This article sets forth uniform requirements for users of the Publicly Owned Treatment Works (POTW) for the City of Colwich. The objectives of this ordinance are:

(a)   To prevent the introduction of pollutants into the POTW that will interfere with its operation;

(b)   To prevent the introduction of pollutants into the POTW that will pass inadequately treated through the POTW into receiving waters, or otherwise be incompatible with the POTW;

(c)   To protect both the POTW personnel who may be affected by wastewater and sludge in the course of their employment and the general public;

(d)   To promote reuse and recycling of industrial wastewater and sludge from the POTW;

(e)   To provide for fees for the equitable distribution of the cost of operation, maintenance and improvements of the POTW;

(f)   To enable the city to comply with its National Pollutant Discharge Elimination system (NPDES) permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the POTW is subject.

This article shall apply to all users of the POTW. The article provides for the issuance of wastewater permits; provides for monitoring, compliance and enforcement activities, and requires user reporting.

(Ord. 435, Sec. 1; Code 2004)

Except as otherwise provided herein, the officer at the direction of the city council shall administer, implement and enforce the provisions of this article.

(Ord. 435, Sec. 1; Code 2004)

Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows:

(a)   ASTM shall mean the American Society of Testing and Materials or publications thereof.

(b)   BOD (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at 20 degrees C, expressed in milligrams per liter.

(c)   Building Drain shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.

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

(e)   City. The City of Colwich, Kansas.

(f)   Combined Sewer shall be a sewer receiving both surface runoff and sewage. Combined Sewers are not permitted.

(g)   Garbage shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

(h)   Grab Sample. A sample which is taken from the wastestream without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.

(i)    Industrial Wastes shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from normal domestic waste.

(j)    Interference. A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the city’s NPDES permit.

(k)   May is permissive.

(l)    Medical Waste. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, shams, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, mortuary wastes, and dialysis wastes.

(m)  Natural Outlet shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.

(n)   Normal Domestic Waste shall mean normal wastewater for the city in which the average concentration of five day BOD is established at 200 milligrams per liter (200 mg/l); the average concentration of suspended solids is established at 250 milligrams per liter (250 mg/i).

(o)   Officer shall mean officer of water and sewer utilities of Colwich, or authorized deputy, agent, or representative.

(p)   Person shall mean any individual, firm, company, association, society, corporation, or group.

(q)   pH shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

(r)    Properly Shredded Garbage shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than ½ inch in any dimension.

(s)   Publicly Owned Treatment Works or POTW shall mean any city owned devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.

(t)    Public Sewer shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

(u)   Sanitary Sewer shall mean a sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted.

(v)   Sewage shall mean a combination of water-carried wastes from residences, businesses, institutions, and industrial users, together with such ground, surface, and storm waters as may be present.

(w)  Sewage Treatment Plant shall mean that portion of the POTW used for treating sewage.

(x)   Sewer shall mean a pipe or conduit for carrying sewage.

(y)   Shall is mandatory.

(z)   Slug shall mean any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration of flows during normal operation.

(aa) Storm Drain (sometimes termed “storm sewer”) shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

(bb) Suspended Solids shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.

(cc) Uniform Plumbing Code shall mean the latest revision of the Uniform Plumbing Code published by the International Association of Plumbing and Mechanical Officials adopted by the city.

(dd) User shall mean any person who contributes, causes or permits the contribution of sewage into the POTW.

(ee) Watercourse shall mean a channel in which a flow of water occurs, either continuously or intermittently.

(ff)  WPCF. The Water Pollution Control Federation or their publications. (Now designated Water Environment Federation (WEF).

(Ord. 435, Sec. 2; Code 2004)

It shall be unlawful for any person to place, discharge or permit to be discharged in any unsanitary manner on public or private property within the city, or in any area under the jurisdiction of the city, any human or animal excrement, garbage, or other objectionable waste.

(Ord. 435; Sec. 3; Code 2004)

It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article.

(Ord. 435, Sec. 4; Code 2004)

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

(Ord. 435, Sec. 5; Code 2004)

The owner of all houses, buildings, or properties used for human employment, recreation, or other purposes, situated within the city and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sewer, is hereby required at his or her expense to install suitable toilet facilities therein, and to connect such facilities directly to the proper public sewer in accord with provisions of this article, within 90 days after date of official notice to do so, provided that said public sewer is within 100 feet of property line.

(Ord. 435, Sec. 6; Code 2004)

Any sewer lines needed to connect with existing city sewer mains and laterals must conform to city specifications for same. In order to obtain sewer service, the city reserves the privilege of furnishing, at their option, any or all utilities. As a further condition of allowing sewer service for areas outside the city limits, the owners of property served must agree to permit annexation of such properties when such action is deemed necessary by the city.

(Ord. 435, Sec. 7; Code 2004)

A non-city owned device or system used for the treatment or conveyance of sewage that is not connected to a POTW. Such systems include, but are not limited to, septic tanks and lateral fields; cesspools; private lagoons and similar facilities.

(Ord. 435, Sec. 8; Code 2004)

Where a public sewer is not available under provisions of section 15-306 of this article, a building sewer shall be connected to a private sewage disposal system complying with provisions of this article.

(Ord. 435, Sec. 9; Code 2004)

Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the officer. The application for such permit shall be made on a form furnished by the city which the applicant shall supplement with duplicate plans, specifications, and other information as are deemed necessary by the officer. A permit fee shall be paid to the city at the time the application is filed. All charges for review of application and any additional supplemental fees and charges and all costs incidental thereto, shall be paid by the applicant directly to such officer or designee prior to the issuance of a permit.

(Ord. 435, Sec. 10; Code 2004)

A permit for a private sewage disposal system shall become effective until the installation is completed to the satisfaction of the officer. He or she shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the officer when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 48 hours of receipt of notice by the officer.

(Ord. 435, Sec. 11; Code 2004)

The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Kansas Department of Health and Environment, the officer administering this article, and his or her designee, if any. No permit shall be issued for any private sewage, disposal system employing subsurface soil, absorption facilities where the area of the lot is less than one acre (42,560 square feet). No septic tank or cesspool shall be permitted to discharge to any natural outlet.

(Ord. 435, Sec. 12; Code 2004)

At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in section 15-316, a direct connection shall be made to the public sewer in compliance with this article, and any septic tanks, cesspools, private lagoons and similar private sewage disposal facilities shall be abandoned and filled with suitable material. When a public sewer becomes available, a building sewer shall be connected to the sewer within 90 days and private sewage disposal systems shall be cleaned of sludge and filled with clean bank run gravel or other fill material approved by the officer.

(Ord. 435, Sec. 13; Code 2004)

The owner shall operate and maintain any private sewage disposal facilities in a sanitary manner at all times, at no expense to the city.

(Ord. 435, Sec. 14; Code 2004)

No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the County of Sedgwick under its various codes.

(Ord. 435, Sec. 15; Code 2004)

No unauthorized person shall uncover, many an connections with or opening into use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the officer.

(Ord. 435, Sec. 16; Code 2004)

There shall be three classes of building sewer permits:

(a)   For residential service.

(b)   For commercial service.

(c)   For industrial service.

In each case, the owner or his agent shall make application on a form furnished by the city. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the officer. A permit and inspection fee of $50 for a residential, $100 for a commercial, and $200 for an industrial service sewer permit shall be paid to the city at the time such application is issued. The city reserves the right to assess to such applicant any professional fees and/or expenses of any nature incurred by the city in reviewing, investigating and inspecting in connection with such sewer application and/or permit.

(Ord. 435, Sec 17; Code 2004)

All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

(Ord. 435, Sec. 19; Code 2004)

A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court yard, or driveway. The building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

(Ord. 435, Sec. 19; Code 2004)

Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the officer, to meet all requirements of this article. All testing is to be at the expense of the owners.

(Ord. 435, Sec. 20; Code 2004)

The building sewer shall be cast iron soil pipe, ASTM specification (A-74) or equal; or plastic pipe PVC 1120, SDR 41 or ASTM specification D-1784. Joints for PVC pipe shall be either 0-ring rubber gasket joints or solvent cemented joints, or equal. All joints shall be tight and waterproof. Any part of the building sewer that is located within 10 feet of a water service pipe shall be constructed of cast iron soil pipe. A higher grade of PVC pipe (Schedule 80 or SDR 21 or equal) may be required by the officer where the building sewer is exposed to damage by tree roots. If installed in filled or unstable ground, the building sewer shall be of Schedule 80 or SDR 21 PVC pipe or equal and such pipe may be required to be laid in a stabilized bedding material or on a suitable concrete bed or cradle as approved by the officer.

(Ord. 435, Sec. 21; Code 2004)

The size and slope of the building sewer shall be subject to the approval of the officer, but in no event shall the diameter be less than four inches or more than six inches. The slope of such six-inch pipe shall be not less than 1/8 inch per foot. If four-inch pipe is allowed, ¼ inch per foot slope shall be the minimum for that size connection.

(Ord. 435, Sec. 22; Code 2004)

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. No building sewer shall be laid parallel to or within three feet of any bearing wall which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The building sewer shall be laid at uniform grade and in straight alignment insofar as possible. Changes in direction shall be made only with properly curved pipe and fitting, including cleanout fittings.

(Ord. 435, Sec. 23; Code 2004)

In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

(Ord. 435, Sec. 24; Code 2004)

All joints and connections shall be made gastight and watertight and conform to the Uniform Plumbing Code.

(Ord. 435, Sec. 25; Code 2004)

The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the officer before installation.

No person shall make connection of roof downspouts, interior and exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

The connection of the building sewer into the public sewer shall be made at the “Y” branch, if such branch is available at a suitable location. If the public sewer is 12 inches in diameter or less, and no properly located “Y” branch is available, the owner shall at his expense install a “Y” branch in the public sewer at the location specified by the officer. Where the public sewer is greater than 12 inches in diameter, and no properly located “Y” branch is available, a neat hole may be cut into the public sewer to receive the building sewer, with entry in the downstream direction at an angle of about 45 degrees. A tapping saddle of proper size with 45 degrees entry shall be used on all tap holes made in the sewer main.

The invert of the building sewer at the point of connection shall be the same or at a higher elevation than the invert of the public sewer. A smooth, neat joint shall be made, and the connection made secure as well as gastight and watertight, by encasement in concrete or approved sewer mastic. Special fittings may be used for the connection only when approved by the officer.

(Ord. 435, Sec. 26; Code 2004)

Sewer taps shall be made only by a licensed plumber at the owner’s expense.

(Ord. 435, Sec. 27; Code 2004)

The applicant for the building sewer permit shall notify the Officer when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the officer or the designated representative.

(Ord. 435, Sec. 28; Code 2004)

All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard and conform to all laws, statutes and ordinances. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.

(Ord. 435, Sec. 29; Code 2004)

No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewers.

(Ord. 435, Sec. 30; Code 2004)

Stormwater and all other unpolluted drainage shall be discharged to storm sewers, or to a natural outlet approved by the officer. Industrial cooling water or unpolluted process waters may be discharged on approval of the officer to a storm sewer or natural outlet. Approval should also be granted by KDHE.

(Ord. 435, Sec. 31; Code 2004)

No user shall discharge or cause to be discharged, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the POTW. A user may not contribute the following substances to the POTW:

(a)   Any gasoline, benzene, naptha, fuel oil, or other flammable or explosive liquid, solid, or gas.

(b)   Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process; constitute a hazard to humans or animals, create a public nuisance, or create a hazard in the receiving waters of the sewage treatment plant; including but not limited to cyanides in excess of two mg/l as CN in wastes discharged to the public sewer.

(c)   Waters or wastes having a pH lower than 6.0, or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.

(d)   Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and flashings, entrails and paper dishes, cups, mild containers, etc., either whole or ground by garbage grinders.

(e)   Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees Celsius).

(f)   Any water or wastes containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 milligrams per liter, or containing substances which may solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit (0 degrees and 65 degrees C).

(g)   Any garbage that has not been properly shredded. Installation and operation of any garbage grinder equipped with a motor of ¾ horsepower or larger. Disposal shall be subject to review and approval of the officer.

(h)   Any waters or wastes containing strong acid (iron) pickling wastes, or concentrated plating solutions whether neutralized or not.

(i)    Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the POTW exceeds the limits established by the officer for such materials.

(j)    Any waters or wastes containing phenols or other taste or odor producing substances in such concentrations exceeding limits which may be established by the officer as necessary, after treatment of the composite sewage, to meet the requirements of state, federal, or other public agency jurisdiction for such discharge to the receiving waters.

(k)   Radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the officer in compliance with applicable state or federal regulations.

(l)    Waters or wastes containing substances which are not amenable to treatment or reduction by sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet requirements of agencies having jurisdiction on discharge to receiving waters.

(m)  Any waters or wastes having:

(1)   A 5-day BOD greater than 200 parts per million by weight; or

(2)   Containing more than 250 parts per million by weight of suspended solids; or

(3)   Having an average daily flow greater than two percent of the average sewage flow of the city shall be subject to review of the officer. Where necessary, in the opinion of the officer, the owner shall provide at his expense, such preliminary treatment as may be necessary to (1) reduce the biochemical oxygen demand to 200 parts per million by weight; or (2) reduce the suspended solids to 250 parts per million by weight; or (3) control the quantities and rates of discharge of such waters or wastes. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the officer and no construction of such facilities shall be commenced until said approvals are obtained in writing.

(n)   Materials which exert or cause;

(1)   Unusual concentrations of inert suspended solids (such as, but not limited to, fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride or sodium sulfate);

(2)   Excessive discoloration;

(3)   Unusual BOD, chemical oxygen demand, or chlorine requirements;

(4)   Unusual volume of low or concentration of wastes constituting “slugs” as defined herein.

(Ord. 435, Sec. 32; Code 2004)

(a)   Septic tank waste may be introduced into a POTW only at locations designated by the officer, and at such times as are established by the officer. Such waste shall not violate section 15-331 of this article or any other requirements established by the city. The officer may require septic tank waste haulers to obtain wastewater permits.

(b)   The officer shall require haulers of industrial waste to obtain wastewater permits. The officer may require generators of hauled industrial waste to obtain wastewater permits. The officer also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this article.

(c)   Industrial waste haulers may discharge loads only at locations designated by the officer. No load may be discharged without prior consent of the officer. The officer may collect samples of each hauled load to ensure compliance with this ordinance. The officer may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.

(Ord. 435, Sec. 33; Code 2004)

If any waters or wastes are discharged, or are proposed to be discharged to public sewers and contain substances or possess characteristics enumerated in section 15-331 of this article, and which in the judgment of the officer may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the officer may:

(a)   Reject the wastes;

(b)   Require pretreatment to an acceptable condition for discharge to the public sewers;

(c)   Require control over quantities and rates of discharge, or

(d)   Require payment to cover the added cost of handling and treating wastes not covered by existing taxes or sewer charges under this article.

If the officer permits pretreatment or equalization of waste flows, the design and installation of the plant and equipment shall be subject to review and approval of the officer, and subject to requirements of all applicable codes, ordinances and laws.

(Ord. 435, Sec. 34; Code 2004)

Grease, oil, and sand interceptors shall be required or provided when, in the opinion of the officer, they are necessary for proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients by all new businesses or businesses changing ownerships; except that such interceptors shall not be required for private dwelling units. All interceptors shall be of a type and capacity approved by the officer, and shall be located as to be readily and easily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, and equipped with easily removable covers which when bolted in place shall be gastight and watertight.

(Ord. 435, Sec. 35; Code 2004)

Where installed, all grease, oil, and sand interceptors shall be maintained by the owner, at his or her expense, in continuously efficient operation at all times.

(Ord. 435, Sec. 36; Code 2004)

Pretreatment facilities as required to comply with this ordinance shall be provided by the user. Detailed plans describing such facilities and operating procedures shall be submitted to the officer for review, and shall be acceptable to the officer before such facilities are constructed. The officer, with the city council’s approval, may employ consultants to assist with the review, the cost of which may be passed on to the user as part of the permitting expense. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the city under the provisions of this ordinance. Where pretreatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation, by the owner at his or her expense.

(Ord. 435, Sec. 37; Code 2004

When required by the officer, the owner of a property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation sampling or measurement of wastes. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accord with plans approved by the officer. The manhole shall be installed by the owner at his expense, and shall be maintained by him or her so as to be safe and accessible at all times.

(Ord. 435, Sec. 38; Code 2004)

All measurements, tests and analysis of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater,” published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at the control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the POTW and to determine the existence of hazards to life, limb, and property.

(Ord. 435, Sec. 39; Code 2004)

(a)   Wastewater Analysis and General Information. When requested by the officer, a user must submit information on the nature and characteristics of its wastewater within 30 calendar days of the request. The officer is authorized to prepare a form for this purpose and may periodically require users to update this information. Based on the information requested, the officer may require a wastewater discharge permit from the user.

(b)   Wastewater Discharge Permit Requirement.

(1)   No significant or industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the officer, except that a significant industrial user that has filed a timely application pursuant to section 15-319 of this article may continue to discharge for the time period specified therein.

(2)   The officer may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this article.

(3)   Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this article and subjects the wastewater discharge permittee to the sanctions set out in section 15-343 of this article. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law.

(c)   Wastewater Discharge Permit Appeals. The officer shall provide public notice of the issuance of a wastewater discharge permit. Any person, including the user, may petition the officer to reconsider the terms of a wastewater discharge permit within 30 calendar days of notice of its issuance.

(1)   Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

(2)   In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.

(3)   The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.

(4)   If the officer fails to act within 30 calendar days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.

(Ord. 435, Sec. 40; Code 2004)

(a)   Periodic Reports.

(1)   All industrial users, and other users as identified by the city, shall, at a frequency determined by the officer but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge and the measured or estimated average and maximum daily flows for the reporting period. All periodic reports must be signed and certified by the representative of the user. All testing, measurement and reporting shall be the responsibility of the user.

(2)   All wastewater samples must be representative of the user’s discharge.

(3)   If a user monitors any pollutant more frequently than required by the officer, the results of this monitoring shall be included in the report.

(b)   Record Keeping. Users reporting in accordance with this article shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this article and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years.

(c)   Wastewater Permit Revocation. The city may revoke a wastewater permit for good cause, including, but not limited to, the following reasons:

(1)   Failure to notify the officer of significant changes to the wastewater characteristics prior to discharge;

(2)   Misrepresentation or failure to fully disclose all relevant facts in the wastewater user questionnaire;

(3)   Falsifying self-monitoring reports;

(4)   Tampering with monitoring equipment;

(5)   Refusing to allow the officer, or duly authorized representative of the officer, timely access to the facility premises and records;

(6)   Failure to meet effluent limitations;

(7)   Failure to pay fines;

(8)   Failure to pay sewer charges;

(Ord. 435, Sec. 41; Code 2004)

(a)   Right of Entry; Inspection and Sampling. The officer or his or her duly authorized representative shall have the right to enter the premises of any user at any time to determine whether the user is complying with all requirements of this article. Users shall allow the officer or his or her duly authorized representative ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

(1)   Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the officer or his or her duly authorized representative will be permitted to enter without delay for the purposes of performing specific responsibilities.

(2)   The officer shall have the right to set up on the user’s property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user’s operations.

(3)   The officer may require the user to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated at a frequency in accordance with the requirements of the device manufacturer. Records of the calibration shall be made available upon request to the officer.

(4)   Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the officer and shall not be replaced. The costs of clearing such access shall be born by the user.

(5)   Unreasonable delays in allowing the officer access to the user’s premises shall be a violation of this article.

(Ord. 435, Sec. 42; Code 2004)

When the city or the officer finds that a user has violated, or continues to violate, any provision of this article, the city may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(Ord. 435, Sec. 43; Code 2004)

No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the POTW. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

(Ord. 435, Sec. 44; Code 2004)

The officer and his or her designee, and other duly authorized employees of the city bearing proper credentials and identification, shall be permitted to enter all properties for purposes of inspection, observation, measurement, sampling, and testing in accordance with provisions of this article.

(Ord. 435, Sec. 45; Code 2004)