HomeMy WebLinkAbout180 - 01/05/1982 - REPEALING AND RE-ENACTING WITH MODIFICATIONS CHAPTER 112 ARTICLE 11 OF THE CITY CODE RELATING TO THE - I
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ORDINANCE NO 180 , 1981
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING AND RE-ENACTING, WITH MODIFICATIONS,
CHAPTER 112, ARTICLE II OF THE CODE OF THE
CITY OF FORT COLLINS, SAID ARTICLE BEING THE
WASTEWATER UTILITY OPDINANCE OF THE CITY
WHEREAS, the City is the holder of a National Pollutant Discharge
Elimination System Permit (NPDES Permit) issued for discharge of waste-
waters into the navigable waters of the United States pursuant to the
Federal Water Pollution Control Act, and
WHEREAS, the United States Environmental Protection Agency, as admin-
istrator of the Federal Water Pollution Control Act, requires, for the
continued utilization of NPDES permits, the establishment of industrial
wastewater pretreatment programs, together with all necessary administra-
tive and enforcement mechanisms, and
WHEREAS, the City Council has determined that it is in the best
interests of the citizens of Fort Collins that a wastewater pretreatment
program be established, together with all necessary administrative and
enforcement mechanisms, and
WHEREAS, the City Council has further determined that it is in the
best interests of the citizens of the City that the present sanitary sewer
ordinance be repealed in its entirety and reenacted with the modifications
as hereinafter provided
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Chapter 112, Article lI "Sanitary Sewers" be, and the same
hereby is, repealed and re-enacted as follows
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ART ICLE"II
Sanitary Sewers
§112-67 GENERAL PROVISIONS
A Short Title
nance"
This Article shall be known as the "Wastewater Utility Ordi -
B Purpose
It is necessary for the health, safety and welfare of the resi-
dents of the City to regulate the collection of wastewater and treat-
ment thereof to provide for maximum public benefit This ordinance sets
fort[ uniform requirements for direct and indirect contributors into the
wastewater collection and treatment system for the City and enables it to
comply gith all applicable State and Federal laws
The objectives are
1 To prevent the introduction of pollutants into the POTW
which will interfere with the operation of the system or contaminate the
resulting sludge,
2 To prevent the introduction of pollutants into the POTW
which will pass througn the system, inadequately treated, into receiving
waters or the atmosphere or otherwise be incompatible with the system,
3 To improve the opportunity to recycle and reclaim waste-
waters and sludges from the system,
4 To provide for equitable distribution among users of the
cost of the POTW, and
5 To provide for and promote the general health, safety and
welfare of the citizens residing within the City and downstream users
The provisions herein provide for the regulation of direct and
indirect contributors to the POTvJ through the issuance of permits and
through enforcement of general requirements for all users , authorize
monitoring and enforcement activities, require user reporting, and provide
for the setting of fees for the equitable distribution of costs resulting
from the program established herein, and for enforcement
The provisions herein shall apply to the POTW and to persons
outside the POTW who are, by contract or agreement with the POTW, users of
the POTW
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C Definitions/Abbrenations
1 Unless the context specifically indicates otherwise, the
follor�ing terms and phrases, as used in this ordinance, shall have the
meanings hereinafter designated
Act or 'The Act' The Federal Water Pollutioi Control Act,
P L 92-500 also known as the Clean Water Act, including the amendments
made by tire Clean Water Act of 1977 , P L 95-217
Administrator shall mean the Regional Administrator of
Rcgion VIII of the U S EPA
Approval Authority shall mean the Administrator or, upon
delegation of State Pretreatment Authority to Colorado, the Director of the
Water Quality Control Division, Colorado Department of Health
Authority ( Control Authority) shall mean the City
Authorized 'representative of Industrial User An authorized
representative of an industrial user may be a A principal executive
officer of at least the level of vice president, if the industrial user is
a corporation, (b) A general partner or proprietor if the industrial user
is a partnership or proprietorship, respectively, and (c) A duly authorized
representative of tho individual designated above if such representative is
responsible for thr overall operation of the facilities from which the
indirect discharye originates
Brorhamical Oxygen Dergand ( BOD) shall mean the quantity
of oxygen utilized in the biochemical oxidation of organic matter under
standard laboratory procedure in 5 days at 20° C, expressed in milligrams
per ] )ter
BuSir�ss Clpssifrcdtion Code ( BCC) A classification of
dischargers baspd cm tnr 1972 Stana,rds Industrial Classification Manual ,
Bureau of the BLJq �t of tO United States of America
Chenir rl fi <yiaen Demand ( COD) shall mean the measure of
the oxygen equi\, � l r rr ghat portion of organic matter in a sample that is
su°cepLrbie to i i ,l i r 1 by a strong chemical oxidant ruder laboratory
pr occdL re`
Cni n I Ind The anounL of chlorine requi, ed to produce
fr re crrlorrnf r I — Il of 0 1 mg/1 df Lu a contact time of 19 minutes as
n-d Jr o oy ihr U 1 ' Diethyl-P-PlicnylcnE-Diamrne) rethid on a sample
-it , t- ir rature I in conformance wiLh Standard Nothods
( ,ty h, ll nean the City of Fort Collins, Colorado
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Coda shall nttan the Code of the City
Compatible ( Conventional ) Pollutant Biochemical oxygen
demeid, chemical oxygen deatand, suspended solids, FOG, ammonia, pH and
fecal coliform bacteria
Composite Sample shall mean a representative floe proper-
tionec' simple collected within a 24 hour period A composite sample shall
constitute a minimum of four individual samples collected at equally spaced
tr'o-hour intervals and combined according to flow
Consistent POTWW Treatment Vorks Removal , Pollutant Removal
or Removal shall mean reduction in the amount of a pollutant or alteration
of the nature of a pollutant in the influent of the PON to a less toxic or
harmless state in the effluent Consistent POTW removal efficiency shall
be the average of the lowest 50% of the removals measured
Contamination An impairment of the quality of the waters
of the State by waste to a degree einich creates a hazard to the environmen-
tal and/or public health throrgh poisoning or through the spread of dis-
ease
Cooling Vater The water discharged from any use such as
air conditioning, cooling or refrigeration, or to which the only pollutant
added is heat
County Health Department , Health Officer Any reference
in this Article to the "Department of Health" or the "health department"
shall mean the Department of Health of Latimer County Any reference in
this Article to the "health officer" shall mean the Health Officer of the
Department of Health of Larimer County, or his designated representative
Director shall mean the Director of Operations and Planning
for the Water Utilities of the City or his authorized representative
Direct Discharge The discharge of treated or untreated
wastewater directly to the waters of the State of Colorado
Discharger Any person who discharges or causes the dis-
charge of wastewater to thc. POTII
Discharge Rate shall mean that volume of effluent from
the plant which has been determined by the Director to be representative of
the process effluent from that plant Such effluent sill be based upon
metered water usage unless, in the opinion of the Director , significant
amounts of water are diverted and not discharged into the wastewater
treatmc»t system
Dissolved ;olids shall mean that concentration of matter
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in-the,wastewater-that will pass through a 0 45 micron filter
Division or Wastewater Division means the -section of the
Department of Water Utilities which is responsible for the 0 & i4 of the
wastewater treatment system
Domestic ( Sanitary) Wastes means flow ( a) from the non-
commercial preparation and nandling of food or (b) containing human excre-
ment and similar matter from the sanitary systems of dwellings, commercial
buildings, industrial facilities, and institutions
Environmental Protection Agency (EPA) The U S Environ-
mental Protection Agency, or where appropriate, the ,term may also be used
as a designation for the Administrator or other duly authorized official of
said agency
Existing User shall mean an industrial user which is in
operation at the time of promulgation of Federal Categorical Pretreatment
Standards, or at the time of enactment of this Article
Fecal Coliform shall mean any number of organisms common
to the intestinal tract of humans and animals whose presence in sanitary
sewage is an indicator of pollution
Fats, Oil or Grease ( FOG) shall mean any hydrocarbons,
fatty acids, soaps, fats, waxes, oils, and any other material that is
extracted by freon solvent
Flow shall mean volume of wastewater
Garbage shall mean solid wastes from the domestic and com-
mercial preparation and handling of food, and from the storage and sale
of produce
Garbage, Properly Ground or Shredded shall mean the wastes
from the preparation and handling of foods that have been ground to such a
degree that all particles will be carried freely under the flow conditions
normally prevailing in public sewers, with no particles greater than
one-quarter inch in any dimension
Grab Sample A sample which is taken from a waste stream on
a one-time basis with no regard to the flow in the waste stream and without
consideration of time
Holding Tank Sewage Any wastewater from holding tanks
such as vessels, chemical toilets, campers, trailers, septic tanks, sealed
vaults, and vacuum-pump tank trucks
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Incon pat ible ( ilon-Conventional ) Pollutant shall mean any
nori-treitabIf- caste product including non-biodegrad able dissolved solids
Indirect Discharge the discharge or the introduction
of non-dowestrc pollutants from any source regulated under section 307 (b)
or (c) of the Act, into the POTw ( including holding tank waste discharged
into the system)
Individual ( Private) Wastewater Disposal Systerr means a
septic tan'C, cesspool or whir at self-contained receptacle or facility
which collects and/or treats or otherwise disposes of wastewater and which
is not connected to the PON
Industrldl means of or pertaining to industry, manufactur-
ing, commerce, trade or business, as distinguished from domestic or resi-
dential
Industrial Surcharge shall mean that charge assessed against
industrial customers based upon the amount that the strength of their
discharged wastewater exceeds normal domestic strength in the para-
meters of BOD, COD, or TSS
Industrial User shall mean any user that discharges waste-
water from industrial processes not to include sanitary wastes
Industrial Wastes shall mean the liquid wastes from the
industrial manufacturing processes, trade, or business as distinct from
sanitary wastewater
Interference shall mean the inhibition or disruption of
the PON treatment processes or operations which contributes to a violation
of any requirements of the POTW' s NPDES Permit The term includes preven-
tion of sludge use or disposal by the POTW in accordance with Section 405
of the Act, or any criteria, guidelines or regulations developed pursuant
to the SWDA, the Clean Air Act, the Toxic Substances Control Act, RCRA, or
more stringent state criteria applicable to the method of drspos�l or use
employed by the POTW
Turbidity shall be the measure of the optical properties of
a sample which causes light to be scattered and absorbed rathtr than
transmitted in straight lines
Living Unit shall mean living quarters for one person or rot
a family plus the space provided for rent of sleeping roofrs oily r ithout
cooking facilities for not exceeding 2 tenants Where space is arranged to
be rented to more than 2 tenants, space for each 4 or less additional
tenants shall be considered as an additional " living unto" For tree
purpose of the foregoing, a "family" shall mean spouses and their children
by birth or adoption, and includinq foster children and children placed in
legal guardianship In the event a residence is not occupied b� a fam, ly,
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VIP'] d ' livrn9' unit" shall eon�trLute quarters for no more than 3 persons,
whether tenants or othen,ise, and the space for each 3 or lcss_, Odiriondl
persons shall be consider ad as an additional "lrviny unit"
Vational Categorical Pretreatment Standdrd or Categorical
Standard or Pretreatment Standard NCP�T shall mean any regulation contain-
ing pollutant discharge limits pror.ulgated by the EPA in accordarce with
Section 307 (b) and (c) of the Act which applies to a specific category of
industrial users
National Pollutant Discharge Elirination System O"OES
means the program for issuing„ conditioning and denying permits for the
discharge of pollutants from point sources into the navigable waters,
the contiguous zone and the oceans pursuant to Section 402 of the Act
National Pollutant Discharge Elimination System Permit
P'PDES PerriitT shall mean a per,,rit issued under the Ndtional Pollutant
Discharge Elimination Systeir for Discharge of Vastowaters to the navigable
haters of the United States pursuant to the Act
National Prohibitive Discharge Standard or Prohibitive
Dischar ge Standard Any regulation developed under the authority of 307
TFT of the Act and 40 CFR, Section 403 5
Natural Outlet_ shall mean any outlet into a water course,
pond, ditch, lake or other body of surface or groundwater
Normal Domestic Strength Wastewater means wastewater when
analyzed by Standard Methods contains no more than 250 mg/1 of TSS ,
300 mg/l of COD, and/or 200 mg/l of BOD
Person Any individual , partnership, firm, corporation,
association, trust, estate, governmental entity or any other legal entity,
or their legal representatives, agents or assigns The masculine gender
shall include the fern nine, the singular shall include the plural
pH shall mean the intensity of the acid or base condition
of a solution, calculated by taking the logarithm of the reciprocal of the
hydrogen ion concentration expressed in moles per liter of solution
Platinum Cobalt Scale shall be the standard by which sairples
shrdll be compared A standard unit of color is produced by 1 rrrg/l of
platinum in the form of chloro-platinate ion in solution
Pollutant means dredged spoil , dirt, slurry, solid waste,
incinerdtor residue, sewage, sewage sludge, garbage, trash, chemical r,aste,
biological nutrient , biological material , radioactive material , hre3 ,
wrecked or discarded equipment, rock , sand, or any industrial , munrc , pal ,
or agricultural waste
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Pollution The man-nade or man-induced alteration of the
chemical , physical , biological , and radiological integrity of water
Pretreatment or Treatment 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 otnerwise introducing such pollutants into
a POTW The reduction or alteration can be obtained by physical, chemical
or biological processes, or process changes by other means, except as
prohibited by 40 CFR Section 403 6 (d)
Pretreatment Requirements shall mean any substantive or
procedural requirement related to pretreatment, other than a National
Pretreatment Standard imposed on an industrial user
Pretreatment Standards means all applicable Federal rules
and regulations implementing Section 307 of the Act, as well as any non-
conflicting State or local standards In cases of conflicting standards or
regulations, the more stringent thereof shall be applied
Publicly Owned Treatment Works (POTW) The wastewater
system owned by the City This definition includes any sewer that conveys
wastewater to the POTW treatment plants, except private sewers For the
purposes of this ordinance, POT14 shall also include any sewers that convey
wastewater to the POTW from persons outside the POTW boundaries who are by
contract or agreement with the POTW actually users of the POTW
Radiological Control - disposal by release into sanitary
serer systems in accordance with Rules and Regulations published by Colo-
rado Department of Health and the State of Colorado
Receiving Water means lakes, rivers, streams or other water-
courses which receive treated or untreated wastewater
Receiving Water Quality Requirements Requirements for the
wastewater treatment plant effluent estab it shed by applicable State or
Federal regulatory agencies for the protection of receiving water quality
Such requirements shall include effluent limitations, and waste discharge
standards, requirements, limitations, or prohibitions which may be esta-
blished or adopted from time to time by State or Federal lar,s or regulatory
agencies
Sanitary Sewer shall mean a sewer vhich carries sewage
and to which storm, surface, and groundwaters arc not intentionally admit-
ted , including the pipe or conduit system and appurtenances , for the
collection, transportation, pumping and treatment of sewage This defini-
tion shall also include the terms "public sewer," "sewer system", "sever " ,
and "collection line"
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Service Llne (Private Sewer) means the wastewater collector
line extending from the waewater dispo
st sal facilities of the premises up
'totancl including the connection to the sanitary sewer
Shall and Will are manoatory, May is permissive
Si nificant Industrial User means any industrial user of the
POTW whose flow a exceeds 25,000 gallons per day, (b) exceeds 5% of the
daily capacity of the treatment system, (c) is subject to a surcharge for
excessive BOD, COD and/or TSS as provided for in this Chapter, (d) contains
pollutants in excess of the limitations as set forth in Schedule A (e)
has toxic material in its waste stream in toxic amounts as defined in
standards issued under section 307 (a) of the Act, or (f) is determined by
the Director to have significant impact, either singly or in combination
with other contributing industries, on the POTW such that the quality of
the effluent, or sludges, from the POTW deviates from the requirements set
forth in the NPDES Permit issued to the City, or such that interference
with the treatment process or facilities would result
Signicant Viator shall mean a person who remains in
noncompliance with ifconditionsol of this ordinance 45 days after notification
of such noncompliance and which is part of a pattern of noncompliance over
a twelve month period or which involves a failure to accurately report
noncompliance
Sludge shall mean the accumulated solids separated from
liquids, such as water or wastewater, during processing, or deposits on
bottoms of streams or other bodies of water, or the precipitate resulting
from chemical treatment, coagulation, or sedimentation of water or waste-
water
Slug or Slugload Any discharge of wastewater which , in
concentration of any given constitutent or in quantity of flow, exceeds for
any one period of duration longer than 15 minutes more than 5 times the
average 24 hour concentration or flows during the normal operation
Standard Industrial Classification (SIC) A classification
pursuant to the Standard Industrial Classification Manual issued by the
Executive Office of the President, Office of Management and Budget, 1972
Standard Methods Procedures described in the latest edition
of "Standard Methods for the Examination of Water and Wastewater" as
published by the American Public Health Association, and the Water Pollu-
tion Control Federation Elements of wastewater strength shall be measured
by Standard Methods unless otherwise expressly stated
Standard Specifications shall mean the current specifica-
tions used by the City in the construction of public sewers
State State of Colorado
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State Vaters shall rrean any and all surface and subsurface
water swhich are containAd in or flow in or _through the state, except
waters in sewage systems, waters in treatment works or disposal systems,
watu s in potable wdtcr distribution systems, and all waters withdrawn for
use until use and treatment have been completed
Storm Serer Shall mean a sewer that carries only storm,
surface and gi ouna i ater drainage
Storm Water Any flow occurring during or following any
form of natural precipitation and resulting therefron
SubdividEr (Developer ) shall mean any person who plats
and improves undeveloped land for the purpose of industrial , commercial ,
or residential use
Subdivision shall mean any undeveloped land which has been
platted and is improv^d for the purpose of industrial , commercial , or
residential use
Superintendent The person designated by the City to super-
vise the Division and who is charged with certain duties and respon-
sibilities by this Article, or his duly authorized representative
Suspended Solids or Total Suspended Solids (TSS) The
total suspended matter, expressed in milligrams per liter, tnat floats on
the surface of, or is suspended in, water, wastewater, or other liquids,
and which is removable by laboratory filtering in accordance with proce-
dures set forth in Standard Methods
System Development Charge means that charge assessed against
new users of the wastewater treatment system to finance capital improvement
of the wastewater treatment system
Total Metals shall mean the sum of the concentrations of
Copper, Nickel Total Chromium Zinc and Cadmium
Total Solids shall mean the sum of suspended and dissolved
solids
Toxic Pollutant Any pollutant or combination of pollutants
listed in Schedule A as toxic or in regulations promulgated by the Adminis-
trator of the Environnental Protection Agency under the provision of CWA
307 (d) or other Acts
Turbidity shall be the measure of the optical properties of
a sample which causes light to be scattered and absorbed rather then
tr, ns-flitted in straight lines
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Upset An exceptional incident in which a discharger uninten-
tionally and temporarily is in a state of noncompliance with the standards
set forth in Schedule A hereto due to factors beyond the reasonable control
of the discharger, and excluding noncompliance to the extent caused by
operational error, improperly designed treatment facilities, inadequate
treatment facilities , lack of preventive maintenance, or careless or
improper operation thereof
Unpolluted Water shall mean water of quality equal to or
better than the effluent criteria in effect, or water that would not cause
violation of receiving water quality standards and would not be benefited
by discharge to the POTW
User Any person who contributes , causes orpermits the
contribution of wastewater into the POTW
User Classification means a classification of users based on
the 1972 (or subsequent) edition of the SIC Manual prepared by the Federal
Office of Management and Budget
Viscosity The property of a fluid that resists internal
flow by releasing counteracting forces
Wastewater (Sewage) shall mean the combination of the liquid
and water came wastes from residences, commercial buildings, industrial
plants and institutions including polluted cooling water
(a) Sanitary Wastewater shall mean the combination of liquid
and water-carried wastes discharged from toilet and other
sanitary plumbing facilities
(b) Industrial Wastewater shall mean a combination of liquid
and water-carried waste, discharged from any industrial
establishment and resulting from any trade process carried
on in that establishment including the wastewater from
pretreatment facilities and polluted cooling water
(c) Combined Wastewater shall mean wastewater including
sanitary and industrial wastewater, storm water, infil-
tration and inflow carried to the POTW
Wastewater Discharge Permit shall mean the document or
documents issued to a user by the City in accordance with the terms of this
Article, and shall include general and industrial permits
Wastewater Pretreatment Facility shall mean any arrangement
of devices or structures used for treating wastewater before it is dis-
charged to the POTW
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Wastewater Strength The quality of wastewater drsch,ryNd
as measured by its elements, including its constituent., and characteristic,
Wastewater Treatment System, Wastewater Utility, or Wdste-
water System means a any uev ices, facilities, structures, equipment
or works owned or used by the City for the purpose of the transmission,
storage, treatment, recycling, and reclamation of industrial and domestic
wastes from within or wlthoit the City, or necessary to recycle or reuse
water at the most economical cost over the estimdted life of the system,
including intercepting sewers, outfall sewers, collection lines, pumping,
power, and other equipment, and their appurtenances, and excluding service
lines, (b) extensions, improvements, additions, alterations or any remodel-
inq thereof, (c) elements essential to provide a reliable recycled supply
such as standby treatment units and clear well facilities, and (d) any
works, including the land and sites that may be acquired, that will be an
integral part of the treatment process or is used for ultimate disposal of
residues resulting from such treatment
Water Course shall mean any channel in which a flow of eater
occurs, either continuously or intermittently
Winter Quarter Water Use shall mean the average monthly
amount of water delivered through the meter of the user during the preced-
ing months of December, January, and February
Working Day is any day except Saturday, Sunday and any
National , State or local holiday (or day of observation) during which the
office of the Director is not open for regular business
2 Terms not otherwise defined herein shall have the meanings
adopted in the latest edition of Standard Methods for the Examination of
Water and Wastewater, published by the American Public Health Association,
the American Water Works Association and the 'dater Pollution Control
Federation
3 Abbreviations The following abbreviations shall have the
designated meanings
(1) BOO - Biochemical Oxygen Demand
(2) CFR - Code of Federal Regulations
(3) COD - Chemical Oxygen Demand
(4) 0&M - Operation and Maintenance
(5) FOG - Fats oils and grease
(6) 1 - Liter
(7) mg - Milligrams
(8) mg/1 - Milligrams per liter
(9) NPDES - National Pollutant Discharge Elimination System
(10) POTW - Publicly Owned Treatment 4rorks
(11) SIC - Standard Industrial Classification
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(12) SWDA - Solid Waste Disposal Act, 42 U S'C 6901, et _seq
(13) TSS - Total Suspended Solids
(14) USC - United States Code
(15) USEPA (EDA) - United States Environmental Protection Agency
(16) BAT - Best available technologies
(17) BMP - Best management practices
(18) BPT - Best practical technologies
(19) RCRA - Resource Conservation Recovery Act
(20) PIF - Plant Investment Fee
(21) NCPS - National Categorical Pretreatment Standards
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§112-63 GErJFRAL REGULATIONS
A Supervision
The PON shall be supervised and managed by the Director
1 The Division shall be responsible for the wastewater
systems and treatment plants serving the City and such other areas as
authorized by the City Council
2 The Director shall be responsible for the management of
the wastewater system of the City and all of the property appertaining
thereto He shall see that such system is kept properly cleaned and in
good working order and repair He shall insure proper compliance with all
local , state and Federal regulations for collection, treatment and dis-
charge of wastewater and shall perform all other duties in connection with
such system as may be required
3 The Director may formulate and promulgate rules and
regulations consistent with the provisions of this Article for the adminis-
tration of the wastewater system which rules and regulations shall become
effective upon approval by the City Council Rules and regulations adopted
by the Director shall pertain to, but shall not be limited to, discharge,
limitations, pretreatment requirements, standards for installation of
wastewater lines and services, and implementation of standards promulgated
pursuant to the Act In establishing such rules and regulations, the
Director shall establish standards that will assure safe, efficient
operation of the wastewater system, wastewater treatment process or equip-
ment, that will not have an adverse effect on the receiving water, or will
not otherwise endanger persons or property, or constitute a nuisance
4 The Director and the Director of Finance shall keep such
records and prepare such reports concerning the wastewater utility as the
City Manager directs The City Manager shall keep the City Council advised
of the operations, financial conditions and future needs of the Division
5 If wastewaters containing any substance described in the
following sections of this code are discharged or proposed to be discharged
into the wastewater system of the City or to any tributary thereto, the
Director may take any action necessary to
(a) Prohibit the discharge of such wastewater,
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(b) Require a discharger to demonstrate that in-plant
modifications will reduce or, eliminate the discharge
of such substances in conformity with this Article,
(c) Ensure pretreatment , including storage facilities
or flow equalization necessary to reduce or eliminate
the objectionable characteristics or substances so
that the discharge will not violate this Article,
(d) Ensure that the person making, causing or allowing the
discharge pays any additional cost or expense incurred
by the City treatment system as a result of such
discharge, or
(e) Take such other or further remedial action as may be
deemed to be desirable or necessary to achieve the
purpose of this Article
6 Any actual or threatened discharge of wastewater contain-
ing substances limited or prohibited by this Aticle into the wastewater
treatment system of the City which, by the determination of the Director,
presents an imminent or substantial endangerment to the health or welfare
of persons or to the environment, or which causes interference with the
normal operation of the wastewater treatment system, may be immediately
halted or eliminated by the Director The Director may halt or eliminate
such discharges by means of any procedure or measure authorized by this
Article for enforcement of discharge limitations and prohibitions, or by
means of physical disconnection from the wastewater treatment service
Such discharges may be halted or eliminated without regard to the com-
pliance of the discharge with other provisions of this Article
B General Prohibitions
1 All wastewater shall be discharged to the POTW except as
provided hereinafter
2 It shall be unlawful to discharge into and upon any public
highway, stream, water course, or public place, or into any drain, cess-
pool , storm or private sewer, or natural water outlet, any sewage or other
polluted waters, except where suitable treatment has been provided in
accordance with provisions of this ordinance and local , state and federal
laws
3 Without having obtained the written consent of the Direc-
tor, no person shall cause to be discharged or make a connection which
would allow any storm water, surface drainage, groundwater, water from
unroofed drains , roof run-off, cooling water or other water into any
sanitary sewer No person shall cause any of the above mentioned water
to be mixed with that person' s sewage in order to dilute said sewage
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4 It shall be unlawful for any person to in any way-damage
,any property, equipment or appliance constituting a part of the City
wastewater utility or for any person to trespass upon the property of
the City, to tap any sewer main or to make any connections therewith, to
deposit any type of refuse into manholes or in any manner to interfere with
the wastewater utility or the property, equipment, manholes, piping or
appliances of the wastewater collection system and treatment facilities
5 Any person, firm or corporation who shall violate any
provision of this ordinance or other regulation adopted by reference by
this ordinance, by doing any act prohibited or declared unlawful thereby,
shall be guilty of a misdemeanor and shall be subject to such penalties as
are provided for in the Code
C Specific Prohibitions
1 No user shall contribute or cause to be contributed
directly or indirectly, any pollutant or wastewater which will interfere
with the operation or performance of the POTW These general prohibitions
apply to all such users of a POTW, whether or not the user is subject to
National Categorical Pretreatment Standards or any other national, state,
or local Pretreatment Standards or requirements A user may not contribute
the following substances to any POTW
(a) Any liquids, solids, or gases which by reason or other
nature or ouantity are, or may be, sufficient either alone or by inter-
action with other substances to cause fire or explosion or be injurious in
any other way to the POTW or to the operation of the POTW At no time
shall two successive readings on any explosion hazard meter, at the point
of discharge into the system (or at any point in the system) be more than
5% nor any single reading over 10% of the Lower Explosive Limit (LEL) of
the meter Prohibited materials include, but are not limited to, gasoline,
kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones,
aldehydes, peroxides chlorates, perchlorates bromates, carbides, hydrides
and sulfides, and any other substances which the POTW, the State, or EPA
has notified the user is a fire hazard or a hazard to the system
(b) Solid or viscous substances which may cause obstruc-
tion to the flow in a sewer or other interference with the operation of the
wastewater treatment facilities such as , but not limited to grease,
garbage with particles greater than one-quarter inch in any dimension,
animal guts or tissues , paunch manure, bones, hair, hides or flesh-
ings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime,
stone or marble dust, metal, glass, ashes, straw, shavings, grass clip-
pings, rags, spent grains, spent hops, waste paper, wood, plastics, gas,
tar, asphalt residues, residues from refining or processing of fuel or
lubricating oil , mud or glass, grinding or polishing wastes, and other like
or similar materials
-15-
(c) Any wastewater having a pH less than 6 0 or more than
9'O or ,wastewater having any other corrosive property capable -of causing
damage �or hazard to structures, equipment, and/or personnel of the PON
(d) Any wastewater containing toxic pollutants in suffi-
cient 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, contaminate the sludge of any PON systems, or exceed the
limitation set forth in a Categorical Pretreatment Standard A toxic
pollutant shall include but not be limited to any pollutant identified
pursuant to Section 307 (a) of the Act
(e) Any malodorous liquids, gases, or solids which either
singly or by interaction with other wastes are sufficient to prevent entry
into the sewers for their maintenance and repair
(f) Any substance which may cause the POTW' s effluent or
any other product of the POTW, such as residues, sludges, or scums, to be
unsuitable for reclamation and reuse or to interfere with the reclamation
process where the PON is pursuing a reuse and reclamation program In no
case shall a substance discharged to the PON cause the PON to be in
non-conpliance with sludge use or disposal criteria, guidelines, or regula-
tions affecting sludge use or disposal
(9) Any substance which will cause the PON to jiolate
its NPDES Permit or the receiving water quality standards
(h) Any wastewater with objectionable color not removable
in the treatment process, such as, but not limited to, dye wastes and
vegetable tanning solutions
( 1 ) Any pollutants, including oxygen demanding pollutants
(BOD, etc ) released at a flow and/or pollutant concentration which a user
knows or has reason to know will cause interference to the PON In no
case shall a slug load have a flow rate or contain concentration or quali-
ties of pollutants that exceed for any time period longer than 15 minutes
more than 5 times the average 24 hour concentration, quantities, or flow
during normal operation
(j) Any wastewater containing any radioactive wastes or
isotope of such halflife or concentration as may exceed limits established
by the Director in compliance with applicable State Rules and Regulations
Pertaining to Radiological Control , published by the Colorado Department of
Health, State of Colorado
(k) Any wastewater which causes a hazard to human life or
creates a public nuisance
-16-
( 1 ) Any wastewdtpr having a LempFr �ture which will cruses
the teiiprrature of the influent to thr wastewater treatment plant to exrcPd
104 F and/or inhibit the biological activity in the PON
(m) Any rater or waste which contains grease or oil or any
other substances that will solidify or become discernably viscous at
temperatures betreen 32 F (0 C) and 150 F (65 5'C)
(n) Any water or waste containing free, floating or
insoluble oil
(o) Wastes from septic tank pumpag or vaults
(p) Waters containing garbage that has not been ground
or comininutPd to such a degree that all particles will be carried freely in
suspension under conditions normally prevailing in public sewers Solid
particles shall be less than one-quarter inch in any dimension
(q) Unusual concentrations of dissolved solids
( r) Any wastewater containing BOD, total solids, or
suspended solids of such character and quantity that unusual attention or
expense is required to handle such materials at the wastewater treatment
plant, provided, however, that a user may be permitted by specific, written
agreement with the POTW which agreement to discharge such BOO or TSS may
provide for special charges, scrcharges, paylrents or provisions for treat-
ing and tasting equipment
(s) Ammonia nitrogen or substances readily converted
thereto, in amounts that could cause the POTW to fail to comply with its
NPDES perinit
(t) Water which has been used for cooling or heat transfer
purposes without recirculation, discharged from any system of condensation,
air conditioning, refrigeration or similar use
2 Any material or substance not specifically mentioned in
this section which in itself is corrosive, irritating, or noxious to human
beings and animals, or which by interaction with otner water or waste in
the public sewer system could produce undesirable effects or create any
other condition deleterious to structures, treatment processes, and quality
of the receiving stream, is hereby prohibited
3 Any material or substance entering into the public sewer
which interferes with the treatment process even if it is within the
concentration limitations stated in Schedule A may be prohibited upon
written notice by Lhe Director
4 The Director may grant a varianct, from the prohibited
discharge provisions of this Article to those persons applying for such a
-17-
variance in ,accordance with the rules and regulations promulgated by the
Director Variances may be considered under the following circumstances
( a) Compliance with -the prohibited discharge provisions
would impose an undue hardship on the person 'discharging wastes to the
POTW,
( b) Acceptance of the discharge does not adversely
affect the POTW
D Federal Categorical Pretreatment Standards
Upon the promulgation of the Federal Categorical Pretreatment
Standard for a particular industrial subcategory, the Federal Standard, if
more stringent than limitations imposed herein for sources in that subcate-
gory, shall immediately supersede the limitations imposed herein The
Director shall notify all affected users of the applicable reporting
requirements
E Specific Pollutant Limitations
No person shall discharge wastewater containing pollutants in
excess of the LIMITATIONS ON DISCHARGE, as set forth in Schedule A, unless
otherwise authorized by an industrial wastewater discharge permit
F State Requirements
State requirements and limitations on discharges shall
apply in any case where they are more stringent than federal requirements
and limitations or those contained herein
G POTW' s Right of Revision
The POTW may establish more stringent limitations or require-
ments on discharges to the wastewater disposal system as necessary
H Excessive Discharge
No user shall increase the use of process water or, in
any way, attempt to dilute a discharge as a partial or complete substitute
for adequate treatment to achieve compliance with any applicable limita-
tions
I Accidental Discharges
Each user shall , at its own expense, provide and maintain
facilities for protection from accidental discharge of prohibited materials
or other substances regulated herein In the case of an accidental dis-
charge, it is the responsibility of the user to immediately notify the POTW
-18-
of the incident The notification shall include location of discharge,
type of waste, concentration, volume, and corrective actions Witnin 5
working days following an accidental discharge, the. user shall subnit to
the Director a detailed written report describing the cause of the dis-
charge 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 may be incurred as a result of
damage to the POTW, fish kills, or any other damage to persons or property,
and such user shall be liable therefor, nor shall such notification relieve
the user of any fines, civil penalties, or other liability which may be
imposod by this ordinance or other applicable 1dW Failure to report
accidental discharges may, in addition to any other remedies , result
in the revocation of the discharger' s wastewater discharge permit If the
POTW is fined by the Approval Authority for violation of the POTW'rs
NPDES Permit or violation of Water Quality Standards as the result of a
spill or intentional slug discnarge of a toxic pollutant, then the fine,
includino all POTW legal , sampling, analytical testing costs and any otner
related costs shall be charged to the responsible user
J Man-mole Covers
No person shall opei any sewer manhole without the permission
of the Director
K Spcciil Agreements did Contracts
1 No statement contained in this section shall be construed
as prohibiting sp cial written agreernents between the POTW and any other
person alloiing industrial waste of unusual strength or character to be
adrititled to the POTW from any part or parts of such POT'J, or person or
person, living outside the bounddries of the POTW, upon such terms and
condiLrons dn,t ro- such periods of time as may be deemed reasonable
L io person, corporation, or other business entity, either
in per son or tht u ih an agent, employee, or contractor steal l make, al low
or cause to be mate any connection to the POTW for the purpose of servicing
property outside t`i� boundaries of the POTW, except upon recomnenclation of
the Director ird trip approval of the City Council
L or w ile Wastewater Disposal
Prior to commencement of construction of a private
WasLe dtcr iir ,rc ,nj system, the owner or his agent shall first obtain
WritLH11 I)er111 ion from the Director for submission to the Health Depart-
lit-rl L
The owner or his agent shall operaLc and maintain the
prrvdtr Wa,tr dk i disposal facilities dt his sole expense and in compli-
in � With II is moral , state, and local lams , rules and regulations
-1`)-
3 The type, capacity, location, and layout of an individual
wastewater disposal system shall comply with all -standards of the Colorado
Department of Health No permit shall be issued for any individual waste-
water disposal system employing subsurface soil absorption facilities where
the area of the lot does not meet the regulations imposed by the Health
Department
4 The contents of privy vaults, septic tanks, cesspools, or
outhouses within the limits of the City shall not be removed therefrom, nor
shall the same be transported through any street, alley or public place
within the City, except in a sanitary manner , through or by means of
airtight tanks, if soft and mixed with matter, and if solid or dry, in
tight covered tanks in such manner as shall prevent the escape of any
noxious gases or offensive odors and preserve such contents from sight or
exposure during transportation All tools, appliances and vehicles used in
such cleaning and removal shall be kept and maintained in sanitary condi-
tion and shall be subject to inspection by the Department of Health
-20-
§112-69 FEES AND CHARGES
A Fees and Charges
1 Fees The POTS) may adopt fees which may include, but need
not he limited to, the following
( a) Fees for all POTv1 costs, including maintenance and
operation
(b) Fees for reimbursement of costs of establishing and
operating the POT11' s Pretreatment Program
(c) Fees for monitoring , inspections and surveillance
procedur (s, including laooratory analysis
(d) Fees for permit applications
(e) Fees for correction, repairs and disconnection
(f) Fees for inspections, surveys, development and expan-
sion
(g) Plant Investment Fees
(h) Other fees as the POTW may deem necessary to carry out
the requirements contained herein
2 Determination of Charges
(a) The Director shall analyze the operating and financial
records of the Division for the previous calendar year and recommend to the
City Council not later than i4arch 1 of each year user rates or adjustments
to be in effect from April 1 to April 1 of the following year
(b) The Director shall Dase his recommendation on the
actual cost of serving each class of user , including in his consideration,
collection, treatment, administration, billing, and capital improvement
costs
(c) The rate for Categories A and B shall be a flat rate
representing a typical user in these categories as determined from the
analysis mentioned above
(d) The rate for Category C shall be based on the winter
quarter water use In the event water service was not received during such
period, thr minimum charge shall apply If any metered customer connects
-21-
to the POTW or makes a change in the use of his premises or substantially
expands such premises, the Director shall make an estimate of the water
consumption on said premises during an average winter month, based upon a
count of plumbing fixtures, consumption of similar customers or other
information relevant to such determination and such estimate, when made,
shall be the basis for the sewer service charge until the actual winter
water user for the premises can be determined
(e) The rate for Category D shall be based upon the follow-
ing formula
Cu = VuC
Where Cu = Users charge per billing period
Vu = Volume of water user per billing period
C = A charge per unit volume of water used based upon
the cost of service per unit volume of normal ,
domestic strength wastewater established by the
City Council upon the recommendation of the Direc-
tor
(f) The rate for Category G shall be the applicable rate
for users of similar categories inside the City limits In addition, users
in Category G shall pay a "capital investment recovery" charge equal to
one-half of the month charge
(g) The rate for Category H shall be determined by negotia-
tion with the party concerned However, the rate shall be based upon cost
of service and shall not be less than that of in-city users Category H
customers shall have to collect and pay to the City any surcharges and cost
recovery charges that would apply if the customer were connected directly
to the City system
(h) The users in Category E, F, and G shall be billed upon
the basis of metered water consumption except where they can show to the
satisfaction of the Director that not all of the water going through the
meter is returned to the wastewater system but is consumed in process or
otherwise diverted A metering device of a type, and installed in a manner
approved by the Director, may be used to measure the quantity of wastewater
returned to the public sewer for billing purposes Any such device shall
be installed and maintained at the users expense
( i ) Strength of wastewater used in the calculation of
charges for Category E shall be those as established in Schedule C
(j) Strength of wastewater used in the calculation of
charges for Category F shall be those as established in Schedule C unless
established pursuant to the monitoring provisions of the industrial waste-
water discharge permit
-22-
Schedule B 3 The applicable fees and charges shall be set forth in
et Classification of Users
The users of the P01W may be divided into various classifica-
tions, including but not limited to single dwelling, duplex, multiple
dwelling and nonresidential Additional classifications may be established
by the City for each non-residential user class Each user shall be
classed into one of the following categories and charged at the applicable
rate
1 Category A--Single family residential user (Either flat
rate or metered dater use )
2 Category B--Duplex (two family) residential user (Eitner
flat rate or metered water use )
3 Category C-41ultiple-family residential user (More tnan
two living units )
4 Category D--Minor non-residential user A minor nonresi-
dential user is a user who discharges only wastes of a type and strength
normally discharged by private residences All non-residential users not
subject to the provision of Categories E and F shall be classed as minor
non-residential users, Category D
5 Category E--Intermediate non-residential users An inter-
mediate non-residential user is a user listed in Divisions A, B, D, E, and
I of the SIC Manual who discharges domestic typc wastes with a strengtn in
excess of any of the following parameters
COD greater than 300 mg/1
5-Day BUD greater than 200 mg/1
TSS concentration greater than 250 mg/1
6 Category F--All users who have been issued industrial
wastewater discharge permits (major non-residential )
7 Category G--Users outside the City limits
8 Category H--Special Users in this category shall include
those with whom the City has negotiated agreements to provide wastewater
collection and/or treatment Users in this category may be required to
obtain an industrial wastewater discharge permit
-23-
d Surcharges
1 Users shall be subject to a surcharge for excessive BOD,
-COD, and TSS, as provided in Schedule C, and for service outside City
boundaries
2 The base rate for Categories E and F shall be determined by
using the same formula as for Categories C and D However, in addition to
the base rate, intermediate and major non-residential users shall pay a
surcharge for wastewaters of excessive strength The Director shall , based
upon the amenability of the discharge to testing, select one of the follow-
ing formulas to be utilized in establishing the surcharge
(a) Cs = Vu [Bc(B) + Sc(S)] or
(b) Cs = Vu [CODc(COD) + Sc(S)]
Cs = User' s surcharge for wastewaters of excessive
strength per billing period
Vu = Volume of water used per billing period
Bc = Cost of service for treatment of a unit of BOD
B = Concentration of BOD from a user in excess of
200 mg/1
Sc = Cost of service for treatment of a unit of TSS
S = Concentration of TSS from a user in excess of 250
mg/1
CODc = Cost of service for treatment of a unit of COD
COD = Concentration of COD from a user in excess of 300
mg/1
3 The average concentration values for various categories
are listed in Schedule C The Director shall determine values for other
categories as needed, and shall determine the appropriate category for
individual users who may request a change in category and shall submit good
and sufficient evidence to support such change If the Director finds that
the evidence submitted supports the requested change, he shall thereupon
effect such change
-24-
'b Connection F,es
1 Applicants desiring to connect to the POTW shall pay to the
city, through the office of the Director of Finance, a plant investment fee
for each individual service in accordance with the Schedule D Such fee
shell be paid prior to the time that the connection permit is issued Said
fce snall be in addition to all other charges required by this Article
2 A tap fee shall be charged by tyre city to cover the cost
incurred by the city in iiaking a tap on the city sewer lines Such charge
shall include all labor , material and equipment costs , as well as an
administrative charge for processing Such charge shall be billed to the
person or persons taking the permit for that tap
3 In the event a user with an existing tap on the POTW
requires an increase in the size of his tap due to a change in the use of
the property served by said tap, he snall pay an additional plant invest-
ment fee to the extent of the difference between the fee for the existing
tap and the fee for the new tap No refund shall be maJe to any person
decreasing the size of the tap
4 Plant investment fees and tap charges shall be reviewed
annually by the Director and recommendations made to the City Council for
any adjustment
E Discontinuance of Service
Any user desiring to discontinue service shall notify the POTW
in writing of such fact at least 30 days before the date when such service
shall be discontinued Upon giving such written notice, said user shall
not be responsible for bills incurred after the date specified in said
notice Any credit balance in favor of the customer as a result of an
advance payment of bills or a deposit will be refunded upon discontinuance
of service promptly thereafter
IF Restoration of Service
Sewer service shall not be restored until all charges, includ-
ing the expense of termination and charge for restoration of service, shall
have been paid
Collection Procedures
1 Charges - Responsibility of Owner
All fees and charges shall be cliargea'ile against and
payable by the ovner of the premises connected to the POT14
-25-
2 Periodic Billing Statements
( a) The City shall cause billings for wastewater treatment
and/or ,water charges to be rendered periodically at rates established
(b) Billings for charges and any other notices shall be
effective upon mailing said billing or notice to the last known address of
the user as shown on City records
(c) The service charges provided in this Article shall be
billed and paid in full with the water bill Acceptance of partial payment
shall not be deemed to constitute a waiver of the City' s right to collect
any remaining balance
(d) The minimum charge for sewer users will be prorated on
the basis of actual number of days served when service is instituted or
terminated on other than the beginning or ending day of the billing period
(e) The charges are not applicable during the original
construction period of the building or structure to be served At the
time a certificate of occupancy is issued for the building or structure,
the charges will begin to be assessed, and will continue until the water
service is discontinued
3 Delinquency and Collection
( a) Fees and charges levied in accordance with this Section
shall be a debt due to the City If this debt is not paid within 30 days
after billing, it shall , at the City's option, be deemed delinquent and
subject to penalties and may be recovered by civil action, or the POTW
shall have the right to terminate sewer service and enter upon private
property for accomplishing such purpose, or pursue any available remedy
hereunder
(b) No person shall be permitted to use water from the
water utility if the sewer charges provided for in this section have not
been paid
(c) If any user fails to comply with the rules and regula-
tions of the City regarding the wastewater utility or uses his service for
purposes not authorized, the City may discontinue or disconnect the sewer
service until the user is in compliance with said rules and regulations
Any user so disconncected shall be liable for all expenses incurred by the
City in the disconnection and reconnection of the sewer service
(d) All sewer charges shall be a lien upon the property to
which sewers are connected from the date said charges become due until said
charges are paid The owner of every structure or premise shall be liable
-26- `
for all sewer charges for uses on his premises, which lien or liability may
be enforced by the City by action at law to enforce the lien In case the
tenant in possession of any premises -shall -pay the sewer charges, it shall
relieve the landowner from such obligations and lien, but the City shall
not be required to seek payment from any person whomsoever other than the
owner for the payment of sewer charges No change of ownership or occupa-
tion shall affect the application of this section, and the failure of any
owner to discover that he purchased property against which a lien for sewer
service exists shall in no way affect his liability for such payment in
full Said delinquent payments, and the lien created thereby, shall be
enforced by assessment upon the property and premises so served and certi-
fication thereof to the County Treasurer for collection as provided in this
Code
-27-
§112-70 SERVICE IINES CONNECTIONS AND REPAIRS
A Buildings to have Separate Connections
Each property shall be served by its own service line, and no
connection shall be made by extending the service from one property to
another property Each separate building shall have a separate service
line
B Reuse of Service Lines
Service lines may be reused in connection with new build-
ings only when they are found to meet all requirements herein, and solely
at the risk of the user , otherwise, such lines shall be plugged at the
user' s expense upon discontinuance of service The plug in such lines
roust be inspected and approved ano a plan review and inspection fee will be
charged by the POTW
C Design and Construction
The size, slope, alignment, and materials of construction of a
private sewer, and the methods to be used in excavating, placing of pipe,
,jointing, testing, and backfilling the trench and all other work shall
conform to the requirements of the building and plumbing code or other
applicable codes , laws , rules and regulations of federal , state, and
local entities In the event of a conflict, the rules and requlations
promulgated by the Director shall control
D Servvice Line Elevation
In all structures where the elevation is too low to permit
gravity flow to the public sewer, sanitary sewage discharge from such
structure shall be lifted and discharyed to the sewer by a City approved
facility which shall be and operated and maintained by the user
E Installation and idaintenance
1 All costs and expenses incidental to the installation
and connection of the service line shall be borne by the applicant who
shall retain or employ a licensed contractor or plumber to rnake connection
to and install a service line
2 The City may install service lines from the public sewer
to the property to be served upon payi1ent of the proper fee by the property
owner, except as provided hereafter for subdivisions
3 The service line fi on the property line to the structure
-28-
to be served shall be installed by the property owner at his expense The
owner shall hold the City harmless from any loss or damage that may di-
rectly or indirectly be occasioned by the installation of the service line
or the-malfunction of any service line
4 The owner of any property connecting to the POTW shall be
responsible for the maintenance of the service line from the public sewer
to the structure to be served The owner shall keep the service line
for which he is responsible in good condition and shall replace at his
expense any portions thereof which, in the opinion of the Director, have
become damaged or disintegrated as to be unfit for further use, or is in
such condition to permit infiltration into the system All repairs shall
be completed within 30 days after notification The owner shall be re-
sponsible for returning the public right-of-way and the street to accept-
able City standards In the event that the owner shall fail or refuse to
so complete the repairs, the Director may cause the repairs to be completed
and charge the owner for the costs thereof All such charges shall be
collected as debts due to the City in accordance with the provisions
contained in Section 112-69 (VII) (C) of the Code
5 If the user desires to disconnect his premises, he shall
not be permitted to take up that portion of the service line between the
main and the property line, but at his expense the sewer service from the
property line to the premises shall be dug up, cut and tightly capped
and all of the service line from the main to such cap shall remain in the
ground and remain the property of the City New services to replace
existing services shall not be approved by the City until old service lines
are dug up and properly capped Such cap shall be sufficiently tight to
prevent the escaping of sewer gas or the infiltration of water
F Connection Requirement
1 The applicant for the service line permit shall notify
the Director when the service line is ready for inspection and connection
to the public sewer The connection shall be made under the supervision of
the Director or his representative
2 The owner of any structure used for human occupancy,
employment or activity, situate within the City may be required at such
owner' s expense to connect such structure to a public sewer, if a such
public sewer is within 100 feet of the property line of the property upon
which the structure is located Such connection shall be made within 90
days after notice from the Director is served on the owner of the property
affected, provided, however, that in the event compliance with this section
causes severe economic hardship to said person, he may apply to the City
for exemption from this section Such applications shall state in detail
the circumstances which are claimed to cause such economic hardship Such
exemptions shall only be granted to residential users, shall not apply to
other users, and shall be granted only for such time as the demonstrated
hardship exists
-29-
3 If a public sewer is not available within 100 feet of the
property line of the property upon which a house or building is located, a
private sewage disposal system shall be constructed in accordance with
applicable regulations of the Health Department
4 In cases where a public sewer was not previously available
within 100 feet of the property line of a property but a-public sewer later
becomes available within such distance, the owner may be required to
connect with the public sewer as provided in part B above In such event,
after the connection is completed the private sewage disposal system shall
be emptied, cleaned and filled with sand or dirt
5 It shall be unlawful for any person to deposit or dis-
charge, or to cause to be deposited or discharged , to any wastewater
collection facilities, any solid or liquid waste unless through a connec-
tion approved by the City
-30-
-§112-71 CONSTRUCTION, CONNECTION AND REPAIR PERi4ITS
-A Permit Required
No person shall commence or carry on the,work of laying,
repairing, altering, or connecting any service line, directly or in-
directly, to the POTW, without first having received all permits required
by this Code
B Application for Permits
Application for permits for sewer connections must be made in
writing by a licensed and bonded contractor or plumber, on an application
form furnished by the City If in the judgement of the Director the
carrying out of such connection will cause no injury to the street in wnich
the public sewer is laid, or to the carrying out of improvements projected,
or which may thereafter be made on said street, or prejudicial to the
interest of persons whose property has been or may thereafter be connected
with said sewer and that said connection in all things shall conform to the
requirements of the City, then the application to connect with the sewer
shall be granted, subject to the provisions of this Article All sewer
connections shall be to line and grade prior approved by the Director, in
conformance with the rules and regulations of the City and upon payment of
the required fees The permit application shall contain the name of the
property owner, address of the owner, description of the property, address
of the property, the size of the sewer tap desired and such other informa-
tion as the City shall deem necessary The permit shall be signed and
dated by the person or persons authorized by the Director to issue such
permits
C Permits Must be Procured Before Starting Work
If any work requiring a permit is commenced without a permit
first having been obtained therefor, the Director may immediately issue a
stop work order until the proper permits are obtained,and such an offender
shall pay any additional penalties as determined and established by the
Director
D Failure to Remedy Defective Work
No further permits shall be issued to any licensed and bonded
contractor or plumber who has failed to promptly and satisfactorily remedy
defective work, after having been notified in writing by the Director
E Permit Not Transferable
No contractor or plumber shall use or allow his license
to be used in any way for the purpose of procuring a permit for any person
-31-
other than himself, or his authorized representative The liven Ed and
bonded contractor or plumber shall be responsible for any and all gork done
pursuant to the issuance of any permit specified hereunder, regardless of
whether the work is actually done by said contractor or his authorized
represEntatr�c
F Revocation of Permit
The Director may, at any time, revoke a permit because of
defective work which has not been corrected promptly after receipt of
mitten notice or because of failure to complete any work within the time
limit specified in the permit
G Permit Not to Issue Until Special Sewer Assessment is Paid
1 No perinrt for a serer connection shall be issued until the
Division has been paid any required PIF in addition to the tap fee
2 The Director shall maintain a record of the payment
of the said fees, together with survey plats indicating the real property
within the City for which said sewer fees have been paid, which records
shall be open to public inspection during regular hours of the Division
-32-
§112-72 SUBDIVISIONS AND DEVELOPMENTS
A Approval Required Before Recordation
All persons, contractors, builders, operators , subdividers
and developers shall comply with the code, Colorado Site Application
Procedures, and rules and regulations of the City for written approval of
any proposed wastewater collection facilities for mobile home parks ,
planned unit developments, subdivisons, or other developments prior to
recordation of plats and shall pay all required fees
B Sewers
1 Except as otherwise provided in this article, a developer
shall install at his expense all mains, service lines, and other appurten-
ances to, in and through his development The plans and specifications
for the installation of mains, service lines and other appurtenances shall
be a part of the utility plan submitted for approval to the City and such
facilities shall be installed in accordance with the approved plans and
specifications Approval by the City of any plans and specifications
submitted shall be revocable upon a finding that such plans and specifica-
tions are insufficient for the purposes intended and the City shall incur
no liability for such revocation
2 No permits shall be required of the developer for instal-
lation of mains and service lines in his development At the time a
service is activated, a permit for service shall be required
3 Mains shall be extended to the furthest point or points
upgrade of the property to be served when in the opinion of the Director
such extension is desirable to provide for future extensions of the waste-
water system
-33-
§112-13 PUiiP STATIONS AND FOPCC iiANS
A Pumping Station Areas
The City is hereby authorized to cause surveys or engineering
studies to be made for the purpose of determining those areas eitner within
or without the City which jould require the installation and operation of
pu^ping stations The pumping station areas may include areas outside
the City which might, by annexation, becone a part of the City or which
might require sewer services from the City for the purpose of preserving
the health and welfare of residents adjacent to said areas
D Construction of Pumpinq Stations and Force Mains
1 Pumping stations shall be of such size as the Director may
dEtermine necessary to provide pumping to an entire area even though
pending applications involve only a portion of such pumping station area
Where such larger capacity is required, the additional cost may be paid by
the City, and thereafter collected from other property owners or subdi-
viders connecting to lines served by the pumping stations Such charges
shall be paid at the time any additional connections are made All pumping
stations shall be planned, designed and constructed in accordance witn
applicable state laws
2 Pumping stations and force mains required to serve an area
not otherwise able to enter the POTW shall , except for oversizing as above
provided, be constructed entirely at the expense of the owners of the
property to be served thereby
3 In those instances where pumping stations and force mains
are required, the wastewater system shall be designed where possible so as
to permit an eventual connection into a gravity system with a minimum of
expense Where practicable, easements shall be provided and lines con-
structed to tie into the gravity system The City may require deposits
from the property owners requiring said force system, where seemed neces-
sary, to pay for the eventual construction of gravity lines
C Property of POTW
Regardless of the manner in which construction of the pumping
station has been achieved, whether by direct action upon the part of the
Division or by action of any applicant , the pumping station shall be
deemed the property of the City
-34-
-§112-74 PUBLIC SEWER CONSTRUCTION
A Rules and Regulations
The Director is hereby authorized to promulgate rules and
regulations establishing standard specifications governing the depth, size,
slope, alignment, materials or construction of sewer lines and methods to
be used in the excavating, placing of the pipe, jointing, testing, and
backfilling the trench, and such other technical specifications as may
apply to the sanitary sewer utility Such rules and regulations shall be
presented to the City Council for its approval and after approval by the
City Council by resolution, the same shall be in full force and effect and
a violation of such rules and regulations shall be a violation of this
chapter The Director may amend such rules and regulations, provided that
such amendments shall be presented to and approved by the City Council by
resolution before the same become effective A copy of the current rules
and regulations shall remain on file in the office of the City Clerk
B Construction
The actual construction of the public sewer shall be conducted
by a contractor properly licensed in the State of Colorado and approved by
the Director
C Maintenance
All public sewers, except service lines, shall be maintained
by the Division
D Inspection and Approval
All phases of the public sewer construction shall be inspected
and approved by the Director in accordance with the provisions of this
Article
E Public Sewer Extensions
1 When the City extends a public sewer line as a system
improvement at City expense, the City may require property owners to pay
their share of the cost of such line before connecting to the line The
amount to be charged shall be based upon the amount of connecting property
fronting upon the public sewer or some other basis established or approved
by the City Council and shall be based upon the original construction cost
of the public sewer and the method of assessment shall be established at
the time the installation of the line is authorized
-35-
2 If a public sever is installed through an improvement
disLrict, the City may pay the cost attributable to any property hrch
cannot be assessed its full share of the cost of -the line the owner of
such property subsequently see,. ing connection to thr public sewer shall
reinbursf the City for said property' s shay e of the amount previously paid
by the City
3 The existence of service. lines connected to the PON
shall not affect the assessubility of the property for severs constructed
by the City or sewers constructed by others in accordance with City speci-
fications Wnen private mains are replaced by City mains, no credit shall
be alloved for the existing private mains
4 Before any street or alley is paved, the City shall cause
the .wastewater system to be extended as it dEems necessary, whether
immediate use thereof is required or not Such service lines as desired by
abutting property owners or as deemed appropriate by the Director shall be
installed from the public sewer to the property line of abutting property
Until activated, service lines shall be tightly capped to prevent the
escape of sewer gas or the infiltration of water A permit shall not be
required for such service lines until such time as application is made to
connect and activate a service line, at r,hich time, the applicant shall pay
all plant investment fees and tap charges as provided in this Article
5 The City may pay a portion of the cost of extending serer
mains if the City requires that a nain be installed larger than that
necessary to serve the property to which the main is extended The City
i4anager shall promulgate rules and regulations setting forth the method of
determining the portion of the cost of main extension to be borne by the
City, which regulations shall be submitted to the City Council for approval
6 When any person constructs a sewer line through undeveloped
area to serve his property, or constructs lines on the perimeter of his
property, the entire cost of such sewer lines shall be paid by such person
If he has furnished the City a recapitulation of the construction costs,
and has entered into an agreement with the City within 90 days of the
completion of such sewer lines, then, at the time the property abutting
such sewer line is developed and connections are made, the City may collect
a charge per front-foot based upon the original construction cost, and if
so collected shall reimburse the original installer to the extent of the
collection so made, provided, however, that in no event shall such reim-
bursement exceed the original cost of the extension A person' s right to
reimbursement under the provisions of the section shall not exceed a period
of 10 years from execution of the agreement unless the City Council shall
approve an agreement for a period exceeding 10 years
-36-
§112-75 WASTEWATER DISCHARGE PERMITS
A Wastewater Discharger
1 There shall be no discharge of wastewater into the PON, or
in any area under the jurisdiction of said POTW, without a wastewater
discharge permit (except as authorized by the Director in accordance with
the provisions hereof)
2 Permit Issuance
The Director shall issue a wastewater discharge Permit to
the applicant if lie finds that all of the following conditions are met
( a) The proposed discharge is in compliance with the
prohibitions and limitations in Section 112-68 of this Article,
(b) The proposed discharge could permit the normal and
efficient operation of the wastewater treatment system and
(c) The proposed discharge would not result in a violation
by the City of the terms and conditions of its HPDES permit
3 Permit Denial
In the event an application for a Wastewater Discharge
Permit is denied, the Director shall notify the applicant in writing of
such denial Such notification shall state the grounds for such denial
with that degree of specificity which will inform the applicant of the
measures or actions which must be taken by the applicant prior to issuance
of a permit
-37-
-b General Permits
1 A General Perini for a singles residenLral user shall remain
in effect until terminated by the City
1 All users proposing to connect to the wastewater system
shall obtain a General Permit before connection to and/or discharging to
the system Users shall complete and file with the Director an application
in the form prescribed by the City and accompanied by a fee as set forth in
Schedule B In support of the application, the user shall submit, in units
and terms appropriate for evaluation, the following information
(a) Name, address and location of discharge ( if different
from the address)
( b) SIC nunber according to the Standard Industrial
Classification Manual , Bureau of the Budget, 1972, as amended
(c) Time(s) and duration of discharge
(d) Site plans , floor plans , mechanical and plumbing
plans and details to shoo all sewers, connections, and appurtenances
by size, location and elevation If deemed necessary by the City such
plans shall provide for separate systems for handling sanitary and indus-
trial wastewater
(e) Description of activities, facilities and plant
processes on the premises, including all materials which are or could be
discharged
(f) Number of employees and hours of work
(g) Any other information deemed by the Director to be
necessary to evaluate the permit application
C Industrial Permits
1 The Director rndy also require a significant industrial user
to obtain an Industrial Permit If so required, all existing significant
industrial users shall apply for an Industrial Permit prior to April 1 ,
1982, and proposed new significant industrial users shall apply at least 90
days prior to connecting to or contributing to the POTW Users shall
complete and file with the Director an application in the form prescribed
by the City and accompanied by a fee as may be required, containing infor-
mation, in addition to that required for a General Permit, in units and
terms appropriate for evaluation, as follows
-38-
( a) Wastewater quantity and quality Quality characteris-
tics include, but are not limited to, those mentioned in Section 112-68
of this Article as determined by a reliable analytical laboratory, sampling
and analysis shall be performed in accordance with procedures established
by the EPA pursuant to Section 304 (h) of the Act and contained in 40 CFR,
Part 136, as amended,
(b) Average daily and 30 minute peak wastewater flow rates,
including daily, monthly and seasonal variations, if any
(c) Where known, the quantity and specific nature of any
pollutants in the discharge which are limited by any pretreatment stan-
dards, and a statement regarding whether or not the pretreatment standards
are being met on a consistent basis, and, if not, whether a additional 0&M
and/or additional pretreatment is required for the user to meet applicable
pretreatment standards
(d) Written description and diagram of existing pretreat-
ment equipment, if any, including but not limited to treatment processes,
treatment tank dimensions and retention time, chemical supplies, operating
personnel and certification, and plumbing diagram of treatment system
(e) If additional pretreatment and/or 0 & M will be re-
quired to meet the pretreatment standards, the schedule by which the user
will provide such additional pretreatment The completion date in this
schedule shall not be later than the compliance date established for the
application pretreatment requirements The following conditions shall
apply to this schedule
(1) The schedule shall contain increments of progress
specifying dates for the commencement and comple-
tion of major events leading to the construc-
tion and operation of additional pretreatment
required for the User to meet the applicable
pretreatment requirements No increment shall
exceed 9 months
(2) Not later than 10 working days following each date
in the schedule and the final date for compliance,
the user shall submit a progress report to the
Director including, as a minimum, whetner or not
the user 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 pro-
gress, the reason for delay, and the steps being
taken by the user to return the construction to the
schedule established
-39-
(f) Any other information deemed by the Director to be
neeu tiary to evaluate the permit dpplication
2 Permit hodifications
Upon enactment of a NCPS and within the time prescribed
thereby, the Industrial Permit of users subject to such standards shall be
revised to require compliance therewith khere a user , subject to a NCPS,
has not previously submitted an application for a Permit, the user shall
apply for a Permit within 30 days after notice of the enactment of the
applicable NCPS The user vith an existing Wastewater Discharge Permit
shall submit to the Director within 30 days after such notice, the informa-
tion required pursuant to this Section The terms and conditions of
the Permit shall be subject to modification by the POTW during the term of
the Permit as limitations or requirements are modified or other just cause
exists Any changes or new conditions in the Permit shall include a
reasonable time schedule for compliance, as determined by the Director
3 Permit Conditions
Permits shall be expressly Subject to all provisions of
this Article and all other applicable regulations, user charges and fees
established by the City Permits may contain, but are not limited to, the
following
( a) The unit charge or schedule of user charges and fees
for the wastewater to be discharged to the system
(b) Limits on the average and maximum mass and/or concen-
tration of wastewater constituents and characteristics
(c) Limits on average and maximum rate and time of dis-
charge or requirements for flow regulations and equalizations
(d) Requirements for installation and maintenance of
inspection and sampling facilities
(e) Specifications for monitoring programs which may
include sampling locations, frequency of sampling, number, types and
standards for tests and reporting schedule
(f) Compliance schedules
(g) Requirements for submission of technical reports or
discharge reports
(h) Requirements for maintaining and retaining plant
rcrords relating to wastewater discharge as specified by the City, and
cffording City access tnereto
-40-
( �) Requirements for notification of the City of any new
introduction of wastewater constitutents or any substantial change ,in the
volume or character of the -wastewater constituents being introduced into
the wastewater treatment system
(j ) Daily average and daily maximum discharge rates ,
or other appropriate conditions, when substances subject to limitation and
prohibition are proposed or present in the user' s wastewater discharge
( k) Requirements for notification of slug discharges
(1 ) Requirements for separate systems to handle sanitary
and industrial wastewater, such that in the event that the user' s indus-
trial wastewater is or could cause an interference or a potential inter-
ference with the POTW, that the industrial wastewater could be severed,
preventing discharge into the POTW and still allowing the user' s sanitary
wastewater to discharge into the POTW
(m) Other conditions as deemed appropriate by the City
(n) In the event the type or volume of material from the
property for which a discharge permit was previously granted shall materi-
ally and substantially change as determined by the Division, the person
previously granted such permit shall make a new application to the City, in
the same manner and form as originally made
4 Permit Duration
Permits shall be issued for a specified time period, not to
exceed 3 years A permit may be issued for a period less than a year or
may be stated to expire on a specified date The user shall apply for
permit reissuance a minimum of 180 days prior to the expiration of the
user' s existing permit The terms and conditions of the permit may be
subject to modification by the City during the term of the permit as
limitations or requirements are modified or other ,lust cause exists The
user shall be informed of any proposed changes in his permit at least 30
days prior to the effective date of change Any changes or new conditions
in the permit shall include a reasonable time schedule for compliance Any
permit may be cancelled or terminated for failure to comply with the
requirements hereof
5 Permit Transfer Prohibited
Permits are issued to a specific user for a specific
operation A Permit shall not be sold, traded, assigned, transferred, or
sublet
-41-
D Monitoring Facilities
1 Whenever required by the Director , the industrial user
shdll provide, maintain, and operate, at its sole expense, monitoring
equrp,rc.nt and facilities sufficient to allow the safe inspection, sampling
and flow measurements of the private sewer or internal drainage systems
The monitoring facility snould normally be situated on the industrial
user' s premises, but the City may, when such a location would be impract-
ical or cause undue hardship on the industrial user, allow the facility to
be constructed in the public street or sidewalk area and located so that it
will not be obstructed by landscaping or parkcd vehicles Whenever re-
quired by the Director, the owner of any property serviced by a private
sewer carrying non-residential wastewater shall install a monitoring
manholt for each separate discnarge to the public sewer in accordance with
plans and specifications approved by the Director The decision to
require installation of sanpling equipment will consider factors such as
sampling frequency, parameters, economics, and physical limitations of the
plant site
2 There shall be ample room in or near such monitoring
manhole or facility to allow accurate sampling and preparation of samples
for analysis and such manhole shall be safely, easily and independently
accessible to authorized representatives of the POTW during normal business
hours
3 Whether constructed on public or private property, the
samplinq and monitoring equipment and facilities shall be provided in
accordance with the POTW' s requirements and all applicable local construc-
tion standards and specifications Construction shall be completed witnin
60 days following written notification by the Director
(a) Each monitoring manhole shall contain a Palmer-Qowlus
flume or similar device approved by the Director with a recording and
totalizing register for measurement of the liquid quantity At the
discretion of the Director the metered water supply to the industrial plant
(or a measurable adjustment thereof) may be used to determine the liquid
waste quantity
( b) Samples shall be taken and properly preserved in
accordance with Standard Methods and shall be a representative 24 hour
sample Such samp ing sha be done as prescribed by the Director to
ensure representative quantities for the entire reporting period
(c) The frequency of sampling, monitoring manhole, metering
device, sanpling methods and analysis of samples shall be subject, at any
time, to inspection and verification
-42-
(d) All metering and sample collection shall be done-by the
industrial user and a split flow sample shall be delivered to the POTW
laboratory for optional analysis
(e) The industrial user shall be required to analyze the
sample in accordance with the requirements established in the Permit All
testing shall be at the expense of the industrial user
4 The Director may require that the monitoring equipment be
installed in a separate enclosure
E Inspection
1 The Director or his representatives may inspect the -equip-
ment and facilities of any user at any time during normal business hours to
ascertain compliance with applicable ordinances, rules and regulations
Persons or occupants of premises where wastewater is created or discharged
shall allow the Director or his representatives ready access to the prem-
ises for the purpose of inspection, sampling and records examination
The POTW shall have the right to set up on the user' s property such devices
as are necessary to conduct sampling, inspection, compliance monitoring
and/or metering operations Where a user has security measures in force
which would require proper identification and clearance before entry into
their premises, the user shall make necessary arrangements with their
security guards so that upon presentation of suitable identification,
personnel from the POTW will be permitted to enter without delay for the
purposes of performing their specific responsibilities
2 While performing the necessary work on private properties,
the Director or duly authorized employee of the City shall observe all
security and safety rules applicable to the premises as established by the
business
F Failure to Permit Inspection
In the event a duly authorized officer or agent of the POTW is
refused admission, the Director may cause sewer service to the premises in
question to be discontinued until the POTW agents have been afforded
reasonable access to the premises and sewer systprr to accomplish the
inspection and/or sampling
G Sampling
All measurements, tests, and analyses of the characteristics of
water and wastes to which reference is made herein shall be determined in
accordance with Standard Methods In the event that no -perial facility
has been required, the point of inspection shall be cons deed to be the
downstream manhole in the public sewer nearest to the point at which the
building sewer is connected to the public sewer
-43-
H HisceIIaneous Provisions
1 Information and data on an industrial user obtained from
reports, questionnaires , permit application, permits and monitoring pro-
grams and from inspections shall be available to the public or other
governmental agency 4rthout restriction unless the user specifically
requests and is able to de,llonSLrate 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 of such
user When requested by such user furnishing a report, 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
upon mitten request to governmental agencies for uses related hereto, the
NPDES Permit, and/or the pretreatment requirements, provided, however, ' hat
such portions of a report shall be available for use by the State or any
state agency in ,judicial review or enforcement proceedings involving the
user furnishing the report Information accepted by the City as confiden-
tial , shall not be transnitted to any governmental agency by the City until
and unless a 10-day written notification is given to the user by certified
mail or personal service
2 The City shall annually, on the 31st da) of December,
publish in a newspaper of general circulation within the boundaries of the
City, a list of the significant violators during the 12 previous months,
which list shall also summarize any enforcement actions taken
3 Any user has the option to contract with the City or any
private entity to provide such services as deemed necessary, including but
not necessarily limited to the following
( a) Monitoring Equipment
(b) Inspection and Sampling
(c) Laboratory Analysis
-44-
§112-76 ENFORCEMENT `AND PENALTIES
A Enforcement Authority
The Director may adopt procedures and rules for implemen-
tation and administration of this Article and shall enforce the,provisions
contained herein
B Notification of Violation
Whenever the Director finds that any person has violated or is
violating this Article, or any prohibition limitation or requirement
contained herein, he may serve upon such person a written notice stating
the nature of the violation and providing a reasonable time, not to exceed
30 days, for the satisfactory correction thereof A meeting with the
Director may be scheduled at the request of the violator or the Director to
discuss the violation and/or satisfactory correction schedule
C Methods of Notification
Any notification required herein shall be served either
personally or by registered or certified mail
D Suspension of Service
The City may suspend the wastewater treatment service and/or a
Wastewater Discharge Permit when such suspension is necessary, in the
opinion of the Director in order to stop an actual or threatened discharge
which presents or may present an imminent or substantial endangerment to
the health or welfare of persons, to the environment, causes interference
to the POTW, or causes the POTW to violate any condition of its NPDES
Permit The City may suspend or cause to be suspended wastewater treatment
service to any user for a violation of any provisions herein
Any person notified of suspension of the wastewater treatment
service and/or the Wastewater Discharge Permit shall immediately stop or
eliminate the discharge In the event of a failure of the user to comply
voluntarily with the suspension order, the Director may take such steps as
deemed necessary, including immediate severance of the sewer connection, to
prevent or minimize damage to the POTW or endangerment to any individuals
The Director shall reinstate the Wastewater Discharge Permit and/or the
wastewater treatment service upon proof of the elimination of the non-
complying discharge The user shall pay all POTW costs and expenses for
any such suspension and restoration of service A detailed written state-
ment submitted by the user describing the causes of the harmful contribu-
tion and the measures taken to prevent any future occurrence shall be
submitted to the Director within 15 working days of the date of occurrence
-45-
E Permit Revocation
A user 15 Subject to having his permit revoled for vroldLion
of applicable state and federal regulations or commission of any of the
following
1 Failure to factually report the wastewater constituents
and characteristics of its discharges,
2 Failure to report significant changes in operations, or
wastewater constituents and characteristics,
3 Refusal of reasonable access to the user ' s premises for
the purpose of inspection or monitoring,
4 Violation of cond tions of the permit,
5 Failure to pay any fees or charges,
6 Tampering with, disrupting, or destroying City equipment
as determined by the Director, which determination shall be conclusive,
pollutant, 7 Failure to report an accidental discharge of a toxic
Fl Violations of conditions of the permit
F Legal Action Authorized
If any user discharges into the PON contrary to the provi-
sions of this Article, Federal or State Pretreatment Requirements, or any
order of tire City, the City Attorney may commence an action for appropriate
legal and/or equitable relief, including a petition in a Court of competent
jurisdiction for a terriporary restraining order, preliminary and permanent
injunction against the violation
G Civil Liability for Expenses
Any person violating the provisions herein shall be liable for
any expense, loss or damage caused the City by reason of such violation,
including the increased costs, if any, for managing effluent and/or sludge,
when such increases are the result of the user' s discharge of toxic pollu-
tants The Director shall add such charge to the discharger' s treatment
charge
FI Civil Fine Pass Through
In the event that a user discharges such pollutants which
causf the City to violate any conditon of its idPDES Permit and the City is
-46-
fined by EPA or the State for such violation, then such user shall be fully
liable for the total amount of such fine
I Criminal Penalty and Fines
Any person who violates the provisions of this article shall
be subject to penalties as provided in section 1-23 of this Code
J Additional Penalties
In addition to the penalties provided herein, the City may
recover reasonable attorney's fees, court costs, court reporters ' fees,
and other expenses of litigation by appropriate legal action against the
user found to have violated any provision herein, or the orders, rules,
regulations, and permits issued hereunder
K Appeal Procedure and Order
1 Any permit applicant, permit holder, or other user af-
fected by any decision, action, or determination, including cease and
desist orders, made by the City in interpreting or implementing the provi-
sions herein, or any permit issued hereunder, may file with the Director a
written request for reconsideration within 10 working days of such deci-
sion, action, or determination, setting forth in detail the facts support-
ing the request, whereupon the Director shall hold a hearing The request
for reconsideration shall be acted upon by the Director within 10 working
days from the date of filing The decision, action or determination shall
remain in effect during such period of review by the Director
2 If the decision of the Director is unsatisfactory to the
person appealing, he may file a written appeal to the City Council within
10 working days after receipt of the decision The City Council may hear
the appeal and shall make a final ruling on the appeal within 35 days of
receipt of the user's written appeal The decision, action or determina-
tion of the Director shall remain in effect during such period of review
by the City Council After the City Council has reviewed the evidence, it
shall affirm, reverse or modify the decision of the Director, and issue
such further orders and directives as are necessary and appropriate
The decision of the City Council shall be binding on all entities and the
user until and unless ruled otherwise by an appropriate court
L Falsifying Information
Any user who knowingly makes false statements, representations
or certifications in any application, record, report, plan or other docu-
ment filed or required to be maintained pursuant hereto, or wastewater
discharge permit, or who falsifies tampers with, or knowingly renders
inaccurate any monitoring device or method required herein commits a
misdemeanor and shall, upon conviction, be punished in accordance with
Section 1-23 of this Code
-47-
Maximum Concentration, m /1
Pollutant or PollutantyProperty GrabSample omposrte ample
Fluorides ( as F) 25 0 10 0
Iron, Total ( as Fe) 37 5 15 0
Lead, Total ( as Pb) 0 63 0 25
Lindane (1, 2, 3, 4, 5, 6 - hexa-
chlorocyclohexane gamma isomer) 0 005 0 002
Manganese, Total ( as Mn) 1 0 -0 4
Mercury, Total ( as Hg) 0 063 0 025
Methoxychlor (1, 1 , 1 - Trichloroethane)
2,2 - bis (p - methoxyphenyl ) 0 015 -0 006
Nickel , Total ( as Ni) 12 5 5 0
Nitrogen, Ammonia as N 125 0 50 0
TKN ( as N) 125 0 50 0
Nitrate ( as N) 25 0 10 0
Nitrite (as N) 2 5 1 0
Oil & Grease (FOG) 187 5 75 0
Organic Solvents 50 0 12 5
PCB, Total 0 0005 0 0002
pH, minimum >6 0 --
maximum <9 0 -
Phenol , Total 5 0 -1 0
Phosphate, Total ( as P) 25 0 10 0
Selenium, Total ( as Se) 0 125 0 05
Silver, Total ( as Ag) 0 63 0 25
Solids, Dissolved 3125 1250
-49-
SECTION 112-77
SCHEDULES
SCHEDULE A (LIMITATIONS ON DISCHARGE)
Maximum Concentration, 1111
Pollutant or Pollutant Property Grab Sample Composite Sample
Aluminum, Soluble (as A1 ) 10 0 4 0
Arsenic, Total (as As) 0 63 0 25
Barium, Total (as Ba) 5 0 2 0
Beryllium, Total ( as Be) 1 0 0 4
Boron, Total (as Bo) 2 5 1 0
Cadmium, Total (as Cd) 0 125 0 05
Chlorinated Hydrocarbons including
but not limited to Pesticides,
Herbicides & Algaecides 0 2 0 08
Chromium, Hexavalent (as Cr +6) 0 625 0 25
Total (as Cr) 6 0 2 4
Color 30 -
Conductivity (umhos) 3125 1250
Copper, Total (as Cu) 2 5 1 0
Cyanide, Amenable to Chlorination (Free) 2 5 1 0
Total (as CN) 5 0 2 0
Endrin ( 1, 2, 3, 4, 10, 10 -
hexachloro - 6, 7 - epoxy - 1,
4, 4a, 5, 6, 7, 8, 8a - octahydro -
1, 4 - endo, endo - 5, 8 - di methano
naphthalene) 0 002 0 0008
Formaldehyde 5 0 1 0
-48-
Maximum Concentration, mg/1
Pollutant or Pollutant Property Grab Sample Composite Sample
Temperature C (Celcius) 65 5
Toxaphene (Clo H10 C18 - technical
chlorinated camphene, 67-60
chlorine) 0 0025 0 0010
Turbidity (FTII' s) 60 -
Zinc, Total ( as Zn) 5 0 2 0
2, 4-D (2, 4 - Dichlorophenoxy
Acetic Acid) Not allowed Not allowed
2 , 4 , 5 - TP Silvex (2, 4, 5 -
Trichlorophenoxy propiDnic acid) Not allowed Not allowed
-50-
o
SCHEDULE B (CHARGES`& FEES)
1 Char yes
Mont hIy
Customer Category _ Users Charge
A $ 878
B J14 30
C SO 77 per 1000 gallon w/minimurn of
$3 25 per living unit served
D $0 77 per 1000 gallons w/minimum
charge as follows
Meter Size Monthly Charge
3/4" $ 3 25
1 4 32
1-1/2 7 57
2 13 00
3 27 08
4 43 33
6 97 54
E Same as D plus surcharge
(see Schedule C)
F Same as E or as determined by monitoring,
Plus industrial permit fees
G 1-1/2 times D (the 112 represents
capital investment recovery)
H Negotiated
2 Fees
Item - Description Amount
Wastewater Discharge Permits -
Administration $50 00 annually
Surveillance Determined for each user
annually, billed monthly
Laboratory Support Services Obtain from POTW Laboratory
Materials and Labor Provided by City Cost plus 157
Miscellaneous Fees Obtain from Water & Sewer Utility
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Y
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p �v
SCHEDULE C (SURCHARGF )
1 Chat cges
Paraneter Excess Over Pate per 1000 Gallons
BOD 200 mg/l $0 0003619
COD 300 mg/l 0 0002413
TSS 250 mg/l 0 0004502
2 Various Categories
`Average Concentrat_i_on for Category /1
Cate og ry __ OD COD TSS
E-1 Meat Packing 848 1,272 846
E-2 Slaughterhouses 1,420 2,130 1,367
E-3 Dairy Products Processing 1,127 1,691 445
E-4 Fruit & Vegetable Canning 537 806 306
E-5 Grain Mills 978 1,467 1,406
E-6 Bakeries 688 1,032 620
E-7 Sugar Processing 395 593 274
E-8 Fats & Oil Processing 403 605 343
E-9 Rendering TdilOW 319 479 140
E-10 Beverage Bottling 536 804 192
E-11 Misc Food Manufacturing 2,961 4,442 563
E-12 Pulp Products 157 236 477
E-13 Inorganic Chemicals 89 134 3,249
E-14 Soap Manufactuting 156 234 230
E-15 Paint Manufacturing 481 722 -1,039
E-16 Ink Manufacturing 412 618 156
E-17 Leather Tanning 2,039 3,059 1,435
E-18 Dtun Cleaning 503 755 974
E-19 Restaurants 820 1,230 905
E-20 Hotels - Motels 310 465 121
E-21 Fast Food Service 400 600 450
E-22 Commercial Laundries 596 894 367
E-23 Laundromats 219 329 87
E-24 Industrial Laundries 1,322 1,983 1,461
E-25 Hospitals 231 347 266
E-26 Service Stations 385 578 30
L-27 Beauty Salons 100 150 100
E-28 Grocery Stores 100 150 25
E-29 Funeral Homes 300 450 275
F-30 Pet Shops, Grooming
& lennels 350 525 350
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C
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Average Concentration For Catego)r7,,m /1
Category BOD CUD TSS �
E-31 Schools (Kitchens for
other schools) 545 818 96
E-32 Car Wash 150 225 350
E-33 Schools (Kitcnen for
school only) 330 495 112
E-34 Domestic Waste (san
strength wastewater ) 200 30u 250
E-35 Service Stations with Recreational
Vehicle Dunping Facility 770 115b 500
E-36 Other categories
*Values to be determined as needEJ by Director
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f � 1
SCHEDULE D (CONNECTION FEES)
Category Plant Investment FEE (PIF)
A $1350
8&C $1350 (for first dwelling unit)
$983 (for each additional dwelling unit)
D, E, F Meter Size
3/4" $ 1359
1 2256
1-1/2 4489
2 7200
3 13,504
4 22 ,533
6 44,829
G Same as equivalent category plus
any special sanitation aistrict
fees
H Negotiated
The schedule above shall become effective on all billings rendered on or
after January 1, 1982, relating to services provided during the month of
December, 1981 , and thereafter
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Introduced, considered favorably on first reading, and ordered pub-
lished this 15th day of December , A D 1981 , and to be presented for
final passage on the 5th day of January A D 1982
Major
ATTEST
222c-c �c�z
'~ City Cler1
(/ Passed and adopted on final reading this 5th day of January
1982
ttayor
A�TT_EST{�_
City Clerk
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