city or other officials or persons duly designated to perform the duties thereof.

Irrigation usage: Water used for maintaining shrubs, grass or landscaping of property which is not returned to the city sanitary wastewater system for treatment.

Standard city service connections: A three-quarter-inch nominal internal diameter or one-inch internal diameter for lots of ten thousand (10,000) square feet or more, extending from the main to the property line, and including the necessary tap or shutoff, tapping saddle, pipe, fittings, curb cock and curb box, meter and meter box where the latter is necessary.

Any act or thing in this article required or authorized to be done by such official or by any official of the city may be done on behalf of such official by an authorized officer or employee of the city. (Code 1960, § 36-32; Ord. No. 3517, § 2, 2-11-80; Ord. No. 3788, § 5, 6-24-85; Ord. No. 4006, § 9, 3-30-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-32. Application for water connection – Generally.

(a) Any person desiring to have premises connected with the water supply system of the city shall present at the office of the public works director, or other place provided for the conduct of such business, the following information: If a new building, a copy of the building permit therefor; in any case, a description of the premises desired to be served by addition, block, lot and official house number as assigned to such premises by the public works department, together with an application for water service, prepared upon a printed form to be supplied for that purpose by the city.

(b) In addition to the description of the premises, such application shall state fully all purposes for which such water is to be used, the number of families to be supplied or other indication of the probable consumption, the size of the service pipe or connection believed to be necessary therefor, the name and address of the applicant and whether the applicant is the owner, authorized agent or contractor, and mailing address for billing purposes. (Code 1960, § 36-33; Ord. No. 3788, § 6, 6-24-85; Ord. No. 4006, § 10, 3-30-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-33. Private fire lines and automatic sprinkler systems.

(a) All fire lines into a structure must be separate from any other water service lines. When adequate sized fire lines exist, a fire line may serve more than one (1) structure as provided by subsection (j) of this section.

(b) The minimum annual charge for any structure served by a private fire line shall be established by resolution adopted by the city council.

(c) All fire lines hereinafter installed in any structure in the city shall be painted red.

(d) These minimum charges shall apply in all cases where automatic sprinklers are installed and where fire gates and other outlets are sealed.

(e) No charge will be made for water used in extinguishing fire.

(f) The inside diameter of the pipe leading to a fire hydrant shall determine the size of the hydrant.

(g) Should the water division find that water not metered is used through a fire connection for any purpose other than the extinguishing of fire upon the premises, the owner and occupant will be notified. If such improper conditions are not corrected within five (5) days, the water shall be shut off until proper adjustments are made. The owner of said property shall be subject to a fine as established by city council.

(h) If any fire protection service is installed outside the city, the same may be discontinued at the will of the city council and the connection with the main removed at the expense of the owner or occupant of the property served.

(i) All fire service connection between water mains and property lines shall be installed and maintained by the owner or occupant of the premises served, and shall be the property of the owner.

(j) At the time of making application for such services, the applicant shall file with the water division detailed plans showing all piping installed or to be installed for fire protection, all fire gates, automatic sprinklers and all other outlets, gates or appurtenances. Each fire service connection shall have a gate valve with an adequate valve box for maintenance by the property owner. Applications for a private fire line to serve more than one (1) structure shall be accompanied by a maintenance agreement providing for the maintenance obligation of the parties thereto and identifying the legal descriptions of the structures to be served. If the application meets the requirements of the fire and public works departments, the application shall be approved and any required maintenance agreement shall be recorded with the Nez Perce County recorder’s office at the applicant’s expense.

(k) All new and remodeled fire line connections, all change in flow fire line connections and all change in condition fire line connections shall have an approved backflow assembly, to be installed and located in an accessible area for annual testing, as provided in section 36-56 of this code (cross-connections). Such connections shall include a detector assembly alongside the backflow prevention assembly to determine unauthorized use of water.

(l) No fire service connection larger than six (6) inches in diameter shall be installed without special permission from the director.

(m) The city will perform the tap only, unless the tap is of equal size as the main, then the city will monitor the tie-in. All materials and labor except for tapping the main line shall be the responsibility of the owner. Such charge shall be paid prior to the installation.

(n) Such charge shall be paid by the applicant. (Code 1960, § 36-43; Ord. No. 2325, § 2; Ord. No. 3338, § 1, 12-6-76; Ord. No. 3788, § 7, 6-24-85; Ord. No. 4006, § 11, 3-30-92; Ord. No. 4080, § 17, 8-30-93; Ord. No. 4123, § 1, 4-3-95; Ord. No. 4226, § 1, 12-14-98; Ord. No. 4335, § 9, 8-25-03; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-34. Service connections – Required.

(a) Each commercial building or residence shall have a separate service connection; however, this requirement may be waived as provided hereafter or upon submission of an alternate plan approved by and thereafter constructed under the direction of the public works director. In those areas of the city zoned R-2, R-3 or R-4, one (1) water service line for one (1) or more water meter connections will be allowed when a condominium or townhouse development is intended for individual ownership; however, if ownership changes from individual to multi then each unit shall be required to have an individual meter connection. The size of the service line shall be determined by the public works director based on the number of residential units to be served. A residential accessory use building as allowed in Lewiston City Code shall not be required to have a separate water service connection to the public water main on lots where the accessory use building cannot be split off and sold separately from the principal use building.

(b) No other service connections shall be allowed within the city’s water service area except to the city’s potable water supply. Those commercial services in existence shall be subject to inspection for a backflow prevention assembly installed as warranted. Such service connection will be subject to an annual inspection fee as established by resolution adopted by the city council and testing of all sources as determined by the city. All residential connections from other sources shall be discontinued.

(c) No person whose premises are supplied with city water shall furnish water to additional persons or premises.

(d) No individual water service under eight (8) inches will be allowed on city water feeder mains. Individual customer services three-quarter (3/4) inch to four (4) inches and fire line taps from four (4) inches to six (6) inches will be allowed on city supply mains only. Eight-inch taps will be allowed for looped systems, subdivisions and fire hydrants and shall be approved by the public works director and any other appropriate authorities. (Code 1960, § 36-44; Ord. No. 3788, § 8, 6-24-85; Ord. No. 4006, § 12, 3-30-92; Ord. No. 4116, § 1, 11-14-94; Ord. No. 4207, § 7, 2-2-98; Ord. No. 4246, § 5, 8-23-99; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-35. Service connection – Charges.

(a) Before a service connection is installed, the property owner shall pay the city both an “equity buy-in” fee and a service connection charge as hereinafter set forth; provided, that the minimum meter size on all new service connections shall be three-fourths (3/4) inch on lots less than ten thousand (10,000) square feet in area and one (1) inch on all lots over ten thousand (10,000) square feet in area, or as required by fixture unit load of the currently adopted Idaho Plumbing Code.

(b) The equity buy-in and service connection fee shall be established by resolution adopted by the city council. (Code 1960, § 36-45; Ord. No. 3155, § 4, 7-30-73; Ord. No. 3304, § 2, 3-8-76; Ord. No. 3788, § 9, 6-24-85; Ord. No. 3898, § 20, 1-4-88; Ord. No. 4006, § 13, 3-20-92; Ord. No. 4080, § 18, 8-30-93; Ord. No. 4096, § 2, 3-28-94; Ord. No. 4109, § 5, 8-29-94; Ord. No. 4116, § 2, 11-14-94; Ord. No. 4143, § 3, 8-28-95; Ord. No. 4168, § 4, 9-16-96; Ord. No. 4207, § 8, 2-2-98; Ord. No. 4223, § 3, 9-21-98; Ord. No. 4246, § 6, 8-23-99; Ord. No. 4267, § 5, 8-28-00; Ord. No. 4295, § 5, 8-27-01; Ord. No. 4317, § 5, 9-9-02; Ord. No. 4335, § 10, 8-25-03; Ord. No. 4358, § 2, 9-13-04; Ord. No. 4407, § 2, 8-22-05; Ord. No. 4447, § 2, 8-28-06; Ord. No. 4483, § 1, 8-27-07; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-36. Connection when premises not abutting on water main.

(a) In case of application for water service from premises not abutting upon a city water main, the city may lay its service connection from the main toward the premises a distance equal to the distance from the main to the property line at right angles thereto, but in no case a greater distance than sixty (60) feet, and there permit connection to be made with a union to a private water main laid and maintained by the owner of the premises desired to be served, or

(b) The city may, upon the payment into the operating fund of the water division by the applicant of a sufficient sum to cover one-half (1/2) of the cost thereof, extend the service main toward the premises of the applicant along and beneath any street, alley or highway of the city, but not elsewhere, to a total distance of not exceeding three hundred (300) feet.

(c) In case of application for the relocation or extension of an existing water service from premises not abutting upon a city water main, the city may, at the city’s cost, lay the service connection a maximum of sixty (60) feet from the main line toward the premises. Where the service line extension or relocation exceeds sixty (60) feet, the property owner shall reimburse the city for the cost of the relocation or extension in excess of sixty (60) feet. Prior to relocation or extension of an existing water service not abutting a water main, the city shall determine whether a main line extension is warranted. When it is determined that extension of the main line is justified, the provisions in subsection (b) of this section shall apply.

(d) The payment by the applicant of such portion of the cost of such extension shall not vest in such person any right or claim to ownership of the extension. (Code 1960, § 36-46; Ord. No. 3788, § 10, 6-24-85; Ord. No. 4006, § 14, 3-30-92; Ord. No. 4147, § 1, 10-30-95; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-37. Check or pressure valves.

(a) Where it is deemed necessary to protect the city’s water meter from hot water or steam, the public works director or authorized representative shall have the right to order the owner or water user to install an approved backflow prevention assembly, as provided in section 36-56 of this code.

(b) After the effective date of this code all new construction within the city shall have an approved pressure-regulating valve installed at the property owner’s expense on the owner’s water system. (Code 1960, § 36-47; Ord. No. 2552, § 6; Ord. No. 3788, § 11, 6-24-85; Ord. No. 3898, § 21, 1-4-88; Ord. No. 4006, § 15, 3-30-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-38. Private water lines within the public right-of-way.

(a) All persons connecting to a city-owned water line and laying their own private water lines thereto shall use approved type K copper pipe up to and including two (2) inches in nominal diameter and ductile iron pipe in cases of larger sizes for installations in public right-of-way (refer to section 36-35 of this code for details of pipe size in relation to meter size).

(b) All such private lines shall be laid not less than four (4) feet below the surface of the ground or equal distance below the established grade of any street where such grade is established.

(c) If any such private main be laid in a street or highway where no grade has been established and such grade is established at some later date, the public works director may require the consumer using such private main at that time to relay such private main in such manner as to protect it from frost damage. (Code 1960, § 36-49; Ord. No. 2552, § 7; Ord. No. 3788, § 12, 6-24-85; Ord. No. 4006, § 16, 3-30-92; Ord. No. 4080, § 19, 8-30-93; Ord. No. 4096, § 3, 3-28-94; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-39. Reserved.

Editor’s note – Ord. No. 4080, § 20, adopted Aug. 30, 1993, repealed § 36-109, Stop and waste cocks. Former § 36-109 derived from Code 1960, § 36-50, as amended by Ord. No. 3788, § 13, adopted June 24, 1985. Ord. No. 4603, adopted Sept. 23, 2013, renumbered § 36-109 as 36-39.

Sec. 36-40. Connections and repairs to be made by licensed plumbers.

Except as hereinafter provided, no person except a licensed plumber shall carry on the business of plumbing, insofar as it comprises the making of connections to any service connection or the making of any repairs, additions or alterations of any pipe, stop and waste cock or any other assembly connected with or designed to be connected with the city water supply system. (Code 1960, § 36-51; Ord. No. 3788, § 14, 6-24-85; Ord. No. 4006, § 17, 3-30-92; Ord. No. 4080, § 21, 8-30-93; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-41. Connections by owners – Permitted.

The public works director may permit the owner of any premises to make his own connections with a service connection within the property line if convinced that the owner is properly equipped to safely do the work so that the city is not likely to suffer loss thereby. The city may require a reasonable deposit to ensure the character of the work done. (UPC 27-19.) (Code 1960, § 36-52; Ord. No. 3788, § 15, 6-24-85; Ord. No. 4006, § 18, 3-30-92; Ord. No. 4080, § 22, 8-30-93; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-42. Connections by owners – Trench to be left open for inspection.

(a) Whenever the owner or duly authorized agent of any premises connected to the city water supply system shall desire to use the water, they shall request the public works director to have the water turned on and service begun.

(b) The owner or duly authorized agent shall leave his portion of the trench containing the service connection open until the same has been properly inspected and the water turned on, when he shall immediately and properly cover such pipe. (Code 1960, § 36-53; Ord. No. 3788, § 16, 6-24-85; Ord. No. 4006, § 19, 3-30-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-43. Reserved.

Editor’s note – Ord. No. 4080, § 23, adopted Aug. 30, 1993, repealed § 36-113, Building official to report inspections. Former § 36-113 derived from Code 1960, § 36-54, as amended by Ord. No. 3788, § 17, adopted June 24, 1985, and Ord. No. 4006, § 20, adopted March 30, 1992. Ord. No. 4603, adopted Sept. 23, 2013, renumbered § 36-113 as 36-43.

Sec. 36-44. Use of street key for shutoffs.

(a) No person, other than a licensed plumber or authorized city employees, shall possess or use any street key for the purpose of shutting off the city curb cock.

(b) All plumbers shall leave the city curb cock shutoff on all premises which are newly connected with the city water supply system and in all other cases in the condition in which it was found.

(c) This requirement shall not be construed in any way to relieve any plumber from making the necessary applications and from complying in all respects with the other requirements of this article.

(d) In case of the failure of any plumber to properly conform to the applicable requirements of this chapter, the public works director may cause the same to be remedied and shall cause the cost of the same, together with any fees or penalties which may have accrued thereon, to be charged to the plumber.

(e) No further permit shall be issued to such plumber until all costs charged to the plumber shall be paid in full.

(f) If the payment of all costs charged to a plumber is not forthwith made and after due hearing before the city council, no further permit shall be issued to such plumber to make water connections for a period of one (1) year thereafter. (Code 1960, § 36-55; Ord. No. 3788, § 18, 6-24-85; Ord. No. 4006, § 21, 3-30-92; Ord. No. 4080, § 24, 8-30-93; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-44.1. Meter tampering.

Where it is determined by the water division that the city curb cock shutoff has been tampered with and damaged and is not in the “on” or “off” position as recorded by the city, the property owner of the premises in question shall be assessed a fee of the actual costs of repair or a minimum fee as established by resolution adopted by the city council per occurrence to be charged with the regular utility billing. (Ord. No. 3952, § 2, 7-24-89; Ord. No. 4006, § 22, 3-30-92; Ord. No. 4080, § 25, 8-30-93; Ord. No. 4335, § 11, 8-25-03; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-45. Director shall give notice before shutoff for violations.

In the case of violation of any of the sections of this chapter, the public works director shall serve a written notice of the violation to the owner of the premises in violation. If the violation has not been corrected to the satisfaction of and in accordance with the standard of the city water division within twenty-four (24) hours after the service of said notice, the public works director shall turn off the water to the premises. The water shall not be turned on until the noticed violation is corrected and a turn on fee and any other applicable fees have been paid in full. In case of a public health or safety emergency the public works director may turn off the water immediately and without notice. (Code 1960, § 36-62; Ord. No. 3542, § 7, 9-15-80; Ord. No. 3788, § 19, 6-24-85; Ord. No. 4006, § 23, 3-30-92; Ord. No. 4080, § 26, 8-30-93; Ord. No. 4335, § 12, 8-25-03; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-46. Hydrants – Interference with, connection, etc.

(a) No person, except one (1) duly authorized by the public works director or the fire department, shall open, close, operate, turn on, turn off, interfere with, attach any pipe or hose to or connect anything with any fire hydrant, standpipe, stop valve, stopcock, or meter belonging to the city; nor shall any person make any connection with any water main or water pipe belonging to the city water supply system without due authority first having been obtained from the public works department.

(b) An approved backflow prevention assembly or appropriate air gap will be required on any vehicle or equipment that will be connecting to any hydrant or any appurtenances of the city’s whether it is metered or not.

(c) For other than fire suppression and fire hydrant testing, a hydrant meter permit is required of any person desiring to use a fire hydrant. The minimum charge shall be as established by resolution adopted by the city council plus the actual cost of the water consumed. A deposit fee as established by resolution adopted by the city council shall be required before a hydrant meter permit is issued. The deposit fee shall be refundable upon removal by the city of the undamaged meter and backflow prevention assembly and upon finding the fire hydrant undamaged. If damage is found to either the meter, backflow prevention assembly or fire hydrant, the deposit fee shall be forfeited. When an installed hydrant meter is not being used for the period of one (1) month, it shall be removed by the city or payment of the minimum charge for that month shall be required.

(d) Anyone found using a hydrant, hydrant meter or an approved backflow prevention assembly without a permit shall be assessed a fee and shall be levied on the next billing period, to the business/property owner using the water illegally. (Code 1960, § 36-64; Ord. No. 3788, § 20, 6-24-85; Ord. No. 4006, § 24, 3-30-92; Ord. No. 4080, § 27, 8-30-93; Ord. No. 4335, § 13, 8-25-03; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-47. Hydrants – Obstructions, drawing water; damage to same.

(a) No person shall obstruct the ready access to any fire hydrant by placing around or thereon any stone, brick, lumber, dirt or other material, attempt to draw any water therefrom or willfully or carelessly damage the same.

(b) In the event that any person shall willfully, carelessly or otherwise damage or break any fire hydrant, street standpipe, public drinking fountain, water main or other appurtenance connected with the city water supply system, he/she shall at once report the occurrence to the public works director or police with his/her name and address and he/she will pay the cost of the repairs or replacements made necessary thereto. (Code 1960, § 36-65; Ord. No. 3788, § 21, 6-24-85; Ord. No. 4006, § 25, 3-30-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-48. Water for construction operations.

(a) Water for construction operations may be supplied only at schedule rates. The owner or contractor desiring the service may be required to make such a deposit with the public works director as will, in the latter’s opinion, secure the city against the nonpayment of all charges and penalties.

(b) Should no service connection be available at the desired point, the public works director may make a special service connection therefor and shall charge the cost of such work of installation and removal, less the salvage of the material recovered, to the account of the applicant or deduct it from any deposit made as above prescribed. (Code 1960, § 36-66; Ord. No. 3788, § 22, 6-24-85; Ord. No. 4006, § 26, 3-30-92; Ord. No. 4080, § 28, 8-30-93; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-49. Taking water from other premises after shutoff prohibited.

When water has been shut off at any premise for lack of payment of charges or penalties or for any other cause, no one occupying such premises shall take water from any other premises connected with the city water supply system, nor shall any person permit such taking of water. (Code 1960, § 36-68; Ord. No. 3788, § 23, 6-24-85; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-50. Sprinkling persons on streets and sidewalks.

No person shall willfully place or permit any automatic sprinkling device or hold any hose in such position or manner that water therefrom falls on any person while on any public street, alley, highway or sidewalk. The public works director may shut off the water of any person violating this section. (Code 1960, § 36-69; Ord. No. 3788, § 24, 6-24-85; Ord. No. 4006, § 27, 3-30-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-51. Right of city to shut off water.

For repairs or other necessary purposes the city water may be shut off from any or all water mains, without notice. The city shall not be liable for any damages for terminating the water supply. (Code 1960, § 36-70; Ord. No. 3788, § 25, 6-24-85; Ord. No. 4080, § 29, 8-30-93; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-52. Steam boiler connections.

Water for high pressure or other steam boilers shall not be drawn directly from the city mains, but shall in all cases be first fed into a suitable tank of sufficient capacity to supply needed water for at least one-half (1/2) day. (Code 1960, § 36-71; Ord. No. 3788, § 26, 6-24-85; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-53. Connections for ice and cold storage plants.

(a) No ice machine or cold storage plant shall be connected in any manner with the city water supply system, so that water which has been used in any part of such machine or plant will or may be returned after use into the city mains.

(b) All water so used shall be at once discharged into the wastewater lines or other proper place of disposal. (Code 1960, § 36-72; Ord. No. 3788, § 27, 6-24-85; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-54. Wasting water prohibited.

(a) No person shall waste water or allow it to be wasted by imperfect or leaking stop valves; check valves; other valves, faucets, pipes, fittings, fixtures or devices of any kind for the utilization and control of water supply or allow any faucet or valve to run wholly or partly open for the prevention of freezing or for any other reason or use the water for any purpose other than those upon which his contract is based or use water in any way in violation of any provision of this article. In case of the neglect or failure to comply with these requirements for the proper maintenance of plumbing and fixtures and the proper use of water, the public works director may shut off the water until proper repairs are made and the required penalty paid.

(b) In addition to other penalties imposed by this code upon the conviction of any person for the violation of the provisions of this section, the water on such premises shall be shut off and shall not be again turned on until all penalties incurred have been fully paid. (Code 1960, § 36-73; Ord. No. 3788, § 28, 6-24-85; Ord. No. 4006, § 28, 3-30-92; Ord. No. 4080, § 30, 8-30-93; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-55. Pollution, destruction, etc., of water supply prohibited.

(a) No person shall place or cause to be placed any offal, garbage, refuse, matter or other unwholesome, injurious or poisonous substance in any part of the city water supply system or over the sources of water supply, pipes, reservoirs or water plants. No person shall wash or bathe in any city water source, reservoir or plant. Nor shall any person injure or offer or attempt to injure the water supply of the city or any part of the plant or equipment maintained for that purpose.

(b) Any physical arrangement whereby the city’s domestic water supply is connected directly or indirectly with any other water supply system, wastewater line, drain, conduit, pool, storage or reservoir, plumbing fixture, or other device which contains, or may contain contaminated water, wastewater, or other waste or liquid which would be capable of imparting contamination to the domestic supply as a result of backflow is prohibited.

(c) The consumer has the responsibility of preventing actual and potential contamination of the city water system and the consumer’s own system. The consumer’s responsibility begins at the point of delivery from the city and includes all of the consumer’s water system. The consumers, at their own expense, shall install and maintain USCEC approved backflow prevention assemblies as directed by the city. Backflow prevention assemblies installed on lawn sprinkler or irrigation systems may be installed, upon obtaining proper permits, by the property owner, plumber or other lawn sprinkler or irrigation system installer. Backflow prevention assemblies installed on all other systems shall be installed by a certified plumber. A list of approved backflow prevention assemblies and certified plumbers shall be maintained at the public works department. All backflow prevention assemblies shall be tested by a licensed tester certified by the state of Idaho, before being placed into service. (Code 1960, § 36-74; Ord. No. 3788, § 29, 6-24-85; Ord. No. 4039, § 1, 4-20-92; Ord. No. 4080, § 31, 8-30-93; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-56. Cross-connections.

(a) Responsibility of city. The city of Lewiston has the primary responsibility to protect the city-owned potable water system from actual and potential contamination by objectionable and hazardous liquids, solids and gases. The city’s responsibility includes the total water system and extends from the source of supply to the point of delivery to the consumer’s water system. It is also the city’s responsibility to ensure that the consumer has taken proper steps to protect the city’s potable water system from actual and potential contamination from the consumer’s water system.

(b) Prohibited. Except as approved by the State Department of Health of the state of Idaho, hereinafter referred to as the Health Department, all cross-connections as herein defined, whether or not cross-connections are controlled by automatic devices such as check valves or by hand-operated mechanisms, such as gate valves or stopcocks, are hereby prohibited.

(c) Definitions. For the purpose of this regulation, cross-connections are defined as follows:

(1) Any bypass, being defined as any physical arrangement whereby water may be diverted around any feature of the purification process of the city.

(2) Any emergency intake or secondary intake being defined as an intake or other device capable of introducing water into the public water system from a source of supply which, because of its unsafe characteristics, has not been approved for drinking and culinary purposes by the Health Department.

(3) Any other cross-connection as defined in the Manual of Cross-Connection Control published by the Foundation for Cross-Connection Control Research, University of Southern California, current edition.

a. A cross-connection is a point in a plumbing system where the potable water supply is connected directly or can be connected directly to a nonpotable source.

b. Air gap separation means the vertical physical separation between a supply line and the overflow rim of a receiving vessel. This separation must be at least twice the inside diameter of the supply line, but never less than one (1) inch.

c. Auxiliary supply means any water source or system, other than the public water supply, that may be available in the building or premises.

d. Backflow means the flow other than the intended direction of flow, of any foreign liquids, gases, or substances into the distribution system of a public water supply.

e. Back pressure means backflow caused by a pump, elevated tank, boiler, or other means that could create pressure within the system greater than the supply pressure.

f. Back siphonage means a form of backflow due to a negative or sub-atmospheric pressure within a water system.

g. Backflow prevention assembly means an assembly to counteract back pressures or prevent back siphonage.

h. Double-check valve assembly means an assembly composed of two (2) single, independently acting check valves, including tightly closing shutoff valves located at each end of the assembly and suitable connections for testing the water tightness of each check valve.

i. Reduced-pressure principle backflow prevention assembly means an assembly incorporating two (2) or more check valves and an automatically operating differential relief valve located between the two (2) checks, two (2) shutoff valves, and equipped with necessary appurtenances for testing.

j. A water purveyor is the owner or operator of the public potable water system supplying water for public use.

k. Approved means approved in writing by the Department of Health and Welfare, Department of Environmental Quality or other agency having jurisdiction.

l. Atmospheric vacuum breaker (AVB) means an assembly which contains a float check (poppet), a check seat, and an air inlet port. When water pressure is reduced to gauge pressure of zero (0) or below, air enters the device preventing back siphonage. An atmospheric vacuum breaker is designed to protect against back siphonage only.

m. Pressure vacuum breaker (PVB) means an assembly consisting of a spring-loaded check valve (three (3) inches and larger consisting of two (2)), an independently operating air inlet valve, inlet and outlet shutoff valves and properly installed test cocks. The air inlet valve is internally loaded to the open position, normally by the means of a spring. This internal loading allows the device to be installed on the pressure side of a shutoff valve. It is designed to protect against back siphonage only.

n. Internally loaded check valve means a check valve, which is internally loaded, either weighted or spring loaded, to the extent it will be drip tight in the direction of flow with a one (1) psi differential.

(4) The provisions of this section shall apply to all existing and all new construction utilizing the city’s water system.

(d) Inspection.

(1) The city shall review all water service connections and evaluate the degree of hazard and the type of protection needed to comply with the requirements of the State of Idaho Rules for Public Drinking Water Systems (Section 58.01.08). Where potential or actual cross-connections exist, the city shall notify the water consumer of the type of backflow prevention assembly that must be installed to provide adequate protection to the city’s water system. The consumer shall proceed with the installation of the assembly at the location recommended by the city. When possible, the assembly shall be installed at the point of service delivery.

A state of Idaho-certified backflow assembly tester shall test all backflow prevention assemblies a minimum of one (1) time each twelve (12) months. A list of approved certified backflow assembly testers will be available through the public works department. When a defective assembly is discovered, the consumer shall repair the defective assembly within time limits specified by the city.

The tester shall be responsible for the accuracy of all tests and reports prepared by the tester. The water division must receive a copy of all test reports within ten (10) days of the final test, and a “TAG” containing the tester’s name and date of satisfactory test shall be attached to the assembly. Any backflow prevention assembly left in a failed (nonpassing) condition, creating a potential threat to the potable water supply, must be reported to the water division within twenty-four (24) hours. The registration issued to any assembly tested may be revoked or suspended by the water division for improper testing or reporting.

A report sheet shall be filled out and completed by the certified backflow assembly tester after each test and upon completion of any repairs. Each test result shall be submitted to the city. A report sheet shall be filled out and completed by the certified backflow assembly tester after installation, upon completion of any repairs, and annually. Test reports shall be sent to the city cross-connection control specialist.

An old assembly no longer on the lists will be accepted, as long as it passes its annual test or can be repaired to pass the annual test.

(2) No underground sprinkling device will be installed without an approved backflow prevention assembly at the point at which the water for irrigation is taken from the domestic water system. Atmospheric vacuum breakers will not be approved for this type of installation.

Where there may be a separate system for irrigation purposes, it should never enter the consumer’s residence or structure. Said system should terminate at least two (2) feet outside the residence or structure.

(3) An approved backflow prevention assembly shall be installed on each service line to a customer’s water system at or near the property line or immediately inside the building being served; but in all cases, before the first branch line leading off the service line wherever the following conditions exist:

a. In the case of premises having an auxiliary water supply that is not or may not be of safe bacteriological or chemical quality and that is not acceptable as an additional source by the health department, the public water system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line, appropriate to the degree of hazard.

b. In the case of premises on which any industrial fluids or any other objectionable substances are handled in such a fashion as to create an actual or potential hazard to the public water system, the public system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line, appropriate to the degree of hazard. This shall include the handling of process waters and waters originating from the utility system that have been subject to deterioration in quality.

c. In the case of premises having (1) internal cross-connections that cannot be permanently corrected and controlled, or (2) intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not dangerous cross-connections exist, the public water system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line.

(4) The type of protective assembly required under subsections (3)(a), (b), and (c) of this section shall depend upon the degree of hazard that exists as follows:

a. In the case of any premises where there is an auxiliary water supply as stated in subsection (3)(a) of this section and is not subject to any of the following rules, the public water system will be protected by an approved air-gap separation of an approved reduced-pressure principle backflow prevention assembly.

b. In the case of any premises where there is water or substance that would be objectionable but not hazardous to health if introduced into the public water system, the public water system shall be protected by an approved double-check valve assembly.

c. In the case of any premises where there is any material dangerous to health that is handled in such a fashion as to create an actual or potential hazard to the public water system, the public water system shall be protected by an approved air-gap separation or an approved reduced-pressure principle backflow prevention assembly. Examples of premises where these conditions will exist include sewage treatment plants, sewage pumping stations, chemical manufacturing plants, hospitals, mortuaries and plating plants.

d. In the case of any premises where there are “uncontrolled” cross-connections, either actual or potential, the public water system shall be protected by an approved air-gap separation or an approved reduced-pressure principle backflow prevention assembly at the service connection.

e. In the case of any premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete in-plant cross-connection survey, the public water system shall be protected against backflow from the premises by either an approved air-gap separation or an approved reduced-pressure principle backflow prevention assembly for each service to the premises.

f. In the case of any premises where, in the opinion of the water division, an undue health threat is posed because of the presence of extremely toxic substances, the water division may require an air-gap at the service connection to protect the public water system. This requirement will be at the discretion of the water division and is dependent on the degree of hazard.

(5) Existing structures. Annual inspections shall be made of all buildings, structures or improvements of any nature, now receiving water through the city’s system for the purpose of ascertaining whether any cross-connections exist. Such inspections shall be on a continuing, rotating basis and shall be made by city authorized personnel certified by the Idaho Bureau of Occupational Licenses or the Health Department.

Such inspections shall be for the purpose of establishing the water uses on the premises, the existence of any possible cross-connections, the availability of pollutants, contaminants and other liquid, solid or gaseous substances which may be used industrially for stabilization of water supplies, and may also include such other inspections and/or processes as are necessary for determining whether a health hazard exists upon the premises.

(6) Representatives of the State Health Department or the U.S. Public Health Service or Idaho DEQ or EPA shall have the right to accompany city personnel on any inspection and may request inspections or may reinspect as they may deem necessary.

(7) The city water system may be required to be protected by either a double-check valve assembly or a reduced-pressure principle backflow prevention assembly whenever a consumer’s water system incorporates only atmospheric vacuum breakers to prevent back siphonage.

(e) Correction, reinspection. If the city determines that by reason of a cross-connection a health hazard exists upon any premises inspected, the same shall be corrected by the landowner, at the landowner’s expense.

The city has the right to direct the landowner as to a minimum acceptable procedure for correcting the situation. Standards shall be based upon the latest edition of the Cross-Connection Control Manual, Accepted Procedures and Practice.

The time limit as to the installation of a newly required assembly will be dependent upon the degree of health hazard that is present to the city’s water supply. The higher the hazard, the shorter the time limits.

The representative of the city, in cooperation with the Idaho State Health Department, shall determine a reasonable time within which the property owner shall complete such correction and shall reinspect the premises after the expiration of such period of time.

(f) Penalties. If the department of public works determines that a parcel or lot within the city of Lewiston has an improper cross-connection, the public works director shall provide notice to the property owner that the cross-connection problem must be remedied and give the owner time to correct the problem. If the owner refuses to allow department personnel access to the property to assess the extent of the problem or if the owner refuses to timely correct the problem, the director may shut off water to the parcel or lot and all premises on that land. The water will not be restored until all problems are corrected and the owner has paid all fees and/or costs incurred by the city in enforcing the provisions of this section.

(1) When an assembly has been required and installed and tested, it is not to be removed or tampered with in any way except by an authorized plumber with prior approval by the city’s authorized personnel. Any violation shall be a misdemeanor and punishable as follows:

First violation:

$500.00 fine

Second violation:

$750.00 fine and possible jail (3-month sentence)

Third violation:

$1,000.00 fine and possible jail (6-month sentence)

Any violation will result in immediate termination of water service until said violation is corrected. Any fine will be levied on the next billing schedule or may be required to be paid prior to having service reestablished.

(2) Assemblies that have been installed on lawn sprinkling or irrigation systems for the purpose of protecting the domestic water supply may be tested by a certified backflow prevention assembly tester with the original copy of the form results being sent to the city. These assemblies are to be tested annually, preferably prior to the irrigation or sprinkling season. Faulty assemblies will be required to be corrected within seven (7) days of the failed test.

Anyone who files a fraudulent form or fails to perform the physical test shall be assessed a civil penalty as follows:

First violation:

$500.00

Second violation:

$750.00

Third violation:

$1,000.00

(g) Attorney’s fees. In the event it shall become necessary for the city to incur any attorney fees or court costs in order to enforce the provisions of this section concerning cross-connections, the amount of such fees and costs shall be paid by the property owner before water service is restored to the premises.

(h) Installation. Whereas it is deemed necessary for a reduced-pressure backflow assembly (RPBA) to be installed for protection of the public system, said assembly shall never be placed below ground level or in a vault/pit or other structure except with these minimum requirements:

(1) Twelve (12) inches plus the nominal diameter of the assembly clearance below the assembly.

(2) Area is able to be drained to daylight, with a line at least twice the size of the assembly.

(3) Drain line to be unrestricted in flow characteristics. Drain line is to have magnetic door to prevent rodents from entering and to prevent plugs from occurring.

(4) Will not be subjected to flood conditions/submerged.

(5) At least twelve (12) inches’ clearance from the walls of the vault or structure.

(6) Access to the area of the assembly by an authorized employee of the city is unrestricted and attainable (e.g., not covered in any way for beautification’s sake). (Code 1960, § 36-74.1; Ord. No. 3011, §§ 1 – 4, 2-8-71; Ord. No. 3788, § 30, 6-24-85; Ord. No. 4039, § 2, 4-20-92; Ord. No. 4080, § 32, 8-30-93; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-57. Right of entry of water division employees.

No person shall refuse, neglect or fail to afford any duly authorized representative of the water division free access at all reasonable hours to any and all parts of buildings or premises supplied with water from the city water supply system for the purpose of making records, readings and inspections of the location, condition and sufficiency of pipes, fittings, valves, cocks, fixtures and appliances and noting the amount of water used and the manner in which it is used. Violation of this section or the abuse, threatening or attempted intimidation of any employee of the water division may result in the shutting off of the water and the imposition of penalties, in addition to punishment for violation of this section as provided in this code. (Code 1960, § 36-75; Ord. No. 3788, § 31, 6-24-85; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-58. Domestic water conservation.

(a) Due to the general drought conditions and the heavy demands being made upon the city’s water treatment and transmission facilities, the city council of the city of Lewiston hereby finds and declares that steps must be taken to conserve the city’s supply of domestic water. The city council further finds and declares that the provision of domestic water to all inhabitants for household purposes is of greater importance than is the providing of water for lawn, garden, and shrubbery irrigation.

(b) The city manager in consultation with the public works director is hereby authorized and directed to formulate in writing rules and regulations for the conservation of domestic water within the city of Lewiston, including, but not limited to, the limitation of use of water for lawn, garden, and other irrigation purposes. Such rules and regulations, when approved by the city council, shall have the full force and effect of law. Copies of such rules and regulations shall be kept at the office of the public works director and the city clerk and shall be available for inspection by the public during normal business hours. In addition, such rules and regulations, when promulgated and approved by the city council, shall be published not less than once in the local paper. Such rules and regulations may, from time to time, be amended by the city council, and any such amendment shall likewise be available for public inspection and published in the local paper.

(c) The water division shall provide such inspection and enforcement services and procedures as the city manager may direct.

(d) Two (2) or more willful violations of any rules or regulations so promulgated shall constitute grounds for discontinuing water service to the premises of the person or persons so violating such rules and regulations, in which event the service shall not be reconnected until ordered by the city manager. No service shall be disconnected except upon order of the city manager after written notice to the owner of the premises concerned.

(e) A willful violation of any rule or regulation shall be an infraction, punishable by a fine of not more than one hundred dollars ($100.00). Each day the violation continues shall be considered a separate violation. (Ord. No. 3373, §§ 1 – 5, 7-11-77; Ord. No. 3788, § 32, 6-24-85; Ord. No. 4006, § 29, 3-30-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Editor’s note – Section 36-58 is derived from Ord. No. 3373, §§ 1 – 5, which ordinance was nonamendatory of this code.

Sec. 36-59. Violation a misdemeanor.

Unless otherwise specified, any violation of the provisions of this article is hereby declared to be a misdemeanor and is punishable by a fine of up to one thousand dollars ($1,000.00), imprisonment up to six (6) months, or both. (Ord. No. 3788, § 33, 6-24-85; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-60. Reserved.

DIVISION 2. METERS

Sec. 36-61. Copies of article to be available.

A copy of this article may be obtained by all owners of property and consumers of water and shall be construed to be an integral part of the contract made between the city and every such water consumer. (Code 1960, § 36-76; Ord. No. 3788, § 34, 6-24-85; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-62. Required.

All water furnished to consumers shall be furnished through meters, except as provided in section 36-33 of this code. (Code 1960, § 36-77; Ord. No. 3788, § 35, 6-24-85; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-63. Installation; accounts to be kept.

(a) For every service location the water division shall install a suitable meter and make readings thereof.

(b) The meter readings shall be entered in the books of the city and the amounts due thereon computed. In the event of snow cover or extreme low temperature, the public works director may find that reading of a meter may result in damage to the meters and impose a minimum consumption. Charges for that consumption will be taken from the schedule of rates. If the minimum consumption imposed is greater than the actual consumption, a credit will be given to the account on the next billing. If the minimum consumption is less than the actual consumption, the account shall be adjusted accordingly.

(c) The administrative services director shall keep accounts of all consumers of water, a separate account for each separate service or premises, with all charges and penalties accrued. (Code 1960, § 36-78; Ord. No. 3788, § 36, 6-24-85; Ord. No. 4006, § 30, 3-30-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-64. Location; meters property of city.

(a) All meters shall be the property of the city. Meters shall not be removed from service except for test or repair, replacement or on abandonment or disconnection of the service.

(b) All meters shall be so located and maintained as to be readily accessible at all reasonable hours for reading, inspection and repair. (Code 1960, § 36-79; Ord. No. 3788, § 37, 6-24-85; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-65. Owner to pay for repair to meters.

In cases where a meter has been lost, injured or broken by or through the carelessness or negligence of the owners or occupants of the premises served, such meter shall be properly repaired and restored under the direction of the water division and the cost of replacement or restoration shall be charged against the owner or occupant of the premises. (Code 1960, § 36-80; Ord. No. 3788, § 38, 6-24-85; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-66. Turning water on after shutoff.

(a) When water has been shut off at any premises, either upon the application of the owner or for nonpayment of water charges or for any other cause, no person shall again connect such premises to the city water supply system except when specifically authorized to do so by the public works director.

(b) The public works director may authorize the water to be shut off at the main, or may remove a portion of the service connection in the right-of-way.

(c) If the city determines that a property is illegally connected to the city system which had previously been properly connected to the city system, then all penalties provided for in this code including a disconnection and reconnection fee shall be assessed. All penalties, charges and fees shall be paid before water service will be turned on. (Code 1960, § 36-59; Ord. No. 3542, § 4, 9-15-80; Ord. No. 3788, § 39, 6-24-85; Ord. No. 4006, § 31, 3-30-92; Ord. No. 4335, § 14, 8-25-03; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Secs. 36-6736-100. Reserved.

ARTICLE III. WASTEWATERS2

DIVISION 1. GENERALLY

Sec. 36-101. Definitions.

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

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

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

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

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

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

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

Wastewater: Water-carried human wastes or a combination of water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface, storm or other waters as may be present. (Code 1960, § 36-4; Ord. No. 2237, art. I, § 2; Ord. No. 3788, § 3, 6-24-85; Ord. No. 4080, § 13, 8-30-93; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-102. Treatment of wastewater, etc., before discharge.

No person shall discharge industrial waste or other polluted waters into any natural outlet within the city or any area under its jurisdiction any sanitary wastewater, except where suitable treatment has been provided in accordance with the provisions of this article. (Code 1960, § 36-5; Ord. No. 2237, art. III, § 2; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-103. Septic tanks, cesspools, etc., prohibited; exception.

(a) No person shall construct or maintain any privy, privy vault or cesspool within the city. Private septic systems or other facilities intended or used for the disposal of wastewater shall only be permitted on lots, as defined in section 37-3 of this code, created after August 7, 1995, where a public wastewater line is more than two hundred (200) feet from the newly created lot and where the newly created lot is one (1) acre in size or greater. On lots created before August 7, 1995, private septic systems or other facilities intended or used for the disposal of wastewater shall only be permitted on lots where a public wastewater line is more than two hundred (200) feet from the lot line and where the lot is ten thousand (10,000) square feet or greater in size.

(b) Should the legal description of any property which encompasses more than the minimum lot size provided above, including public right-of-way, but less than the minimum lot size when the right-of-way is excluded, the owner of real property may request a variance from the above requirement by submitting an application to the city manager. The application shall be reviewed by a committee comprised of the city’s public works department, the wastewater district wherein the real property is located, the North Central District Health Department and the State of Idaho Department of Environmental Quality. The committee shall make a recommendation to the city manager, who shall grant or deny the application. (Code 1960, § 36-6; Ord. No. 2237, art. III, § 3; Ord. No. 4133, § 1, 8-7-95; Ord. No. 4215, § 1, 6-22-98; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-104. Unauthorized openings, connections, use, etc.

No unauthorized person shall uncover, make any connection with or opening into, use, alter or disturb any public wastewater line without first obtaining a written permit from the public works director. No unauthorized person shall open, alter or disturb the streets or alleys of the city for the purpose of making connection with the public wastewater system without first obtaining a written permit therefor from the public works director. (Code 1960, § 36-7; Ord. No. 2237, art. III, § 4; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-105. Separate building wastewater line required for each building; exception.

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

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

(c) A residential accessory use building as allowed in the zoning code shall not be required to have a separate wastewater service connection to the public wastewater main on those lots where the accessory use building cannot be split off and sold separately from the principal building. (Code 1960, § 36-8; Ord. No. 2237, art. III, § 9; Ord. No. 4080, § 14, 8-30-93; Ord. No. 4207, § 3, 2-2-98; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-106. Connections with public wastewater line – Required; exception.

(a) Whenever there is a public wastewater line that is within two hundred (200) feet of a property line of a parcel or lot that is not connected to the public wastewater system, and on which there is any building or structure used for human occupation which use creates wastewater, that parcel or lot shall be connected to the public wastewater system by the owner of said parcel or lot at his/her expense. The owner will be given thirty (30) days public notice in the official newspaper of the city to do so. Installation and connection shall be commenced within thirty (30) days following such notice.

(b) Where a public wastewater line is not available under the provisions of this section, a private wastewater line and wastewater disposal system shall be constructed, connected and maintained in accordance with the provisions of this article. (Code 1960, § 36-9; Ord. No. 2237, art. IV, §§ 1, 3; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-107. City to make connection when owner fails to do so.

In the event the building wastewater line and connection required by the preceding section are not made within the time provided for following the notice, the public works director shall authorize the connection to be made and file a statement of the cost thereof with the city clerk.

A warrant shall be issued under the direction of the city manager against the wastewater fund for the payment of such cost. Such amount, together with penalty and interest as established by city council, shall be assessed against the property upon which such building wastewater line and connection has not been placed as required and shall become a lien on that property as provided by this article. Such total amount, when collected, shall be paid into the wastewater fund. (Code 1960, § 36-10; Ord. No. 2237, art. IV, § 2; Ord. No. 4080, § 15, 8-30-93; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-108. Septic tanks, cesspools, etc., to be abandoned and filled.

Whenever a public wastewater line becomes available to a lot or parcel served by a private wastewater disposal system and a direct connection is made to the public wastewater line, any septic tanks, cesspools and similar private disposal facilities shall be abandoned and filled with suitable material. (Code 1960, § 36-11; Ord. No. 2237, art. III, § 8; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-109. Permit for private wastewater line or building wastewater line – Required.

No person shall construct or commence the construction of a private wastewater line or private wastewater disposal system without first obtaining a written permit from the public works director or his/her designee. No person shall construct, extend, relay, repair or connect a building wastewater line without first obtaining a written permit from the public works director or his/her designee. In addition, a right-of-way permit shall be obtained from the public works department for the construction, extension, relay, repair or connection to comply with all conditions of said permit. (Code 1960, § 36-12; Ord. No. 2237, art. III, § 5; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-110. Application; fee; when effective.

(a) An application for any permit for a private wastewater line or private wastewater disposal system or building wastewater line shall be made on a form furnished by the city. The application shall be supplemented with such plans, specifications, and other information as may be deemed necessary by the public works director.

(b) All wastewater connection and equity buy-in charges will be established by resolution of the city council. (Ord. No. 3219, § 1, 7-1-74; Ord. No. 3975, § 4, 9-4-90; Ord. No. 4006, § 33, 3-30-92; Ord. No. 4080, § 16, 8-30-93; Ord. No. 4096, § 1, 3-28-94; Ord. No. 4109, § 4, 8-29-94; Ord. No. 4143, § 2, 8-28-95; Ord. No. 4168, § 3, 9-16-96; Ord. No. 4207, § 4, 2-2-98; Ord. No. 4223, § 2, 9-21-98; Ord. No. 4246, § 3, 8-23-99; Ord. No. 4267, § 4, 8-28-00; Ord. No. 4295, § 3, 8-27-01; Ord. No. 4317, § 3, 9-9-02; Ord. No. 4335, § 6, 8-25-03; Ord. No. 4358, § 1, 9-13-04; Ord. No. 4407, § 1, 8-22-05; Ord. No. 4447, § 1, 8-28-06; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-111. Private wastewater systems to comply with regulations of state and city.

The type, capacities, location and layout of a private wastewater system shall comply with all recommendations and regulations of the city of Lewiston and Department of Public Health of the state. No septic tank or cesspool shall be permitted to discharge into any public wastewater line, natural outlet or to ground surface. The owner shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the city. (Code 1960, § 36-14; Ord. No. 2237, art. III, § 7; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-112. Specification for connections and building wastewater lines.

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

Whenever located less than one (1) foot above the nearest adjacent wastewater manhole cover, floor drains subject to backflow or back pressure, or in the case of basement drains, shall be equipped with an approved backwater valve installed in the drains at the property owner’s expense. This section shall, from and after the effective date hereof, be applicable to all buildings within the corporate limits of the city; and the city shall not be liable for any damages which occur by the failure of any property owner to comply with the provisions of this section. (Code 1960, § 36-15; Ord. No. 2237, art. III, § 10; Ord. No. 4207, § 5, 2-2-98; Ord. No. 4246, § 4, 8-23-99; Ord. No. 4422, § 1, 11-28-05; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-113. Excavation for building wastewater lines.

(a) All excavations for building wastewater line installations shall be properly safeguarded with lights and barricades so that they are not a menace to public safety.

(b) All streets, sidewalks, alleys, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city and in accordance with city standards. (Code 1960, § 36-16; Ord. No. 2237, art. III, § 11; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-114. Liability to city for violations of this article.

Any person who violates any of the provisions of this article shall be liable to the city for any expense, loss or damage occasioned by the city by reason of such violation. (Code 1960, § 36-20; Ord. No. 2237, art. VIII, § 1; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-115. Violation a misdemeanor.

Any violation of the provisions of this article is hereby declared to be a misdemeanor and is punishable by a fine of up to one thousand dollars ($1,000.00), imprisonment of up to six (6) months, or both. (Ord. No. 3788, § 4, 6-24-85; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-116. No-fault wastewater back-up property protection.

As part of the contract for the provision of wastewater services to the customers of the city, and in consideration of payment of wastewater bills, the city agrees to reimburse its sanitary wastewater customers for up to ten thousand dollars ($10,000.00) of clean-up costs and property damages caused by a sanitary wastewater back-up, regardless of whether the city is thought to be negligent or otherwise legally liable for those damages, subject to the following conditions:

(1) The back-up must have resulted from a condition in the city’s sanitary wastewater system or lines and not from a condition in a private line.

(2) The back-up must not have been caused by catastrophic weather or other event for which Federal Emergency Management Assistance is available.

(3) The back-up must not have been caused by an interruption in electric power to the city’s wastewater system or to any other city lift station, which continues for more than seventy-two (72) hours.

(4) The back-up must not have been caused by rainfall or precipitation that would constitute a one hundred (100) year storm event as determined by the National Weather Service.

(5) The city will not reimburse any costs which have been or are eligible to be covered under the property owner’s own homeowner’s or other property insurance, or which would be eligible to be reimbursed under a National Flood Insurance Protection (NFIP) policy, whether or not the property owner actually has NFIP coverage.

(6) The maximum amount that the city will reimburse is ten thousand dollars ($10,000.00) per building per year. In this regard, a structure or group of structures served by a single connection to the city’s wastewater system is considered a single building.

(7) Coverage under said program shall only be extended to those customers of the city of Lewiston wastewater utility. Properties in the city of Lewiston served by a private sanitary district shall not be eligible.

(8) The city manager, or his/her designee, may establish regulations sufficient to provide for the handling of such claims and disbursement of those funds which are set aside for payment of claims under this section.

(9) All applications for reimbursement under this section must be submitted to the city clerk within ninety (90) days after the incident occurs.

(10) Applications for reimbursement received by the city clerk shall be referred to the department of public works for investigation and recommendation. The department’s report shall be forwarded to the city manager for determination of whether the incident meets the criteria of this section.

(11) The determination as to whether to make payment for loss under this section shall be based on the following criteria:

a. Whether an eligible applicant suffered an otherwise uninsured property loss, caused by breach or backup of a city-owned sanitary wastewater line, under circumstances where the applicant acted responsibly to avoid the loss; and

b. If so, whether the extent of the loss has been adequately substantiated;

c. The following shall result in the denial of an application:

1. Application not timely submitted;

2. Loss fully covered by private insurance;

3. Applicant ineligible under the terms of this chapter;

4. Loss caused by an irresponsible act of the applicant, applicant’s agent, or member of applicant’s business or household;

5. Loss of eligibility unsubstantiated;

d. The following shall result in reduction of payment:

1. Loss partially covered by private insurance;

2. Loss exceeds funding limits of this section;

3. Verification of loss inadequate or incomplete;

4. Applicant did not cause the problem but failed to act responsibly to minimize the loss.

(12) Payment does not imply liability.

a. Payment made under this section shall not be construed as an admission of nor does it imply any negligence or responsibility on the part of the city for any damage.

b. This section shall not in any way supersede, change or abrogate any provision of the Idaho Tort Claim Act and its application to the city, or establish in any person a right to sue the city under this section.

c. Any payment made under this section which is accepted shall constitute a full and complete release of any and all claims against the city, its officers, employees and agents arising from the incident. No payments shall be made unless the claimant signs a release of all claims against the city.

(13) Notwithstanding any other provisions of this section, no application shall be accepted from the United States or any of its departments or agencies, the state of Idaho or any of its political subdivisions. (Ord. No. 4513, § 1, 8-11-08; Ord. No. 4603, § 3, 9-23-13)

Secs. 36-11736-130. Reserved.

DIVISION 2. CONNECTIONS FROM PROPERTY OUTSIDE DISTRICT

Sec. 36-131. Permit – Required.

Whenever the owner of property not within an established wastewater district desires such property to be connected with the wastewater line in an established wastewater district, upon a showing that such connection will not work injury to such wastewater line in place and will not be likely to be an injury to or damage to the property in such wastewater district, shall comply with section 36-2 of this code. (Code 1960, § 36-26; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-132. Permit – Revocation.

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

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

(c) Should any such permit be revoked, the deposit made for the issuing of such permit shall be returned to the depositor, upon a showing that the wastewater connection has been abandoned and removed in compliance to an order of the council.

With the advice and recommendation of the public works director or person in charge of a wastewater district the city council shall be exclusive judge of whether or not any permit granted under this section causes an injury to the wastewater line in the wastewater district or to any property or to the owner of any property in a wastewater district. (Code 1960, § 36-27; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-133. Reserved.

Editor’s note – Ord. No. 4603, § 3, adopted Sept. 23, 2013, repealed § 36-63, pertaining to disposition of deposits, derived from Code 1960 § 36-28 and Ord. No. 4485, § 1, and renumbered said section as § 36-133.

Sec. 36-134. Applicant to bear costs.

All costs incurred in making a wastewater line connection from property lying outside of a wastewater district shall be borne by the applicant. (Code 1960, § 36-29; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-135. Credit for deposit when new district formed.

If the property served by a connecting wastewater line outside the wastewater district is subsequently placed in a new wastewater district, the amount of the deposit shall be applied to any assessment that is made against the property in the new wastewater district or the deposit may be returned to the person making the deposit, upon a showing being made that the connection has been abandoned and removed. (Code 1960, § 36-30; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-136. Assessments when new districts created.

Should a parcel or tract of land for which a permit for wastewater connection has been issued under this section be subsequently included in a new wastewater district, such tract or parcel of land shall be assessed for the full amount of its assessment in the new wastewater district. (Code 1960, § 36-31; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Secs. 36-13736-150. Reserved.

DIVISION 3. INDUSTRIAL PRETREATMENT REGULATIONS FOR EXISTING AND NEW SOURCES OF POLLUTION3

Subdivision A. General Provisions

Sec. 36-151. Purpose and policy.

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

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

(c) The objectives of this division are:

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

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

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

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

(d) This division provides for the regulation of discharges into the city wastewater system through the enforcement of administrative regulations. This division does not provide for the recovery of operations, maintenance or replacement costs of the POTW or the costs associated with the construction of collection and treatment systems used by industrial dischargers, in proportion to their use of the POTW, which are the subjects of separate enactments.

(e) The public works director is authorized to recommend to the city council additional regulations related to industrial pretreatment. Such regulations shall become effective and enforceable upon adoption by the city council. (Ord. No. 3611, § 2(1.01), 3-8-82; Ord. No. 3938, § 1, 2-13-89; Ord. No. 4048, § 1, 11-2-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13; Ord. No. 4686, § 1, 5-22-17)

Subdivision B. Definitions

Sec. 36-152. Words, terms and phrases defined.

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

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

Approval authority: The EPA Region 10 administrator.

ASPP: Accidental spill prevention plan.

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

Authorized representative of the discharger:

(1) If the discharger is a corporation:

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

A manager of one (1) or more manufacturing, production, or operating facilities can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements if:

1. The manager is authorized to make management decisions which govern the operation of the regulated facility;

2. The manager has the duty of making major capital investment recommendations;

3. The manager can initiate and direct comprehensive measures to ensure long-term compliance with environmental laws and regulations; and

4. The manager has been delegated the authority to sign documents on behalf of the corporations;

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

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

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

Best management practices (BMPs): The term “best management practices” or “BMPs” means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the provisions in this chapter. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

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

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

Categorical discharger: A discharger covered by one (1) of EPA’s categorical pretreatment standards.

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

City: The city of Lewiston, Idaho.

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

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

Cooling water/noncontact cooling water: Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product. Cooling water may be generated from any use, such as air-conditioning, heat exchangers, cooling or refrigeration, to which the only pollutant added is heat.

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

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

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

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

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

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

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

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

(1) The building, structure, facility or installation is constructed at a site at which no other source is located; or

(2) The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

(3) The production of wastewater-generating processes of the building, structure, facility or installation is substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant and the extent to which the new facility is engaged in the same general type of activity as an existing source should be considered.

Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of subsections (1)(b) and (c) of this definition but otherwise alters, replaces or adds to existing process or production equipment.

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

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

a. Any placement, assembly or installation of facilities or equipment; or

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

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

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

O and M: Operation and maintenance.

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

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

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

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

Pollutant: Any substance discharged into a POTW or its collection system, which is prohibited or limited by sections 36-153 and 36-154 of this division.

POTW (publicly owned treatment works): Any wastewater treatment works and the wastewater lines and conveyance appurtenances discharging thereto, owned and operated by the city.

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

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

Pretreatment standard or standards: Prohibited discharge standards, categorical pretreatment standards, local limits and/or BMPs.

Process wastewater: Liquid waste resulting from any industrial, manufacturing, trade or business process or from the development, recovery or processing of natural resources.

Prohibited discharge standards or Prohibited  discharges: Absolute prohibitions against the discharge of certain substances; these prohibitions appear in section 36-153 of this code.

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

Significant industrial discharger:

(1) Except as provided below in subsections (1)(b) and (c) of this definition, the term “significant industrial discharger” shall mean:

a. All industrial dischargers subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and

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

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

d. Any industrial discharger who is designated as such by the city on the basis that the industrial discharger has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.

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

(3) Upon a finding that a significant industrial discharger meets the criteria and all conditions in 40 CFR 403.3(v)(2), the city may designate the discharger a nonsignificant categorical industrial discharger.

Significant noncompliance (SNC): Violations which meet one (1) or more of the following criteria:

(1) Violations of wastewater discharge limits.

a. Chronic violations: Sixty-six (66) percent or more of the wastewater measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(l).

b. Technical review criteria (TRC) violations: Thirty-three (33) percent or more of the wastewater measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(l) multiplied by the TRC (TRC equals 1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH).

c. Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(l) (daily, maximum, longer term average, instantaneous limit, or narrative standard) that the city determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public.

d. Any discharge of pollutants that have caused imminent endangerment to human health/welfare or to the environment and have resulted in the city’s exercise of its emergency authority to halt or prevent such a discharge.

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

(3) Failure to provide any required reports such as baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules within forty-five (45) days from the due date.

(4) Failure to accurately report noncompliance.

(5) Any other violation or group of violations, including a violation of BMPs, which the city determines will adversely affect the operation or implementation of the city’s pretreatment program.

Slug load: Any discharge at a flow rate or concentration which could cause interference or a violation of the prohibited discharge standards in section 36-153 of this division or any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge.

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

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

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

Upset: An exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth in sections 36-153 and 36-154 of this division due to factors beyond the reasonable control of the discharger, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation.

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

Wastewater discharge permit: An authorization or equivalent control document issued by the city to dischargers to the POTW. The permit may contain appropriate pretreatment standards and requirements as set forth in this division.

Wastewater line: Any pipe, conduit, ditch or other device used to collect and transport wastewater from the generating source.

Water/wastewater systems manager (WWSM): The person designated by the city to supervise the operation of the POTW, and who is charged with certain responsibilities by this division or his/her authorized representative. (Ord. No. 3611, § 2(Ch. 2), 3-8-82; Ord. No. 3938, § 2, 2-13-89; Ord. No. 4048, § 2, 11-2-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Subdivision C. Regulations

Sec. 36-153. Prohibited discharge standards.

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

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

(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. In addition, wastestreams with a close cup flashpoint of less than one hundred forty (140) degrees Fahrenheit or sixty (60) degrees Celsius using the test methods specified in 40 CFR 261.21 of the Code of Federal Regulations.

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

(3) Any wastewater having a pH less than five (5) or greater than ten (10), or wastewater having any corrosive property capable of causing damage or hazard to structures, equipment and/or personnel of the city.

(4) pH effluent limitations under continuous monitoring.

a. Where a permittee continuously measures the pH of wastewater pursuant to a requirement of a wastewater discharge permit issued by the city, the permittee shall maintain the pH of such wastewater within the range set forth in the permit, except excursions above ten (10) pH are permitted subject to the following limitations:

1. The total time during which the pH values are above ten (10) pH shall not exceed seven (7) hours and twenty-six (26) minutes in any calendar month; and

2. No individual excursion above ten (10) pH shall exceed sixty (60) minutes.

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

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

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

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

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

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

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

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

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

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

(13) Any substance which may cause the POTW’s effluent or treatment residues, biosolids 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 biosolids use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines or regulations affecting biosolids use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or state standards applicable to the biosolids management method being used.

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

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

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

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

(18) Stormwater, surface water, ground water, artesian well water, roof runoff, subsurface drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the city.

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

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

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

(22) Any wastewater from septic tanks except as provided in sections 36-186 through 36-192 of this code.

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

(c) Bypass of treatment facilities.

(1) Definitions.

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

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

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

(3) Notice.

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

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

(4) Prohibition of bypass.

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

1. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

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

3. The discharger submitted notices as required under subsections (c)(3)(a) and (b) of this section.

b. The city may approve an anticipated bypass, after considering its adverse effects, if the city determines that it will meet the three (3) conditions listed in subsection (c)(4)(a) of this section. (Ord. No. 3611, § 2(3.01), 3-8-82; Ord. No. 3838, § 1, 10-14-86; Ord. No. 3938, § 3, 2-13-89; Ord. No. 4048, § 3, 11-2-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-154. Limitations on wastewater strength.

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

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

(c) Right of revision. The city reserves the right to amend this division or individual wastewater discharge permits to provide for more stringent limitations or requirements on discharges to the POTW where deemed necessary to comply with the objectives set forth in section 36-151 of this code.

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

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

Parameter

Maximum Daily Concentration (mg/l)

Arsenic

0.10

Cadmium

0.09

Chromium (total)

4.31

Copper

1.43

Cyanide

0.50

Lead

0.54

Mercury

0.01

Nickel

0.74

Silver

0.09

Zinc

2.78

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

Local limits shall apply to process wastewater after pretreatment, and/or prior to mixing with sanitary wastewater or other dilution flows.

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

BMPs established by the city are considered pretreatment standards and are fully enforceable as such under this division.

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

(g) Special agreement. The city reserves the right to enter into special agreements with dischargers setting out special terms under which they may discharge to the POTW. In no case will a special agreement waive compliance with a categorical pretreatment standard or federal pretreatment requirement. However, the discharger may request a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. They may also request a variance from the categorical pretreatment standard from the approval authority in accordance with 40 CFR 403.13. (Ord. No. 3611, § 2(3.02), 3-8-82; Ord. No. 3938, § 3, 2-13-89; Ord. No. 4048, § 4, 11-2-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-155. Accidental discharges.

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

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

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

(d) Signs shall be permanently posted in conspicuous places on the discharger’s premises, advising which employees to call in the event of a slug or accidental discharge. Employers shall instruct all employees who to contact in the case of an emergency or accidental discharge.

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

(1) Description of discharge practices, including non-routine batch discharges;

(2) Description of stored chemicals;

(3) Procedures for immediately notifying the POTW of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any of the standards in sections 36-153 and 36-154 of this division; and

(4) Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures must include, but not be limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response. (Ord. No. 3611, § 2(3.03), 3-8-82; Ord. No. 3938, § 3, 2-13-89; Ord. No. 4048, § 5, 11-2-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Subdivision D. Fees

Sec. 36-156. Purpose.

It is the purpose of this subdivision to provide for the payment of fees from dischargers to the city’s wastewater disposal system to compensate the city for the cost of the administration of the pretreatment program established herein. (Ord. No. 3611, § 2(4.01), 3-8-82; Ord. No. 3938, § 4, 2-13-89; Ord. No. 4048, § 5, 11-2-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-157. Charges and fees.

If costs are incurred due to noncomplying dischargers, the city will charge the noncomplying discharger for monitoring, laboratory analyses, inspections and surveillance as required by federal pretreatment requirements and this division. (Ord. No. 3611, § 2(4.02), 3-8-82; Ord. No. 3938, § 4, 2-13-89; Ord. No. 4048, § 5, 11-2-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Subdivision E. Administration

Sec. 36-158. Wastewater dischargers to comply with terms of division.

It shall be unlawful to discharge wastewater, industrial wastes or other wastes to any wastewater line outlet within the jurisdiction of the city and/or to the POTW without having first complied with the terms of this division or without having first obtained the city’s approval of a compliance schedule submitted by the discharger/industrial discharger. All dischargers/industrial dischargers proposing to connect to or to discharge wastewater, industrial wastes or other wastes to the POTW shall apply to the community development department for a wastewater discharge permit prior to or concurrent with applying for building or plumbing permits, submitting building plans for review or applying for a business license and shall comply with all terms of this division within thirty (30) calendar days after the effective date of this division. (Ord. No. 3611, § 2(5.01), 3-8-82; Ord. No. 3938, § 5, 2-13-89; Ord. No. 4048, § 6, 11-2-92; Ord. No. 4427, § 1, 4-10-06; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-159. Wastewater discharge permit requirements.

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

(a) Disclosure forms. Significant industrial dischargers shall complete and file with the city a data disclosure declaration in the form prescribed by the city and accompanied by the appropriate fee. Existing significant industrial dischargers (SIDS) shall file a disclosure form within sixty (60) calendar days after notification by the city. (The city’s notification to SIDS covered by categorical pretreatment standards will be in ample time to ensure that the SID complies with the 180-day deadline date established in 40 CFR 403.12(b).) Subsequent to the promulgation of an applicable pretreatment standard, and at least ninety (90) days prior to the anticipated start up, new sources that become industrial dischargers considered by the city to fit the definition of SID shall apply for a permit. That permit will contain at least the information listed in subsections (a)(1) through (5) of this section. A new source (new discharger) cannot discharge without first receiving a permit from the city. New sources and new dischargers shall also be required to include in this report information on the method of pretreatment the source intends to use to meet applicable pretreatment standards. New sources and new dischargers shall give estimates of the information requested in subsections (a)(4) and (5) of this section. This data disclosure form satisfies the requirements of the baseline monitoring report as described in 40 CFR 403.12(b). The disclosure to be made by the discharger shall be made on written forms provided by the city and shall cover:

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

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

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

(4) Flow measurement.

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

1. Regulated or manufacturing process streams; and

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

b. Noncategorical discharger. The discharger shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following: total process flow, wastewater treatment plant flow, total plant flow or individual manufacturing process flow as required by the city. The city may allow for verifiable estimates of these flows where considerations are justified by cost or feasibility.

(5) Measurements of pollutants.

a. Categorical discharger.

1. The discharger shall identify the applicable pretreatment standards for each regulated or manufacturing process.

2. In addition, the discharger shall submit the results of sampling and analysis identifying the nature and concentration (or mass) where required by the city of regulated pollutants (including standards contained in sections 36-153 and 36-154 of this code, as appropriate) in the discharge from each regulated or manufacturing process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall conform to sampling and analytical procedures outlined in section 36-160(h) of this code.

3. The discharger shall take a minimum of one (1) representative sample to compile that data necessary to comply with the requirements of this subsection.

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

b. Noncategorical discharger.

1. The discharger shall identify the applicable pretreatment standards for its wastewater discharge.

2. In addition, the discharger shall submit the results of sampling and analysis identifying the nature and concentration (or mass where required by the city) of regulated pollutants contained in sections 36-153 and 36-154 of this code, as appropriate, in the discharge. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall conform to sampling and analytical procedures outlined in section 36-160(h) of this code.

3. The discharger shall take a minimum of one (1) representative sample to compile that data necessary to comply with the requirements of this subsection.

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

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

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

a. Where the industrial discharger’s categorical pretreatment standard has been modified by a removal allowance (40 CFR 403.7), the combined wastestream formula (40 CFR 403.6(e)), and/or a fundamentally different factors variance (40 CFR 403.13) at the time the discharger submits the report required by this subsection, the information required by subsections (a)(6) and (7) of this section shall pertain to the modified limits.

b. If the categorical pretreatment standard is modified by a removal allowance (40 CFR 403.7), the combined wastestream formula (40 CFR 403.6(e)), and/or a fundamentally different factors variance (40 CFR 403.13) after the discharger submits the report required by subsections (a)(6) and (7) of this section, the report shall be resubmitted by the discharger within sixty (60) calendar days after the modified limit is approved.

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

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

b. Under no circumstance will the city permit a time increment for any single step directed toward compliance which exceeds nine (9) months.

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

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

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

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

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

(b) Standards modification. The city reserves the right to amend this division and the terms and conditions hereof in order to assure compliance by the city with applicable laws and regulations. All national categorical pretreatment standards adopted by the USEPA after the promulgation of this division shall be enforceable by the city through this division. Where a discharger, subject to a categorical pretreatment standard, has not previously submitted a data disclosure form as required by subsection (a) of this section, the discharger shall file a disclosure form with the city within one hundred eighty (180) calendar days after the promulgation of the applicable categorical pretreatment standard by the USEPA. In addition, any discharger operating on the basis of a previous filing of a data disclosure form shall submit to the city within one hundred eighty (180) calendar days after the promulgation of an applicable categorical pretreatment standard the additional information required by subsections (a)(7) and (8) of this section. If deemed necessary by the city, where categorical pretreatment standards are more stringent, the wastewater discharge permit will be modified. The discharger shall be informed of any proposed changes in the division at least thirty (30) calendar days prior to the effective date of change. Any changes or new conditions in the division shall include a reasonable time schedule for compliance.

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

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

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

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

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

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

(6) Compliance schedules.

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

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

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

(10) Authorized points of discharge and regulated processes.

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

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

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

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

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

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

(1) The new owner and/or operator have no immediate intent to change the facility’s operations and processes;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(h) Final compliance deadlines.

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

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

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

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

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

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

(2) Failure to provide prior notification to the city of changed condition pursuant to section 36-160(j) of this code;

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

(4) Falsifying self-monitoring reports;

(5) Tampering with monitoring equipment;

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

(7) Failure to meet effluent limitations;

(8) Failure to pay penalties;

(9) Failure to pay wastewater charges;

(10) Failure to meet compliance schedules;

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

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

(13) Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this division. (Ord. No. 3611, § 2(5.02), 3-8-82; Ord. No. 3938, § 5, 2-13-89; Ord. No. 4048, § 7, 11-2-92; Ord. No. 4427, § 2, 4-10-06; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-160. Reporting requirements for discharger.

(a) Final compliance report. Within ninety (90) calendar days following the date for final compliance by the significant industrial discharger with applicable pretreatment standards and requirements set forth in this division, or an industrial wastewater discharge permit, or within thirty (30) calendar days following commencement of the introduction of wastewater into the POTW system by a new source significant industrial discharger (or new dischargers considered by the city to fit the definition of SID), the discharger shall submit to the city a report indicating the information outlined in section 36-159(a)(4) through (5) of this code.

For industrial dischargers subject to equivalent mass or concentration limits established by the city in accordance with procedures established in 40 CFR 403.6(c), this report shall contain a reasonable measure of the discharger’s long-term production rate. For all other dischargers subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the discharger’s actual production during the appropriate sampling period.

(b) Periodic compliance reports.

(1) During the months of June and December, unless required more frequently by the city in the discharger’s wastewater discharge permit, any discharger subject to a pretreatment standard set forth in this division, after the compliance date of such pretreatment standard or, in the case of a new source discharger, after commencement of the discharge to the POTW, shall submit to the city a report indicating the nature and concentration of prohibited or regulated substances in the effluent which are limited by the applicable pretreatment standards. The frequency of monitoring shall be as prescribed within the wastewater discharge permit. At a minimum, dischargers shall sample their discharge at least twice per year.

(2) The report shall include a record of the concentrations (and mass if specified in the permit) of the limited pollutants that were measured and a record of all flow measurements (average and maximum) taken at the designated sampling locations, and shall also include any additional information required by this section or the permit. Production data shall be reported if required by the permit. Both daily maximum and average concentration (or mass, where required) shall be reported. If a discharger sampled more frequently than what was required by the city or by this division, it must submit all results of sampling and analysis of the discharge during the reporting period.

(3) Any discharger subject to equivalent mass or concentration limits established by the city or by unit production limits specified in the applicable categorical standards shall report production data as outlined in subsection (b)(2) of this section.

(4) If the city calculated limits to factor out dilution flows or nonregulated flows, the discharger will be responsible for providing flows from the regulated process flows, dilution flows and nonregulated flows.

(5) Flows shall be reported on the basis of actual measurement; however, the city may accept reports of average and maximum flows estimated by verifiable techniques if the city determines that an actual measurement is not feasible.

(6) Sampling shall be representative of the discharger’s daily operations and shall be taken in accordance with the requirements specified in subsection (h) of this section.

a. The city may authorize a significant industrial discharger subject to a categorical pretreatment standard permission to forgo sampling of a pollutant regulated by such standard if the discharger has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from the intake water and without an increase in the pollutant due to activities by the discharger. The authorization is subject to the conditions as outlined in 40 CFR 403.12(e)(2)(i) through (vii).

b. The city may authorize a significant industrial discharger subject to a categorical pretreatment standard permission to reduce its reporting requirement to no less frequently than once a year, unless required more frequently in a pretreatment standard or by the approval authority, where the discharger meets all of the conditions outlined in 40 CFR 403.12(e)(3).

(7) The city may consider such factors as local high and low flow rates, holidays, budget or other extenuating factors for good cause and may authorize the submission of said reports on months other than those specified above.

(8) The city may require reporting by dischargers that are not required to have an industrial discharge permit if information or data is needed to establish a wastewater charge, determine the treatability of the effluent or determine any other factor which is related to the operation and maintenance of the wastewater system.

(c) Notification of significant production changes. Any discharger operating under an industrial wastewater discharge permit incorporating equivalent mass or concentration limits shall notify the city within two (2) business days after the discharger has a reasonable basis to know that the production level will significantly change within the next calendar month. Any discharger not providing a notice of such anticipated change will be required to comply with the existing limits contained in its permit.

(d) Authorized representative and certification. All applications, reports, and reporting information shall be certified in accordance with 40 CFR 403.12(b)(6) and signed by an authorized representative as outlined in accordance with 40 CFR 403.12(l).

All wastewater discharge permit applications and discharge reports must be signed by an authorized representative of the discharger and contain the following certification statement:

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

(e) Hazardous waste notification. Existing dischargers that are discharging more than fifteen (15) kilograms of hazardous wastes as defined in 40 CFR 261 (listed or characteristic wastes) in a calendar month or any facility discharging any amount of acutely hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e) are required to provide a one-time notification in writing to the city, EPA Region 10 Office of Waste and Chemicals Management Director, and the State of Idaho Department of Environmental Quality. Any existing discharger exempt from this notification shall comply with the requirements contained herein within thirty (30) calendar days of becoming aware of a discharge of fifteen (15) kilograms of hazardous wastes in a calendar month or the discharge of acutely hazardous wastes to the city wastewater system.

Such notification shall include:

(1) The name of the hazardous waste as set forth in 40 CFR Part 261;

(2) The EPA hazardous waste number; and

(3) The type of discharge (continuous, batch, or other);

(4) If an industrial discharger discharges more than one hundred (100) kilograms of such waste per calendar month to the wastewater system, the notification shall also contain the following information to the extent it is known or readily available to the industrial discharger: (a) an identification of the hazardous constituents contained in the wastes, (b) an estimation of the mass and concentration of such constituents in the wastestreams discharged during that calendar month, and (c) an estimation of the mass of constituents in the wastestreams expected to be discharged during the following twelve (12) months.

These notification requirements do not apply to pollutants already reported under the self-monitoring requirements.

Whenever the USEPA publishes final rules identifying additional hazardous wastes or new characteristics of hazardous waste, an industrial discharger shall notify the city of the discharge of such a substance within ninety (90) calendar days of the effective date of such regulations.

In the case of any notification made under this subsection, an industrial discharger shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

(f) Notice of potential problems, including accidental spills and slug loadings. Any industrial discharger shall notify the city immediately of all discharges that could cause problems to the POTW, including any slug loads, as defined in section 36-152 of this code. The notification shall include the concentration and volume and corrective action. Steps being taken to reduce any adverse impact should also be noted during the notification. Any discharger who discharges a “slug” (or slugs) of prohibited materials shall be liable for any expense, loss, or damage to the POTW, in addition to the amount of any fines imposed on the city under state or federal law.

(g) Noncompliance reporting. If analysis of sampling performed by an industrial discharger indicates a violation of discharge permit limits, the discharger shall notify the city immediately after becoming aware of the violation. The discharger shall then repeat the sampling and submit the analysis to the city within thirty (30) calendar days of the violation. Where the city conducts sampling in lieu of a discharger, the city must conduct the repeat sampling unless it requires the discharger to conduct the resampling. The discharger is not required to resample if:

(1) The city performs sampling at the industrial discharger’s facility at a frequency of at least once per month; or

(2) The city performs sampling at the discharger’s facility between the time when the discharger performs its initial sampling and the time when the discharger receives the results of this sampling.

(h) Sampling and analysis by dischargers. Any discharger required by the city or by this division to conduct wastewater sampling shall follow the following procedures:

(1) A minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organics. For all other pollutants, 24-hour composite samples must be obtained through flow-proportional composite sampling techniques where feasible. The city may waive flow-proportional composite sampling for any industrial discharger that demonstrates that flow-proportional is infeasible. In such cases, samples may be obtained through time-proportional composite sampling techniques or through a minimum of four (4) grab samples where the discharger demonstrates that this will provide a representative sample of the effluent being discharged;

(2) Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated or manufacturing process if no pretreatment exists or in a location contained in the discharger’s permit and designated by the city in order to evaluate compliance with the applicable pretreatment standards for categorical dischargers. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the discharger should measure the flows and concentrations necessary to allow use of the combined wastestream formula of 40 CFR 403.6(e);

(3) All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA;

(4) All sample results shall indicate the time, date and place of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges from the industrial discharger. If a discharger sampled more frequently than what was required in its permit, it must submit all results of sampling and analysis of the discharge as part of its self-monitoring report.

(i) Changes in wastewater characteristics/changes in hazardous wastes/notification of new hazardous wastes. Dischargers shall notify the city, in person or by phone, ninety (90) calendar days prior to the introduction of new wastewater pollutants, changes in manufacturing operations or any substantial change in the volume or characteristics of the wastewater being introduced into the city’s wastewater treatment system from the affected discharger’s industrial processes, including substantial changes in the listed or characteristic hazardous wastes for which the discharger has submitted the initial notification under 40 CFR 403.12. Formal written notification shall be made at least ten (10) days prior to such introduction and the discharger shall obtain approval from the city to do so.

Whenever the EPA publishes new RCRA rules identifying additional hazardous wastes or new characteristics of hazardous wastes, any affected discharger must notify the city, the EPA Region 10 Office of Waste and Chemicals Management Director, and the State of Idaho Department of Environmental Quality if any of these wastes are discharged to the city’s treatment system. The notification must occur within ninety (90) days of the effective date of the publication.

(j) Notification of changed discharge. All dischargers shall promptly notify the city in advance of any substantial change in the volume or character of pollutants in their discharge, including significant manufacturing process changes, pretreatment modifications, and the listed or characteristic hazardous wastes for which the discharger has submitted initial notification under 40 CFR 403.12(p).

(k) Record keeping. Dischargers subject to the reporting requirements of this division shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this division and any additional records of information obtained pursuant to monitoring activities undertaken by the discharger independent of such requirements. Records shall include the date, exact place, method, and time of sampling and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the discharger or POTW, or where the discharger has been specifically notified of a longer retention period by the city. (Ord. No. 3611, § 2(5.03), 3-8-82; Ord. No. 3938, § 5, 2-13-89; Ord. No. 4048, § 8, 11-2-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-161. Monitoring facilities.

(a) Each discharger shall provide and operate at the discharger’s own expense a monitoring facility to allow inspection, sampling and flow measurement of each wastewater discharge to the city. Each monitoring facility shall be situated on the discharger’s premises, except where such a location would be impractical or cause undue hardship on the discharger. The city may permit the facility to be constructed in the public street or sidewalk area, if the facility is located so that it will not be obstructed by landscaping or parked vehicles.

(b) There shall be ample room in or near such sampling 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 discharger.

(c) All monitoring facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications. Construction shall be completed within one hundred twenty (120) calendar days of receipt of the wastewater discharge permit by the discharger or as requested by the city. (Ord. No. 3611, § 2(5.04), 3-8-82; Ord. No. 3938, § 5, 2-13-89; Ord. No. 4048, § 9, 11-2-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-162. Inspection and sampling.

(a) The city may inspect the monitoring facilities of any discharger to determine compliance with the requirements of this division. The discharger shall allow the city or its representatives to enter upon the premises of the discharger at all reasonable hours for the purposes of inspection, sampling or records examination. The city shall have the right to set up on the discharger’s property such equipment as may be necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. The city will follow similar sampling and analytical procedures as outlined in section 36-160(h) of this code.

(b) Search warrants. If the city has been refused access to a building, structure or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this division, or that there is a need to inspect as part of a routine inspection program designed to verify compliance with this division or any permit or order issued, or to protect the overall public health, safety and welfare of the community, then the city may seek issuance of a search and/or seizure warrant from a court of competent jurisdiction. (Ord. No. 3611, § 2(5.05), 3-8-82; Ord. No. 3938, § 5, 2-13-89; Ord. No. 4048, § 10, 11-2-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-163. Confidential information.

(a) Information and data furnished to the city with respect to the nature and frequency of discharge shall be available to the public and any governmental agency without restriction, unless the discharger specifically requests and is able to demonstrate to the city that the release of such information would divulge information, processes or methods of production, entitled to protection, trade secrets or proprietary information of the discharger.

(b) Information accepted by the city as confidential shall not be transmitted to any governmental agency or to the general public by the city until and unless a 30-day notification is given to the discharger. (Ord. No. 3611, § 2(5.06), 3-8-82; Ord. No. 3938, § 5, 2-13-89; Ord. No. 4048, § 10, 11-2-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Subdivision F. Enforcement

Sec. 36-164. Emergency suspension of service and wastewater discharge permit.

(a) After informal notice to the discharger (in writing, in person or by telephone), the city may order the suspension of wastewater treatment service and revoke the discharger’s wastewater discharge permit when it appears to the city that an actual or threatened discharge:

(1) Presents or threatens an imminent or substantial danger to the health or welfare of persons, or substantial danger to the environment; or

(2) Threatens to interfere with the operation of the POTW, or to violate any pretreatment limits imposed by this division.

(b) Any discharger notified of the suspension order shall immediately cease all discharges. In the event of failure of the discharger to comply with the suspension order, the city may immediately take all necessary steps to halt or prevent any further discharge by such discharger into the POTW. The city shall have authority to physically cap, block or seal the discharger’s wastewater line (whether on public or private property) in order to terminate service under this section. The city shall have the right to enter upon the discharger’s property to accomplish the capping, blocking or sealing of the discharger’s wastewater line. The city may also immediately commence judicial proceedings to compel the discharger’s specific compliance with such order and/or to recover civil penalties. The city shall reinstate the wastewater discharge permit and/or wastewater treatment service upon clear and convincing evidence by the discharger of the elimination of the noncomplying discharge or conditions creating the threat as set forth above.

(c) A discharger that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the city prior to the date of any show cause or termination hearing provided for in this division.

(d) Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section. (Ord. No. 3611, § 2(6.01), 3-2-82; Ord. No. 3938, § 6, 2-13-89; Ord. No. 4048, § 11, 11-2-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-165. Termination of discharge.

(a) In addition to the provisions for revocation of a permit, any discharger that violates the following conditions is subject to discharge termination:

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

(2) Failure to report significant changes in wastewater constituents or characteristics;

(3) Refusal of reasonable access to the discharger’s premises by representatives of the city for the purpose of inspection or monitoring;

(4) Violates the provisions of the wastewater discharge permit or the provisions of this division, or any order of the city with respect thereto; or

(5) Violation of the pretreatment standards in sections 36-153 and 36-154 of this division.

(b) The city may seek any and all of the remedies or penalties provided in this division including termination of wastewater services and/or revocation of the wastewater discharge permit against any discharger who violates any of the foregoing prohibitions.

(c) Such discharger will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under section 36-167 of this code why the proposed action should not be taken. Exercise of this option by the city shall not be a bar to, or a prerequisite for, taking any other action against the discharger. (Ord. No. 3611, § 2(6.02), 3-8-82; Ord. No. 3938, § 6, 2-13-89; Ord. No. 4048, § 12, 11-2-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-166. Notification of violation; administrative adjustment.

The city may serve upon the discharger a written notice of violation when the city finds that a discharger has violated, or continues to violate, any provision in section 36-165 of this code, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement. The notice shall contain the nature of the violation or violations, and may contain what action if any is required of the discharger to correct the violation. The notice may also contain what penalty or other remedy the city may seek against the discharger for the violation or violations. Within ten (10) calendar days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the discharger to the city. Submission of this plan in no way relieves the discharger of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the city’s authority to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. (Ord. No. 3611, § 2(6.03), 3-8-82; Ord. No. 3938, § 6, 2-13-89; Ord. No. 4048, § 13, 11-2-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-167. Show cause hearing.

Where a violation of this division by a discharger is not corrected by timely compliance through the procedures set forth in section 36-166 of this code, the city may order such discharger to show cause before the duly authorized representative(s) of the city why the proposed enforcement action should not be taken. A written notice shall be served on the discharger no less than ten (10) calendar days before a hearing is held. The notice shall be served by personal service, certified or registered mail, and shall specify the time and place of the hearing to be held, the reasons why the enforcement action is to be taken, and the proposed enforcement action. Service of the notice may be made on any agent, officer or authorized representative of the discharger. The information and evidence presented at the hearing shall be considered by the representative(s) of the city, which shall then prepare and present to the discharger a document containing the appropriate findings of fact, conclusion of law and final order(s). Within twenty (20) calendar days of receipt of the final order, the discharger may appeal to the city council, which may grant a hearing to take additional evidence or render its decision based upon the record of the show cause hearing proceedings. (Ord. No. 3611, § 2(6.04), 3-8-82; Ord. No. 3938, § 6, 2-13-89; Ord. No. 4048, § 14, 11-2-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-168. Judicial enforcement remedies.

(a) Injunctive relief. When the city finds that a discharger has violated (or continues to violate) any provision of this division, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the city may petition a court of competent jurisdiction for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this division on activities of the discharger. The city may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the discharger to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a discharger.

(b) Criminal prosecution.

(1) A discharger which has violated any provision of this division, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement may, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000.00) per violation, per day, or imprisonment for not more than one (1) year, or both.

(2) A discharger which has introduced any substance into the POTW which causes personal injury or property damage may, upon conviction, be guilty of a misdemeanor and be subject to a penalty of at least one thousand dollars ($1,000.00) and/or be subject to imprisonment for up to one (1) year or both. This penalty may be in addition to any other cause of action for personal injury or property damage available under state law.

(3) A discharger which knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this division, wastewater discharge permit, or order issued hereunder, and/or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this division may, upon conviction, be punished by a fine of not more than one thousand dollars ($1,000.00) per violation per day, or imprisonment for not more than one (1) year, or both.

(4) In the event of a second conviction, a discharger may be punished by a fine of not more than one thousand dollars ($1,000.00) per violation per day, or imprisonment for not more than one (1) year or both.

(c) Fines.

(1) A discharger who has violated or continues to violate any provision of this division, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement may be liable to the city for a maximum civil penalty of one thousand dollars ($1,000.00) per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties may accrue for each day during the period of the violation.

(2) The city may recover reasonable attorney’s fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.

(3) In determining the amount of civil liability, the court may take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the discharger’s violation, corrective actions by the discharger, the compliance history of the discharger, and any other relevant factors.

(4) Filing a suit for civil fines shall not be a bar against, or a prerequisite for, taking any other action against a discharger. (Ord. No. 3611, § 2(6.05), 3-8-82; Ord. No. 3938, § 6, 2-13-89; Ord. No. 4048, § 15, 11-2-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-169. Enforcement actions.

(a) Annual publication. The name of any discharger in significant noncompliance or who was the subject of enforcement proceedings pursuant to Subdivision F of this division during the twelve (12) previous months shall be published annually by the city in the largest daily newspaper published in the municipality in which the POTW is located, summarizing the enforcement actions taken against the dischargers during the same twelve (12) months.

(b) Consent orders. The city may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any discharger responsible for noncompliance. Such documents may include specific action to be taken by the discharger to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant elsewhere in this chapter and shall be judicially enforceable.

(c) Compliance orders. When the city finds that a discharger has violated or continues to violate any provision of this division, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the city may issue an order to the discharger responsible for the discharge directing that the discharger come into compliance within a specified length of time. If the discharger does not come into compliance within the time specified, wastewater service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders may also contain other requirements to address the noncompliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the wastewater line. A compliance order may not extend the deadline for compliance established for a federal pretreatment standard or requirement, nor does a compliance order relieve the discharger of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the discharger.

(d) Cease and desist orders. When the city finds that a discharger has violated (or continues to violate) any provision of this division, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the discharger’s past violations are likely to recur, the city may issue an order to the discharger directing it to cease and desist all such violations and directing the discharger to:

(1) Immediately comply with all requirements; and

(2) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the discharger. (Ord. No. 3611, § 2(6.06), 3-8-82; Ord. No. 3938, § 6, 2-13-89; Ord. No. 4048, § 16, 11-2-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-170. Request for interpretation.

Any discharger or any interested party shall have the right to request in writing an interpretation by the city on any matter covered by this division and shall be entitled to a prompt written reply. The receipt of a discharger’s request shall not stay pending enforcement proceedings if the inquiry deals with matters of performance or compliance with this division and related enforcement activities. (Ord. No. 3611, § 2(6.07), 3-8-82; Ord. No. 3938, § 6, 2-13-89; Ord. No. 4048, § 16, 11-2-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13; Ord. No. 4686, § 2, 5-22-17)

Sec. 36-171. Operating upsets.

(a) Experiencing an upset. Any discharger who experiences a disruption of operations which places the discharger in a temporary state of noncompliance with this division shall inform the city within twenty-four (24) hours of the first awareness of the commencement of the disruption. Where such information is given orally, a written follow-up report thereof shall be filed by the discharger with the city within five (5) calendar days. The report shall specify:

(1) Description of the disruption, the cause thereof and the disruption’s impact on the discharger’s compliance status.

(2) Duration of noncompliance, including exact dates and times of noncompliance; and if the noncompliance continues, the time by which compliance is reasonably expected to occur.

(3) All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset or other conditions of noncompliance.

(4) That the facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures.

(b) Affirmative defense. A disruption shall constitute an affirmative defense to an action brought for noncompliance with applicable standards, if the discharger can establish through properly signed, contemporaneous operating logs, or other relevant evidence that the requirements of subsection (a) of this section have been met.

(c) Burden of proof. In any enforcement proceeding, the discharger seeking to establish the occurrence of an disruption shall have the burden of proof.

(d) Discharger responsibility in case of disruption. The discharger shall control production or all discharges to the extent necessary to maintain compliance with applicable pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails. (Ord. No. 3611, § 2(6.08), 3-8-82; Ord. No. 3938, § 6, 2-13-89; Ord. No. 4048, § 17, 11-2-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Subdivision G. Penalties

Sec. 36-172. Administrative civil penalties.

(a) When the water/wastewater systems manager finds that a discharger has violated or continues to violate any provision of this division, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the water/wastewater systems manager may assess a civil penalty in an amount not to exceed one thousand dollars ($1,000.00). Such civil penalty may be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, penalties may be assessed for each day during the period of violation.

(b) After thirty (30) calendar days, dischargers who have unpaid charges, fines and penalties may be assessed an additional penalty of twelve (12) percent of the unpaid balance, and interest shall accrue thereafter at a rate of twelve (12) percent per month. A lien against the discharger’s property may be sought for unpaid charges, fines, and penalties.

(c) Within thirty (30) calendar days of being notified of the penalty, dischargers desiring to dispute such civil penalties must file a written request for reconsideration with the water/wastewater systems manager. Upon receipt of a timely written request for reconsideration, the water/wastewater systems manager shall convene a hearing on the matter within twenty (20) calendar days. Formal rules of evidence shall not apply during the hearing. The water/wastewater systems manager shall issue a written decision within seven (7) calendar days after the hearing, and such decision shall be final. The water/wastewater systems manager may add to the penalty the costs of preparing administrative enforcement actions, such as notices and orders.

(d) Issuance of an administrative civil penalty shall not be a bar against, or a prerequisite for, taking any other action against the discharger. (Ord. No. 3611, § 2(7.01), 3-8-82; Ord. No. 3938, § 7, 2-13-89; Ord. No. 4048, § 18, 11-2-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13; Ord. No. 4686, § 3, 5-22-17)

Sec. 36-173. Recovery of cost incurred by the city.

Any discharger violating any of the provisions of this division who discharges or causes a discharge producing a deposit or obstruction or causes damage to or impairs the POTW shall be liable to the city for any expense, loss or damage caused by such violation or discharge. The city shall bill the discharger for the cost incurred by the city for any cleaning, repair or replacement work caused by the violation or discharge and for costs incurred by the city in investigating the violation and in enforcing the division against the discharger, including reasonable administrative costs, fees for testing, attorney fees, court costs and all expenses of litigation. Refusal to pay the assessed costs shall constitute a violation of this division, enforceable under the provisions of Subdivisions F and G of this division. (Ord. No. 3611, § 2(7.02), 3-8-82; Ord. No. 3938, § 7, 2-13-89; Ord. No. 4048, § 18, 11-2-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-174. Remedies nonexclusive.

Sections 36-164 through 36-173 of this code are not exclusive remedies. The city reserves the right to take any, all, or any combination of these actions against a noncompliant discharger. Further, the city is empowered to take more than one (1) enforcement action against any noncompliant discharger. These actions may be taken concurrently. (Ord. No. 3611, § 2(7.03), 3-8-82; Ord. No. 3938, § 7, 2-13-89; Ord. No. 4048, § 19, 11-2-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-175. General criminal penalties.

(a) Any discharger who knowingly violates any provision of this division shall be guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000.00) or imprisonment of up to one (1) year or both.

(b) Vandalism. No person shall willfully or negligently break, damage, destroy, uncover, deface, tamper with, or prevent access to any structure, appurtenance or equipment, or other part of the POTW. Any person found in violation of this requirement shall be subject to the sanctions set out in Idaho Code, Section 18-7001. (Ord. No. 3611, § 2(7.04),

3-8-82; Ord. No. 3938, § 7, 2-13-89; Ord. No. 4048, § 20, 11-2-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Subdivision H. Reserved

Sec. 36-176. Reserved.

Editor’s note – Section 8 of Ord. No. 3938, adopted Feb. 13, 1989, repealed former § 36-96, which pertained to authorized special agreement and originated from Ord. No. 3611, § 2(Ch. 8), adopted March 8, 1982. Ord. No. 4603, adopted Sept. 23, 2013, renumbered § 36-96 as § 36-176.

Subdivision I. Records Retention

Sec. 36-177. Required.

All dischargers subject to this division shall retain and preserve for no less than three (3) years all records, books, documents, memoranda, reports, correspondence, and any and all summaries thereof relating to monitoring, sampling and chemical analyses made by or in behalf of a discharger in connection with its discharge. All records which pertain to matters which are the subject of administrative adjustment or any other enforcement or litigation activities brought by the city pursuant to this article shall be retained and preserved by the discharger until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. (Ord. No. 3611, § 2(Ch. 9), 3-8-82; Ord. No. 4048, § 20, 11-2-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Subdivision J. Miscellaneous Provisions

Sec. 36-178. Removal credits.

Where applicable, the city may elect to initiate a program of removal credits as part of this division to reflect the POTW’s ability to remove pollutants in accordance with 40 CFR 403.7. (Ord. No. 3611, § 2(10.01), 3-8-82; Ord. No. 4048, § 20, 11-2-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-179. Net/gross calculations.

The city may elect to adjust categorical pretreatment standards to reflect the presence of pollutants in the discharger’s intake water, in accordance with 40 CFR 403.15. (Ord. No. 3611, § 2(10.02), 3-8-82; Ord. No. 4048, § 20, 11-2-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Subdivision K. Severability

Sec. 36-180. Provisions declared severable.

If any provision, paragraph, word, section or chapter of this division is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and chapters shall not be affected and shall continue in full force and effect. (Ord. No. 3611, § 2(Ch. 11), 3-8-82; Ord. No. 4048, § 20, 11-2-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Subdivision L. Conflict

Sec. 36-181. Conflicting provisions repealed.

All ordinances and parts of ordinances inconsistent or conflicting with any part of this division are hereby repealed to the extent of such inconsistency or conflict. (Ord. No. 3611, § 2(Ch. 12), 3-8-82; Ord. No. 4048, § 20, 11-2-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Editor’s note – Section 9 of Ord. No. 3938, adopted Feb. 13, 1989, repealed former appendices A – D, which pertained to priority pollutants, general limitations on other pollutants, national categorical pretreatment standards and national prohibited discharge standards, respectively, and originated from Ord. No. 3611, § 2, adopted March 8, 1982.

Secs. 36-18236-185. Reserved.

Subdivision M. Septage Haulers

Sec. 36-186. Discharge from septage haulers.

Septage haulers shall be prohibited from discharging waste with any of the characteristics identified in section 36-153 of this code at the city Wastewater Treatment Plant. Additionally, septage haulers are prohibited from discharging any nondomestic wastes which include, but are not limited to, waste from industrial or commercial holding tanks, gravel traps or grease traps. The city may perform random sampling without prior notice to haulers to determine the contents of the septage discharge. The city may also develop and implement sampling criteria and procedures as necessary to meet trucked or hauled waste monitoring requirements. (Ord. No. 3838, § 2, 10-14-86; Ord. No. 4048, § 21, 11-2-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-187. Septage hauling permit required; application.

There is hereby created a permit for septage haulers. All septage haulers who intend to discharge septage to the wastewater treatment plant shall be required to complete a septage haulers’ permit application on a form provided by the city. (Ord. No. 3838, § 3, 10-14-86; Ord. No. 4048, § 22, 11-2-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-188. Conditions of permit.

The septage hauler shall provide documentation concerning the type and origin of the waste being discharged. The hauler will provide the name and address of the customer, the volume to be discharged into the plant and any other information that might be required by the septage hauler permit or the city. (Ord. No. 3838, § 4, 10-14-86; Ord. No. 4048, § 23, 11-2-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-189. Manifest required.

Prior to discharge at the wastewater treatment plant, the septage hauler shall complete a manifest on a form supplied by the city. The manifest may include provisions requiring documentation of the final destination or disposal site of any trucked wastes which are rejected for disposal at the city’s wastewater treatment plant. Loads may be rejected for, but not limited to, failure to meet established sampling or discharge requirements, limitations or conditions. (Ord. No. 3838, § 5, 10-14-86; Ord. No. 4048, § 24, 11-2-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-190. Times and location of discharge.

Septage haulers shall discharge waste at the septage receiving facility located at the Wastewater Treatment Plant. Septage waste shall not be discharged to the city’s wastewater treatment or collection system at any other location without express written permission from the city. Hours for receiving waste shall be between 7:00 a.m. and 4:00 p.m., Monday through Friday and between 7:00 a.m. and 11:00 a.m. on Saturday and Sunday. (Ord. No. 3838, § 6, 10-14-86; Ord. No. 4048, § 25, 11-2-92; Ord. No. 4335, § 7, 8-25-03; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-191. Fees.

Fees will be assessed as established by resolution adopted by the city council. (Ord. No. 3838, § 7, 10-14-86; Ord. No. 4048, § 26, 11-2-92; Ord. No. 4063, § 1, 3-8-93; Ord. No. 4207, § 6, 2-2-98; Ord. No. 4295, § 4, 8-27-01; Ord. No. 4317, § 4, 9-9-02; Ord. No. 4335, § 8, 8-25-03; Ord. No. 4368, § 2, 8-23-04; Ord. No. 4410, § 2, 8-22-05; Ord. No. 4437, § 1, 3-13-06; Ord. No. 4457, § 2, 11-27-06; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-192. Penalties.

(a) Failure to comply with the permit conditions will result in the immediate suspension of the septage hauler permit as well as any other penalties provided for in this chapter.

(b) A septage hauler whose permit is suspended shall not have the permit reinstated until the water/wastewater systems manager is satisfied that the hauler can comply with the provisions of this chapter. The action of the water/wastewater systems manager may be appealed to the public works director. (Ord. No. 3838, § 8, 10-14-86; Ord. No. 4048, § 27, 11-2-92; Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Secs. 36-19336-197. Reserved.

Subdivision N. Waste Pumpers/Haulers

Sec. 36-198. Waste pumper/hauler permit required; application.

All fats, oil and grease (FOG) waste pumpers/haulers that currently provide or intend to provide FOG pumping, hauling, disposal and/or pretreatment device maintenance services to commercial businesses located within the city’s pretreatment program jurisdiction must obtain a FOG waste pumper/hauler permit. Waste pumpers will be required to complete a permit application on a form provided by the city’s industrial pretreatment section. The industrial pretreatment section shall issue the permit. (Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-199. Conditions of permit.

The waste pumper shall provide documentation and information to the industrial pretreatment section including the name and address of the customer, the type and size of the wastewater treatment assembly being serviced, the date of service, waste disposal destination and any other information required by the waste pumper/hauler permit or the industrial pretreatment section. The pumper/hauler must certify that the pretreatment assembly was serviced in accordance with specific performance requirements as contained in the waste pumper/hauler permit. (Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-200. Penalties.

(a) Failure to comply with the requirements of the waste pumper/hauler permit may result in an action by the water/wastewater systems manager to suspend or revoke the permit.

(b) A waste pumper/hauler whose permit is suspended shall not have the permit reinstated until the water/wastewater systems manager is satisfied that the pumper can and will comply with the provisions of the waste pumper/hauler permit and applicable provisions of the code. The action of the WWSM may be appealed to the authority. (Ord. No. 4485, § 1, 6-23-08; Ord. No. 4603, § 3, 9-23-13)

Secs. 36-20136-250. Reserved.

ARTICLE IV. STORMWATER UTILITY ORDINANCE

Sec. 36-251. Purpose.

The city council finds and declares the need for adequate and effective maintenance, operation, regulation and control of the existing stormwater drainage system in all areas within the city to improve the health, safety and general welfare of the city. The city council finds that those citizens receiving the benefits of the city’s management of the stormwater drainage system should pay for those benefits through a stormwater fee. The city council finds that the establishment of a stormwater utility is the preferred funding and management method for the city’s stormwater system. (Ord. No. 4512, § 1, 8-11-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-252. Definitions.

ERU or equivalent residential unit: For the purposes of this chapter, all references to “ERU” shall mean an impervious surface of four thousand (4,000) square feet.

Impervious surface: Impervious surfaces are mainly constructed surfaces – rooftops, sidewalks, roads, driveways, parking lots – covered by impenetrable materials such as asphalt, concrete, and roofing materials. These materials seal surfaces, repel water and prevent precipitation and melt water from infiltrating soils. Soils compacted by urban development are also highly impervious.

Persons responsible: The owner, agent, occupant, lessee, tenant, contract purchaser, or other person having possession or control of property or the supervision of an improvement on the property.

Utility: For the purposes of this article, all references to “utility” refer to the stormwater utility. (Ord. No. 4512, § 1, 8-11-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-253. Stormwater utility created.

There is hereby created and established a stormwater utility and service charge rate structure. The utility will have regulatory authority for planning, design, construction, maintenance, administration and operation of all city stormwater conveyances and facilities. (Ord. No. 4512, § 1, 8-11-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-254. Utility administration.

The stormwater utility will be administered by the city in a manner consistent with other city utilities. The organization structure of the utility will be approved by resolution of the city council. (Ord. No. 4512, § 1, 8-11-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-255. Applicability.

All persons responsible for properties within the corporate limits of the city of Lewiston are subject to the regulatory authority of the stormwater utility and shall pay a service charge determined by the rate structure created by this chapter. (Ord. No. 4512, § 1, 8-11-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-256. Rate structure.

The stormwater utility rate structure shall be based on property parcels as identified in the Nez Perce County property records. All property parcels within the city will be classed into one (1) of two (2) classes, residential or nonresidential, based on such classes in the Nez Perce County property records and as designated in Idaho Administrative Rules, IDAPA 35.01.03.130, except that manufactured homes on single lots will be considered residential and manufactured homes in manufactured home courts or parks will be considered commercial for the purposes of this section.

All residential class property parcels shall be assigned a value of one (1) ERU.

All nonresidential class property parcels shall be assigned a value of one (1) or more ERUs. The ERU value for each nonresidential property shall be determined as follows:

(1) The city shall determine the area of impervious surface for each parcel.

(2) The city shall divide each parcel’s impervious surface area by the surface area of one (1) ERU, four thousand (4,000) square feet.

(3) The city shall assign an ERU value of one (1) or the result of the division in step 2, rounded to the next highest value above one-half (0.5) value. (Ord. No. 4512, § 1, 8-11-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-257. Fee established.

Each person responsible for properties within the city shall be subject to the provisions of this chapter and shall pay a stormwater utility fee for each ERU assigned to property parcels for which they are responsible. The fee per ERU shall be reviewed annually and set by resolution of the city council. (Ord. No. 4512, § 1, 8-11-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-258. Exemptions and credits.

The city council may establish credits and exemptions to the rate structure established in section 36-256 of this code. Credits and exemptions may be established for classes of parcels identifiable in the Nez Perce County tax parcel base map. All credits and exemptions shall be reviewed annually by the city council as part of setting the fee for each ERU. (Ord. No. 4512, § 1, 8-11-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-259. Appeal and recalculation of fee.

(a) If a person responsible for properties within the city and subject to the fee established by this chapter believes that a particular assigned fee is unwarranted or based on an incorrect calculation of impervious surface or other aspect of the rate structure, such person responsible may appeal the fee.

(b) The appellant must first request that the utility recalculate or explain the fee by requesting in writing such recalculation or explanation. The request must identify the basis for disagreement with the assessed fee and be accompanied by relevant supporting documentation. The utility shall review the request and notify the appellant of its decision, in writing, no later than thirty (30) calendar days following receipt of the completed written request for explanation or recalculation.

(c) If the appellant still believes that the fee is unwarranted, a written appeal may be submitted to the city of Lewiston public works director, with supporting documentation. The public works director shall notify the appellant, within sixty (60) calendar days following receipt of the completed written appeal, with a decision on the appeal. (Ord. No. 4512, § 1, 8-11-08; Ord. No. 4603, § 3, 9-23-13)

Sec. 36-260. Stormwater enterprise fund.

All fees and charges received and collected under authority of this chapter shall be deposited and credited to a special fund to be designated as the stormwater enterprise fund. The accounts of the fund shall show all receipts and expenditures for the maintenance, operation, upkeep and repair and capital outlay of the stormwater system, including the payment of bonds issued to finance such capital outlay. When budgeted and appropriated, the funds and credits to the account of the stormwater enterprise fund shall be available for the payment of the requirements for the maintenance, operation, repairs and upkeep and improvements of the stormwater system of the city, including the payment of bonds issued therefor. (Ord. No. 4512, § 1, 8-11-08; Ord. No. 4603, § 3, 9-23-13)

Secs. 36-26136-265. Reserved.

Editor’s note – Ord. No. 4603, § 3, adopted Sept. 23, 2013, repealed former §§ 36-160 and 36-161, which pertained to billing and unpaid fees and charges and derived from Ord. No. 4512, § 1.


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Editor’s note – Ord. No. 3788, §§ 2 – 40, adopted June 24, 1985, provided for extensive renumbering and recodifying of Ch. 36 to read as herein set out. For a complete analysis of the changes enacted by said Ord. No. 3788, refer to the Code Comparative Table at page 399.

Cross references – Buildings and building regulations, Ch. 10; electricity, Ch. 14; gas, Ch. 18; manufactured homes, manufactured home parks and tourist facilities, Ch. 23; plumbing, Ch. 27; public right-of-way, Ch. 31; subdivisions, Ch. 32; swimming pools, Ch. 33; zoning, Ch. 37.


2

State law reference – Power to construct sewerage systems, Idaho Code, § 50-1020.


3

Cross reference – Industrial development, Ch. 19.75.