Chapter 13.10 WASTEWATER

Cross-references: Citizens’ rate review committee, see NMC 2.15.120 et seq.; stormwater system, see Chapter 13.20 NMC; system development charges, see Chapter 13.05 NMC, Article I.

Article I. General Provisions

13.10.010 Declaration of intent to acquire.

Pursuant to the general laws of the State of Oregon and the Charter of the City of Newberg, the city council of the city does declare its intention to own, acquire, construct, equip, operate and maintain, either within or without the corporate limits in whole or in part, wastewater systems, including maintenance, enlargement or extension of the present wastewater system of the city, wastewater treatment or disposal plant or plants, outfalls, force mains, pumping stations or ejector stations, with all appurtenances necessary, useful or convenient for the collection, transportation, treatment and disposal of wastewater. [Amended during 2011 recodification; Ord. 2713 Exh. B, 4-20-09; Ord. 2684 § 1, 12-17-07; Ord. 2150, 8-28-84. Code 2001 § 51.01.]

Cross-reference: See ORS 454.285.

13.10.020 Purpose and policy.

This chapter sets forth uniform requirements for users of the publicly owned treatment works (POTW) for the City of Newberg and enables the city to comply with all applicable state and federal laws, including the Clean Water Act (33 USC 1251 et seq.) and the General Pretreatment Regulations (40 CFR Part 403). The objectives of this chapter are:

A. To prevent the introduction of pollutants into the POTW that will interfere with the operation of the POTW;

B. To prevent the introduction of pollutants into the POTW which will pass through the POTW, inadequately treated, into receiving waters or otherwise be incompatible with the POTW;

C. To ensure that the quality of the wastewater treatment plant sludge is maintained at a level which allows its use and disposal in compliance with applicable statutes and regulations;

D. To protect POTW personnel who may be affected by wastewater and sludge in the course of their employment and to protect the general public;

E. To improve the opportunity to recycle and reclaim wastewater and sludge from the POTW;

F. To provide for equitable distribution of the cost of the municipal wastewater system in compliance with the Environmental Protection Agency’s requirements;

G. To assure the financial self-sufficiency of the POTW;

H. To improve the existing POTW to provide adequate service during peak demand periods;

I. To reduce inflow and infiltration into the POTW;

J. To improve the existing POTW to control and eliminate wastewater overflows to the extent practicable; and

K. The most current sewerage master plan and wastewater treatment plant facilities plan are incorporated by reference as supporting technical documents.

This chapter shall apply to all users of the POTW. This chapter authorizes the issuance of wastewater discharge permits; authorizes monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. [Ord. 2784 § 1, 9-8-15; Ord. 2713 Exh. B, 4-20-09; Ord. 2684 § 1, 12-17-07; Ord. 2150, 8-28-84. Code 2001 § 51.02.]

13.10.030 Administration.

A. Except as otherwise provided herein, the director shall administer, implement, and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the director may be delegated by the director to other city personnel.

B. In achieving the objectives of this chapter, it shall be the policy of the city to actively promote the health of the industrial community through accommodation, assistance and cooperation, consistent with the city’s responsibility to protect the waters of the state from pollution and to secure the health, safety and welfare of the residents of the community. To that end, this chapter shall be implemented using good business practices, abidance of the CWA and general pretreatment regulations, and best professional judgment; with associated decisions taking all known facts into consideration.

C. This chapter provides for the regulation of direct and indirect contributors to the POTW through the issuance of permits to certain nondomestic users (primarily significant industrial users (SIUs)), and through enforcement activities; assures that existing customers’ capacity will not be preempted; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the programs established herein.

D. The construction and expansion of the POTW shall be in accordance with the most current master plan and public works design and construction standards. [Ord. 2784 § 2, 9-8-15; Ord. 2713 Exh. B, 4-20-09; Ord. 2684 § 1, 12-17-07; Ord. 2150, 8-28-84. Code 2001 § 51.03.]

13.10.040 Definitions.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

Abbreviations. For the purpose of this chapter, the following abbreviations mean:

1. “BMP” means best management practice.

2. “BOD5” means biochemical oxygen demand (five day).

3. “CFR” means the Code of Federal Regulations.

4. “COD” means chemical oxygen demand.

5. “CWA” means the Clean Water Act.

6. “DEQ” means the Oregon Department of Environmental Quality.

7. “EPA” means the U.S. Environmental Protection Agency.

8. “GPD” means gallons per day.

9. “l” means liter.

10. “LEL” means lower explosive limit.

11. “mg” means milligram.

12. “mg/L” means milligrams per liter.

13. “NPDES” means National Pollutant Discharge Elimination System.

14. “O&M” means operations and maintenance.

15. “OSPSC” means the Oregon State Plumbing Specialty Code.

16. “POTW” means publicly owned treatment works.

17. “RCRA” means the Resource Conservation and Recovery Act.

18. “SIC” means standard industrial classification.

19. “SWDA” means the Solid Waste Disposal Act (42 USC 6901 et seq.).

20. “TSS” means total suspended solids.

21. “USC” means the United States Code.

“Act” or “the Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et seq.

“Approval authority” means the State of Oregon Department of Environmental Quality (DEQ).

“Administrator” means the U.S. EPA Administrator.

“Applicable pretreatment standards” means, for any specified pollutant, the City of Newberg prohibitive standards, the City of Newberg specific pretreatment standards (local limits), the State of Oregon pretreatment standards, or the EPA’s categorical pretreatment standards (when effective), whichever is more stringent is appropriate or most stringent.

“Authorized representative of industrial user” means:

1. If the user is a corporation:

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

b. The manager of one or more manufacturing, production, or operation facilities, provided the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

2. If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

3. If the user is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

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

“Available wastewater system” means any wastewater system that can be used without the need to acquire easements and sufficient grade exists to serve the property.

“Best management practice (BMP)” means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed 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 (BOD5)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20 degrees Celsius, usually expressed as a concentration (mg/L). This may be expressed in terms of either weight or concentration.

“Building drain” means that part of the lowest horizontal piping of a building drainage system which receives the discharge from soil, waste, and other drainage pipes within or adjoining the building or structure, and conveys the same to the building wastewater system.

“Building official” means the building official for the City of Newberg, Oregon, or the building official’s duly authorized representative or agent.

“Building stormwater system” means that part of the piping of a stormwater drainage system which begins at the connection to the building storm drain at a point five feet outside the established line of the building or structure, and conveys stormwater, surface water, and other unpolluted water to the public stormwater system, street, or other point of disposal.

“Building wastewater system” means that part of the horizontal piping of a wastewater drainage system beginning five feet or more from any building or structure, and which receives the discharge of the building drain and conveys it to a public wastewater system, private wastewater system, individual wastewater disposal system or other point of disposal.

“Categorical pretreatment standards” or “categorical standard” means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act (33 USC 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405 through 471.

“Categorical user” means an industrial user subject to a categorical pretreatment standard or categorical standard.

“Chemical oxygen demand (COD)” means the measure of the organic matter content in wastewater and is the oxygen equivalent of the organic matter that can be oxidized under standard laboratory procedure using a strong chemical oxidizing agent in an acidic medium.

“City” or “City of Newberg” means the municipality of Newberg, Oregon, a municipal corporation of the State of Oregon, acting through the city council or any board, committee, body, official or person to whom the city council shall have lawfully delegated the power to act for or on behalf of the city. Unless a particular board, committee, body, official or person is specifically designated in these rules and regulations, wherever action by the city is explicitly required or implied herein, it shall be understood to mean action by the director of public works or designee of Newberg, Oregon, or the director of public works’ duly authorized representative or agent.

“Collection system” means facilities maintained by the City of Newberg for collecting, pumping, conveying and controlling wastewater.

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

“Combined wastewater system” means a wastewater system that is designed as both a wastewater system and a stormwater system.

“Commercial user” means the occupant or lessee of any premises used for commercial or business purposes which is not an industrial user as defined in this chapter.

“Compatible pollutant” means the pollutants of biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additional pollutants, which the city treatment works may be specifically designed to treat.

“Composite sample” means a series of samples mixed together so as to approximate the average strength of discharge to the wastewater system. A composite sample for one day shall consist of a pool of 24 samples, each taken hourly, unless special conditions warrant otherwise and the director of public works or designee designates an alternative acceptable procedure.

“Control authority” means the City of Newberg, Oregon.

“Control manhole” means a manhole installed as required by the director of public works or designee under the provisions of this chapter; or if no manhole has been so installed, the term “control manhole” shall mean such point, as shall be determined by the director of public works or designee, to which nondomestic wastes produced on the premises and discharged into a wastewater system are accessible for testing.

“Cooling water” means 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.

“Direct discharge” means the discharge of treated or untreated wastewater directly to the water of the State of Oregon.

“Director” or “director of public works” means the director of public works or designee of the City of Newberg, Oregon, or the director of public works’ duly authorized representative or agent.

“Discharge flow” means the deposit of pollutants into the city wastewater system.

“Domestic user” means any person who contributes, causes, or allows the contribution of wastewater into the City of Newberg’s POTW that is of a similar volume and/or chemical makeup to that of a residential dwelling unit. Discharges from a residential dwelling unit typically include up to 100 gallons per capita per day, 0.2 pounds of BOD per capita per day, and 0.17 pounds to TSS per capita per day.

“Domestic wastewater” means wastewater of the type commonly introduced into a treatment works by residential users.

“Drainage water” means stormwater, ground water, surface drainage, subsurface drainage, spring water, well overflow, roof drainage or other like drainage other than wastewater or industrial wastewater.

“Dwelling unit” means a facility designed for permanent or semi-permanent occupancy and provided with minimum kitchen, sleeping, and sanitary facilities for one family. A dwelling unit equals 18 fixture units.

“Environment” means any naturally occurring river, stream, creek, or other waterway, and land mass, the atmosphere, or any subsurface water, aquifer or ground water or any manmade edifice directly or indirectly connected to waterways, land masses, the atmosphere, or ground water as herein listed.

“Environmental Protection Agency (EPA)” means the U.S. Environmental Protection Agency or, where appropriate, the Director of the Region 10 Office of Water, or other duly authorized official of said agency.

“Environmental services supervisor” is delegated by the director as the duly authorized representative of the city responsible for managing the industrial pretreatment program. Should the environmental services supervisor be unavailable then the superintendent shall have responsibility.

“Existing source” means a categorical industrial user, the construction or operation of whose facility commenced prior to the publication by the EPA of proposed categorical pretreatment standards, which would be applicable to such source if and when the standard is thereafter promulgated in accordance with Section 307 of the Act.

“Existing user” means any noncategorical user which was discharging wastewater prior to the effective date of the ordinance codified in this chapter.

“Flow” means the daily total of wastewater flow from an industrial, commercial or domestic user.

“Garbage” means solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

“Grab sample” means a wastewater sample, which is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time.

“Hauled or liquid waste” means any domestic wastewater from holding tanks such as vessels, campers, trailers, septic tanks and city vactor truck waste.

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

“Industrial discharge/user” means a source of indirect discharge.

“Industrial wastewater” means any nondomestic liquid, gaseous substance or semi-solid from any producing, manufacturing business or trade, or processing operation of whatever nature (as distinct from wastewater), and the contents of chemical toilets, septic tanks, and waste-holding tanks.

“Industrial wastewater discharge permit” means a permit to discharge industrial wastewaters into the city wastewater system issued under the authority of this chapter and which prescribes certain discharge requirements and limitations.

“Institution” means any building or group of buildings used as a hospital, correction facility or university, publicly or privately owned.

“Interference” means a discharge which alone or in conjunction with a discharge or discharges from other sources, both:

1. Inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and

2. Is a cause of a violation of the city’s NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of wastewater use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA), including Title II, commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

“Lateral sewer” means any side lateral off a wastewater main line which is in the public right-of-way or easement, operated and maintained by the city and to which a building wastewater system connects or may connect.

“Local limit(s)” means enforceable pretreatment standards developed based on local requirements developed by the city to address federal standards as well as state and local regulations, which apply only to significant industrial users (SIU).

“Maximum allowable discharge limit” means the maximum concentration (or loading) of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

“Medical wastes” means 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.

“Multifamily dwelling” means a building or group of buildings or dwelling units or portion of a building or group of buildings or dwelling units designed for occupancy by two or more families, living independently of each other.

“National Pollutant Discharge Elimination System (NPDES) permit” means a permit issued pursuant to Section 402 of the Act (33 USC 1342).

“National pretreatment standard” means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR 403.5.

“National prohibitive discharge standard” or “prohibitive discharge standard” means prohibited discharges under the authority of 40 CFR 403.5.

“Natural outlet” means any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.

“New source” means:

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

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

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

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

2. 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 above but otherwise alters, replaces, or adds to existing process or production equipment.

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

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

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

ii. 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

b. 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.

“New user” means a user that is not regulated under federal categorical pretreatment standards but that applies to the City of Newberg for a new building permit or occupies an existing building and plans to commence discharge of wastewater to the city’s collection system after the effective date of the ordinance codified in this chapter. Any person that buys an existing facility that is discharging nondomestic wastewater will be considered an “existing user” if no significant changes are made in the manufacturing operation.

“Nondischarging categorical industrial user (NDCIU)” means nondischarging industries that have industrial processes that would otherwise be subject to national pretreatment standards, including NDCIUs with zero discharge categorical standards.

“Operation and maintenance” means activities required to assure the dependable and economical function of treatment works.

1. “Operation” means control of the unit processes and equipment which make up the treatment works. This includes financial and personnel management, records, laboratory control, safety and emergency operation planning.

2. “Maintenance” means preservation of functional integrity and efficiency of equipment and structures. This includes preventive maintenance, corrective maintenance and replacement of equipment.

“OSPSC” means the current edition of the Oregon State Plumbing Specialty Code, as adopted by the Oregon Department of Commerce.

“Parameter” means a characteristic of wastewater that may be measured or calculated and is used in this chapter as a discharge limitation.

“Pass through” means 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 a violation of any requirement of the POTW’s NPDES permit (including an increase in the magnitude or duration of a violation).

“Permittee” means a person or user issued a wastewater discharge permit.

“Person(s)” means an individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity or their legal representatives, agents or assigns. This definition includes all federal, state, or local governmental entities.

“pH” means the logarithm (base 10) of the reciprocal of the hydrogen ion activity expressed in moles per liter of solution.

“Pollutant” means any spoil, waste, residue, wastewater, garbage, sludge, munitions, chemicals, biological materials, radioactive materials, heat, rock, sand, dirt, soil, or agricultural, municipal, or industrial material discharged into water.

“Pollution” means the degradation of the chemical, physical, biological or radiological quality of ground, surface, subsurface, or storm drainage waters by man, or the activities of man.

“Potential to discharge” means hard plumbing connected to the POTW’s wastewater system. This includes plumbing with shutoff valves and plumbing that has been plugged with temporary or removable plugs. Plumbing that has been permanently disconnected or cemented shut would not constitute a potential to discharge.

“Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the city wastewater system.

“Pretreatment requirement” means any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.

“Pretreatment standards” means prohibited discharge standards, categorical pretreatment standards, and local limits established by the city.

“Private collection system” means a privately owned and maintained lateral wastewater system normally six or eight inches in diameter, installed to serve multi-unit structures on single-ownership properties which cannot legally be further divided, such as apartments, mobile home parks, and schools. A single-family residence with an unattached garage or shop with sanitary facilities is exempt from this definition.

“Prohibited discharge standards” or “prohibited discharges” means absolute prohibitions against the discharge of certain substances, which appear in other sections of this chapter.

“Properly shredded garbage” means the wastes from the preparation, cooking and dispensing of food that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public wastewater systems, with no particle greater than one-half inch in any dimension.

“Public wastewater system” means any wastewater system in public right-of-way or easement operated and maintained by the city.

“Public works director” is hereafter identified as the “director” or “director of public works.”

“Publicly owned treatment works (POTW)” means a treatment works, as defined by Section 212 of the Act (33 USC 1292), which is owned by the city. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of wastewater or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.

“Replacement” means obtaining and installing equipment, accessories, or appurtenances which are necessary during the design or useful life, whichever is longer, of the treatment works to maintain the capacity and performance for which such works were designed and constructed.

“Residential wastewater discharge” means that portion of the residential users’ measured or estimated average monthly water consumption, which, after seasonal adjustment, represents the users’ wastewater discharge, in cubic footage volume of hydraulic flow.

“Residential user” means the occupant or lessee of a dwelling unit as defined in this chapter. The dwelling unit may be a single-family dwelling, or a portion of a multifamily dwelling.

“Settleable solids” means those solids that are capable of being settled in a standard Imhoff cone as outlined in Standard Methods.

“Side sewer” means the city wastewater system between the property line and main or trunk sewer of the city wastewater system, also called a lateral sewer.

“Significant industrial user” means (except as provided in subsections (3) and (4) of this definition):

1. A user subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; or

2. A user that:

a. Discharges an average of 25,000 gallons per day (gpd) or more of process wastewater to the POTW (excluding sanitary noncontact cooling and boiler blowdown wastewater);

b. Contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant;

c. Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.

3. The city may determine that an industrial user subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N is a nonsignificant categorical industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary noncontact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:

a. The industrial user, prior to the city’s finding, has consistently complied with all applicable categorical pretreatment standards and requirements;

b. The industrial user annually submits the certification statement required in 40 CFR 403.12(q), signed and certified in accordance with NMC 13.10.200(D)(6), together with any additional information necessary to support the certification statement; and

c. The industrial user never discharges any untreated concentrated wastewater.

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

“Significant noncompliance (SNC)” means:

1. A significant industrial user (or any industrial user which violates subsection (1)(c), (d), or (h) of this definition) is in significant noncompliance if its violation meets one or more of the following criteria:

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

b. Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of all of the 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 applicable TRC (TRC equals 1.4 for BOD, TSS, fats, oil 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, long-term average, instantaneous limit, or narrative standard) that the manager determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of sanitary wastewater system personnel or the general public);

d. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the manager’s exercise of their emergency authority to halt or prevent such a discharge;

e. Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;

f. Failure to provide, within 45 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

g. Failure to accurately report noncompliance; or

h. Any other violation or group of violations, including a violation of best management practices, that the manager determines will adversely affect the operation of implementation of its pretreatment program.

“Single-family dwelling” means any residential building designed for occupancy by only one family.

“Slug load” or “slug discharge” means any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in NMC 13.10.080. A slug discharge is any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW’s regulations, local limits or permit conditions.

“Standard industrial classification (SIC)” means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972, as amended from time to time.

“Standard Methods” means the examination and analytical procedures set forth in the most recent edition of Standard Methods for the Examination of Water and Wastewater, published jointly by the American Public Works Health Association, the American Water Works Association and the Water Pollution Control Federation.

“Storm drain” means that portion of the storm drainage system that is within the public right-of-way or easement operated and maintained by the city. This may include, but is not limited to, pipes, culverts, ditches, waterways or any other appurtenances used for the removal or transportation of rainwater or other unpolluted water.

“Stormwater” means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

“Stormwater system” means a wastewater system which carries storm and surface waters and drainage, but excludes wastewater and industrial wastewater.

“Superintendent” means the person designated by the city to supervise the operation of the wastewater treatment plant, or a duly authorized representative of that person.

“Suspended solids” or “total suspended solids” means the total suspended matter that either floats on the surface or is in suspension in water or wastewater, and that is removable by laboratory filtering (as described in Standard Methods for the Examination of Water and Wastewaters, current edition, or Guidelines Establishing Test Procedures for the Analysis of Pollutants, contained in 40 CFR 136, as published in the Federal Register and referred to as nonfilterable residue).

“Toxic pollutant” means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the EPA.

“Treatment plant effluent” means the discharge from the POTW into waters of the State of Oregon.

“Trunk sewer” means a sewer 10 inches or larger to which other lateral sewers connect. May in some cases serve as a lateral sewer.

“Unpolluted water” means water to which no wastewater or industrial wastewater has been added, or water which has been used in such a manner that no pollutants have been introduced to the flow.

“Upset” means an exceptional incident in which a user unintentionally and temporarily is in a state of noncompliance with the discharge requirements set forth in this chapter due to factors beyond the reasonable control of the user; and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation.

“User” or “users” means any person who contributes or causes or allows the contribution of wastewater or industrial wastewater into the municipal wastewater system, including persons who contribute such wastes from mobile sources.

“User charge” means a charge levied on users of a treatment works for the user’s proportionate share of the cost of operation and maintenance (including replacement) of such works.

“Wastewater” means a combination of liquid or water-carried waste or pollutants from residences, commercial and business buildings, institutions and industrial establishments, together with such ground, surface and stormwater that may be present, whether treated or untreated.

“Wastewater discharge permit” (“industrial wastewater discharge permit,” “discharge permit”) means an authorization or equivalent control document issued by the city to users discharging wastewater to the POTW. The permit may contain appropriate pretreatment standards and requirements as set forth in this chapter.

“Wastewater system” means a pipe or conduit for carrying or intended to carry wastewater. This includes all pipes, conduits, pumps, wet wells, treatment equipment and other components involved in the collection, transportation, treatment, and disposal of residential or industrial wastewater.

“Wastewater system user” means any person using a city wastewater system, or who has a residence, multifamily, or commercial building, institutional building, industrial building, or other structure containing plumbing, requiring connection to a wastewater system as outlined by this chapter.

“Wastewater treatment plant” or “treatment plant” means that portion of the POTW which is designed to provide treatment of municipal wastewater and industrial waste.

“Water user” means any person using water through the facilities of the municipal water systems.

“Watercourse” means a channel in which a flow of water occurs, either continuously or intermittently. [Ord. 2920 §§ 1 (Exh. A), 3, 12-4-23; amended during 2011 recodification; Ord. 2713 Exh. B, 4-20-09; Ord. 2684 § 1, 12-17-07; Ord. 2319, 1-21-92; Ord. 2150, 8-28-84. Code 2001 § 51.04.]

Article II. Wastewater System Connections

13.10.050 Use of public wastewater system required.

A. Unlawful Uses. It shall be unlawful for any person to place, deposit or permit to be deposited in an unsanitary manner upon public or private property within the city, or in any area under the jurisdiction of the city, any human or animal excrement, garbage or other objectionable waste.

B. Pretreatment Required. It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any wastewater, industrial wastewaters or other polluted waters except where suitable treatment has been provided in accordance with subsequent provisions of this chapter and as approved and specifically permitted as necessary by the Oregon Department of Environmental Quality.

C. Unlawful Disposal Systems. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of wastewater.

D. Connection Required. The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the city and abutting on any public street, alley or easement in which there is now located or may in the future be located a public wastewater system of the city, is required at the owner’s expense to install suitable toilet and plumbing facilities directly with the proper side sewer in accordance with the provisions of this chapter. The connection shall be made within 90 days after the date of the official notice to do so; provided, that the public wastewater system is within 100 feet of any property line. For the purposes of this section, notice shall be deemed to have been received upon the mailing of the notice in accordance with NMC 13.10.290.

E. Failure to Connect. Upon the failure of the owner, lessee or occupant to connect the premises to a public wastewater system within the stipulated time, the director, after giving the owner, lessee or occupant an opportunity to be heard, may proceed to connect the premises to a public wastewater system, and the cost of the connection shall be charged and become a city lien upon the property.

F. Gravity Service. Laterals shall provide gravity service to a parcel. Wastewater laterals shall provide gravity service to the main living area of a dwelling or primary use area of a nondwelling such that a majority of the fixture units can achieve gravity wastewater service. [Ord. 2837 § 1, 7-2-18; Ord. 2713 Exh. B, 4-20-09; Ord. 2684 § 1, 12-17-07; Ord. 2150, 8-28-84. Code 2001 § 51.15.]

Penalty: See NMC 13.10.360.

13.10.060 Private wastewater disposal.

Repealed by Ord. 2837. [Ord. 2713 Exh. B, 4-20-09; Ord. 2684 § 1, 12-17-07; Ord. 2150, 8-28-84. Code 2001 § 51.16.]

Penalty: See NMC 13.10.360.

13.10.070 Wastewater system connection procedures.

A. Permit Required. All new construction shall be connected to the city wastewater system. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public wastewater system or appurtenance without first obtaining a written permit from the director. The permit shall specify the location where the connection (or other approved work) shall be made, the manner of making the connection, the nature of the waste to be discharged to the wastewater system, the name and address of the owner, and the name of the wastewater system installer who will be doing the work. No permit shall be issued unless the wastewater system to which connection is requested has been accepted as a part of the public or commonly maintained private wastewater system. No permit shall be issued without payment of all appropriate permit, connection, development and inspection fees, including any delinquent assessments against the owner of the property.

B. Permit Types.

1. There shall be two types of building wastewater system permits:

a. Type 1, for residential and commercial service; and

b. Type 2, for service to establishments producing industrial wastes.

2. There shall be the following classes of industrial users under the Type 2 wastewater system permit:

a. Class 1: Canneries, including food and animal processing.

b. Class 2: Industrial users of water in the processing or monitoring of products.

c. Class 3: All other industrial users.

d. Additional classes of industrial users may be established by the city as needed.

3. In any case, the owner or an agent of the owner shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the director. Connection fees and systems development charges for residential, commercial and industrial building wastewater system permits payable to the director shall be in such amounts as provided for in subsection (F) of this section.

C. Industrial Wastewater Discharge Permit Required. Industrial and institutional users shall not use the public wastewater system for the discharge of industrial or any other wastes either directly or indirectly without first obtaining an industrial wastewater discharge permit as provided in NMC 13.10.130 et seq.

D. Emptying of Wastewater Holding Tanks. Every establishment providing facilities for the emptying of wastewater holding tanks on recreational vehicles shall obtain a permit to do so. The facilities shall be maintained in a clean and sanitary condition and shall be so constructed that surface drainage cannot enter the wastewater system. Plans for such dumping facilities constructed after the effective date of the ordinance codified in this chapter shall be approved by the director prior to construction. The permit fees shall be the same as those required for a wastewater system connection and shall be in addition to the appropriate connection fees and systems development charges.

E. Payment of Connection Costs. All costs and expenses incidental to the installation and connection of the building wastewater system shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building wastewater system.

F. Wastewater System Connection.

1. The wastewater system connection fee shall be calculated based on estimates of actual costs incurred by the city in conjunction with the connection of the service, which includes tapping the main line and installing the side sewer to the property line, and shall be payable with the application for service. Costs in excess of the estimate shall be due upon completion of the connection work by the city and any excess shall be promptly refunded.

2. As used herein, the term “wastewater system openings” shall be defined to mean and include all lavatories, wash basins, toilets, bathtubs, showers, sinks, laundry trays, floor drains, and any and all other fixtures or connections which shall provide an opening for wastewater and waste to be drained into the wastewater system, but shall not include cleanout openings which are used solely for maintaining, repairing, and/or cleaning the plumbing system on any premises.

3. Repealed by Ord. 2837.

4. Revenue from wastewater system connection fees as defined in subsection (F)(1) of this section shall be paid into the wastewater fund.

G. Design/Construction Standards. Plans for all public and private wastewater systems shall be reviewed and approved by the director prior to construction. The plans shall conform to the requirements of the State Department of Environmental Quality, as well as the city’s public works design and construction standards. All public and commonly maintained private wastewater systems shall be designed by a registered professional engineer.

H. Cleanouts. Cleanouts shall be installed on all new building wastewater systems. The cleanout shall be placed vertically above the flow of the pipe and at a point near the connection of the building wastewater system to the building drain. Cleanouts will also be placed at the connection of building wastewater system to the public system.

I. Unacceptable Conditions. No direct connection shall be made between the wastewater system and any opening, which will drain rain runoff, surface water, or subsurface water.

J. Construction Safety Measures. All excavations for building wastewater system installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the director.

K. Independent Drainage Systems. Every dwelling and/or building under separate ownership shall have an independent wastewater system connection with a public or private collection system. Additionally, each parcel shall be served by individual laterals.

L. Parcelization of Private Collection Systems. When property being served by a private collection system is divided into two or more parcels with different ownership:

1. The private wastewater collection system may be transferred to the public system with the consent of the director, provided the private collection system meets the current city standards; or

2. The private collection system shall be constructed to meet the current city standards; or

3. Individual wastewater service connections to the public main will be provided by the private collection system owner.

M. Repealed by Ord. 2837.

N. Repealed by Ord. 2837.

O. Owner Responsibility. It shall be the responsibility of the owner, lessee or occupant of a building to maintain the building wastewater system or private collection system in a free-flowing and watertight condition, from the structure served to the public wastewater system or the property line.

P. Monitoring of Private Wastewater Systems.

1. New and existing private wastewater systems will be periodically monitored by the city for leaks or discharges of extraneous water. This monitoring may take the form of, but is not limited to: direct visual observations; indirect measurements; television inspection; or air or water pressure tests, smoke tests or exfiltration tests.

2. If, in the opinion of the director, such monitoring shows a wastewater system to be defective, no further proof is needed for the director to require the wastewater system to be repaired to current standards at the owner’s expense.

3. Existing wastewater systems exceeding a maximum allowable infiltration inflow rate of more than 300 gallons per day per single detached living unit, 1,200 gallons per acre per day or 3,000 gallons per day per inch-diameter mile of wastewater system are deemed unsafe and unsanitary and shall be repaired at the owner’s expense.

4. Those users who do not comply with the infiltration/inflow regulations shall have a period of time as determined by the director, but not to exceed 90 days unless approved otherwise by the director, to reach compliance with the regulations.

Q. Discontinuance of Septic Tank or Cesspool. In every instance in which use of a septic tank or cesspool is discontinued for any reason, the septic tank or cesspool shall be pumped out and emptied of wastewater and sludge, the top demolished, and refilled with clean sand or gravel.

R. Capping of Building Wastewater System for Abandonment.

1. Before a building can be moved or demolished, a building permit must be obtained from the city building official which requires that the wastewater system has been properly capped and inspected. No exceptions will be allowed.

2. All building wastewater systems shall be capped at the public main in an approved manner by the property owner or the property owner’s contractor and inspected by the city prior to closure of the excavation. Exception: If adequate proof can be given showing a wastewater system service is in usable condition and is to be reused, and director may allow the service to be capped at the property line.

3. It is the owner’s responsibility to ensure that no other structure is connected to the wastewater system service being abandoned. If the line being abandoned is serving more than one structure, a service connection for the structure(s) still using the service must be provided, and the applicant shall relocate the wastewater system at the applicant’s expense.

4. If the director determines that capping at the main will cause undue hazard to the public or if a street has been recently resurfaced, a variance to this section may be granted to require that the wastewater system be capped as close to the main as is practical.

S. Watertightness, Other Conformance Required. All public or private wastewater systems, whether publicly or privately constructed, shall conform to current standards of design, materials, and workmanship prescribed by the director. Failure to meet tests for watertightness shall be grounds for refusal of acceptance. Permits to connect to such wastewater systems will not be issued until the system is approved and accepted. All new construction of private wastewater systems, including single-family dwellings, shall conform to the OSPSC.

T. Installations on Private Property. All wastewater and plumbing installations on private property to be connected with any wastewater system connection installed in accordance with this chapter shall be installed in accordance with the provisions of the OSPSC and all ordinances, rules, and regulations of the city applicable thereto; and the director shall have the power to refuse to make or complete the wastewater system connection in the event of any failure to comply with the provisions of this subsection. [Ord. 2837 § 1, 7-2-18; Ord. 2823 § 1, 3-19-18; Ord. 2784 §§ 3 – 6, 9-8-15; amended during 2011 recodification; Ord. 2733

Att. A, 2-7-11; Ord. 2713 Exh. B, 4-20-09; Ord. 2684 § 1, 12-17-07; Ord. 2526, 4-17-00; Ord. 2150, 8-28-84. Code 2001 § 51.17.]

Penalty: See NMC 13.10.360.

Article III. Discharge Regulations

13.10.080 General discharge prohibitions.

A. General Prohibited Pollutants. No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will cause interference or pass through. These general prohibitions apply to all users of the municipal wastewater system, whether or not the user is subject to categorical pretreatment standards or any other national, state or local pretreatment standards or requirements.

B. Specific Prohibited Pollutants. Furthermore, no user may contribute the following substances to the system:

1. Waters or wastes containing substances in such concentrations that they inhibit or interfere with the operation or performance of any wastewater treatment process, are not amenable to treatment or reduction by the wastewater treatment process employed, or are only partially amenable to treatment such that the wastewater treatment plant effluent cannot meet the requirements of any agency having jurisdiction over its discharge to the receiving waters or that prevents the use or disposal of wastewater treatment plant sludge in accordance with applicable state and federal regulations.

2. 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 operation of the POTW. At no time shall two successive readings on an explosion hazard meter at the point of discharge into the system (or at any point within the system) be more than five percent, nor any single reading over 10 percent, of the lower explosive limit of the meter. Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed-cup flash point of less than 140 degrees Fahrenheit (60 degrees Celsius) using the test methods specified in 40 CFR 261.21; prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, sulfides and any other substances which the city has notified the user are a fire hazard or other hazard to the system.

3. Solid or viscous substances which may cause obstruction to the flow in a wastewater system or other interference with the operation of the wastewater treatment facilities such as, but not limited to: oil, fat, grease, garbage with particles greater than one-half inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, manure, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, glass grinding or polishing wastes, creosote, fish or fowl heads, lard, tallow, baking dough, chemical residues, paint residues or cannery waste bulk solids (i.e., solids greater than one-half inch in any dimension).

4. Any wastewater having a pH less than 6.0 or greater than 9.0, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel of the POTW.

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

6. Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life, or are sufficient to prevent personnel entry into a wastewater system or pump station for maintenance and repair.

7. Any substance which may cause the POTW’s effluent, or any other product of the POTW such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations promulgated by the DEQ.

8. Any substance which will cause the POTW to violate its NPDES permit or receiving water quality standards.

9. Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant’s effluent, thereby violating the city’s NPDES permit. Color (in combination with turbidity) shall not cause the treatment plant effluent to reduce the depth of the compensation point for photosynthetic activity by more than 10 percent from the seasonably established norm for aquatic life.

10. Any wastewater having heat in amounts which will inhibit biological activity in the POTW treatment plant resulting in interference; but in no case wastewater with heat in amounts such that the temperature at the treatment plant influent exceeds 40 degrees centigrade (104 degrees Fahrenheit). In no case shall wastewater exceeding 60 degrees centigrade (150 degrees Fahrenheit) be introduced into the POTW.

11. Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW.

12. Any material from a cesspool, wastewater holding tank, or septic tank. Septic tank pumpers may not discharge into the POTW unless specifically authorized in writing by the director.

13. Any radioactive material, except in compliance with the current “Oregon Regulations for the Control of Radiation” (OAR 333-22-150).

14. Any wastewater which causes a hazard to human life or creates a public nuisance.

15. Any unusual concentrations of settleable or suspended solids which may interfere with the operation of the POTW, or require extraordinary attention or expense to handle such material at the POTW treatment works.

16. Any excess concentrations of dissolved solids which may interfere with the operation of the POTW, or cause water quality degradation, which includes, but is not limited to, sodium chloride, calcium chloride, and sodium sulfate.

17. Any fat, oils or greases, including but not limited to petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin, in amounts that will cause interference or pass through.

18. Pollutants which result in the presence of toxic gases, vapors, or fumes within the city’s wastewater treatment system in a quantity that may cause acute worker health and safety problems.

19. Any hauled or liquid waste except at discharge points designated by the city.

20. Any sludges, screenings, or other residues from the pretreatment of industrial wastes or from industrial processes.

21. Medical wastes, except as specifically authorized by the superintendent.

22. Wastewater causing, alone or in conjunction with other sources, the treatment plant’s effluent to fail toxicity tests.

23. Persistent pesticides and/or pesticides regulated by the Federal Insecticide Fungicide Rodenticide Act (FIFRA).

24. Wastewater sludge, except in accordance with the city’s NPDES permit, providing that it specifically allows the discharge to surface waters of wastewater sludge pollutants.

25. Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW.

C. Noncompliance – Procedures of the Director. When the director determines that a user is contributing to the POTW any of the above-enumerated substances in such amounts as to interfere with the operation of the POTW or pass through to waters of the state, the director shall:

1. Advise the user of the impact of the contribution on the POTW; and

2. Develop effluent limitations for the user to correct the interference or pass through with the POTW.

3. Follow the penalty procedures set forth in NMC 13.10.360.

D. Other Prohibitions.

1. No person shall discharge or cause to be discharged any stormwater, surface water, ground water, roof or parking lot runoff, sump pumps, subsurface discharge or uncontaminated cooling water to a wastewater system.

2. Stormwater, all other unpolluted drainage, uncontaminated cooling water and any discharge permitted by the DEQ shall be discharged to such wastewater systems as are specifically designated as stormwater systems, or to a natural outlet approved by the director.

3. No person shall cause pollution of any water of the state or cause any waste to be placed in a location where the wastes are likely to escape to be carried into the storm drainage system and by the storm drains into the waters of the state.

4. Except as may be specifically permitted by the DEQ, no person shall discharge into the storm drainage system any material listed in this section, or any other material which may cause nuisance problems. However, this does not restrict the city from working cooperatively with any user in the user’s efforts to obtain necessary discharge permits from the DEQ.

E. Disposal of Oil and Grease.

1. Effective February 8, 1983, all new restaurants employing an oil and/or grease process shall install an approved oil/grease trap before discharging to the POTW. In the case of other users (including preexisting restaurants), grease, oil and sand interceptors shall be provided when, in the opinion of the director, they are necessary for: the proper handling of liquid wastes containing oil or grease in excessive amounts as to cause plugging or maintenance problems within the collection system; any flammable wastes and/or other harmful ingredients. The interceptors shall be so located as to be readily and easily accessible for cleaning and inspection, and shall be approved by the director prior to installation.

2. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight.

3. Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at the owner’s expense, in continuously efficient operation. All cleaning residues shall be satisfactorily disposed of in an approved, environmentally acceptable manner. [Ord. 2713 Exh. B, 4-20-09; Ord. 2684 § 1, 12-17-07; Ord. 2319, 1-21-92; Ord. 2150, 8-28-84. Code 2001 § 51.25.]

Penalty: See NMC 13.10.360.

13.10.090 Specific discharge limitations.

A. Limits to Industrial Waste Discharge Permit Holders. It is unlawful for a discharger who has an effective industrial waste discharge permit pursuant to NMC 13.10.130 et seq. to discharge wastes to the POTW in excess of the limitations established in the permit, or in violation of the prohibited discharge limitations in NMC 13.10.080. The director shall establish industrial waste discharge permit limitations to the extent necessary to enable the city to:

1. Comply with current National Pollutant Discharge Elimination System permit requirements, categorical and general pretreatment standards, and waste discharge requirements as promulgated by the U.S. Environmental Protection Agency and the Oregon State Department of Environmental Quality;

2. Protect the public health and safety;

3. Protect the receiving water quality;

4. Protect the POTW;

5. Comply with all other applicable federal and state laws;

6. Protect worker safety (i.e., toxic gases in wastewater systems); and

7. Make biosolids reusable.

B. Limitations on Specific Materials. In addition to categorical pretreatment standards referenced in subsection (A) of this section, no discharger shall discharge wastewater containing concentrations (and/or mass limitations) of substances exceeding those local limits established pursuant to resolution of the city council.

The city shall revise from time to time standards for specific restricted substances. These standards shall be developed in accordance with 40 CFR 403.5, and shall implement the objectives of this chapter. Standards adopted in accordance with this section will be deemed pretreatment standards for the purposes of Section 307(d) of the Act. These limitations are meant to apply to significant industrial users only.

The city engineer may impose mass limitations in addition to, or in place of, the concentration-based limits. Where an industrial user is subject to a categorical pretreatment standard and a local limit for a given pollutant, the more stringent limit or applicable pretreatment standard shall apply. The city may develop best management practices (BMPs) in lieu of numerical limitations.

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

The director may develop best management practices (BMPs) by ordinance or in individual wastewater discharge permits, to implement local limits and the requirements of NMC 13.10.080(A).

C. Avoidance of Pretreatment Prohibited. No user shall add or increase the use of potable or process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate pretreatment to achieve compliance with the standards and limitations set forth in this chapter, or in an industrial waste discharge permit issued pursuant to this chapter.

D. Additional Limitations Permitted. The city reserves the right to establish by ordinance, resolution, or individual wastewater discharge permit more stringent limitations or requirements on discharges to the POTW if deemed necessary to comply with the objectives presented in NMC 13.10.030.

E. Compliance with State of Oregon Standards. State of Oregon requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this chapter.

F. Federal Standards. Upon promulgation of federal categorical pretreatment standards, those standards shall supersede the limitations imposed by this chapter if they are more stringent. The national categorical pretreatment standards as amended and promulgated by the EPA pursuant to the Act and as found at 40 CFR Chapter I, Subchapter N, Parts 405 through 471, are incorporated and shall be enforceable under this chapter.

G. Special Agreement. The city reserves the right to enter into special agreements with users 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, users 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.

H. Concentration/Mass Limitation Specifics. The superintendent may convert the mass limits of the categorical pretreatment standards of 40 CFR Parts 414, 419, and 455 to concentration limits for purposes of calculating limitations applicable to individual industrial users. The conversion is at the discretion of the superintendent.

1. Once included in its permit, the industrial user must comply with the equivalent limitations developed in this section in lieu of the promulgated categorical standards from which the equivalent limitations were derived.

2. Many categorical pretreatment standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum monthly average, or four-day average, limitations. Where such standards are being applied, the same production or flow figure shall be used in calculating both the average and the maximum equivalent limitation.

3. Any industrial user operating under a permit incorporating equivalent mass or concentration limits calculated from a production-based standard shall notify the superintendent within two business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any user not notifying the superintendent of such anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long-term average production rate.

I. pH Limitations Under Continuous Monitoring.

1. Where an industrial user continuously measures the pH of wastewater pursuant to a requirement or permit issued, the permittee shall maintain the pH of such wastewater within the range set forth in the applicable effluent limitation guidelines, except excursions from the range are permitted subject to the following limitations:

a. The total time during which the pH values are outside the required range of pH values shall not exceed seven hours and 26 minutes in any calendar month; and

b. No individual excursion from the range of pH values shall exceed 60 minutes.

c. Discharge with pH less than 5.0 is prohibited and not subject to excursion allowances.

d. Discharge with pH greater than or equal to 12.5 is prohibited and not subject to excursion allowances.

2. 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 the applicable effluent limitation guidelines. [Ord. 2920 §§ 1 (Exh. A), 2, 12-4-23; Ord. 2713 Exh. B, 4-20-09; Ord. 2684 § 1, 12-17-07; Ord. 2319, 1-21-92; Ord. 2150, 8-28-84. Code 2001 § 51.26.]

Cross-reference: See OAR Chapter 340.45, et seq., Environmental Quality Standards.

Penalty: See NMC 13.10.360.

13.10.100 Federal categorical pretreatment standards.

A. Compliance with Federal Standards. Upon the promulgation of the federal categorical pretreatment standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter.

B. Modification of Specific Limitations. Where the city’s wastewater treatment system achieves consistent removal of pollutants limited by federal categorical pretreatment standards, the city may apply to the DEQ for modification of specific limits in the categorical pretreatment standards.

“Consistent removal” shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system in 95 percent of the samples taken when measured according to the procedures set forth in 40 CFR 403.7(b)(2), “General Pretreatment Regulations for Existing and New Sources of Pollution,” promulgated pursuant to the Act. The city may then modify pollutant discharge limits in the general pretreatment standards if the requirements contained in 40 CFR 403.7, are fulfilled and prior approval from the DEQ is obtained.

C. Baseline Monitoring Report (BMR). Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the director a report which contains the information listed in subsections (C)(1) through (8) of this section. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the director a report which contains the information listed in subsections (C)(1) through (8) of this section. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

1. The name and address of the facility and the name of the owner and operator;

2. A list of any environmental control permits held by or for the facility;

3. A brief description of the nature, average rate of production, and standard industrial classification of the operation(s) carried out by the industrial user. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes;

4. Information showing the measured average daily and maximum daily flows, in gallons per day, to the POTW from each of the following:

a. Regulated process streams; and

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

5. Measurement of Pollutant.

a. The industrial user shall identify the categorical pretreatment standards applicable to each regulated process.

b. In addition, the industrial user shall submit the results of sampling and analysis identifying the nature and concentration (and/or mass, where required by the standards of the city) of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long average concentrations (or mass where required) shall be reported. The sample shall be representative of daily operations and shall be performed in accordance with procedures set out in 40 CFR Part 136.

c. The user must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the environmental services supervisor or superintendent. Where time-proportional composite sampling or grab sampling is authorized by the city, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the city, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.

d. Samples for oil and grease, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using four grab collection techniques for which historical sampling data does not exist.

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

f. All sample results shall indicate the time, date and location of sampling; methods of analysis, date of and person performing analysis; and a certification that such sampling and analysis is representative of normal work cycles and expected pollutant discharges from the user. If a user sampled and analyzed, using methodologies in 40 CFR Part 136, more frequently than what was required in its wastewater discharge permit, user shall submit all results of sampling and analysis of the discharge as part of user’s self-monitoring report.

g. The possession and handling of a sample from the time of collection through the time of disposal shall be documented on a chain of custody form. The actual person collecting the sample shall fill out the chain of custody form at the time of sampling. The chain of custody form shall be completed by all persons in possession of the sample until it is ultimately received at an analytical laboratory and disposed of. The chain of custody record shall be retained by the user and shall become part of the analysis documentation. If the user fails to retain proper and complete chain of custody documentation, analysis for the sample in question will be invalidated and the user shall sample again;

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

7. Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in NMC 13.10.150;

8. All baseline monitoring reports must be signed and certified in accordance with NMC 13.10.200(D)(6).

D. Reports on Compliance with Categorical Pretreatment Standards.

1. Within 90 days following the date for final compliance with applicable categorical pretreatment standards or in the case of a new source, following commencement of the introduction of wastewater into the municipal wastewater system, any industrial user subject to such pretreatment standards and requirements shall submit to the city a report containing the information prescribed in subsection (C) of this section. For all other industrial users 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 user’s actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with NMC 13.10.200(D)(6).

2. This report shall be completed in compliance with the specific requirements of 40 CFR 403.12(c) promulgated by the Environmental Protection Agency on January 28, 1981, or any subsequent revisions.

3. If the information required in subsection (D)(1) of this section has already been provided to the director, and that information is still accurate, the discharger may reference this information instead of submitting it again.

E. Periodic Compliance Reports.

1. All significant industrial users shall, at a frequency determined by the director but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with NMC 13.10.200(D)(6).

2. All wastewater samples must be representative of the user’s discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

3. If a user subject to the reporting requirement in this section monitors any regulated pollutant, at the appropriate sampling location, more frequently than required by the director, using the procedures prescribed in subsection (C)(5) of this section, the results of this monitoring shall be included in the report.

4. The city may reduce the requirement in subsection (E)(1) of this section to a requirement to report no less frequently than once a year, unless required more frequently in the categorical pretreatment standard or by the approval authority, where the user meets all of the following conditions:

a. The user’s total categorical wastewater flow does not exceed any of the following:

i. 0.01 percent of the design dry weather hydraulic capacity of the POTW, or 5,000 gallons per day, whichever is smaller, as measured by a continuous effluent flow monitoring device unless the user discharges in batches;

ii. 0.01 percent of the design dry weather organic treatment capacity of the POTW; and

iii. 0.01 percent of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed by the POTW in accordance with 40 CFR 403.5(c);

b. The user has not been in significant noncompliance, as defined in NMC 13.10.290(A)(2), for any time in the past two years;

c. The user does not have daily flow rates, production levels, or pollutant levels that vary so significantly that decreasing the reporting requirement for this user would result in data that are not representative of conditions during the reporting period;

d. The user must notify the city immediately of any changes at its facility causing it to no longer meet the conditions of subsection (E)(4)(a) or (b) of this section. Upon notification, the user must immediately begin complying with the minimum reporting in subsection (E)(1) of this section; and

e. The city must retain documentation to support the city’s determination that a specific user qualifies for reduced reporting requirements under subsection (E)(4) of this section for a period of three years after the expiration of the term of the control mechanism or in compliance with the state archives rules, whichever is longer.

5. The city may authorize an industrial user subject to a categorical pretreatment standard to forgo sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user 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 intake water and without any increase in the pollutant due to activities of the industrial user. This authorization is subject to the following conditions:

a. The waiver may be authorized where a pollutant is determined to be present solely due to wastewater discharged from the facility; provided, that the wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.

b. The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit.

c. In making a demonstration that a pollutant is not present, the industrial user must provide data from at least one sampling of the facility’s process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.

d. The request for a monitoring waiver must be signed in by a duly authorized representative of the industrial user and include the certification statement in NMC 13.10.200(D)(6).

e. Nondetectable sample results may be used only as a demonstration that a pollutant is not present if the EPA-approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.

f. Any grant of the monitoring waiver by the director must be included as a condition in the user’s permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the director for three years after expiration of the waiver.

g. Upon approval of the monitoring waiver and revision of the user’s permit by the director, the industrial user must certify on each report, with the following statement, that there has been no increase in the pollutant in its wastestream due to activities of the industrial user:

Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 CFR _______ [specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of ______ [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under NMC 13.10.100(E).

h. In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user’s operations, the user must immediately comply with the monitoring requirements of NMC 13.10.200(E), or other more frequent monitoring requirements imposed by the director, and notify the director.

i. This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard. [Ord. 2713 Exh. B, 4-20-09; Ord. 2684 § 1, 12-17-07; Ord. 2319, 1-21-92; Ord. 2150, 8-28-84. Code 2001 § 51.27.]

Penalty: See NMC 13.10.360.

13.10.110 Pretreatment requirements.

A. User Compliance. Users shall provide necessary wastewater pretreatment as required to comply with this chapter and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided and maintained continuously in satisfactory and effective operation by the owner at the owner’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the director for review and shall be acceptable to the director before construction of the facility. The review of the plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be approved by the director prior to the user’s initiation of the changes.

B. Agreement or Contract with the City. Unless specifically exempted by the director in writing, any pretreatment requirements shall be incorporated in either:

1. If the facility is located within the jurisdiction of the city, an industrial waste discharge permit issued under this chapter and made a condition of issuance of the permit; or

2. If the facility is located outside the jurisdiction of the city, a contractual agreement between the city and the affected facility and made a condition of the acceptance of the waste from that facility.

C. Compliance with Other Laws. No person, by virtue of plan approval under subsection (A) of this section, shall be relieved of compliance with other laws of the city and of the state relating to construction and to permits.

D. Wastewater Survey. When requested by the director all industrial users must submit information on the nature and characteristics of their wastewater by completing a wastewater survey prior to commencing their discharge. The director is authorized to prepare a form for this purpose and may periodically require industrial users to update the survey. Failure to complete this survey shall be reasonable grounds for terminating service to the industrial user and shall be considered a violation of this chapter.

E. Deadline for Compliance with Applicable Pretreatment Requirements. Compliance by existing sources covered by categorical pretreatment standards shall be within three years of the date the standard is effective unless a shorter compliance time is specified in the appropriate standard. The city shall establish a final compliance deadline date for any existing user not covered by categorical pretreatment standards or for any categorical user when the local limits for said user are more restrictive than the federal categorical pretreatment standards. New source and new users are required to comply with applicable pretreatment standards within the shortest feasible time, not to exceed 90 days from the beginning of discharge. New sources and new users shall install, have in operating condition, and shall start up all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge. Any wastewater discharge permit issued to a categorical user shall not contain a compliance date beyond any deadline date established in the EPA’s categorical pretreatment standards. Any other existing user or a categorical user 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 an industrial wastewater permit to ensure compliance within the shortest time feasible.

F. Additional Pretreatment.

1. Whenever deemed necessary, the director may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific wastewater systems, relocate and/or consolidate points of discharge, separate wastewater wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the POTW and determine the user’s compliance with the requirements of this chapter.

2. Each user discharging into the POTW, if requested, shall install and maintain, on its property and at its expense, a suitable storage and flow-control facility to ensure equalization of flow over a 24-hour period. The facility shall have a capacity for at least 150 percent of the daily discharge volume and shall be equipped with alarms and a rate of discharge controller, the regulation of which shall be directed by the director. A wastewater discharge permit may be issued solely for flow equalization.

3. Fats, oils, grease and sand interceptors shall be provided when, in the opinion of the director, they are necessary for the proper handling of wastewater containing excessive amounts of fats, oils, grease and sand, except that such interceptors shall not be required for users that are solely or strictly residential users. All interception units shall be of a type and capacity approved by the director and shall be so located as to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at its expense. A log of all inspections, cleanings and repairs made to the interceptors shall be maintained on site, and shall be made available to city staff for inspection upon request. The log shall include the date, actions performed, and name, address, and phone number of the person or firm performing the inspection, cleaning or repair.

4. Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.

5. Users may be required to install a control manhole, or other sampling device approved by the director, when deemed necessary by the director, to facilitate observation, sampling and flow measurement of the discharge. Such manholes, or other sampling devices approved by the director, shall be accessible and safely located and shall be constructed in accordance with plans approved by the city. The manhole, or other sampling device approved by the director, shall be installed and maintained by the user at their expense.

6. The director may also require (a) the installation of technology required to meet applicable pretreatment standards and requirements and (b) the submission of all notices and self-monitoring reports from industrial users as are necessary to assess and assure compliance by industrial users with pretreatment standards and requirements, including but not limited to the reports required in this chapter. [Ord. 2713 Exh. B, 4-20-09; Ord. 2684 § 1, 12-17-07; Ord. 2319, 1-21-92; Ord. 2150, 8-28-84. Code 2001 § 51.28.]

13.10.120 Spill prevention/slug control.

The director may require any user to develop and implement a spill prevention/slug control plan. Where deemed necessary by the city, facilities to prevent accidental discharge or slug discharges of pollutants shall be provided and maintained at the user’s cost and expense. A spill prevention/slug control plan (SP/SCP) 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 user is required to develop a plan and require said plan to be submitted within a specified period of time after notification by the city. Each user shall implement its SP/SCP as submitted or as modified after such plan has been reviewed and approved by the city. Review and approval of such plans and operating procedures by the city shall not relieve the user from the responsibility to modify its facility as necessary to meet the requirements of this chapter. The director shall include SP/SCP or specific required actions in the industrial waste discharge permit.

A. Any user required to develop and implement a spill prevention/slug control plan shall submit a plan, which addresses, at a minimum, the following:

1. Description of discharge practices, including nonroutine batch discharges;

2. Description of stored chemicals;

3. Procedures for immediately notifying the POTW of any accidental or slug discharge and procedures for follow-up written notification within five days. Such notification must also be given for any discharge which would violate any of the standards in other sections of this chapter; and

4. Specific actions and procedures to prevent adverse impact from any accidental or slug discharge. Such actions and procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic chemicals (including solvents), and/or measures and equipment for emergency response.

B. Notification – Procedure.

1. Any user experiencing an upset in operations, or a spill, which could cause problems for the POTW shall immediately notify the city of the upset or spill. The notification shall include the location of the spill or discharge; type, concentration and volume of pollutant; and hazards which may be posed to life and/or property; and corrective actions proposed and/or being taken.

2. Within five days following such an occurrence, the user shall submit to the director a detailed written report outlining the following:

a. Description of the upset or spill, the cause of the upset or spill, and the upset’s impact on the discharger’s compliance status.

b. 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.

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

3. A notice informing employees of the notification requirements, and containing a telephone number and/or individual to contact in the event of such an upset or spill, shall be posted in a conspicuous place, visible to all employees that may reasonably be expected to observe such a discharge.

4. Failure by any noncomplying user (or employees) to report the noncompliance in the manner provided above shall constitute a violation of this chapter and subject the user to the penalties set forth in NMC 13.10.360. Each failure to report a discharge shall be considered a separate violation.

5. A documented, verified and bona fide operating upset may be considered in mitigation of any enforcement action brought by the director under this chapter, provided the user complies with the notification and reporting requirements of this action.

C. Schedule of Compliance. Direct or indirect connections or entry points which could allow spills or uncontrolled discharges of hazardous or toxic substances or substances prohibited under NMC 13.10.080(A) to enter the POTW shall be eliminated, labeled, or controlled so as to prevent the entry of wastes in violation of this chapter. The director may require the industrial user to install or modify equipment or make other changes necessary to prevent the discharge as a condition of issuance of an industrial waste discharge permit or as a condition of continued discharge into the POTW. A schedule of compliance shall be established by the director, which requires completion of the required actions within the shortest reasonable period of time. Violation of the schedule without an extension of time by the director is a violation of this chapter. [Ord. 2713 Exh. B, 4-20-09; Ord. 2684 § 1, 12-17-07; Ord. 2319, 1-21-92; Ord. 2150, 8-28-84. Code 2001 § 51.29.]

Penalty: See NMC 13.10.360.

Article IV. Industrial Waste Discharge Permits

13.10.130 Requirements for a permit.

No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the director. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set forth in this chapter. 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. The director may require other users, including haulers of liquid waste, to obtain wastewater discharge permits (as necessary) to carry out the purposes of this chapter.

The City of Newberg may use BMP and general control mechanisms to control discharges of waste into the POTW. BMP and general control mechanisms will contain the same elements as the industrial waste discharge permit. [Ord. 2713 Exh. B, 4-20-09; Ord. 2684 § 1, 12-17-07; Ord. 2319, 1-21-92; Ord. 2150, 8-28-84. Code 2001 § 51.40.]

Penalty: See NMC 13.10.360.

13.10.140 Wastewater discharge permitting – New source and new user.

At least 90 days prior to the anticipated start-up, any new source, which is a source that becomes a user subsequent to the proposal of an applicable categorical pretreatment standard that is later promulgated, and any new user considered by the city to fit the definition of SIU shall apply for a wastewater discharge permit and will be required to submit to the city at least the information listed in previous sections of this chapter. A new source or new user cannot discharge without first receiving a wastewater discharge permit from the City of Newberg. New sources and new users shall also be required to include in their application information on the method of pretreatment they intend to use to meet applicable pretreatment standards. New sources and new users shall give estimates of the information requested in other sections of this chapter.

A. Except as provided in subsection (B) of this section, any significant industrial user proposing to begin or recommence discharging industrial wastes into the municipal wastewater system must obtain a wastewater permit prior to beginning or recommencing the discharge. An application for this permit must be filed at least 90 days prior to the anticipated start-up date.

B. Applicable dischargers that are in existence prior to the effective date of the ordinance codified in this chapter shall be notified in writing by the director that an industrial waste discharge permit is required. The existing dischargers shall be allowed to continue discharging into the POTW without an industrial waste discharge permit until a permit is issued or denied, provided the discharger filed a completed application for an industrial waste discharge permit within 90 days of the receipt of the notice. The discharger shall at all times comply with the city’s ordinances and all applicable federal and state pretreatment standards and requirements. [Ord. 2713 Exh. B, 4-20-09; Ord. 2684 § 1, 12-17-07. Code 2001 § 51.41.]

Penalty: See NMC 13.10.360.

13.10.150 Permit application.

A. Completion of Application. Application for an industrial waste discharge permit shall be made to the city on forms provided by the department of public works. These forms shall require information pursuant to 40 CFR 403.12(b)(1) through (7). The application shall not be considered complete until all information identified on the form is provided, unless specific exemptions are granted by the director. The permit application shall specify the number of hours per month during which the industrial user is in full-time or partial operation, and if partial, the extent of such operations.

1. Wastewater Discharge Permit Application Contents. All users required to obtain a wastewater discharge permit must submit, at a minimum, the following information. The director shall approve a form to be used as a permit application. Categorical users submitting the following information shall have complied with 40 CFR 403.12(b).

a. Identifying Information. The name and address of the facility, including the name of the operator and owner.

b. Environmental Permits. A list of any environmental control permits held by or for the facility.

c. Description of Operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram that indicates points of discharge to the POTW from the regulated processes.

d. Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403.6(e).

e. Measurement of Pollutants.

i. The categorical pretreatment standards applicable to each regulated process.

ii. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the director, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in NMC 13.10.200(E)(6). In cases where the standard requires compliance with a best management practice or pollution prevention alternative, the user shall submit documentation as required by the city or the applicable standards to determine compliance with the standard.

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

iv. Sampling must be performed in accordance with procedures set out in NMC 13.10.100(C)(5)(c) and certified.

v. The city may allow the submission of a baseline monitoring report, which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures.

f. Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in NMC 13.10.160(D).

g. Other information deemed necessary by the director.

h. Signature and Certification. All baseline monitoring reports must be signed and certified in accordance with subsection (A)(2) of this section.

2. Signatory and Certification Requirement. All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user 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.

B. Applicant Time Limitations. Completed applications for new permits shall be made within 90 days after receiving the director’s written notification to do so, or longer if specifically authorized, or, for new discharges, at least 90 days prior to the date the discharge is to begin. The required 90-day lead time for making application for a new discharge may be decreased by the director if requested by the applicant for good and valid cause.

C. Permit Renewal. Existing industrial discharges holding a current waste discharge permit shall apply for permit renewal 60 days before the present permit expires. Information to be supplied by present permittees will consist of any changes from present permits that may have been made since the current permit was issued or any additional information that may be required by the director. [Ord. 2713 Exh. B, 4-20-09; Ord. 2684 § 1, 12-17-07; Ord. 2319, 1-21-92; Ord. 2150, 8-28-84. Code 2001 § 51.42.]

13.10.160 Permit issuance and conditions.

A. Director’s Response Time. Industrial waste discharge permits shall be issued or denied by the director within 90 days after a completed application for a new permit is received, or within 60 days after a completed renewal application is received. This time schedule may be extended by the director if additional information or an outside consultant is needed to evaluate the application.

B. Conditions of Permit. Industrial waste discharge permits shall contain conditions which meet the requirements of this chapter, as well as those of applicable state and federal laws and regulations.

1. Wastewater permits must contain the following conditions:

a. A statement that indicates permit duration, which in no event shall exceed five years.

b. A statement that the permit is nontransferable without prior notification to and approval from the city and provisions for furnishing the new owner or operator with a copy of the existing permit.

c. Effluent limits, including best management practices, applicable to the user based on applicable standards in federal, state and local law, whichever is most stringent.

d. Self-monitoring sampling, reporting, notification and record keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state and local law.

e. Statement of applicable penalties for violation of pretreatment standards and requirements, and compliance schedules. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law.

f. If required, significant industrial users must also have a requirement to develop and implement slug control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges, if deemed to be necessary by the city.

2. Permits may contain, but need not be limited to, the following:

a. Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization.

b. Limits on the instantaneous, daily and monthly average and/or maximum concentration, mass or other measure of identified wastewater pollutants or properties.

c. Requirements for the installation of pretreatment technology or construction of appropriate containment devices, and the like, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works.

d. Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or routine discharges.

e. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the municipal wastewater system.

f. The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the system.

g. Requirements for installation and maintenance of inspection and sampling facilities and equipment.

h. Specifications for monitoring programs, which may include sampling locations, frequency of sampling, number, types, and standards for tests, and reporting schedules.

i. Requirements for reporting within 24 hours of becoming aware of any instance of noncompliance and for automatic resampling and reporting within 30 days where self-monitoring indicates a violation(s).

j. Compliance schedules for meeting pretreatment standards and requirements.

k. Requirements for submission of periodic self-monitoring or special notification reports.

l. Requirements for maintaining records relating to wastewater discharge and affording the director access.

m. Requirements for prior notification and approval by the director of any new introduction of wastewater pollutants or of any change in the volume or character of the wastewater prior to introduction into the system.

n. Requirements for the prior notification and approval by the director of any change in the manufacturing and/or pretreatment process used by the permittee.

o. Requirements for immediate notification of excessive, accidental, or slug discharges, or any discharge which could cause any problems to the system.

p. A statement that compliance with the permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards including those which become effective during the term of the permit.

q. Other conditions as deemed appropriate by the director to ensure compliance with this chapter, and state and federal laws, rules, and regulations, the term of the permit.

C. Pretreatment Requirements. If pretreatment facilities are needed to meet the discharge requirements in the discharge permit, the permit shall require the installation of such facilities.

D. Compliance Schedule. Whenever a discharge permit requires installation or modification of pretreatment facilities, or a process change necessary to meet discharge standards or spill control requirements, a reasonable compliance schedule shall be included which establishes the date for completion of the changes, and any appropriate interim dates. Such interim dates shall be no more than nine months apart.

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

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

3. Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the city including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports.

E. Permit Time Periods. The initial permit shall be issued for one year. Subsequent permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for renewal a minimum of 60 days prior to the expiration of the user’s existing permit.

F. Denial of Permit. The director may deny the issuance of a discharge permit if the discharge will result in violation of city, state or federal laws or regulations; will overload or cause damage to any portion of the POTW; or will create an imminent or potential hazard to personnel.

G. Notice of Potential Problems, Including Accidental Spills or Slug Loads. Any user shall notify the city immediately of any changes at its facility that could cause problems to the POTW or have a potential for a slug discharge, as defined in NMC 13.10.040. 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 user who discharges a slug load of pollutants 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.

H. Reports from Unpermitted Users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the city as the director may require. [Ord. 2713 Exh. B, 4-20-09; Ord. 2684 § 1, 12-17-07; Ord. 2319, 1-21-92; Ord. 2150, 8-28-84. Code 2001 § 51.43.]

13.10.170 Modification of permits.

A. Cause for Modification. An industrial waste discharge permit may be modified for good and valid cause at the request of the permittee or at the discretion of the director.

B. Requests for Modification. Permittee modification requests shall be submitted in writing to the director and shall contain a detailed description of all proposed changes in the discharge. The director may request any additional information needed to adequately prepare the modification or assess its impact.

C. Denial of Request. The director may deny a request for modification if the change will result in violations of city, state or federal laws or regulations; will overload or cause damage to any portion of the POTW; or will create an imminent or potential hazard to personnel.

D. Notification of Modification. If a permit modification is made at the direction of the director, the permittee shall be notified in writing of the proposed modification at least 30 days prior to its effective date (except in the event of an emergency) and informed of the reasons for the changes. Any requirements for installation of modification of pretreatment and/or monitoring facilities, or process changes, shall include a reasonable time schedule for compliance.

E. Permit Issuance Required. A modification to the permittee’s discharge permit must be issued by the director before any significant change is made in the volume or level of pollutants in an existing permitted discharge to the POTW. Changes in the discharge involving the introduction of a waste stream(s) not previously included in the industrial waste discharge permit application or involving the addition of new pollutants shall be considered as new discharges, requiring application under NMC 13.10.140.

F. Revision of Federal Standards. Within 90 days of the promulgation of a national categorical pretreatment standard, the wastewater discharge permit of users subject to such standards shall be revised by the director to require compliance with such standard within the time frame prescribed by such standard. Where a user subject to a national categorical pretreatment standard has not previously submitted an application for a wastewater discharge permit as required by NMC 13.10.130, the user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, any user subject to the national categorical pretreatment standards shall, within 180 days after promulgation of such standards, submit a report to the director in accordance with NMC 13.10.100(C). [Ord. 2713 Exh. B, 4-20-09; Ord. 2684 § 1, 12-17-07; Ord. 2319, 1-21-92; Ord. 2150, 8-28-84. Code 2001 § 51.44.]

13.10.180 Permit transfer.

A. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be assigned, transferred or sold to another user, different premises, or a new or changed operation without the approval of the director. Any succeeding user shall agree in writing to comply with the terms and conditions of the existing permit as a condition precedent to the approval by the director of a transfer, sale or assignment of the permit.

B. 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 90 days’ advance notice to the director and the director approves the wastewater discharge permit transfer. The notice to the director must include a written certification by the new owner and/or operator which:

1. States that the new owner and/or operator has 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. Assumes full responsibility for complying with the existing wastewater discharge permit beginning on the date of the transfer.

C. Failure to provide advance notice of a transfer renders the wastewater discharge permit voidable as of the date of facility transfer; provided, that the notice required above occurred and that there were no significant changes to the manufacturing operation or wastewater discharge, the new owner will be considered an existing user and will be covered by the existing limits and requirements in the previous owner’s permit. [Ord. 2713 Exh. B, 4-20-09; Ord. 2684 § 1, 12-17-07; Ord. 2150, 8-28-84. Code 2001 § 51.45.]

13.10.190 Revocation of permit.

Any industrial waste discharge permit may be revoked as a result of violations of this chapter, applicable state and/or federal regulations, or the conditions of the permit or any additional reason as identified below:

A. 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 conditions;

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 discharge limitations;

8. Failure to pay fines;

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;

13. If the city has to invoke its emergency provision as cited in NMC 13.10.290(A)(2)(d); or

14. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter.

B. Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user. [Ord. 2733 Att. A, 2-7-11; Ord. 2713 Exh. B, 4-20-09; Ord. 2684 § 1, 12-17-07; Ord. 2150, 8-28-84. Code 2001 § 51.46.]

13.10.200 Monitoring and reporting requirements.

A. Reporting Requirements. Reports of dischargers shall contain all results of sampling and analysis of the discharge. In the case of more frequent monitoring of any pollutant than is required by the city using the procedures prescribed in 40 CFR 403.12(g)(4), the results of this monitoring shall be included in the report. All reported analysis shall be performed in accordance with 40 CFR Part 136, or with any other test procedures approved by the Administrator of the EPA. Any user that is required to have an industrial waste discharge permit pursuant to NMC 13.10.130 shall submit to the director a report indicating the nature of the effluent over the previous six-month period, the report of the concentrations (and mass if limited in the permit) of the limited pollutants that were measured and a record of all flow measurements that were taken.

B. Frequency of Monitoring. The frequency of the monitoring shall be determined by the director and specified in the industrial waste discharge permit. If there is an applicable effective national categorical pretreatment standard, the frequency shall not be less than that prescribed in the standard.

C. Measurement of Flows. Flows shall be reported on the basis of actual measurement; provided, however, where cost or feasibility considerations justify, the director may accept reports of average and maximum flows estimated by verifiable techniques or other method approved by the director. However, pump times or other indirect measurement devices will not be acceptable. The measured flows will be used to compute the wastewater service charges.

D. General Reporting Requirements.

1. The director may require reporting by other users that are not required to have an industrial waste discharge permit if information and/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 POTW.

2. Requirement for the user who reports noncompliance to notify the city within 24 hours and to repeat the sampling and analysis and submit analysis to the city within 30 days after becoming aware of the violation.

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

4. Notification of Hazardous Waste Discharges to the City Collection System. Any industrial user discharging hazardous waste shall notify the city in accordance with 40 CFR 403.12(p) (paragraphs 1 through 4). Any industrial user who commences discharging after August 23, 1990, shall provide notification in accordance with 40 CFR 403.12(p) no later than 180 days after the discharge of any listed or characteristic hazardous waste(s). Any user that is discharging more than 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) is required to provide a one-time notification in writing to the city, to the EPA Region 10 Office of Waste and Chemicals Management Director, and to the State DEQ Hazardous Waste Division. Any existing user exempt from this notification shall comply with the requirements contained herein within 30 days of becoming aware of a discharge of 15 kilograms of hazardous wastes in a calendar month or any discharge of acutely hazardous wastes to the city wastewater system.

Such notification shall include:

a. The name of the hazardous waste as set forth in 40 CFR Part 261;

b. The EPA hazardous waste number; and

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

d. If an industrial user discharges more than 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 user:

i. An identification of the hazardous constituents contained in the wastes;

ii. An estimation of the mass and concentration of such constituents in the wastestreams discharged during that calendar month; and

iii. An estimation of the mass of constituents in the wastestreams expected to be discharged during the following 12 months.

These notification requirements do not apply to pollutants already reported under the self-monitoring requirements. Whenever the EPA publishes final rules identifying additional hazardous wastes or new characteristics of hazardous waste, a user shall notify the city of the discharge of such a substance within 90 days of the effective date of such regulations. In the case of any notification made under this subsection, an industrial user 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.

5. Whenever the EPA publishes new RCRA rules identifying additional hazardous wastes or new characteristics of hazardous wastes, any permitted or nonpermitted user must notify the city, EPA RCRA Director, and the State Hazardous Wastes Sewers Director if any of these wastes are discharged to the city’s treatment system. The notification must occur within 90 days of the effective date of the published regulation.

6. All reports and information submitted to the city shall be signed and certified in the following manner:

a. Certification of User Reports and Initial Monitoring Waiver. The following certification statement is required to be signed and submitted by users submitting baseline monitoring reports under NMC 13.10.100(C); users submitting reports on compliance with the categorical pretreatment standard deadlines under NMC 13.10.100(D); users submitting periodic compliance reports required by NMC 13.10.100(E); and users submitting an initial request to forgo sampling of a pollutant on the basis of NMC 13.10.100(E)(5). The following certification statement must be signed by an authorized representative as defined in NMC 13.10.040:

b. Annual Certification for Nonsignificant Categorical Industrial Users. A facility determined to be a nonsignificant categorical industrial user by the environmental services supervisor pursuant to NMC 13.10.040 must annually submit the following certification statement signed in accordance with the signatory requirements as stated in the definition of “Significant industrial user” in NMC 13.10.040. This certification must accompany an alternative report required by the environmental services supervisor:

Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical Pretreatment Standards under 40 CFR ____, I certify that, to the best of my knowledge and belief, that during the period from __________, ________ to ________, ________ [months, days, year]: (a) The facility described as __________________ [facility name] met the definition of a Non-Significant Categorical Industrial User as described in NMC 13.10.040; (b) The facility complied with all applicable Pretreatment Standards and requirements during this reporting period; and (c) the facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.

This compliance certification is based on the following information. _____________

c. Certification of Pollutants Not Present. Users that have an approved monitoring waiver based on NMC 13.10.100(E)(5) must certify on each report with the following statement that there has been no increase in the pollutant in its wastestream due to activities of the user.

7. Each user must notify the director of any significant changes to the user’s operations or system which might alter the nature, quality, or volume of its wastewater at least 30 days before the change. The director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under NMC 13.10.150. The director may issue an individual wastewater discharge permit under NMC 13.10.160 or modify an existing wastewater discharge permit under NMC 13.10.170 in response to changed conditions or anticipated changed conditions.

8. Report of Potential Problems.

a. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or slug load, that might cause potential problems for the POTW, the user shall immediately telephone and notify the director of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

b. Within five days following such discharge, the user shall, unless waived by the director, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which might be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter.

c. A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees who to call in the event of a discharge described in subsection (D)(8)(a) of this section. Employers shall ensure that all employees who could cause such a discharge to occur are advised of the emergency notification procedure.

d. Significant industrial users are required to notify the director immediately of any changes at its facility affecting the potential for a slug discharge.

E. Monitoring Procedures.

1. Periodic monitoring shall be performed by either the user or the city to ensure compliance with this chapter and any associated permit. The director may require self-monitoring by the user or, if requested by the user, may agree to perform the periodic compliance monitoring needed to prepare the periodic compliance report required under this section. Such monitoring shall be by any means appropriate to meet the requirements of this chapter and satisfy the needs of both the city and user.

2. If the director agrees to perform such periodic compliance monitoring, the director shall charge the user for the monitoring, based upon the costs incurred by the city for sampling and analyses. Any such charges shall be added to the normal wastewater charge and shall be payable as part of the wastewater bills.

3. The director is under no obligation to perform the periodic compliance monitoring for a user.

4. Periodic compliance monitoring is that monitoring which is necessary to provide the information on discharge quantity and quality required for the periodic compliance reports. If an industrial user subject to the reporting requirement identified in this section monitors a regulated pollutant at the appropriate sampling location more frequently than required by the city, using the procedures prescribed in subsection (E)(6) of this section, the results of this monitoring shall be included in the report.

5. Samples of wastewater being discharged into the POTW shall be representative of the discharge, and shall be taken after pretreatment, if any, and before dilution by other water. The sampling method shall be one approved by the director and one in accordance with good engineering practice.

6. Laboratory procedures used in the examination of industrial wastes shall be in accordance with those set forth in 40 CFR Part 136 and any amendments thereto. If there are no approved test procedures for a particular pollutant, then analyses shall be performed using other validated procedures approved by the director.

F. Monitoring Facilities. The director may require a user to install and maintain at the user’s expense a suitable manhole in the user’s building wastewater system, or other suitable monitoring access, to allow observation, sampling and measurement of all industrial wastes being discharged into the POTW. It shall be constructed in accordance with plans approved by the director and shall be designed so that flow-measuring and sampling equipment may be conveniently installed. Access to the manhole or monitoring facilities shall be available to city representatives at all times.

G. Flow Measurement and Sampling Station. The flow measurement and sampling station shall be located and constructed at the user’s expense in a manner acceptable to the director. Complete plans for all phases of the proposed installation, including all equipment proposed for use, shall be submitted to the director for approval prior to construction. Approved measuring and sampling facilities shall be installed and operating within 90 days following written notification to do so by the director. The director may extend this schedule if specifically warranted by equipment delivery delays or construction/installation difficulties beyond the user’s reasonable control.

H. Installation and Maintenance of Equipment. All devices, access facilities and related equipment shall be installed by the user at the user’s expense and shall be maintained by the user so as to be in a safe and proper operating condition at all times, and readily accessible to the director and designated city employees or agents during the operating day.

I. Record-Keeping Requirements. The user shall keep flow and maintenance/operation records as required by the director, and shall provide qualified personnel to properly maintain and operate the facilities. Users (including those with BMP permit) subject to the reporting requirements of this chapter shall retain and make available for inspection and copying all records of information obtained pursuant to any monitoring activities required by this chapter, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements and documentation associated with best management practices established under 13.10.160(B)(1)(c). 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 five years. This period shall be automatically extended for the duration of any litigation concerning the user or POTW, or where the user has been specifically notified of a longer retention period by the director.

J. Periodic Calibration. Calibration of flow meters, pH recorders and samples shall be performed annually (or as required) by a qualified technician. Maintenance and calibration adjustments shall be recorded daily and records shall be readily available to city inspectors. All costs for such calibration as well as maintenance, repair, replacement or additional equipment needed to reliably and accurately monitor the discharge shall be the user’s responsibility.

K. Prohibitions. Bypassing pretreatment or measuring apparatus, shutting off samplers, diluting samples, or other action to defeat accurate measuring and sampling of waste discharges is prohibited.

L. Notification to City. Any industrial user operating under a control mechanism incorporating equivalent mass or concentration limits calculated from a production-based standard shall notify the city within two business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any user not notifying the city of such anticipated change will be required to meet the mass or concentration limits in its control mechanism that were based on the original estimate of the long-term average production rate. [Amended during 2011 recodification; Ord. 2713 Exh. B, 4-20-09; Ord. 2684 § 1, 12-17-07; Ord. 2319, 1-21-92; Ord. 2150, 8-28-84. Code 2001 § 51.47.]

Penalty: See NMC 13.10.360.

13.10.210 City inspection and sampling.

A. Inspection of Facilities and Equipment. Authorized city representatives may inspect the facilities of any user to determine compliance with the requirements of this chapter. Facilities having an industrial waste discharge permit shall be inspected at least annually. The user shall allow authorized city representatives to enter upon the premises of the user at all reasonable hours, for the purpose of inspection, sampling, records examination, or in the performance of any of the duties to ensure compliance with this chapter. The city shall also have the right to set up on the user’s property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operation. The right of entry includes, but is not limited to, access to those portions of the premises that contain facilities for sampling, measuring, treating, transporting or otherwise handling waste, and storing records, reports or documents relating to the treatment, sampling, or discharge of the wastes and to make copies of such records, reports or documents as required.

B. Entry of City Representatives. Where applicable, the user shall make arrangements with its employees so that upon presentation of their credentials, representatives from the city will be permitted to enter, without delay, for the purpose of performing their specific responsibilities.

C. Conditions for Entry. The following conditions for entry shall be used by city representatives:

1. The authorized city representatives shall present appropriate credentials at the time of entry.

2. The purpose of the entry shall be for inspection, observation, measurement, sampling or testing in accordance with the provisions of this chapter.

3. The entry shall be made at reasonable times during normal operating or business hours, unless an emergency situation exists as determined by the director.

4. All regular safety and sanitary requirements of the facility to be inspected shall be complied with by the city representative(s) entering the premises.

D. User Rights to Samples. Samples that are taken by city personnel for the purposes of determining compliance with the requirements of this chapter may be split with the user (or a duplicate sample provided in the instance of fats, oils and greases) if prior arrangements have been made. The results of all city sample analyses and any inspection reports shall be provided to the user.

E. Search Warrants. If the environmental services supervisor has been refused access to a building, structure or property or any part of a building, structure or property and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect as part of a routine inspection program of the city designed to verify compliance with this chapter or any wastewater discharge permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the environmental services supervisor shall request the city attorney to seek issuance of a search and/or seizure warrant from the district court of Yamhill County. Such warrant shall be served at reasonable hours by the director in the company of a uniformed police officer of the city.

F. 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 this chapter. [Ord. 2713 Exh. B, 4-20-09; Ord. 2684 § 1, 12-17-07; Ord. 2319, 1-21-92; Ord. 2150, 8-28-84. Code 2001 § 51.48.]

13.10.220 Confidential information.

Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from city inspection and sampling activities shall be available to the public without restriction, unless the user specifically requests and is able to demonstrate to the satisfaction of the director that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable state law. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other “effluent data” as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction.

A. Access to Records and Reports. Any records, reports or information obtained under this chapter shall be available to the public or any governmental agency, unless classified by the director as confidential. In order to obtain a classification of confidential on all or part of the records, reports or information submitted, the user shall:

1. Submit a written record to the director identifying the material that is desired to be classified as confidential; and

2. Demonstrate to the satisfaction of the director that records, reports or information, or particular parts of records, reports or information, if made public, would divulge information, processes or methods of production entitled to protection as trade secrets of the user.

B. Discharge Data Not Confidential. Information and data on discharge quantity and quality submitted pursuant to this chapter shall not be classified as confidential pursuant to 40 CFR 2.

C. Restrictions on Confidential Information. Records, reports or information or parts of records, reports or information classified as confidential by the director shall not be released or made part of any public record or hearing unless such release is ordered by a court of competent jurisdiction. However, such confidential information shall, upon written request, be made available to state or federal agencies having jurisdiction, duties or responsibilities relating to this chapter, the National Pollutant Discharge Elimination System or State of Oregon waste disposal laws and regulations. [Ord. 2713 Exh. B, 4-20-09; Ord. 2684 § 1, 12-17-07; Ord. 2319, 1-21-92; Ord. 2150, 8-28-84. Code 2001 § 51.49.]

Article V. Rates, Fees and Charges

13.10.230 Authorization of just and equitable rates, fees and charges.

A. Charges Levied. There are levied and imposed upon all persons having a connection with the wastewater system of the City of Newberg, Oregon, both within and without the corporate limits of the city, and upon all subsequent users, just and equitable charges for service, maintenance, operation, replacement and expansion of the wastewater system.

B. Financial Self-Sufficiency. The just and equitable charges shall be fixed at such amounts to assure the financial self-sufficiency of the wastewater system, and rates shall be reviewed by the citizens’ rate review committee and amended as necessary by resolution of the city council. [Ord. 2713 Exh. B, 4-20-09; Ord. 2684 § 1, 12-17-07; Ord. 2150, 8-28-84. Code 2001 § 51.60.]

Cross-reference: Citizens’ rate review committee, see NMC 2.15.120 et seq.

13.10.240 Customer classes – Billing structure defined.

A. Customer Classes Defined. For the purposes of determining rates and assigning service charges, users shall be grouped, accordingly, into one of the following customer classifications:

1. Residential. All single-family residential services and multifamily residential services which have individual water meters for each dwelling unit;

2. Multi-residential or Standard Discharge Strength. All multifamily dwellings in which a single water meter provides service not classified elsewhere which have discharge strengths (ROD or 55) not exceeding one and one-half pounds per 100 cubic feet (240 mg/liter) of discharge flow;

3. Nonstandard Discharge Strength. All nonresidential users with discharge strengths (ROD or 55) in excess of one and one-half pounds per 100 cubic feet (240 mg/liter) of discharge flow;

4. Industrial. Establishments discharging nonstandard discharge strength, as defined in this chapter;

5. Commercial 1 Discharge Strength. All commercial users which have discharge strengths (BOD or SS) not exceeding one and one-half pounds per 100 cubic feet (240 mg/liter) of discharge flow;

6. Commercial 2 Discharge Strength. All commercial users with discharge strengths (BOD or 55) in excess of one and one-half pounds per 100 cubic feet (240 mg/liter) of discharge flow;

7. George Fox University; and

8. Public agencies.

B. Rate Structure. Wastewater service rates for each of the respective customer classifications enumerated in subsection (A) of this section shall be derived and calculated in accordance with the following standards and fixed by resolution of the city council:

1. Residential. A monthly flat fee based on average residential wastewater discharge.

2. Multi-residential or Standard Discharge Strength.

a. A minimum monthly fee equal to the wastewater service rate for residential users; plus

b. A per-unit charge for measured or estimated wastewater in excess of residential wastewater discharge.

3. Nonstandard Discharge Strength.

a. A monthly charge calculated in the same manner as for users in the multi-residential or standard discharge strength customers class; plus

b. An extra strength fee per unit of discharge based on measured or estimated wastewater parameters as established by the city.

4. Industrial. A monthly charge calculated in the same manner as for users in the nonstandard discharge strength customer class.

C. Charges to Customers outside the City. Any person having connection to the city wastewater system which is outside the corporate boundaries of the city, in addition to the fees and charges for services called for in subsection (B) of this section, shall be charged monthly fees derived and calculated in accordance with standards fixed by resolution of the city council.

D. Review and Revision of Rates. There are levied and imposed upon all users of the wastewater system, both inside and outside the City of Newberg, just and equitable charges for service, maintenance, operation, debt service, and reconstruction of the wastewater system. The setting of rates may be undertaken in conjunction with the consideration of the water rates. The just and equitable charges shall be fixed by an administrative process as established by ordinance.

1. All costs for maintenance, operation, debt service, and reconstruction of the wastewater system shall be identified by the public works director. These costs shall be reported to, reviewed, changed, and approved by the budget committee of the City of Newberg during the annual budget process required by state statute.

2. The city council shall, as part of the annual budget process, adopt a budget for the maintenance, operation, debt service, and reconstruction of the wastewater system.

3. Should the budget which the city council adopts require a change in the rates levied and imposed upon all users of the wastewater system, the public works director shall, within 30 days of adoption of the budget by the city council, develop and identify the rates according to a cost-to-serve analysis. The cost-to-serve analysis shall provide just and equitable charges for service for the customer service groups which use the wastewater system. The rates shall be reviewed by the citizens’ rate review committee in accordance with this chapter.

4. Based on the information received from the public works director and the community at the public hearing, the committee shall recommend the wastewater rates to be established to the city council.

5. The city manager shall compile the written record for the city council.

6. Notice of the rates that are recommended to be implemented shall be published in the newspaper and posted in three public places within the city.

7. The city council shall hold a public hearing within 30 days of the date of the recommendation to the city. The public hearing shall provide an opportunity to comment on the recommended wastewater rates. The city council may choose to hear the rate proposal on the record of the public hearing held by the committee. The city council shall hear presentations and explanations of the rates by the city manager, or designee, as part of the public hearing. The city council may then set rates which are either equal to or less than the rates recommended by the committee or may alter or change the rates in any way the city council deems appropriate. If the city council recommends rates higher than those recommended by the committee, the rates shall be sent back to the committee for reconsideration.

8. The city council shall then receive back a further recommendation from the committee.

9. The city council shall then by resolution set the wastewater rates, which are just and equitable, at an amount that assures the financial self-sufficiency of the wastewater system.

10. Such rates set by the city council shall not go into effect for a period of at least 30 days.

11. If within 30 days following the passage of the resolution setting the rates, the city receives through a petition, a form of which to be prescribed by the city and in general conformance with the state laws governing referendum petitions, a proposal to refer the matter of the wastewater rates to the voters of the city signed by a number of legal voters equal to 15 percent of the registered voters of the city, on the date such petitions are submitted, the city council shall then refer the matter to the voters of the city at the next available election. The wastewater rates shall not take effect until such time as the election has taken place. If the voters of the city reject the measure as referred to them, then the wastewater rates that were in effect prior to the passage of the resolution shall remain in full force and effect.

E. Notification. Each user will be notified, at least annually, in conjunction with a regular bill, of the rate and that portion of the user charges which are attributable to wastewater treatment services. On or before July 1st of each year, the public works director shall post for public review at City Hall a listing of the wastewater parameters and corresponding categories of businesses which serve as the basis for the derivation of extra strength fees for users in the nonstandard discharge strength customer class as specified in subsections (A) and (B) of this section.

F. Appeals.

1. Any wastewater system user who believes their wastewater user charge, as applied to the user’s premises, is not within the intent of the foregoing provisions may make written application to the city council requesting a review of their user charge. The written request shall, where necessary, show the actual or estimated average flow of the user’s wastewater in comparison with the values upon which the charge is based, including how the measurements or estimates were made.

2. Review of the request shall be made by the city council and the director of public works or designee; action may include recommending further study of the matter by the director. If the city council determines that the user’s charges should be recomputed, based on approved revised flow and/or strength data, the new charges thus recomputed may be applied retroactively for the period of up to six months. [Ord. 2733 Att. A, 2-7-11; Ord. 2713 Exh. B, 4-20-09; Ord. 2684 § 1, 12-17-07; Ord. 2418, 10-2-95; Ord. 2334, 7-6-92; Ord. 2150, 8-28-84. Code 2001 § 51.61.]

13.10.250 Other fees and charges.

A. Deposit or Security for Wastewater Service. Any person, firm or corporation making application for the use of the municipal wastewater system of the city shall, at the time of making such application, pay to the city a cash deposit. The amount of such deposit rate and interest shall be fixed by resolution of the city council and reviewed and amended as deemed necessary.

B. Property Owners May Pledge Property.

1. Any person, firm or corporation residing within the corporate limits of the City of Newberg so applying to the city for use of its municipal wastewater system, which person, firm or corporation shall be the owner of the legal title to the real property situated within the corporate limits of the city and where the wastewater service is to be furnished may, at the time of making such application for wastewater service, consent in writing that any and all unpaid delinquent rentals or other charges which may be incurred on account of wastewater service furnished to the applicant or to the premises shall constitute a valid lien against the property in favor of the city and, at the option of the city, may be enforced and collected in the same manner as any other municipal lien.

2. All such applications by the owners of property, wherein the real property is pledged to secure the payment of the delinquent rentals and charges, shall be signed by the owner or owners personally, or such other person as would be authorized to execute and deliver a good and sufficient deed of conveyance to the premises under the laws of the State of Oregon.

C. Mandatory or Permissive Fees for Use of POTW.

1. For the purposes of recovering costs from users of the city’s POTW for the implementation of programs established by this chapter, the city shall adopt by resolution charges or fees which shall be set forth in the city’s schedule of charges and fees. These charges and fees shall be reviewed and amended as deemed necessary and shall include:

a. Fees to fully recover the cost of operating and maintaining the POTW and its associated functions;

b. Fees to provide appropriate development and/or depreciation funds for the replacement of major components of the POTW;

c. Fees for reimbursement of costs of setting up and operating the city’s pretreatment program, including industrial discharge permits; and may also include:

i. Fees for monitoring, inspection and surveillance procedures;

ii. Fees for reviewing accidental discharge procedures and construction;

iii. Fees for new service connections;

iv. Fees for filing appeals;

v. Fees for special treatment costs associated with extra-strength industrial wastewaters;

vi. Other fees as the city may deem necessary to carry out the requirements contained in this chapter.

2. These fees relate solely to the matters covered by this chapter and are separate from all other fees chargeable by the city.

D. Administrative Penalties as Part of Enforcement Actions.

1. When the environmental services supervisor finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the environmental services supervisor may fine such user in an amount not to exceed $6,250. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.

2. Users desiring to dispute such fines must file a written request for the environmental services supervisor to reconsider the fine along with full payment of the fine amount within 30 days of being notified of the fine. Where a request has merit, the environmental services supervisor may convene a hearing on the matter. In the event the user’s appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The environmental services supervisor may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

3. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user. [Ord. 2713 Exh. B, 4-20-09; Ord. 2684 § 1, 12-17-07; Ord. 2150, 8-28-84. Code 2001 § 51.62.]

Cross-reference: See ORS 223.387 for good and sufficient ownership of record in local improvement liens.

13.10.260 Customers outside city.

A. No new connection to the municipal wastewater system of the city shall be extended outside the corporate city limits, within or without the urban growth boundary, except to an existing dwelling. The new connection shall be used only to supply wastewater use to an existing structure and will not be used to allow any new development.

B. Connection of the city wastewater system to dwellings outside the city limits shall be extended only in cases where the city has determined the existing service (i.e., septic tank or cesspool) to the dwelling cannot be repaired and shall be discontinued.

1. Owner Responsible. The person who owns the premises served by the wastewater system shall be responsible for payment of wastewater user charge for that property, notwithstanding the fact that the property may be occupied by a tenant or other occupant who may be required by the owner to pay the charges.

2. Billing – Payment of User Charges. Users outside the city shall be billed monthly in accordance with the rate schedule approved by the city council.

C. User Charges – Delinquency. Wastewater user charges levied in accordance with this chapter shall be a debt due to the city and a lien upon the property. If this debt is not paid within 30 days after it shall be due and payable, it shall be deemed delinquent and may be recovered by civil action in the name of the city against the property owner, the person or both.

D. Discontinuance of Service. In the event of failure to pay wastewater charges after they have become delinquent, the city shall have the right to remove or close wastewater system connections and enter upon the property for accomplishing such purposes. The expense of such discontinuance, removal, or closing, as well as the expense of restoring service, shall be a debt due to the city and lien upon the property and may be recovered by civil action in the name of the city against the property owner, the person or both.

E. Restoration of Service. Wastewater service shall not be restored until all charges, and the expense of removal, closing, and restoration, have been paid. Change of ownership or occupancy of premises found delinquent shall not be cause for reducing or eliminating these penalties. [Ord. 2733 Att. A, 2-7-11; Ord. 2713 Exh. B, 4-20-09; Ord. 2684 § 1, 12-17-07; Ord. 2150, 8-28-84. Code 2001 § 51.63.]

13.10.270 Handling of funds.

A. Billing Address. Bills for wastewater charges shall be mailed to the address specified in the application for permit to make the connection unless or until a different owner or user of the property is reported to the finance department.

B. Collection by City. All collections of wastewater user charges shall be made by the finance director.

Wastewater user charges shall be computed as provided in NMC 13.10.240 and shall be payable as provided in this section.

C. Wastewater Fund – Use.

1. The finance director is directed to deposit in the wastewater fund all of the gross revenues received from charges, rates and penalties collected for the use of the wastewater system as herein provided.

2. The revenues thus deposited in the wastewater fund shall be used exclusively for the operation, maintenance, and repair of the wastewater system, reasonable administration costs, expenses of collection of charges imposed by this chapter and payments of the principal and interest on any debts of the wastewater system of the city. [Ord. 2713 Exh. B, 4-20-09; Ord. 2684 § 1, 12-17-07; Ord. 2150, 8-28-84. Code 2001 § 51.64.]

Article VI. Enforcement

13.10.280 Harmful discharges.

A. Termination or Limitation of Services. The city may, notwithstanding the provisions in NMC 13.10.080 et seq., terminate or limit the wastewater treatment service, a wastewater discharge permit, and/or municipal water service when such termination or limitation is necessary, in the opinion of the director, to stop an actual or threatened discharge which: presents or may present an imminent or substantial threat to the health and/or welfare of persons or the environment; causes interference or damage to the POTW; or causes the city to violate any condition of its NPDES permit.

B. Notice of Termination or Limitation. Written notice of the termination or limitation shall be given in accordance with NMC 13.10.290(C), and shall specify the date when the termination or limitation is to be effective.

C. Response to Order. Any person notified of a termination or limitation of the wastewater treatment service or the wastewater discharge permit shall immediately stop or limit the contribution. In the event of a failure of the person to comply voluntarily with the termination or limitation order, the director shall take such steps as deemed necessary, including immediate severance of the wastewater system connection and/or termination of municipal water service, to prevent or minimize damage to the POTW or endangerment to any individual. The director shall reinstate the wastewater discharge permit, the wastewater treatment service, and/or municipal water service, upon proof of the elimination of the noncomplying discharge. Such proof shall include a detailed written report submitted by the user in accordance with this chapter. [Ord. 2713 Exh. B, 4-20-09; Ord. 2684 § 1, 12-17-07; Ord. 2150, 8-28-84. Code 2001 § 51.75.]

Penalty: See NMC 13.10.360.

13.10.290 Violations, notifications and show-cause hearings.

A. Violation Defined.

1. Notwithstanding the provisions of NMC 13.10.080 et seq., a violation shall have occurred when any requirement of this chapter has not been met; or when a written request of the director, made under the authority of this chapter, is not met within the specified time; or when a condition of a permit or contract issued under the authority of this chapter is not met within the specified time; or when permitted effluent limitations are exceeded, regardless of intent or accident; or when false information has been provided by the discharger.

2. A significant industrial user is in significant noncompliance if its violation meets one or more of the following criteria:

a. Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all of the 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;

b. Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of all of the measurements taken for the same pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits multiplied by the applicable 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 (daily maximum, long-term average, instantaneous limit, or narrative standard) that the director 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 a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the director’s exercise of its emergency authority to halt or prevent such a discharge;

e. Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;

f. Failure to provide, within 45 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

g. Failure to accurately report noncompliance; or

h. Any other violation or group of violations, which may include a violation of best management practices, which the city determines will adversely affect the operation or implementation of the local pretreatment program.

3. Industrial users other than SIUs are in significant noncompliance only if they violate the criteria in subsections (A)(2)(c), (A)(2)(d) and (A)(2)(h) of this section.

B. Continuing Violations. Each day of continuing violation shall be considered as a separate violation.

C. Notice of Violation. Upon determination by the director that a violation has occurred or is occurring, the director may issue a written notice of violation to the user, which outlines the violation and the potential liability. The notice may further request correction of the violation within a specified time and/or require written confirmation of the correction or a plan of action identifying the efforts being made or to be made to correct the violation by a specified date. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. The notice shall be either personally delivered to the discharger’s premises or be sent certified mail, return receipt requested, to the discharger’s premises. If the user is a corporation, notification may be to the appropriate agent or officer. Emphasis shall be placed on resolving such violations through mutual cooperation, assistance and communication.

D. Consent Orders. The director may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user 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 to subsections (E) and (F) of this section and shall be judicially enforceable. Use of a consent order shall not be a bar against, or prerequisite for, taking any other action against the user.

E. Compliance Orders. When the director finds that a user has violated or continues to violate any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the director may issue an order to the user responsible for the discharge directing that the user come into compliance within a time specified in the order. If the user does not comply within the time specified in the order, 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 system. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

F. Cease and Desist Orders. When the director finds that a user has violated (or continues to violate) any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user’s past violations are likely to recur, the director may issue an order to the user directing it to cease and desist all such violations and directing the user 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 user.

G. Show Cause Hearing.

1. The director may order the user to show cause why the proposed enforcement action should not be taken. A written notice shall be served on the user specifying the time and place of a hearing to be held by the director regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause why the proposed enforcement action should not be taken. Notification shall be made at least 10 days before the hearing, and in accordance with subsection (C) of this section. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

2. At any hearing held pursuant to this chapter, testimony taken shall be recorded. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the costs of the transcript.

3. The director shall forward a finding of fact and a resulting recommendation to the city manager. After the city manager has reviewed the evidence on the record, the manager may issue an order to the user responsible for the discharge directing that (following a specified time period) the wastewater services be discontinued unless:

a. Adequate pretreatment facilities, devices or other related appurtenances shall have been installed; and/or

b. Existing pretreatment facilities, devices or other related appurtenances are properly operated and maintained. Further orders and directives as are necessary and appropriate may be issued.

4. In situations that the director determines to be emergencies (as defined in NMC 13.10.300(B)(3)), the director may order the discontinuance of wastewater service in accordance with NMC 13.10.300. City manager action is not required under such emergency conditions.

H. Court Action. The city council may initiate appropriate civil action through the city attorney in a court of competent jurisdiction to enjoin a violation and obtain corrective measures and any other appropriate relief if action under subsections (C) and (D) of this section has not satisfactorily resolved the violation.

I. Injunctive Relief. Whenever an industrial user has violated or continues to violate the provisions of this chapter, permit or order issued hereunder, the director, through counsel, may petition the court for the issuance of a preliminary or permanent injunction or both (as may be appropriate) which restrains or compels the activities on the part of the industrial user. The director shall have such remedies to collect these fees as it has to collect other wastewater service charges. The city may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user 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 user.

J. Civil Penalties.

1. A user which has violated or continues to violate any provision of this chapter, a pretreatment condition, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the city for a civil penalty in at least the amount of $1,000 per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.

2. The director may recover reasonable attorneys’ 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 shall 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 user’s violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.

4. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.

K. Criminal Prosecution.

1. A user which has willfully or negligently violated any provision of this chapter dealing with a pretreatment condition, a wastewater discharge permit, order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, as set out in subsection (K)(4) of this section.

2. A user which has willfully or negligently introduced any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor as set out in subsection (K)(4) of this section. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.

3. A user which knowingly made any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, wastewater discharge permit, or order issued hereunder, or who falsified, tampered with, or knowingly rendered inaccurate any monitoring device or method required under this chapter shall, upon conviction, be guilty of a misdemeanor set out in subsection (K)(4) of this section.

4. Penalty. Criminal conviction of any violations shall be a Class A misdemeanor subject to a maximum fine of $6,250 per violation per day or imprisonment of not more than one year or both. This penalty shall be in addition to any other cause of action or civil penalty available under this chapter or state law.

L. Remedies Nonexclusive. The provisions in NMC 13.10.280 and this section are not exclusive remedies. The city reserves the right to take any, all, or any combination of these actions against a noncompliant user. Enforcement in response to pretreatment violations will generally be in accordance with the city’s enforcement response plan. However, the city reserves the right to take other action against any user when the circumstances warrant. Further, the city is empowered to take more than one enforcement action against any noncompliant user. These actions may be taken concurrently.

M. Affirmative Defense.

1. Any industrial user shall have an affirmative defense in any action brought against it alleging a violation of the general prohibitions covered in 40 CFR 403.5(a)(1), (b)(3), (4), (5), (6), and (8) in addition to those covered in this chapter. The industrial user, in its demonstration, shall be limited to provisions of 40 CFR 403.5(a)(1), (2), (i) and (ii).

a. Upset Condition. For the purposes of this section, “upset” means an exceptional incident in which there is unintentional and temporary noncompliance with applicable pretreatment standards because of factors beyond the reasonable control of the user. An “upset” does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

b. An upset shall constitute an affirmative defense to an action brought for noncompliance with applicable pretreatment standards if the requirements of subsection (M)(1)(c) of this section are met.

c. A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence that:

i. An upset occurred and the user can identify the cause(s) of the upset;

ii. The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and

iii. The user has submitted the following information to the POTW and treatment plant operator within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five days):

(A) A description of the indirect discharge and cause of noncompliance;

(B) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and

d. In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.

e. Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with applicable pretreatment standards.

f. Users shall control production of all discharges to the extent necessary to maintain compliance with applicable pretreatment standards upon reduction, loss, or failure of their 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.

2. Prohibited Discharge Standards. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the prohibitions in NMC 13.10.080(A) if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either: (a) a local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or (b) no local limit exists, but the discharge did not change substantially in nature or constituents from the user’s prior discharge when the city was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements.

3. Bypass.

a. For the purposes of this section:

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

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

b. A user may allow any bypass to occur which does not cause applicable pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of subsections (M)(3)(c) and (d) of this section.

c. Notice of Bypass.

i. If a user knows in advance of the need for a bypass, it shall submit prior notice to the POTW at least 10 days before the date of the bypass, if possible.

ii. A user shall submit oral notice to the city of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain 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 POTW may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.

d. Bypass Conditions.

i. Bypass is prohibited, and the POTW may take an enforcement action against a user for a bypass, unless:

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

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

ii. The POTW may approve an anticipated bypass, after considering its adverse effects, if the POTW determines that it will meet the three conditions listed in subsection (M)(3)(d)(i) of this section.

N. Vandalism. No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, tamper with or prevent access to any structure, appurtenance or equipment, or other part of the municipal wastewater system. Any person found in violation of this requirement shall be subject to the sanctions set out in NMC 13.10.350. [Ord. 2713 Exh. B, 4-20-09; Ord. 2684 § 1, 12-17-07; Ord. 2319, 1-21-92; Ord. 2150, 8-28-84. Code 2001 § 51.76.]

Penalty: See NMC 13.10.360.

13.10.300 Revocation of permit and/or termination/suspension of service.

A. Termination or Suspension of Discharge. The director may terminate a discharge into the POTW, revoke a permit, or suspend the discharge for a specified length of time if:

1. The discharge presents or may present an imminent and substantial danger to the health or welfare of persons or the environment, or causes interference with the operation of, or damage to, the POTW; or

2. The permit to discharge into the POTW was obtained by misrepresentation of any material fact or by lack of full disclosure; or

3. Directed by the city council or a court of competent jurisdiction in accordance with NMC 13.10.290.

B. Notice of Revocation or Suspension. Notice in accordance with NMC 13.10.290(C) shall be provided to the user prior to revoking, terminating, or suspending the discharge; and/or terminating, revoking, or suspending the user’s municipal water service.

1. In situations that are not emergencies, the notice shall be in writing; shall contain the reasons for the revocation, termination or suspension; the effective date, and the name, address and telephone number of a city contact; and shall be signed by the director, prior to the date specified for revocation, termination or suspension.

2. In situations that are determined to be emergencies by the director, the initial notice may be verbal or written and shall contain the information required in subsection (B)(1) of this section. If verbal notice is given, it shall be followed within two working days by a written notice. The effective date of the termination or suspension in emergency situations may be immediately after verbal or written notice has been given as required in this subsection.

3. For the purposes of this section, an “emergency situation” is defined as a situation in which action must be taken as rapidly as possible in order to prevent or reduce an imminent and substantial danger to the health or welfare of persons, property, or the POTW.

C. User Termination of Discharge. Any user whose permit has been revoked, or whose service has been terminated or suspended, shall immediately stop all discharge of wastewater into the POTW. The director may, without any liability for prosecution or damages, disconnect or permanently block from the POTW the connection of any user whose permit has been revoked, or whose service has been terminated or suspended, if such action is necessary to ensure compliance with the order of revocation, termination or suspension. Similar action to suspend the user’s municipal water service may be taken if deemed necessary by the director.

D. Filing of Appeal. Except in emergency situations as defined in subsection (B)(3) of this section, the filing of an appeal pursuant to NMC 13.10.320 shall stay enforcement of the action by the director under this section pending final administrative action on the appeal. This provision supplements and does not restrict other provisions of this chapter, laws or regulations authorizing termination of service for delinquency in payment of fees or charges.

E. Limited Termination or Suspension. Decisions by the director to terminate or suspend a discharge shall be made after due consideration of all known facts. The termination or suspension may be directed to only specific, noncomplying flows within a facility. This section does not universally require the termination of all user operations, particularly if some operations are not wastewater contributions. [Ord. 2713 Exh. B, 4-20-09; Ord. 2684 § 1, 12-17-07; Ord. 2150, 8-28-84. Code 2001 § 51.77.]

13.10.310 Public notification.

A list of all industrial users in significant noncompliance during the 12 previous months shall be annually published by the city in the largest daily newspaper published in the municipality in which the POTW is located summarizing the violations and enforcement action undertaken by the city.

For the purposes of this provision, an industrial user is in significant noncompliance if its violation meets one or more of the criteria as defined in NMC 13.10.290. [Ord. 2713 Exh. B, 4-20-09; Ord. 2684 § 1, 12-17-07; Ord. 2319, 1-21-92; Ord. 2150, 8-28-84. Code 2001 § 51.78.]

13.10.320 Appeals.

A. Filing and Response Time. Any person aggrieved by any decision or action of the director under this chapter may file a written request with the city manager for reconsideration within 10 days of notification of the decision or action. The notice of appeal shall be on a form provided by the director and shall set forth in reasonable detail the decision or action appealed from and the facts and arguments supporting the appellant’s request for consideration. The city manager shall render a final determination within 10 days of the receipt of the request for reconsideration. The city manager may establish such procedures as may be deemed necessary or proper to conduct the reconsideration process. The filing of a request for reconsideration shall be a condition precedent to the right to appeal to the city council pursuant to subsection (B) of this section. The filing of an appeal shall not stay enforcement of the action by the director in emergency situations as defined in NMC 13.10.300(B)(3).

B. Appeal of Final Determination.

1. Any person aggrieved by the final determination of the city manager may appeal the determination to the city council within 10 days of notification by the city manager of final determination. Written notification of the appeal shall be filed with the city council and city manager (together with the payment of a fee of $50.00) within 10 days after receipt of the final determination of the city manager and shall set forth in reasonable detail the decision or action appealed from and the facts and arguments supporting the appellant’s request for reversal or modification of the city manager’s determination.

2. The city council shall conduct a hearing on the appeal according to procedures established by the city council. The hearing shall be conducted at the earliest possible regularly scheduled city council meeting, with final city council action being taken on the appeal within 60 days after its initial filing. [Ord. 2713 Exh. B, 4-20-09; Ord. 2684 § 1, 12-17-07; Ord. 2150, 8-28-84. Code 2001 § 51.79.]

13.10.330 Falsifying information.

A. Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter or wastewater discharge permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall be in violation of this chapter and, upon conviction, be punished as established by this chapter.

B. In addition, the industrial user shall be subject to:

1. The provisions of 18 USC relating to fraud and false statements;

2. The provisions of Section 309(c)(4) of the Clean Water Act, as amended, governing false statements, representation or certification; and

3. The provision of Section 309(c)(5) regarding responsible corporate officers. [Ord. 2713 Exh. B, 4-20-09; Ord. 2684 § 1, 12-17-07; Ord. 2319, 1-21-92; Ord. 2150, 8-28-84. Code 2001 § 51.80.]

Penalty: See NMC 13.10.360.

13.10.340 Supplemental enforcement action.

A. Performance Bonds. The director may decline to issue or reissue a wastewater discharge permit to any user which has failed to comply with any provision of this chapter, a previous wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement unless such user first files a satisfactory bond, payable to the city, in a sum not to exceed a value determined by the director to be necessary to achieve consistent compliance.

B. Liability Insurance. The director may decline to issue or reissue a wastewater discharge permit to any user which has failed to comply with any provision of this chapter, a previous wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.

C. Water Supply Severance. Whenever a user has violated or continues to violate any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will only recommence, at the user’s expense, after it has satisfactorily demonstrated its ability to comply.

D. Public Nuisance. A violation of any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement is declared a public nuisance and shall be corrected or abated as directed by the director. Any person(s) creating a public nuisance shall be subject to the provisions of the Newberg Municipal Code governing such nuisances, including reimbursing the city for any costs incurred in removing, abating, or remedying said nuisance.

E. Severability. If any provision of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect.

F. Conflicts. All other chapters and parts of other chapters inconsistent or conflicting with any part of this chapter are repealed to the extent of the inconsistency or conflict. [Ord. 2713 Exh. B, 4-20-09; Ord. 2684 § 1, 12-17-07. Code 2001 § 51.81.]

13.10.350 Cost recovery.

A. The director shall recover all reasonable costs incurred by the city as a result of a violation of this chapter. The costs include, but are not necessarily limited to:

1. Work necessary to prevent and/or repair damage to the POTW;

2. Additional treatment and similar extraordinary measures;

3. Any penalties levied against the city for violation of state and/or federal permits resulting from the discharge.

B. Notification of the costs to be recovered under subsection (A) of this section shall be in accordance with NMC 13.10.290(C). The notification shall state the specific violation(s), the damages and penalties sustained by the city, the costs of those damages and penalties, and the costs the director has determined as attributable to the discharge and billed to the discharger.

C. The costs are due and payable by the discharger upon receipt of the letter.

D. The director may (with the concurrence of the city manager) terminate or suspend water service and/or discharge service for nonpayment of costs that the user has been ordered to pay by the city.

E. The city council may, through the city attorney, place a lien against the discharger’s property for nonpayment of costs that the user has been ordered to pay by the city. [Ord. 2713 Exh. B, 4-20-09; Ord. 2684 § 1, 12-17-07; Ord. 2150, 8-28-84. Code 2001 § 51.82.]

13.10.360 Penalty.

A. Penalties for Violations. Notwithstanding the provisions of NMC 13.10.080 through 13.10.120, no unauthorized person shall maliciously, willfully or negligently break, damage, destroy or uncover any structure, appurtenance or equipment which is part of the POTW. Any person violating this provision shall have committed a city Class 1 civil infraction and shall be processed in accordance with the procedure set forth in the uniform civil infraction procedure ordinance, Article IV of Chapter 2.30 NMC. Each day of continuing violation shall constitute a separate offense.

B. Continuing Violations. Any user who is found to have violated an order of the city council or who failed to comply with any provisions of this chapter, and the orders, rules, regulations, and permits issued hereunder shall have committed a city Class 1 civil infraction and shall be processed in accordance with the procedure set forth in the uniform civil infraction procedure ordinance, Article IV of Chapter 2.30 NMC. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the city may recover reasonable attorneys’ fees, court costs, court reporter’s fees and other expenses of litigation by appropriate court action against the person found to have violated this chapter or the orders, rules, regulations, and permits issued hereunder. [Ord. 2713 Exh. B, 4-20-09; Ord. 2684 § 1, 12-17-07; Ord. 2319, 1-21-92; Ord. 2163, 4-1-85; Ord. 2150, 8-28-84. Code 2001 § 51.83.]