Title 13

13.01.010 Generally. The following words and phrases, when used in this chapter, shall have the following meanings respectively ascribed to them in this title and these chapters and sections. (Ord. 3336 §1, 2007)

13.01.020 Available public sewer. Public sewer is considered to be available when any building or structure or any exterior drainage facility connected to a building is located 200 feet or less from any public sewer system abutting and serving the lot or premises of the building or exterior drainage facility. (Ord. 3336 §1, 2007)

13.01.030 City. "City" means the city of Missoula, Missoula County, state of Montana. (Ord. 3336 §1, 2007)

13.01.040 City Engineer. The person occupying that position or his or her designee including, but not limited to the Utility Section Coordinator. (Ord. 3336 §1, 2007)

13.01.050 Domestic wastewater. Liquid and water-borne wastes derived from the ordinary living processes, free from industrial wastes, and of such character as to permit satisfactory disposal, without special treatment, into the public sewer or my means of a private sewage disposal system. (Ord. 3336 §1, 2007)

13.01.060 Failed septic system. A septic system shall be deemed to be a failed system whenever: the absorption system fails to accept waste at the rate of application, requires repair or replacement of wastewater lines exterior to the source structure, no longer provides the treatment and/or disposal for which it was intended, when a septic tank suffers structural failure, or whenever a system violates Regulation 1, Section I(A) of the Missoula City-County Health Code. Maintenance that can be accomplished by rotor‑routing or jet flushing shall not constitute failure. (Ord. 3336 §1, 2007)

13.01.070 Increased use. The enlargement or change in use of a structure served by a septic system where the enlargement or change in use is likely to increase the effluent flow from the structure. Increased use includes, but is not limited to, the addition to a residence of one (1) or more spaces that can be used as bedrooms. The Development Services Director, or designee, shall have the sole discretion to determine if an enlargement or change in use is an increased use. (Ord. 3492, 2013; Ord. 3336 §1, 2007)

13.01.080 Industrial wastewater. Liquid wastes generated by commercial or industrial processes or any waste other than domestic wastewater. (Ord. 3336 §1, 2007)

13.01.090 Legal representative. Any person, corporation, partnership, company, association, or society legally authorized to act on behalf of any owner of parcel(s) of real property as the trustee, property manager, power of attorney or legally appointed representative serving as the property owner’s surrogate or substitute signatory for the purposes of real property transfer. (Ord. 3336 §1, 2007)

13.01.100 Person. "Person" means a corporation, partnership, company, association, or society as well as a natural person and the legal representatives thereof. (Ord. 3336 §1, 2007)

13.01.110 Public Works Director. For the purposes of this title, the person occupying that position or his or her designee including but not limited to the Wastewater Treatment Facility Superintendent and Pretreatment Coordinator. (Ord. 3492, 2013; Ord. 3336 §1, 2007)

13.01.120 Public sewer. A common sewer directly controlled by the City of Missoula. (Ord. 3336 §1, 2007)

13.01.130 Septic system. Any wastewater system including individual, multi-user, and public systems which receive domestic or industrial wastewater or both; treats the effluent; and disposes of the effluent through application into or onto the soil, or any sealed vault, pit privy, or holding tank. (Ord. 3336 §1, 2007)

13.01.140 Service lateral. The portion of sewer line connecting the wastewater disposal system of a building or structure to a public sanitary sewer main for the purpose of serving the individual dwelling or building. (Ord. 3336 §1, 2007)

13.01.150 Septic Tank Effluent Pump (STEP) sewer. A public sanitary sewer system that includes small diameter sewer mains combined with on-site septic tanks with built in effluent pumps providing on-site wastewater pretreatment and pumped effluent removal to a wastewater treatment facility for further treatment and disposal in accordance with the Department of Environmental Quality. (Ord. 3336 §1, 2007)

Title 13.04

SEWER REGULATIONS*

Sections:

13.04.010 Connections with public sanitary sewers‑Required.

13.04.020 Connection to public sanitary sewer upon property transfer - Required

13.04.030 Record of Non-Compliance with this chapter.

13.04.040 Authority to order sewer connection‑Notice

13.04.045 Revised

13.04.050 Failure to connect.

13.04.060 Separate and independent connections for buildings

13.04.061 Revised

13.04.062 Revised

13.04.070 Sewer Service Laterals Ownership and Responsibility

13.04.080 Prohibited connections.

13.04.090 Sewer pipe.

13.04.100 Inspection

13.04.110 Entering manhole‑‑Depositing material

13.04.120 Damaging, tampering with, etc., sewage works

13.04.130 Rebate for privately financed public sanitary sewer main extensions

13.04.140 Prohibited practices

13.04.010 Connections with public sanitary sewers‑Required. Plumbed buildings or structures on any lot or premises within the City of Missoula, which is or will be generating wastewater and has public sanitary sewer available, is required to connect to available public sanitary sewer in accordance with this section as follows:

A. Connection according to Specification. Connections to a public sanitary sewer main shall be in accordance with the city master sanitary sewer plan or a city preferred sanitary sewer design as determined by the City Engineer.

B. Exceptions.

1. Plumbed buildings or structures or related exterior drainage facilities, existing and connected to an approved septic system where there is available public sewer may remain connected to the septic system until:

i. The system is a failed septic system; or

ii. Enlargement or change in use of a building or structure is likely to increase the effluent flow from the structure as determined by the Development Services Director. Increased (effluent flow) use includes, but is not limited to, the addition to a residence of one (1) or more spaces which can be used as bedrooms.

2. Once plumbed buildings or structures are connected to city sewer, graywater systems in conformance with the Uniform Plumbing Code may be discharged from May to October to an irrigation system as permitted by the Missoula City-County Health Department. From November to April, all graywater must be discharged to the public sanitary sewer.

(Ord. 3492, 2013; Ord. 3454, 2011; Ord. 3336, 2007; Ord. 2992, 1996; Ord. 2340 (part), 1983: prior code §27‑1).

*For statutory provisions giving the city power to regulate the construction, use and repair of sewers, see MCA §7‑13‑4105.

13.04.020 Connection to public sanitary sewer upon property transfer - Required. Within the Missoula city limits, it is unlawful for any person to sell, transfer or convey any real property containing plumbed buildings or structures with available public sanitary sewer until the plumbed buildings or structures have been connected to the public sanitary sewer, except as provided in (D) and (E) below.

A. Property owner and purchaser responsibility – Required. Property owner and purchaser shall arrange to connect any plumbed buildings or structures on the property prior to recording the deed or conveyance transferring ownership to the purchaser at their own expense.

B. The Development Services director shall grant a one (1) time delay with evidence of a property owner/purchaser negotiated financial holdback, upon request of the property owner and/or purchaser, up to a maximum of six (6) months when extenuating circumstances prohibit immediate connection of plumbed buildings on a property being sold at the director’s discretion.

C. The Development Services Director may grant a six month time extension which may be renewed at the discretion of the director (extending the maximum six (6) month time delay, in B. above) to allow for the connection to coincide with another scheduled City or private construction project. A property owner/purchaser negotiated financial holdback is required during any additional time extension(s).

D. Exception. In the event of a foreclosure, the financial or lending institution to which a mortgage lien or trust indenture was given is exempt from 13.04.020 (A). This exemption is applicable only to the transfer of a property from the owner to the foreclosing financial or lending institution and the subsequent transfer from the financial or lending institution to a new owner.

E. Exception. A graywater irrigation system that has been installed in conformance with the Uniform Plumbing Code and permitted by the Missoula City County Health Department may remain in use in accordance with 13.04.010(B)(2).

(Ord. 3492, 2013; Ord. 3470, 2011; Ord. 3454, 2011; Ord. 3445, 2010; Ord. 3336, 2007; Ord. 2340 (part), 1983: prior code §27‑2). [Compiler's Comments: This section used to be titled "Authority to order sewer connection‑Notice" and has been changed to read "Connection to public sanitary sewer upon property transfer - Required." according to Ord. 3336 adopted 2007.]

13.04.030 Record of Non-Compliance with this chapter.

A. The Development Services office will file a Record of Non-Compliance with this chapter at the Missoula County Clerk and Recorder’s Office for each lot or premises containing existing plumbed buildings or structures, which have public sanitary sewer available, but have no verifiable record of connection to the public sanitary sewer system.

B. The Record of Non-Compliance with this chapter shall state that:

1. There are existing plumbed buildings and structures on the property; and,

2. There is available public sewer; and

3. The plumbed building or structure or associated septic system has no verifiable public sewer connection record.

C. Owners of properties with a Record of Non-Compliance may request Development Services provide a Certificate of Compliance with this chapter by providing satisfactory evidence verifying the plumbed buildings or structures have been connected to the public sanitary sewer system. The Development Services office will file the Certificate of Compliance with this chapter at the Missoula County Clerk and Recorder’s office.

D. Property owners or legal representatives of owners and purchasers or their legal representatives shall not be liable for violating Section 13.04.020 where no Record of Non-Compliance was recorded for a parcel of property at the time the property transfer occurred.

(Ord. 3492, 2013; Ord. 3336, 2007; Ord. 2340 (part), 1983: prior code §273).

13.04.040 Authority to order sewer connection‑Notice. The City Council shall have power to order owners or legal representatives of owners of plumbed buildings and structures to connect the same with a public sanitary sewer system when the public sanitary sewer system is available, and when so ordered by the City Council, it shall be the duty of the City Clerk or other authorized officer, to give notice of the order to the owner(s) of the plumbed buildings or structures, or to their legal representative(s). (Ord. 3336, 2007; Ord. 2340 (part), 1983: prior code §27‑4). [Compiler's Comments: This section used to be "Separate and independent connections for buildings" and has been changed to read " Authority to order sewer connection‑Notice " according to Ord. 3336 adopted 2007]

13.04.045 Revised (Ord. 3336, 2007; Ord. 3049, 1998) [Compiler's Comments: This section used to be titled "Sewer Service Laterals Ownership and Responsibility " and has been included under 13.04.070 according to Ord. 3336 adopted 2007]

13.04.050 Failure to connect. If the owner(s) or legal representative(s) of any building or structure designated in Section 13.04.010 or 13.04.020 shall fail to make such sewer connection within thirty (30) days after receiving such notice as described in Section 13.04.040, the owner(s) or legal representatives shall be deemed guilty of maintaining and fostering a nuisance, and upon conviction thereof shall be punished pursuant to the general penalty provision in Chapter 1.20. (Ord. 3336, 2007; Ord. 2340 (part), 1983: prior code §27‑5) [Compiler's Comments: This section used to be titled " Prohibited connections " and has been changed to read " Failure to connect " according to Ord. 3336 adopted 2007]

13.04.060 Separate and independent connections for buildings. Every building or structure shall be separately and independently connected with the public sanitary sewer, provided that exceptions may be allowed by the Development Services Director when it is advisable to connect two (2) or more buildings to one (1) sewer service connecting to the public sanitary sewer system. (Ord. 3492, 2013; Ord. 3336, 2007; Ord. 2340 (part), 1983). [Compiler's Comments: This section used to be titled "Sewer pipe" and has been changed to read "Separate and independent connections for buildings" according to Ord. 3336 adopted 2007]

13.04.061 Revised (Ord. 3336, 2007; Ord. 2340 (part), 1983) [Compiler's Comments: This section used to be titled "Pipe Diameter" and has been included under 13.04.090 "Sewer Pipe" according to Ord. 3336 adopted 2007].

13.04.062 Revised (Ord. 3336, 2007; Ord. 2340 (part), 1983). [Compiler's Comments: This section used to be titled "Materials and installation" and has been included under 13.04.090 "Sewer Pipe" according to Ord. 3336 adopted 2007].

13.04.070 Sewer Service Laterals Ownership and Responsibility

A. The property owner shall be responsible for the cost of construction and maintenance of the sewer service pipeline/s and appurtenances from the public sewer main to the premises of the property owner, including any and all costs for construction, repairs, maintenance, replacement, removal, utility locations, pretreatment facilities, clean-outs, manholes, saddles, and any other items necessary for the construction, operation, or maintenance of the service lateral.

B. Exceptions:

1. STEP (Septic Tank Effluent Pump) sewer service pipeline/s and appurtenances accepted by the City of Missoula with easements granted to and accepted by the City of Missoula shall be owned and maintained by the City of Missoula.

2. Wyes or tees that are an integral part of the sewer main when the main is installed shall be owned and maintained by the City of Missoula. (Ord. 3336, 2007; Ord. 3049, 1998) [Compiler's Comments: This section used to be titled "Inspection" and has been changed to read "Sewer Service Laterals Ownership and Responsibility" according to Ord. 3336 adopted 2007]

13.04.080 Prohibited connections.

A. It is unlawful for any person owning, controlling or managing any plumbed building or structure upon any property to connect or cause to be connected to the City’s public sanitary sewer system, any drainage whatsoever, except domestic waste water, except when such connections are specifically allowed by the Director of Public Works. However, pursuant to the authority granted in this section the Director of Public Works may not allow any storm water drainage or clear water to be connected to the City’s public sanitary sewer system. In no case shall storm water drainage or clear water be connected to the public sanitary sewer system.

B. It is unlawful for any person to discharge or cause to be discharged into the City’s public sanitary sewer system any special or industrial wastes that will have a deleterious effect, nuisance effect, or endanger the safety of sewage works personnel; or will adversely affect the ability of the sewage system to meet pollution control requirements imposed by regulatory agencies, except as allowed under Chapter 13.06, Industrial Waste Water Regulations. The Director of Public Works may prohibit discharge of such wastes into the sewage system, or may require pretreatment or controlled discharge at point of origin of such wastes to a pollution level acceptable for discharge to the sewage system and amenable to the treatment with domestic waste.

C. It is unlawful for any person to discharge or cause to be discharged into the storm sewage system any waste other than surface storm water drainage or clear water except when other connections are specifically allowed by the Director of Public Works. The Director of Public Works may require pretreatment prior to discharge to the storm sewer to remove sediment, grease or other objectionable characteristics, which would adversely affect the ability of the storm sewer system to carry storm water or meet pollution control requirements imposed by regulatory agencies. (Ord. 3336, 2007; Ord. 2340 (part), 1983: prior code §27‑5). [Compiler's Comments: This section used to be titled "Entering manhole‑‑Depositing material" and has been changed to read "Prohibited connections" according to Ord. 3336 adopted 2007]

13.04.090 Sewer pipe. This section applies to all sanitary sewer pipes from two (2) feet outside the face of a building or structure to the sewage treatment plant; and to all storm sewer pipes. (Ord. 3336, 2007; Ord. 2340 (part), 1983).

A. Pipe diameter. Minimum size for private gravity sanitary sewer service lines shall be four (4) inches diameter. Minimum size for a private sanitary sewer service line for commercial or industrial properties shall be six (6) inches unless approved by the City Engineer. Minimum size for public sanitary sewer mains or laterals shall be eight (8) inches diameter unless approved by the City Engineer. Minimum size for all storm sewer mains shall be twelve (12) inches. In all cases, sewers shall be of sufficient size to accommodate the property they are intended to serve, as approved by the City Engineer. (Ord. 3336, 2007; Ord. 2340 (part), 1983).

B. Materials and installation. All pipe materials, appurtenant materials, and installation shall conform to the current city standards and specifications as established by the City Engineer. (Ord. 3336, 2007; Ord. 2340 (part), 1983). [Compiler's Comments: This section used to be titled "Damaging, tampering with, etc., sewage works" and has been changed to read "Sewer pipe" according to Ord. 3336 adopted 2007]

13.04.100 Inspection. Construction of sewers is subject to inspection at any time, and city inspectors shall have adequate access to any construction site for purposes of inspection. (Ord. 3336, 2007; Ord. 2679, 1989; Ord. 2571, 1987). [Compiler's Comments: This section used to be titled "Rebate for privately financed sanitary sewer main extensions" and has been changed to read "Inspection" according to Ord. 3336 adopted 2007]

13.04.110 Entering manhole‑‑Depositing material. It is unlawful for any unauthorized person to open or enter any manhole or other structure on the city sewer system or to deposit any item, material or obstruction in the same. (Ord. 3336, 2007; Ord. 2340 (part), 1983).

13.04.120 Damaging, tampering with, etc., sewage works. It is unlawful for any person to maliciously, willfully or negligently break, damage, destroy, cover or uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage works. Upon conviction, the penalty shall be as provided in Chapter 1.20. (Ord. 3336, 2007; Ord. 2340 (part), 1983).

13.04.130 Rebate for privately financed public sanitary sewer main extensions.

A. Private property owners may contract to install public sewer mains within public rights‑of‑way or public easements at their own expense after obtaining applicable approval from both city and state authorities and obtaining applicable permits. Any public sewer main must be installed in conformance with the regulations and rules of both city and state and under the direction of the City Engineer including, but not limited to the property owners granting to the city any and all necessary easements required by the city for the construction, operation and maintenance of the sewer line to be connected to the city municipal sewage system.

B. Once acceptance and approval of any installed public sewer main has occurred, property owners who financed the installation of the public sewer main, if interested, may request the city to establish a rebate program for them for future connections to the newly installed public sewer main; they shall file with Development Services such data that is necessary to establish the rebate program, specifying the itemized expense in connection with the installation of the sewer main including construction and engineering expenses. Any rebate program request is to be filed with Development Services within thirty (30) days after acceptance and approval by the City of the public sewer main in order to be eligible to participate in a rebate program. Eligible property owners who financed public sewer mains that were accepted and approved prior to the enactment of this provision shall have thirty (30) days after the date of written notification to them by Development Services staff of this rebate program and their eligibility to submit a proper request for a rebate program.

C. If a rebate request is submitted within thirty (30) days after the city's acceptance and approval of an installed public sewer main, the rebate program for that public sewer main shall remain in effect for up to ten (10) years after the City's acceptance and approval of the public sewer main. Any property owner who financed such an installation must submit a written filing of a rebate program request with the city prior to another property owner tapping into that public sewer main in order to be eligible for a rebate from that other property owner. Thereafter, within ten (10) years after the city's acceptance and approval of the public sewer main no property owner or their representative desiring to tap that public sewer main to connect a building or structure shall be issued any sewer connection permit or be allowed to tap the sewer main until their proportionate rebate has been paid to the City Finance Officer or designee their proportionate rebate. If the sewer main is tapped for a sewer service lateral which is extended only to the property line, payment of the rebate is delayed until the building or structure is connected to the sewer service lateral and is to be paid only if the building or structure is connected to the public sewer main within ten (10) years after the city has accepted and approved the public sewer main. The amount of the rebate is to be a proportion of the original developer property owner's total cost, excluding any accrued interest, to install the sewer main, the rebate proportion including construction and engineering costs. The rebate proportion is to be determined by the front footage of the lot, which is connecting to the public sewer main and this lot's front footage proportion of the total front footage which can be connected to the public sewer main under the rebate program. In addition to the rebate payment, property owner or their representative desiring to tap the public sewer main shall pay an administrative fee to the city amounting to five percent (5%) of the rebate amount. The administrative fee shall be payable to the city and deposited in the city general fund.

D. City Finance Officer or designee is to place the monies in a special fund and shall pay the proportionate share(s) to the property owner(s) of the property that originally was financially responsible for the installation of the public sewer main who is the current deeded property owner of record in the county clerk and recorder's office, excluding pending notice of purchaser's interest, at the time the rebate payment is made.

(Ord. 3492, 2013; Ord. 3336, 2007; Ord. 2679, 1989; Ord. 2571, 1987).

13.04.140 Prohibited practices. No person shall own or operate a septic system that violates the City-County Health Code and/or Uniform Plumbing code as amended. (Ord. 3336, 2007)

Title 13.06

INDUSTRIAL WASTEWATER (Repealed, Ord. 3459, 2011)

Sections:

ARTICLE I. WASTEWATER REGULATIONS (Repealed, Ord. 3459, 2011)

ARTICLE II. ADMINISTRATIVE

ENFORCEMENT REMEDIES (Repealed, Ord. 3459, 2011)

ARTICLE I. WASTEWATER REGULATIONS (Repealed, Ord. 3459, 2011)

13.06.010 Repealed. (Ord. 3459, 2011; Ord. 2358 (part), 1983).

13.06.020 Repealed. (Ord. 3459, 2011; Ord. 2358 (part), 1983).

13.06.030 Repealed. (Ord. 3459, 2011; Ord. 2358 (part), 1983).

13.06.040 Repealed. (Ord. 3459, 2011; Ord. 2395 §1(part), 1984).

13.06.050 Repealed. (Ord. 3459, 2011; Ord. 2395 §1(part), 1984).

13.06.060 Repealed. (Ord. 3459, 2011; Ord. 3008, 1996; Ord. 2810 §1(part), 1992; Ord. 2395 §1(part), 1984).

13.06.070 Repealed. (Ord. 3459, 2011; Ord. 2810 §1(part), 1992; Ord. 2395 §1(part), 1984).

13.06.080 Repealed. (Ord. 3459, 2011; Ord. 2395 §1(part), 1984).

13.06.085 Repealed. (Ord. 3459, 2011; Ord. 3008, 1996)

13.06.090 Repealed. (Ord. 3459, 2011; Ord. 2395 §1(part), 1984).

13.06.100 Repealed. (Ord. 3459, 2011; Ord. 2395 §1(part), 1984).

13.06.110 Repealed. (Ord. 3459, 2011; Ord. 3433 §5, 2010; Ord. 3384 §5, 2008;Ord. 3350 §5, 2007; Ord. 3323 §5, 2006; Ord. 3298, 2005; Ord. 3259 §4, 2004; Ord. 3037, 1997; Ord. 2810 §1(part), 1992; Ord. 2395 §1(part), 1984).

13.06.120 Repealed. (Ord. 3459, 2011; Ord. 3037, 1997; Ord. 2395 §1(part), 1984).

13.06.130 Repealed. (Ord. 3459, 2011; Ord. 2395 §1(part), 1984).

13.06.140 Repealed. (Ord. 3459, 2011; Ord. 2395 §1(part), 1984).

13.06.150 Repealed. (Ord. 3459, 2011; Ord. 3008, 1996; Ord. 2810 §1(part), 1992; Ord. 2411 §1, 1984; Ord. 2395 §1(part), 1984).

13.06.160 Repealed. (Ord. 3459, 2011; Ord. 2810 §1(part), 1992; Ord. 2395 §1(part), 1984).

13.06.170 Repealed. (Ord. 3459, 2011; Ord. 2810 §1(part), 1992; Ord. 2395 §1(part), 1984).

13.06.180 Repealed. (Ord. 3459, 2011; Ord. 2810 §1(part), 1992; Ord. 2395 §1(part), 1984).

13.06.184 Repealed. (Ord. 3459, 2011; Ord. 2810 §1(part), 1992).

13.06.185 Repealed. (Ord. 3459, 2011; Ord. 2810 §1(part), 1992).

13 06 190 Repealed. (Ord. 3459, 2011; Ord. 2395 §1(part), 1984).

13.06.200 Repealed. (Ord. 3459, 2011; Ord. 2395 §l(part), 1984).

13.06.210 Repealed. (Ord. 3459, 2011; Ord. 2395 1(part), 1984).

13.06.220 Repealed. (Ord. 3459, 2011; Ord. 2395 51(part), 1984).

13 06.230 Repealed. (Ord. 3459, 2011; Ord. 3008, 1996; Ord. 2395 §1(part), 1984) .

ARTICLE II. ADMINISTRATIVE ENFORCEMENT REMEDIES (Repealed, Ord. 3459, 2011)

13.06.240 Repealed. (Ord. 3459, 2011; Ord. 2810 §1 (part), 1992).

13.06.250 Repealed. (Ord. 3459, 2011; Ord. 2810 §1 (part), 1992).

13.06.260 Repealed. (Ord. 3459, 2011; Ord. 2810 §1 (part), 1992).

13.06.270 Repealed. (Ord. 3459, 2011; Ord. 2810 §1 (part), 1992).

13.06.280 Repealed. (Ord. 3459, 2011; Ord. 2810 §1 (part), 1992).

13.06.290 Repealed. (Ord. 3459, 2011; Ord. 2810 §1 (part), 1992).

13.06.300 Repealed. (Ord. 3459, 2011; Ord. 2810 §1 (part), 1992).

13.06.310 Repealed. (Ord. 3459, 2011; Ord. 2810 §1 (part), 1992) .

13.06.320 Repealed. (Ord. 3459, 2011; Ord. 2810 §1 (part), 1992).

13.06.330 Repealed. (Ord. 3459, 2011; Ord. 2810 §1 (part), 1992).

13.06.340 Repealed. (Ord. 3459, 2011; Ord. 2810 §1 (part), 1992).

13.06.350 Repealed. (Ord. 3459, 2011; Ord. 2810 §1 (part), 1992).

13.06.360 Repealed. (Ord. 3459, 2011; Ord. 2810 §1 (part), 1992).

13.06.370 Repealed. (Ord. 3459, 2011; Ord. 2810 §1 (part), 1992).

13.06.380 Repealed. (Ord. 3459, 2011; Ord. 2810 §1 (part), 1992).

13.06.390 Repealed. (Ord. 3459, 2011; Ord. 2810 §1 (part), 1992).

13 06 400 Repealed. (Ord. 3459, 2011; Ord. 2810 §1 (part), 1992).

13.06.410 Repealed. (Ord. 3459, 2011; Ord. 2810 §1 (part), 1992) .

Chapter 13.07

Wastewater Pretreatment Regulations

Articles

I. General Provisions

II. General Sewer Use Requirements

III. Pretreatment of Wastewater

IV. Individual Wastewater Discharge Permits

V. Individual Wastewater Discharge Permit Issuance

VI. Reporting Requirements

VII. Powers Relating to Compliance and Reporting

VIII. Administrative Enforcement Remedies

IX. Judicial Enforcement Remedies

X. Supplemental Enforcement Action

XI. Affirmative Defenses to Discharge Violations

XII. High Strength Wastewater Treatment Rates

XIII. Miscellaneous Provisions

Article I. General Provisions

Sections:

13.07.010 Purpose and Policy

13.07.020 Administration

13.07.030 Abbreviations

13.07.040 Definitions

13.07.010 Purpose and Policy

This ordinance sets forth uniform requirements for Users of the Publicly Owned Treatment Works for the City of Missoula and enables the Missoula to comply with all applicable State and Federal Laws, including the Clean Water Act (33 United States Code [U.S.C.] section 1251 et seq.) and the General Pretreatment Regulations (Title 40 of the Code of Federal Regulations [CFR] Part 403). The objectives of this ordinance are:

To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will interfere with its operations;

To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will pass through the Publicly Owned Treatment Works, inadequately treated, into receiving waters, or otherwise be incompatible with the Publicly Owned Treatment Works;

To protect both Publicly Owned Treatment Works personnel who may be affected by wastewater and sludge in the course of their employment and the general public;

To promote reuse and recycling of industrial wastewater and sludge from the Publicly Owned Treatment Works;

To enable Missoula to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other Federal or State laws to which the Publicly Owned Treatment Works is subject.

This ordinance shall apply to all Users of the Publicly Owned Treatment Works. The ordinance authorizes the issuance of individual wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires User reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. (Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.020 Administration

Except as otherwise provided herein, the Wastewater Division Superintendent shall administer, implement, and enforce the provisions of this ordinance. Any powers granted to or duties imposed upon the Wastewater Division Superintendent may be delegated by the Wastewater Division Superintendent to a duly authorized City of Missoula employee. (Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.030 Abbreviations

The following abbreviations, when used in this ordinance, shall have the designated meanings:

BOD – Biochemical Oxygen Demand

BMP – Best Management Practice

BMR – Baseline Monitoring Report

CFR – Code of Federal Regulations

CIU – Categorical Industrial User

COD – Chemical Oxygen Demand

EPA – U.S. Environmental Protection Agency

gpd – gallons per day

lbs-pounds

L.E.L. or LEL-lower explosive limit

IU – Industrial User

mg/l – milligrams per liter

MMC-Missoula Municipal Code

NPDES – National Pollutant Discharge Elimination System

POTW – Publicly Owned Treatment Works

RCRA – Resource Conservation and Recovery Act

SIU – Significant Industrial User

SNC – Significant Noncompliance

TSS – Total Suspended Solids

U.S.C. – United States Code

(Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.040 Definitions

Unless a provision explicitly states otherwise, the following terms and phrases, as used in this ordinance, shall have the meanings hereinafter designated.

. Act or “the Act.” The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. section 1251 et seq.

A. Approval Authority. EPA Region 8

B. Authorized or Duly Authorized Representative of the User.

1. If the User is a corporation:

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

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

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

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

4. The individuals described in paragraphs 1 through 3, above, may designate a Duly Authorized Representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City.

C. Biochemical Oxygen Demand or BOD. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 20 degrees centigrade, usually expressed as a concentration (e.g., mg/l).

D. Best Management Practices or BMPs means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 13.07.200(A) and (B). BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

E. Categorical Pretreatment Standard or Categorical Standard. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the Act (33 U.S.C. section 1317) that apply to a specific category of Users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405‑471.

F. Categorical Industrial User. An Industrial User subject to a categorical Pretreatment Standard or categorical Standard.

G. The City. The City of Missoula

H. Commercial or Commercial User. A user that is neither classified as residential user or significant industrial user.

I. Chemical Oxygen Demand or COD. A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.

J. Control Authority. The City of Missoula

K. Daily Maximum. The arithmetic average of all effluent samples for a pollutant collected during a calendar day.

L. Daily Maximum Limit. The maximum allowable discharge limit of a pollutant during a calendar day. Where Daily Maximum Limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where Daily Maximum Limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

M. Environmental Protection Agency or EPA. The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official of said agency.

N. Existing Source. Any source of discharge that is not a “New Source.”

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

P. Indirect Discharge or Discharge. The introduction of pollutants into the POTW from any nondomestic source.

Q. Industrial User or User. Source of indirect discharge

R. Instantaneous Limit. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

S. Interference. A discharge that, 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 or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued there under, or any more stringent State or local regulations: section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

T. Local Limit. Specific discharge limits developed and enforced by the City upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).

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

V. Monthly Average. The sum of all “daily discharges” measured during a calendar month divided by the number of “daily discharges” measured during that month.

W. Monthly Average Limit. The highest allowable average of “daily discharges” over a calendar month, calculated as the sum of all “daily discharges” measured during a calendar month divided by the number of “daily discharges” measured during that month.

X. New Source.

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

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

The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an Existing Source; or

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

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

Construction of a New Source as defined under this paragraph has commenced if the owner or operator has:

Begun, or caused to begin, as part of a continuous onsite construction program

any placement, assembly, or installation of facilities or equipment; or

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

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

Y. Noncontact Cooling Water. Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

Z. Pass Through. A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City’s NPDES permit, including an increase in the magnitude or duration of a violation.

AA. Person. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local governmental entities

BB. pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.

CC. Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, Medical Wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

DD. Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable Pretreatment Standard. Appropriate pretreatment technology includes control equipment, such as equalization tanks or facilities, for protection against surges or slug loadings that might interfere with or otherwise be incompatible with the POTW. However, where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process the effluent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance with 40 CFR 403.6(e).

EE. Pretreatment Requirements. Any substantive or procedural requirement related to pretreatment imposed on a User, other than a Pretreatment Standard.

FF. Pretreatment Standards, National Pretreatment Standards or Standards. Pretreatment Standards shall mean prohibited discharge standards, categorical Pretreatment Standards, BMPs, and Local Limits that apply to all industrial users

GG. Prohibited Discharge Standards or Prohibited Discharges. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Article II. MMC.

HH. Publicly Owned Treatment Works or POTW. A treatment works, as defined by section 212 of the Act (33 U.S.C. section 1292), which is owned by the City. This definition includes any 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.

II. Septic Tank Waste. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

JJ. Sewage. Human excrement and gray water (household showers, dishwashing operations, etc.).

KK. Significant Industrial User (SIU).

LL. A Significant Industrial User is:

1. An Industrial User subject to categorical Pretreatment Standards; or

a. An Industrial User that:

i. Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);

ii. Contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

iii. Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the POTW’s operation or for violating any Pretreatment Standard or Requirement.

MM. Slug Load or Slug Discharge. Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in Section 13.07.200 MMC.. A Slug Discharge is any Discharge of a non‑routine, episodic nature, including but not limited to an accidental spill or a non‑customary batch Discharge, which has a reasonable potential to cause Interference or Pass Through, or in any other way violate the POTW’s regulations, Local Limits or Permit conditions.

NN. Storm Drain System. conveyance or combination of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that discharges to surface water.

OO. Storm Water. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

PP. Superintendent or Wastewater Division Superintendent. The person designated by the City to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this ordinance. The term also means a Duly Authorized Representative of the Superintendent.

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

RR. Wastewater. Liquid and water‑carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.

SS. Wastewater Treatment Plant or Treatment Plant. That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.

(Ord. 3462 §9, 2011; Ord. 3459, 2011)

Article II General Sewer Use Requirements

Sections:

13.07.200 Prohibited Discharge Standards

13.07.210 National Categorical Pretreatment Standards

13.07.220 Local Limits

13.07.230 City’s Right of Revision

13.07.240 Dilution

13.07.250 Wastewater Classification Survey

13.07.260 Sector Control Programs

13.07.200 Prohibited Discharge Standards

General Prohibitions.

No User shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes Pass Through or Interference. These general prohibitions apply to all Users of the POTW whether or not they are subject to categorical Pretreatment Standards or any other National, State, or local Pretreatment Standards or Requirements.

No User or person shall discharge any sewage or other polluted waters from any premises within the City into or upon any public highway, land, public place, stream, water course, or into any cesspool, storm drain or storm drain system (which includes catch basins, curbs, gutters, ditches, manmade channels, municipal streets), private sewer, or natural water outlet, except where suitable treatment has been provided in accordance with applicable Federal, State, and local laws;

Specific Prohibitions.

No User shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:

Any "hazardous waste" as defined in 40 CFR 261, unless specifically allowed by the Superintendent or designee.

Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed-cup flashpoint of less than 140 degrees Fahrenheit (60 degrees C) using the test methods specified in 40 CFR 261.21;

Wastewater causing two readings on an explosion hazard meter at the point of discharge into the POTW, or an any point in the POTW, of more than 5% or any single reading over 10% of Lower Explosive Limit of the meter;

Wastewater having a pH less than 5.0 or more than 12.0, or otherwise causing corrosive structural damage to the POTW or equipment or hazard to structures, operations, or personnel of the wastewater utility;

Solid or viscous substances which will obstruct the flow in the POTW and/or result in Interference, including without limitation, cinders, sand, mud, cement, plaster, lime slurry or sludge, stone or marble dust, asphalt residues, tar, wax, paraffin, paint, chemical sludges or residues, metals, glass, plastics, wood, shavings, waste paper, paunch manure, excessive manure, hair and fleshings, blood, intestinal contents, animal hooves or toenails, bones, hog bristles, hides or parts thereof, excessive amounts of animal fat or flesh or particles of said materials larger than will quarter inch screen, poultry entrails, heads, feet, or feathers, food processing bulk solids, or garbage that has not been ground or comminuted to diameter of less than one-half inch in any dimension;

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

Wastewater having a temperature which will inhibit biological activity in the treatment plant resulting in Interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104 degrees F (40 degrees C);

Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause Interference or Pass Through

pollutants which result in the presence of toxic gases, vapors, or fumes within the wastewater utility that may cause acute worker health and safety problems;

Trucked or hauled pollutants, except at discharge points designated by the Superintendent or designee in accordance with Chapter 13.17

Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance, repair, and/or sampling.

Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the City's NPDES permit;

Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations;

Any Storm Waters, including but not limited to water drainage from ground surface, roof leaders, catch basins, or other source, subsurface drainage or ground water, water from underground drains, sump discharges, natural springs, water accumulated in excavations, or any other drainage associated with construction unless specifically authorized by the Superintendent or designee.

Any substance that may cause effluent or any other product of the wastewater treatment plant, such as sludges, scums, and residues, to be unsuitable for reclamation and reuse. In no case may a substance discharged into the wastewater utility cause the wastewater treatment plant to fail to comply with NPDES permit requirements, receiving water quality standards, or sludge use and disposal criteria;

Detergents, surface-active agents, or other substances which might cause excessive foaming in the POTW;

Fats, oils, or greases of animal or vegetable origin in concentrations greater than 100 mg/L; Wastewater containing free, floating, or insoluble oil or grease that will solidify or become discernibly viscous at temperatures between 32 degrees and 150 degrees Fahrenheit (0 and 65 degrees Celsius)

Wastewater containing BOD, suspended solids, total nitrogen, total phosphorus, or total solids of such character or quantity that unusual attention or expense is required to handle such materials at the wastewater treatment plant; but a user may be permitted by specific, written agreement with the City to discharge said materials and pay for cost incurred in the treatment of such wastes;

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

(Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.210 National Categorical Pretreatment Standards

Users must comply with the categorical Pretreatment Standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471 (Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.220 Local Limits

A. The Superintendent or designee is authorized to establish Local Limits pursuant to 40 CFR 403.5(c ).

B. The following pollutants limits are established to protect against Pass Through and Interference. No User shall discharge wastewater that exceeds the following limits at any time for any length of time:

Pollutant	mg/L
Arsenic (As)	0.574
Cadmium (Cd)	0.032
Chromium (Cr)	0.316
Copper (Cu)	0.680
Lead (Pb)	0.359
Mercury (Hg)	0.003
Molybdenum (Mo)	0.342
Nickel (Ni)	1.321
Oil and Grease (polar n-Hexane Extractable Material (HEM))	100
Selenium (Se)	0.192
Silver (Ag)	0.800
Zinc (Zn)	1.356
Benzene	0.050
BTEX (benzene, toluene, ethyl-benzene, and xylene)	0.750

All concentrations for metallic substances are for total metal unless indicated otherwise.

C. Industrial User daily mass limits may be established under special conditions as determined by the Superintendent or designee. The following must be met when daily limits are established or required:

1. The maximum daily allowable industrial loading shall be allocated through individual wastewater discharge permits.

2. The total loading to all permitted industrial users shall not exceed the level specified below.

3. Industrial users shall monitor and report daily flows as required by the individual wastewater discharge permit.

Allocations may be revoked by the Superintendent or designee and shall not be considered property rights.

Pollutant	IU Max Daily Loading lbs/day
Arsenic (As)	2.718
Cadmium (Cd)	0.153
Chromium (Cr)	1.497
Copper (Cu)	3.218
Lead (Pb)	1.701
Mercury (Hg)	0.014
Molybdenum (Mo)	1.617
Nickel (Ni)	6.251
Selenium (Se)	0.909
Silver (Ag)	3.787
Zinc (Zn)	6.414

All concentrations for metallic substances are for total metal unless indicated otherwise.

D. Commercial User allocation. The total loading from all commercial users shall not exceed the level specified below.

Pollutant	Commercial Maximum Daily Loading lbs/day
Arsenic (As)	0.906
Cadmium (Cd)	0.051
Chromium (Cr)	0.499
Copper (Cu)	1.073
Lead (Pb)	0.567
Mercury (Hg)	0.005
Molybdenum (Mo)	0.539
Nickel (Ni)	2.084
Selenium (Se)	0.303
Silver (Ag)	1.262
Zinc (Zn)	2.138

All concentrations for metallic substances are for total metal unless indicated otherwise.

E. The Superintendent or designee may establish more stringent pollutant limits, additional site-specific pollutant limits, and/or Best Management Practices (BMPs) when, in the judgment of the Superintendent or designee, such limitations are necessary to implement Local Limits and requirements of these regulations.

(Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.230 City's Right of Revision

The City reserves the right to establish, by ordinance or in individual wastewater discharge permits, more stringent Standards or Requirements on discharges to the POTW consistent with the purpose of this ordinance. (Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.240 Dilution

No User shall ever 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 a discharge limitation unless expressly authorized by an applicable Pretreatment Standard or Requirement. The Superintendent or designee may impose mass limitations on users who are using dilution to meet applicable Pretreatment Standards or Requirements or in other cases when the imposition of mass limitations is appropriate. (Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.250 Wastewater Classification Survey

A. All Users, except residential users, shall complete and file with the Superintendent or designee a wastewater classification survey containing the following information prior to discharge into the city wastewater utility;

1. name and facility address;

2. type of services rendered and products produced;

3. principal raw materials and catalysts used;

4. plant operational characteristics;

5. water use information;

6. wastewater discharge information;

7. wastewater generation;

8. wastewater quantities and constituents;

9. wastewater pretreatment; and

10. non-discharge wastes and their disposal.

B. All Users, except residential users, obtaining a building permit for initial construction or for building expansion or remodel shall complete and submit the survey to the Superintendent or designee for review prior to approval of said building or remodel permit.

C. All Users, except residential users, shall update the wastewater classification survey on file with the public works director whenever significant changes are made in the wastewater discharge. Significant changes include without limitation, an increase or decrease in wastewater volume, concentration of materials or substances or changes in types of wastes that will last for a period exceeding normal wastewater production variations. If the normal quantity or quality of the discharge has changed, the user shall so notify the director by letter. The director may request a new submittal of the wastewater classification survey as deemed necessary.

D. The Superintendent or designee shall keep all industrial users apprised of any new federal, state or local pretreatment requirements.

(Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.260 Sector Control Programs

A. General Requirements

1. The City may establish specific sector control programs for commercial and or non significant industrial users to control specific pollutants as necessary to meet the objectives of this chapter. Pollutants subject to these sector control programs shall be controlled using, pretreatment requirements, Best Management Practices (BMPs), and or by permits as determined by the City who shall establish policies for each sector control program

2. The City shall establish an industrial user identification and characterization program through which users shall be identified for inclusion into applicable sector control programs. Once identified and included into one or more sector control programs, the facility shall be required to comply with each applicable program policy.

3. The City shall review new construction and existing facilities undergoing any physical change, change in ownership, change in operations, or other change that could change the nature, properties, or volume of wastewater discharge, to ensure that current sector control program policies are incorporated and implements.

B. Inspections

1. The city may conduct inspections of any facility with or without notice for the purpose of determining applicability and/or compliance with sector control program requirements.

2. If any inspection reveals noncompliance with any provision of a sector control program policy requirement, corrective action shall be required pursuant to the applicable sector control program policy.

C. Enforcement

1. Enforcement of this regulation is governed by the express terms herein and the enforcement provisions of 13.07.1220, Chapter 13.07 Article VIII, Chapter 13.07 Article IX, Chapter 13.07 Article X, and Chapter 13.07 Article XI.

(Ord. 3462 §9, 2011; Ord. 3459, 2011)

Article III Pretreatment of Wastewater

Sections:

13.07.400 Pretreatment Facilities

13.07.410 Additional Pretreatment Measures

13.07.420 Accidental Discharge/Slug Discharge Control Plans

13.07.400 Pretreatment Facilities

A. General Requirements

Users shall provide wastewater treatment as necessary to comply with this ordinance and shall achieve compliance with all categorical Pretreatment Standards, Local Limits, and the prohibitions set out in 13.07.200 of this code within the time limitations specified by EPA, the State, or the Superintendent (or designee), whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the User's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the superintendent or designee for review, and shall be acceptable to the Superintendent or designee before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the User form the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City under the provisions of this ordinance.

If inspection of pretreatment systems and devices by authorized personnel of the City reveals such systems are not installed or operating in conformance with the plans and procedures submitted to the City, or are not operating in compliance with the effluent limitations required by the City, the User shall make those modifications necessary to meet City requirements.

All pretreatment systems judge by the Superintendent or designee to require engineering design shall have plans prepared and signed by an engineer of suitable discipline licensed by the State of Montana.

(Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.410 Additional Pretreatment Measures

A. Whenever deemed necessary, the Superintendent or designee may require Users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage necessary to protect the POTW and determine and/or assure the User's compliance with the requirements of this section.

B. The Superintendent or designee may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. An individual wastewater discharge permit may be issued solely for flow equalization.

C. Grease, oil, and sand interceptors or other approved pretreatment devices shall be installed when, in the opinion of the Superintendent or designee, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users.

1. This includes but is not limited to mechanical repair, machining, vehicle washing or such facilities which may generate water containing petroleum fuels, oils, grease, sand, grit, or other floating or settleable materials as well as food service facilities, food manufacturing, packaging, and/or wholesale preparation, meat packing facilities, slaughter houses and other such facilities that may generate fats, oils, greases, and/or settable materials.

i. All newly constructed facilities, facilities which are remodeling or those associated with existing interference to the POTW which are covered by this section shall install an interceptor or other approved pretreatment device per 13.07.410 (C) MMC

ii. All change of use, change of occupant, and or change of menu are subject to review and requirements under this section, 13.07.410 (C) MMC and the FOG Sector Control Program

iii. A variance to the interceptor or other approved pretreatment device may be granted by a Review Committee. The Industrial Interceptor Review Committee shall consist of a representative from the Wastewater Division and Development Services staff. The variance fee for each variance considered by the Review Committee shall be established and/or amended by City Council after conducting a public hearing. Criteria for allowing a variance shall be feasibility of installation, generation potential and existing interference to the POTW. A variance may carry conditional requirements including, but not limited to, installation of a solids interceptor, hydromechanical grease interceptor (previously known as a grease trap), and/or self monitoring.

2. All interception units or other approved pretreatment devices shall be of a type and capacity approved by the Superintendent or designee, shall comply with the City's FOG Sector Control program, shall be so located to be easily accessible for cleaning and inspection.

3. Such interceptors shall be inspected, cleaned, and repaired in accordance with the City's FOG Sector Control Program by the User at their expense. This includes maintaining an updated logbook of these activities that will be submitted to Superintendent or designee upon request. Total interceptor contents shall be removed at the time of cleaning.

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

(Ord. 3528, 2014; Ord. 3501 §7, 2013; Ord. 3492, 2013; Ord. 3476 §8; Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.420 Accidental Discharge/Slug Discharge Control Plans

A. In accordance with 40 CFR 403.8(f)(1)(iii)(B)(6) the Superintendent designee shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan or other action to control Slug Discharges. The Superintendent or designee may require a User to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control Slug Discharges. An accidental discharge/slug discharge control plan shall address, at a minimum, the following:

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

2. Description of stored chemicals;

3. Procedures for immediately notifying the Superintendent or designee of any accidental or Slug Discharge, as required by Section 13.07.1050 MMC; and

4. Procedures to prevent adverse impact from any accidental or Slug Discharge. Such procedures include, but are not limited to:

a. Inspection and maintenance of storage areas,

b. Handling and transfer of materials,

c. Loading and unloading operations,

d. Control of plant site runoff,

e. Worker training,

f. Building of containment structures or equipment,

g. Measures for containing toxic organic pollutants, including solvents,

h. and/or measures and equipment for emergency response

B. Upon evaluation of The Superintendent or designee may require installation, operation and maintenance of facilities to prevent accidental discharge of such materials or substances, at the user's expense.

(Ord. 3462 §9, 2011; Ord. 3459, 2011)

Article IV. Individual Wastewater Discharge Permits

Sections:

13.07.600 Wastewater Analysis

13.07.610 Individual Wastewater Discharge Permit Requirement

13.07.620 Individual Wastewater Discharge Permitting: New Connections

13.07.630 Wastewater Discharge Permitting: Outside Jurisdiction Users

13.07.640 Individual Wastewater Discharge Permit Application Contents

13.07.650 Application Signatories and Certifications

13.07.660 Individual Wastewater Discharge Permit Decisions

13.07.600 Wastewater Analysis

When requested by the Superintendent or designee, a User must submit information on the nature and characteristics of its wastewater within 90 days of the request. The Superintendent or designee is authorized to prepare a form for this purpose and may periodically require Users to update this information. (Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.610 Individual Wastewater Discharge Permit Requirement

A. No Significant Industrial User shall discharge wastewater into the POTW without first obtaining an individual wastewater discharge permit from the Superintendent or designee, except that a Significant Industrial User that has filed a timely application pursuant to 13.07.620 MMC may continue to discharge for the time period specified therein.

B. The Superintendent or designee may require other Users to obtain individual wastewater discharge permits as necessary to carry out the purposes of this ordinance.

C. Any violation of the terms and conditions of an individual wastewater discharge permit shall be deemed a violation of this ordinance and subjects the wastewater discharge permittee to the sanctions set out in 13.07.1240 and Chapter 13.07 Article VIII MMC. Obtaining an individual 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. (Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.620 Individual Wastewater Discharge Permitting: New Connections

Any User required to obtain an individual wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this individual wastewater discharge permit, in accordance with 13.07.640 MMC, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence. (Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.630 Wastewater Discharge Permitting: Outside Jurisdiction Users

New Source and new users who are located beyond the Missoula city limits and who are required to obtain a wastewater permit shall comply with Section 13.07.620 MMC. (Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.640 Individual Wastewater Discharge Permit Application Contents

A. All Users required to obtain an individual wastewater discharge permit must submit a permit application. The Superintendent or designee may require Users to submit all or some of the following information as part of a permit application:

1. Identifying Information

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

b. Contact information, description of activities, facilities, and plant production processes on the premises;

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

3. Description of Operations.

a. A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and standard industrial classifications of the operation(s) carried out by such User. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes.

b. Types of wastes generate, and a list of all raw materials and chemicals used or stored a the facility which are, or could accidentally or intentionally be, discharged to the POTW;

c. Number and type of employees, hours, of operation, and proposed or actual hours of operation;

d. Type and amount of raw materials processed (average and maximum per day);

e. Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge;

4. Time and duration of discharges;

5. The location for monitoring all wastes covered by the permit;

6. Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary.

7. Measurement of Pollutants.

a. The categorical Pretreatment Standards applicable to each regulated process and any new categorically regulated processes for Existing Sources.

b. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the Standard or by the Superintendent or designees, of regulated pollutants in the discharge from each regulated process.

c. Instantaneous, Daily Maximum, and long-term average concentrations, or mass, where required, shall be reported.

d. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in 13.07.1080 and 13.07.1090 of this code. Where the Standard requires compliance with a BMP or pollution prevention alternative, the User shall submit documentation as required by the Superintendent or designee or the applicable Standards to determine compliance with the Standard.

e. Sampling must be performed in accordance with procedures set out in Section 13.07.1090 MMC.

8. Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge based on Section 13.07.1030 (B) MMC.

B. Incomplete or inaccurate applications will not be processed and will be returned to the User for revision.

(Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.650 Application Signatories and Certifications

A. All wastewater discharge permit applications, User reports and certification statements must be signed by an Authorized Representative of the User and contain the certification statement in Section 13.07.1130 MMC

B. If the designation of an Authorized Representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this Section must be submitted to the Superintendent or designee prior to or together with any reports to be signed by an Authorized Representative.

(Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.660 Individual Wastewater Discharge Permit Decisions

The Superintendent or designee will evaluate the data furnished by the User and may require additional information. Within ninety days of receipt of a complete permit application, the Superintendent or designee will determine whether to issue an individual wastewater discharge permit. The Superintendent or designee may deny any application for an individual wastewater discharge permit. (Ord. 3462 §9, 2011; Ord. 3459, 2011)

Article V INDIVIDUAL WASTEWATER DISCHARGE PERMIT ISSUANCE

Sections:

13.07.800 Permit Effective Period

13.07.810 Individual Permit Required Contents

13.07.820 Individual Permit Potential Additional Conditions

13.07.830 Permit Issuance Process

13.07.850 Permit Modification

13.07.860 Individual Wastewater Discharge Permit Transfer

13.07.870 Individual Wastewater Discharge Permit Revocation

13.07.880 Individual Wastewater Discharge Permit Reissuance

13.07.800 Permit Effective Period

An individual wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. An individual wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the Superintendent or designee. Each individual wastewater discharge permit will indicate a specific date upon which it will expire. (Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.810 Individual Permit Required Contents

Individual wastewater discharge permits must contain:

A. A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date;

B. A statement that the wastewater discharge permit is nontransferable without prior notification to the City in accordance with Section 13.07.860 MMC, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;

C. Effluent limits, including Best Management Practices, based on applicable Pretreatment Standards;

D. Self monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants (or best management practice) to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law.

E. The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the Discharge in accordance with Section 13.07.1030 (B) MMC.

F. A statement of applicable civil and criminal penalties for violation of Pretreatment Standards and Requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or local law.

G. Requirements to control Slug Discharge, if determined by the Superintendent or designee to be necessary.

(Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.820 Individual Permit Potential Additional Conditions

Individual wastewater discharge permits may contain, but need not be limited to, the following conditions:

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

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

C. Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges;

D. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;

E. The unit charge or schedule of User charges and fees for the management of the wastewater discharged to the POTW;

F. Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices;

G. A statement that compliance with the individual wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State Pretreatment Standards, including those which become effective during the term of the individual wastewater discharge permit; and

H. Other conditions as deemed appropriate by the Superintendent or designee to ensure compliance with this ordinance, and State and Federal laws, rules, and regulations. (Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.830 Permit Issuance Process

A. Public Notification. The Superintendent or designee will publish in a newspaper(s) of general circulation that provides meaningful public notice with the jurisdiction(s) served by the POTW, or on the City's web page, a notice to issue a pretreatment permit, at least 30 days prior to issuance. The notice will indicate a location where the draft permit may be reviewed and an address where written comments may be submitted.

B. Permit Appeals. The Superintendent or designee shall provide public notice of the issuance of an individual wastewater discharge permit. Any person, including the User, may petition the Superintendent or designee to reconsider the terms of an individual wastewater discharge permit within 14 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 individual wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the individual wastewater discharge permit.

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

4. If the Superintendent or designee fails to act within 14 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider an individual wastewater discharge permit, not to issue an individual wastewater discharge permit, or not to modify an individual wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.

5. Aggrieved parties seeking judicial review of the final administrative individual wastewater discharge permit decision must do so by filing a complaint with the Fourth Judicial Court of Montana within 8 years.

(Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.850 Permit Modification

A. The Superintendent or designee may modify an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:

1. To incorporate any new or revised Federal, State, or local Pretreatment Standards or Requirements;

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

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

4. Information indicating that the permitted discharge poses a threat to the City’s POTW, City personnel, the beneficial reuse of the POTW's sludge or the receiving waters;

5. Violation of any terms or conditions of the individual wastewater discharge permit;

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

7. Revision of or a grant of variance from categorical Pretreatment Standards pursuant to 40 CFR 403.13;

8. To correct typographical or other errors in the individual wastewater discharge permit; or

9. To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with Section 13.07.860 MMC.

(Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.860 Individual Wastewater Discharge Permit Transfer

Individual wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least ninety days advance notice to the Superintendent or designee and the Superintendent or designee approves the individual wastewater discharge permit transfer. The notice to the Superintendent or designee must include a written certification by the new owner or operator which:

A. States that the new owner and/or operator has no immediate intent to change the facility’s operations and processes;

B. Identifies the specific date on which the transfer is to occur; and

C. Acknowledges full responsibility for complying with the existing individual wastewater discharge permit.

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

(Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.870 Individual Wastewater Discharge Permit Revocation

The Superintendent or designee may revoke an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:

A. Failure to notify the Superintendent or designee of significant changes to the wastewater prior to the changed discharge;

B. Failure to provide prior notification to the Superintendent or designee of changed conditions pursuant to 13.07.060(E);

C. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

D. Falsifying self‑monitoring reports and certification statements;

E. Tampering with monitoring equipment;

F. Refusing to allow the Superintendent or designee timely access to the facility premises and records;

G. Failure to meet effluent limitations;

H. Failure to pay fines;

I. Failure to pay sewer charges;

J. Failure to meet compliance schedules;

K. Failure to complete a wastewater survey or the wastewater discharge permit application;

L. Failure to provide advance notice of the transfer of business ownership of a permitted facility; or

M. Violation of any Pretreatment Standard or Requirement, or any terms of the wastewater discharge permit or this ordinance.

Individual wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All individual wastewater discharge permits issued to a User are void upon the issuance of a new individual wastewater discharge permit to that User.

(Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.880 Individual Wastewater Discharge Permit Reissuance

A. A User with an expiring individual wastewater discharge permit shall apply for individual wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 13.07.630 MMC, a minimum of ninety days prior to the expiration of the User’s existing individual wastewater discharge.

B. An expired permit will continue to be effective and enforceable until the permit is reissued if:

1. The permittee has submitted a complete permit application at least ninety (90) days prior to the expiration date of the user’s existing permit;

2. The failure to reissue the permit, prior to expiration of the previous permit, is not due to any act or failure to act on the part of the permittee;

3. The expired permit had a duration of less than five (5) years; and

4. The continuation of the expired permit does not result in exceeding five (5) years from the date of issuance.

(Ord. 3462 §9, 2011; Ord. 3459, 2011)

Article VI. Reporting Requirements

Sections:

13.07.1000 Baseline Monitoring Reports

13.07.1010 Compliance Schedule Progress Reports

13.07.1020 Reports on Compliance with Categorical Pretreatment Standard Deadline

13.07.1030 Periodic Compliance Reports

13.07.1040 Reports of Changed Conditions

13.07.1050 Reports of Potential Problems

13.07.1060 Reports from Unpermitted Users

13.07.1070 Notice of Violation/Repeat Sampling and Reporting

13.07.1080 Analytical Requirements

13.07.1090 Sample Collection

13.07.1100 Date of Receipt of Reports

13.07.1110 Recordkeeping

13.07.1120 Hazardous Waste Discharge

13.07.1130 Certification Statement

13.07.1140 Certification of Pollutants Not Present

13.07.1000 Baseline Monitoring Reports

Within either one hundred eighty (180) days after the effective date of a categorical Pretreatment Standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing Categorical Industrial Users currently discharging to or scheduled to discharge to the POTW shall submit to the Superintendent or designee a report which contains the information listed in paragraph B, below. At least ninety (90) days prior to commencement of their discharge, New Sources, and sources that become Categorical Industrial Users subsequent to the promulgation of an applicable categorical Standard, shall submit to the Superintendent or designee a report which contains the information listed in paragraph B, below. A New Source shall report the method of pretreatment it intends to use to meet applicable categorical Standards. A New Source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

Users described above shall submit the information set forth below.

All information required in 13.07.640(A)(1)(a) MMC, 13.07.640(A)(2) MMC,13.07.640(A)(3)(a) MMC, and 13.07.640(A)(6) MMC.

Measurement of pollutants.

The User shall provide the information required in Section 13.07.640(A)(7)(a) through (e) MMC.

The User shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this paragraph.

Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the User should measure the flows and concentrations necessary to allow use of the combined wastestream formula in 40 CFR 403.6(e) to evaluate compliance with the Pretreatment Standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) this adjusted limit along with supporting data shall be submitted to the Control Authority;

Sampling and analysis shall be performed in accordance with 13.07.1090 and 13.07.1100 MMC.

The Superintendent or designee may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures;

The baseline report shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.

Certification. A statement, reviewed by the User’s Authorized Representative as defined in Section 13.07.040 (C) MMC and certified by a qualified professional, indicating whether Pretreatment Standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the Pretreatment Standards and Requirements.

Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the Pretreatment Standards, the shortest schedule by which the User will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable Pretreatment Standard. A compliance schedule pursuant to this Section must meet the requirements set out in Section 13.07.1010 MMC.

Signature and Report Certification. All baseline monitoring reports must be certified in accordance with Section 13.07.1120(A) MMC and signed by an Authorized Representative as defined in Section 13.07.040(C) MMC.

(Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.1010 Compliance Schedule Progress Reports

The following conditions shall apply to the compliance schedule required by Section

13.07.1000(B)(4) of this code:

The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the User to meet the applicable Pretreatment Standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);

No increment referred to above shall exceed nine (9) months;

The User shall submit a progress report to the Superintendent or designee no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the User to return to the established schedule; and

In no event shall more than nine (9) months elapse between such progress reports to the Superintendent or designee.

(Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.1020 Reports on Compliance with Categorical Pretreatment Standard Deadline

Within ninety (90) days following the date for final compliance with applicable categorical Pretreatment Standards, or in the case of a New Source following commencement of the introduction of wastewater into the POTW, any User subject to such Pretreatment Standards and Requirements shall submit to the Superintendent or designee a report containing the information described in Section 13.07.640(A)(6) and (7) and Section 13.07.1000(B)(2) MMC. All compliance reports must be signed and certified in accordance with Section 13.07.1130 MMC.. All sampling will be done in conformance with Section 13.07.1090 MMC.

(Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.1030 Periodic Compliance Reports

All Significant Industrial Users must, at a frequency determined by the Superintendent or designee submit no less than twice per year (August 1st for the period January 1st through June 30th and February 1st for the period July 1st through December 31st of the previous year) reports indicating the nature, concentration of pollutants in the discharge which are limited by Pretreatment Standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the Pretreatment Standard requires compliance with a Best Management Practice (BMP) or pollution prevention alternative, the User must submit documentation required by the Superintendent or designee or the Pretreatment Standard necessary to determine the compliance status of the User

Per 40 CFR 403.12(e)(2) the City may authorize an Industrial User subject to a categorical Pretreatment Standard to forego sampling of a pollutant regulated by a categorical Pretreatment Standard if the Industrial User has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the Discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the Industrial User. This authorization is subject to the following conditions:

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

2. The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than 5 years. The User must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit. See Section 13.07.640(A)(8) MMC.

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

4. The request for a monitoring waiver must be signed in accordance with Section 13.07.040 (C) MMC, and include the certification statement in Section 13.07.1130 MMC as per 40 CFR 403.6(a)(2)(ii).

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

6. Any grant of the monitoring waiver by the Superintendent or designee must be included as a condition in the User’s permit. The reasons supporting the waiver and any information submitted by the User in its request for the waiver must be maintained by the Superintendent or designee for 3 years after expiration of the waiver.

7. Upon approval of the monitoring waiver and revision of the User’s permit by the Superintendent or designee, the Industrial User must certify on each report with the statement in Section 13.07.1130 MMC, that there has been no increase in the pollutant in its wastestream due to activities of the Industrial User.

8. In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the User’s operations, the User must immediately: Comply with the monitoring requirements of Section 13.07.1030(A) MMC, or other more frequent monitoring requirements imposed by the Superintendent or designee, and notify the Superintendent or designee.

9. This provision does not supersede certification processes and requirements established in categorical Pretreatment Standards, except as otherwise specified in the categorical Pretreatment Standard

10. All periodic compliance reports must be signed and certified in accordance with Section 13.07.1130 MMC.

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

If a User subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Superintendent or designee, using the procedures prescribed in Section 13.07.1090 MMC., the results of this monitoring shall be included in the report.

(Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.1040 Reports of Changed Conditions

Each User must notify the Superintendent or designee of any significant changes to the User’s operations or system which might alter the nature, quality, or volume of its wastewater at least thirty (30) days before the change.

The Superintendent or designee may require the User to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 13.07. 640 MMC.

The Superintendent or designee may issue an individual wastewater discharge permit under Section 13.07.880 MMC or modify an existing wastewater discharge permit under Section 13.07.850 MMC in response to changed conditions or anticipated changed conditions.

(Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.1050 Reports of Potential Problems

In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, a Slug Discharge or Slug Load, that might cause potential problems for the POTW, the User shall immediately telephone and notify the Superintendent or designee of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the User.

Within five (5) days following such discharge, the User shall, unless waived by the Superintendent or designee, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the User to prevent similar future occurrences. Such notification shall not relieve the User of any expense, loss, damage, quality of receiving stream, or other liability which might be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the User of any fines, penalties, or other liability which may be imposed pursuant to this ordinance or other applicable law.

A notice shall be permanently posted on the User’s bulletin board or other prominent place advising employees who to call in the event of a discharge described in paragraph A, above. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.

Significant Industrial Users are required to notify the Superintendent or designee immediately of any changes at its facility affecting the potential for a Slug Discharge.

(Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.1060 Reports from Unpermitted Users

All Users not required to obtain an individual wastewater discharge permit shall provide appropriate reports to the Superintendent or designee as the Superintendent or designee may require. (Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.1070 Notice of Violation/Repeat Sampling and Reporting

If sampling performed by a User indicates a violation, the User must notify the Superintendent or designee within twenty‑four (24) hours of becoming aware of the violation. The User shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Superintendent or designee within thirty (30) days after becoming aware of the violation. Re-sampling by the Industrial User is not required if:

the City performs sampling at the User’s facility at least once a month, or

if the City performs sampling at the User between the time when the initial sampling was conducted and the time when the User or the City receives the results of this sampling, or

if the City has performed the sampling and analysis in lieu of the Industrial User.

(Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.1080 Analytical Requirements

All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical Pretreatment Standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the Superintendent or designee or other parties approved by EPA. (Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.1090 Sample Collection

Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data representative of conditions occurring during the reporting period, and include a chain of custody for each sampling event.

Except as indicated in Sections B and Cbelow, the User must collect wastewater samples using 24‑hour flow‑proportional composite sampling techniques, unless time‑proportional composite sampling or grab sampling is authorized by the Superintendent or designee. Where time‑proportional composite sampling or grab sampling is authorized by the City, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24‑hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the City, as appropriate. In addition, grab samples may be required to show compliance with Instantaneous Limits.

Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

For sampling required in support of baseline monitoring and 90‑day compliance reports required in Sections 13.07.1000 and 13.07.1020 MMC, a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Superintendent or designee may authorize a lower minimum. For the reports required by Section 13.07.1030 and (40 CFR 403.12(e) and 403.12(h)), the Industrial User is required to collect the number of grab samples necessary to assess and assure compliance by with applicable Pretreatment Standards and Requirements.

(Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.1100 Date of Receipt of Reports

Written reports will be deemed to have been submitted on the date postmarked. For reports, which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern. (Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.1110 Recordkeeping

Users subject to the reporting requirements of this ordinance (including documentation associated with Best Management Practices) shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this ordinance, 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;

Chain of Custody; and

The results of such analyses.

These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the User or the City, or where the User has been specifically notified of a longer retention period by the Superintendent or designee. (Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.1120 Hazardous Waste Discharge

The Industrial User shall notify the Superintendent or designee in writing of any discharge into the POTW of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the Industrial User discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the Industrial User: An identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve months. All notifications must take place within 180 days of the effective date of this rule. Industrial users who commence discharging after the effective date of this rule shall provide the notification no later than 180 days after the discharge of the listed or characteristic hazardous waste. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under 40 DFR 403.12(j). The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of 40 CFR 403.12 (b), (d), and (e).

Dischargers are exempt from the requirements of paragraph (p)(1) of this section during a calendar month in which they discharge no more than fifteen kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification.

Subsequent months during which the Industrial User discharges more than such quantities of any hazardous waste do not require additional notification.

In the case of any new regulations under section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the Industrial User must notify the POTW ot the discharge of such substance within 90 days of the effective date of such regulations.

In the case of any notification made under paragraph M of this section, the Industrial User shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

(Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.1130 Certification Statement

Certification of Permit Applications, User Reports and Initial Monitoring Waiver—The following certification statement is required to be signed and submitted by Users submitting permit applications in accordance with Section 13.07.640 MMC; Users submitting baseline monitoring reports under Section 13.07.1000(B)(5) MMC. Users submitting reports on compliance with the categorical Pretreatment Standard deadlines under Section 13.07.1020 MMC; Users submitting periodic compliance reports required by Section 13.07.1030(A) through (D) MMC, and Users submitting an initial request to forego sampling of a pollutant on the basis of Section 13.07.1030(B)(2) MMC. The following certification statement must be signed by an Authorized Representative as defined in Section 13.07.040 MMC.

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

(Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.1140 Certification of Pollutants Not Present

Users that have an approved monitoring waiver based on Section 13.071030(B) MMC must certify on each report with the following statement that there has been no increase in the pollutant in its wastestream due to activities of the User. :

Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 CFR _______ [specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of ______ [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under Section 13.07.1030(A) MMC.

(Ord. 3462 §9, 2011; Ord. 3459, 2011)

Article VII Powers Relating to Compliance and Reporting

Sections:

13.07.1200 Right of Entry: Inspection and Sampling

13.07.1210 Search Warrants

13.07.1220 Halt Discharge Authority

13.07.1230 Confidentiality Information

13.07.1240 Publication of Users in Significant Non-Compliance

13.07.1200 Right of Entry: Inspection and Sampling

The Superintendent or designee shall have the right to enter the premises of any User, carry out inspections and monitoring procedures, to determine, independent of information supplied by the Industrial Users, whether the User is complying with all requirements of this ordinance and any individual wastewater discharge permit or order issued hereunder. Users shall allow the Superintendent or designee 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.

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 Superintendent or designee shall be permitted to enter without delay for the purposes of performing specific responsibilities.

The Superintendent or designee 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.

1. The Superintendent or designee may require the User, at the User's expense, to install monitoring equipment as necessary.

2. 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.

3. All devices used to measure wastewater flow and quality shall be calibrated at a frequency in accordance with manufacturers' specifications to ensure their accuracy, unless a waiver is obtained from, or an alternative method specified by, the Superintendent or designee.

4. The location of the monitoring facility shall provide ample room in or near the monitoring facility to allow accurate sampling and preparation of samples and analysis. Whether constructed on public or private property, the monitoring facilities shall be provided in accordance with the Supervisor's requirements and all applicable local construction standards and specifications, and such facilities shall be constructed and maintained in such manner so as to enable the Superintendent or designee to perform independent monitoring activities.

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 Superintendent or designee and shall not be replaced. The costs of clearing such access shall be borne by the User.

Unreasonable delays in allowing the Superintendent or designee access to the User’s premises shall be a violation of this ordinance.

(Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.1210 Search Warrants

If the Superintendent or designee has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this ordinance or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the Superintendent or designee may seek issuance of a search warrant from the 4th District Court of Montana. (Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.1220 Halt Discharge Authority

The Superintendent or designee has the authority (after informal notice to the discharger) to immediately and effectively halt or prevent any discharge of pollutants to the POTW which reasonably appears to present an imminent endangerment to the health or welfare of persons. The POTW shall also have authority to halt or prevent any discharge to the POTW which presents or may present an endangerment to the environment or which threatens to interfere with the operations of the POTW. (Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.1230 Confidentiality Information

Information and data on a User obtained from reports, surveys, wastewater discharge permit applications, individual wastewater discharge permits, and monitoring programs, and from the Superintendent’s or designee's inspection and sampling activities, shall be available to the public without restriction, unless the User specifically requests, and is able to demonstrate to the satisfaction of the Superintendent or designee, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable State law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the User furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data, as defined at 40 CFR 2.302 shall not be recognized as confidential information and shall be available to the public without restriction. (Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.1240 Publication of Users in Significant Noncompliance

The Superintendent or designee shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of the Users which, at any time during the previous twelve (12) months, were in Significant Noncompliance with applicable Pretreatment Standards and Requirements. The term Significant Noncompliance shall be applicable to all Significant Industrial Users (or any other Industrial User that violates paragraphs (3), (4) or (8) of this Section and shall mean:

Chronic violations of wastewater discharge limits, defined here as those in which sixty‑six percent (66%) or more of all the measurements taken for the same pollutant parameter taken during a six‑ (6‑) month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement, including Instantaneous Limits as defined in Chapter 13.07 Article II MMC;

Technical Review Criteria (TRC) violations, defined here as those in which thirty‑three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six‑ (6‑) month period equals or exceeds the product of the numeric Pretreatment Standard or Requirement including Instantaneous Limits, as defined by Chapter 13.07 Article II MMC multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

Any other violation of a Pretreatment Standard or Requirement as defined by Chapter 13.07 Article II MMC (Daily Maximum, long‑term average, Instantaneous Limit, or narrative standard) that the Superintendent or designee determines has caused, alone or in combination with other discharges, Interference or Pass Through, including endangering the health of POTW personnel or the general public;

Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the Superintendent’s or designee's exercise of its emergency authority to halt or prevent such a discharge;

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

Failure to provide within forty‑five (45) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical Pretreatment Standard deadlines, periodic self‑monitoring reports, and reports on compliance with compliance schedules;

Failure to accurately report noncompliance; or

Any other violation(s), which may include a violation of Best Management Practices, which the Superintendent or designee determines will adversely affect the operation or implementation of the local pretreatment program.

(Ord. 3462 §9, 2011; Ord. 3459, 2011)

Article VIII. Administrative Enforcement Remedies

Sections:

13.07.1400 Notification of Violation

13.07.1410 Consent Orders

13.07.1420 Show Cause Hearing

13.07.1430 Compliance Orders

13.07.1440 Cease and Desist Orders

13.07.1450 Administrative Fines

13.07.1460 Emergency Suspensions

13.07.1470 Termination of Discharge

13.07.1400 Notification of Violation

When the Superintendent or designee finds that a User or Person has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, the Superintendent or designee may serve upon that User a written Notice of Violation. Within fourteen (14) days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the User to the Superintendent or designee. Submission of such a plan in no way relieves the User or Person of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this Section shall limit the authority of the Superintendent or designee to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation. (Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.1410 Consent Orders

The Superintendent or designee may enter into Consent Orders, assurances of compliance, or other similar documents establishing an agreement with any User or Person responsible for noncompliance. Such documents shall include specific action to be taken by the User or Person to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Sections 13.07.1430 and 13.07.1440 MMC and shall be judicially enforceable. (Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.1420 Show Cause Hearing

The Superintendent or designee may order a User or Person which has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, to appear before the Superintendent or designee and show cause why the proposed enforcement action should not be taken. Notice shall be served on the User or Person specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the User show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on any Authorized Representative of the User as defined in Section 13.07.040(C) MMC and required by Section 13.07.640(A) MMC. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the User. (Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.1430 Compliance Orders

When the Superintendent or designee finds that a User or Person has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, the Superintendent or designee 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. A compliance order may not extend the deadline for compliance established for a Pretreatment Standard or Requirement, nor does a compliance order relieve the User of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the User or Person. (Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.1440 Cease and Desist Orders

Immediately comply with all requirements; and

Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the User or Person.

(Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.1450 Administrative Fines

Unpaid charges, fines, and penalties shall, after thirty (30) calendar days, be assessed an additional penalty of one percent (1%) of the unpaid balance per month. A lien against the User’s or Person's property shall be sought for unpaid charges, fines, and penalties.

Users or Persons desiring to dispute such fines must file a written request for the Superintendent or designee to reconsider the fine along with full payment of the fine amount within ten (10) days of being notified of the fine. Where a request has merit, the Superintendent or designee may convene a hearing on the matter. In the event the User’s or Person's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the User or Person. The Superintendent or designee may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the User or Person.

(Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.1460 Emergency Suspensions

The Superintendent or designee may immediately suspend a User’s or Person's discharge, after informal notice to the User, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present, or cause an imminent or substantial endangerment to the health or welfare of persons. The Superintendent or designee may also immediately suspend a User’s or Person's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.

Any User notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a User’s failure to immediately comply voluntarily with the suspension order, the Superintendent or designee may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Superintendent or designee may allow the User or Person to recommence its discharge when the User or Person has demonstrated to the satisfaction of the Superintendent or designee that the period of endangerment has passed, unless the termination proceedings in Section 13.07.1470 MMC are initiated against the User or Person.

A User that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Superintendent or designee prior to the date of any show cause or termination hearing under Section 13.07.1420 or Section 13.07.1440 MMC of this code.

Nothing in this Section shall be interpreted as requiring a hearing prior to any Emergency Suspension under this Section.

(Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.1470 Termination of Discharge

In addition to the provisions in Section13.07.870 MMC, any User who violates the following conditions is subject to discharge termination:

Violation of individual wastewater discharge permit conditions;

Failure to accurately report the wastewater constituents and characteristics of its discharge;

Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;

Refusal of reasonable access to the User’s premises for the purpose of inspection, monitoring, or sampling; or

Violation of the Pretreatment Standards in Chapter 13.07 Article II MMC.

Failure to timely pay any charges assessed.

Such User will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 13.07.1420 MMC why the proposed action should not be taken. Exercise of this option by the Superintendent or designee shall not be a bar to, or a prerequisite for, taking any other action against the User. (Ord. 3462 §9, 2011; Ord. 3459, 2011)

Article IX. Judicial Enforcement Remedies

Sections:

13.07.1600 Injunctive Relief

13.07.1610 Civil Penalties

13.07.1620 Criminal Prosecution

13.07.1630 Remedies Nonexclusive

13.07.1600 Injunctive Relief

When the Superintendent or designee finds that a User or Person has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, the Superintendent or designee may petition the Fourth District Court through the City Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit, order, or other requirement imposed by this ordinance on activities of the User or Person. The Superintendent or designee may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the User or Person to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a User or Person. (Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.1610 Civil Penalties

A User or Person who has violated, or continues to violate, any provision of this municipal code, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement shall be liable to the City for a maximum civil penalty of $1,000 per day. In the case of a monthly or other long‑term average discharge limit, penalties shall accrue for each day during the period of the violation.

The Superintendent or designee may recover reasonable attorneys’ fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City.

In determining the amount of civil liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the User’s or Person's violation, corrective actions by the User or Person, the compliance history of the User or Person, and any other factor as justice requires.

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

(Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.1620 Criminal Prosecution

A User or Person who willfully or negligently violates any provision of this ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $1,000 per day, or imprisonment for not more than six (6) months, or both.

A User or Person who willfully or negligently introduces any substance into the POTW or Storm Drain System which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of at least $25,000, or be subject to imprisonment for not more than one (1) year, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under State law.

A User or person who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this ordinance, individual wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this ordinance shall, upon conviction, be punished by a fine of not more than $1,000per day, or imprisonment for not more than six (6) months, or both..

(Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.1630 Remedies Nonexclusive

The remedies provided for in this ordinance are not exclusive. The Superintendent or designee may take any, all, or any combination of these actions against a noncompliant User or Person. Enforcement of pretreatment violations will generally be in accordance with the City’s enforcement response plan. However, the Superintendent or designee may take other action against any User or Person when the circumstances warrant. Further, the Superintendent or designee is empowered to take more than one enforcement action against any noncompliant User or Person. (Ord. 3462 §9, 2011; Ord. 3459, 2011)

Article X. Supplemental Enforcement Action

Sections:

13.07.1800 Performance Bonds

13.07.1810 Payment of Outstanding Fees and Penalties

13.07.1820 Water Supply Severance

13.07.1830 Informant Rewards

13.07.1840 Contractor Listing

13.07.1800 Performance Bonds

The Superintendent or designee may decline to issue or reissue an individual wastewater discharge permit to any User who has failed to comply with any provision of this municipal code, a previous individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, unless such User first files a satisfactory bond, payable to the City, in a sum not to exceed a value determined by the Superintendent or designee to be necessary to achieve consistent compliance. (Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.1810 Payment of Outstanding Fees and Penalties

The Superintendent or designee may decline to issue or reissue an individual wastewater discharge permit to any User who has failed to pay any outstanding fees, fines or penalties incurred as a result of any provision of this ordinance, a previous individual wastewater discharge permit, or order issued hereunder. (Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.1820 Water Supply Severance

Whenever a User or Person has violated or continues to violate any provision of this municipal code, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, water service to the User may be severed. Service will recommence, at the User’s or Person's expense, only after the User has satisfactorily demonstrated its ability to comply. (Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.1830 Informant Rewards

The Superintendent or designee may pay up to five hundred dollars ($500) for information leading to the discovery of noncompliance by a User or Person. (Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.1840 Contractor Listing

Users which have not achieved compliance with applicable Pretreatment Standards and Requirements are not eligible to receive a contractual award for the sale of goods or services to the City. Existing contracts for the sale of goods or services to the City held by a User found to be in Significant Noncompliance with Pretreatment Standards or Requirements may be terminated at the discretion of the Superintendent or designee. (Ord. 3462 §9, 2011; Ord. 3459, 2011)

Article XI. Affirmative Defenses to Discharge Violations

Sections:

13.07.2000 Upset

13.07.2010 Prohibited Discharge Standards Violation

13.07.2020 Bypass

13.07.2000 Upset

. For the purposes of this Section, upset means an exceptional incident in which there is unintentional and temporary noncompliance with categorical Pretreatment Standards because of factors beyond the reasonable control of the User. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

A. An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical Pretreatment Standards if the requirements of paragraph (3), below, are met.

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

1. An upset occurred and the User can identify the cause(s) of the upset;

2. The facility was at the time being operated in a prudent and workman‑like manner and in compliance with applicable operation and maintenance procedures; and

3. The User has submitted the following information to the Superintendent or designee within twenty‑four (24) hours of becoming aware of the upset [if this information is provided orally, a written submission must be provided within five (5) days]:

a. A description of the indirect discharge and cause of noncompliance;

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

c. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

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

D. Users shall have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical Pretreatment Standards.

E. Users shall control production of all discharges to the extent necessary to maintain compliance with categorical Pretreatment Standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.

(Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.2010 Prohibited Discharge Standards Violation

A User shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in Section 13.07.200(A) MMC or the specific prohibitions in Section 13.07.200 (B) (5) through (9) MMC if it can proved that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause Pass Through or Interference and that either:

A. A Local Limit exists for each pollutant discharged and the User was in compliance with each limit directly prior to, and during, the Pass Through or Interference; or

B. No Local Limit exists, but the discharge did not change substantially in nature or constituents from the User’s prior discharge when the City was regularly in compliance with its NPDES permit, and in the case of Interference, was in compliance with applicable sludge use or disposal requirements.

(Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.2020 Bypass

For the purposes of this Section,

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

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

A User may allow any bypass to occur which does not cause Pretreatment Standards or Requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of paragraphs (C) and (D) of this Section.

Bypass Notifications

If a User knows in advance of the need for a bypass, it shall submit prior notice to the Superintendent or designee, at least ten (10) days before the date of the bypass, if possible.

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

Bypass

Bypass is prohibited, and the Superintendent or designee may take an enforcement action against a User for a bypass, unless

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

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

The User submitted notices as required under Section 13.07.2020(C) MMC.

The Superintendent or designee may approve an anticipated bypass, after considering its adverse effects, if the Superintendent or designee determines that it will meet the three conditions listed in Section 13.07.2020 (1) MMC.

(Ord. 3462 §9, 2011; Ord. 3459, 2011)

Article XII. High Strength Wastewater Treatment Rates

Sections:

13.07.2200 Excess User Charges

13.07.2210 Basis for Excess User Charges

13.07.2200 Excess User Charges

Users, except residential users, required to obtain an Individual Wastewater Discharge Permit and discharging wastes in excess of average strength sewage shall pay excess user charges in lieu of flat wastewater utility fees, as prescribed by Section 13.08.010 MMC. (Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.2210 Basis for Excess User Charges

Sampling, analyses, and reporting requirements to determine the excess user charge shall be a condition of the user's Individual Wastewater Discharge Permit and shall be carried out in accordance with procedures as defined in Sections 13.07.1080 and 13.07.1090 MMC. (Ord. 3462 §9, 2011; Ord. 3459, 2011)

Article XIII. Miscellaneous Provisions

Sections:

13.07.2400 Pretreatment Charges and Fees

13.07.2410 Significant Industrial User Permit Fee

13.07.2400 Pretreatment Charges and Fees
The City may adopt reasonable fees for reimbursement of costs of setting up and operating the City’s Pretreatment Program, which may include:

A. Fees for wastewater discharge permit applications including the cost of processing such applications;

B. Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a User’s discharge, and reviewing monitoring reports and certification statements submitted by Users;

C. Fees for reviewing and responding to accidental discharge procedures and construction;

D. Fees for filing appeals;

E. Fees to recover administrative and legal costs (not included in 13.07.2400(B)) associated with the enforcement activity taken by the Superintendent or designee to address IU noncompliance; and

F. Other fees as the City may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this code and are separate from all other fees, fines, and penalties chargeable by the City.

(Ord. 3462 §9, 2011; Ord. 3459, 2011)

13.07.2410 Significant Industrial User Permit Fee

Per Section 13.07.2400(A) MMC a Significant Industrial User shall pay an annual permit fee of $150.

(Ord. 3462 §9, 2011; Ord. 3459, 2011)

Title 13.08

SEWER SERVICE CHARGES*

Sections:

13.08.005 Service area.

13.08.010 City sewer use fees to be established and adopted by resolution.

13.08.020 Connection permit‑‑Fees and regulations.

13.08.025 Repealed.

13.08.030 Statutory compliance requirement.

13.08.040 Use of system deemed contractual agreement.

13.08.050 Property assessment after completion of sewer and/or annexation‑‑Exception.

13.08.060 Applicability of charges‑‑Annual payments.

13.08.070 Penalty for failure to pay on due date.

13.08.080 Sewer development fee.

13.08.090 Discontinuance of provisions of city service to property by city.

13.08.100 Reestablishment of disconnected city sewer service.

13.08.005 Service area.

A. The service area of the municipal sanitary sewer system is that area lying within the incorporated limits of the city.

B. The service area of the municipal sanitary sewer also includes those areas lying within the county of Missoula, but outside the city limits, with which the city has specifically contracted for the provisions of city sewer services pursuant to 7‑13‑4312 and 7‑13‑4316, MCA.

C. A service copy of a map depicting the municipal sanitary sewer system area shall be maintained for public inspection in the Public Works and Development Services offices.

(Ord. 3492, 2013; Ord. 2145 §§1, 2, 3, 1980).

* Editor's Note: Sewer use charges are on file in the office of the city clerk.

13.08.010 City sewer use fees to be established and adopted by resolution.

A. Pursuant to Mont. Code Ann. § 7-13-4304, a municipal governing body shall fix and establish by ordinance or resolution the rates, rentals and charges for sanitary services, facilities and benefits afforded by the sanitary sewer system. While the City of Missoula has historically established its sanitary sewer rates, rentals and charges pursuant to uncodified ordinances, it is the City’s desire in the future to establish its sanitary sewer rates, rentals and charges pursuant to City Council resolution.

B. The City Council shall fix and establish by resolution the sanitary sewer rates, rentals and charges for the benefits afforded by the City’s sanitary sewer system. A copy of the resolution shall be placed on file in the City Clerk, City Finance/Treasurer and Development Services office.

(Ord. 3492, 2013; Ord. 3079, 1998, Ord. 2920, 1994)

13.08.025 Repealed. (Ord. 3336, 2007; Ord. 3070, 1998)

13.08.020 Connection permit -- Fees and regulations- Collection.

A. Prior to the issuance of an excavation permit for connection of a building to a City sanitary sewer main, a connection fee shall be paid to the City when connecting a building to:

1. A sanitary sewer main that was financed by general obligation bond funds.

2. A sanitary sewer main that was financed by special improvement district bonds and the property connecting to the sewer main was not included nor assessed in the special improvement district.

3. A sanitary sewer main that was financed by private funds or public funds and the property connecting to the sewer main did not contribute monetary funds or other valuable consideration to construct the sewer main nor paid the private sewer rebate in accordance with Section 13.04.100.

B. The amount of the connection fee shall be $25 per front foot of property adjacent to or closest property frontage adjacent to the sewer main that the property is connecting.

C. Use of Connection Fees: All funds received in payment of a connection fee per this Section 13.08.020 shall be deposited in the sewer fund.

D. The City may enter into agreements to accept other considerations from properties in lieu of or as a credit toward the connection fee required in this section. (Ord. 3045, 1997; Ord. 2791 §1, 1991; Ord. 2529, 1986; Ord. 2380(part), 1984: prior code §27‑48).

13.08.030 Statutory compliance requirement.

A. Any person owning or leasing property outside the corporate limits of the city now connected with the system of sanitary sewers shall be subject to the provisions of this chapter. As a condition and a prerequisite for the continuing use of the sanitary sewerage system, the building inspector may, upon demand, inspect the plumbing on such property and require the owner to comply with the latest provisions of this code.

B. The plumbing upon any property which is to be connected with the city sewerage system shall comply with the provisions of this code. (Prior code §27‑49).

13.08.040 Use of system deemed contractual agreement. All users of the sewerage system shall be deemed to have contracted with the city for such service and thereby to have agreed to pay the sewage disposal charges and to comply with the city's regulations in regard thereto. (Prior code §27‑50).

13.08.050 Property assessment after completion of sewer and/or annexation‑‑Exception.

A. At any time after the completion within the city limits of any part or portion of the city's municipal sanitary sewerage system and after such part or portion shall have been certified by the city engineer as ready for use, all properties immediately connecting to the sewerage system shall be billed with the next regular billing cycle. The city clerk shall send a notice to the owners of all properties not immediately connecting to the sewerage system, but which have water service or a well connecting to a building and thus are capable of producing sewage and are adjacent to or abutting the sewer lateral, that they will be assessed for sewer use charges set forth in this chapter with the first regular sewer billing after the expiration of six months from the date of said notice.

B. Upon discovery of properties within city limits and which have water service or a well connecting to a building and thus are capable of producing sewage and are adjacent to or abutting the sewer lateral, but are not yet connected to the sewerage system, the city clerk shall send a notice to the owners of the properties or their agents, that they will be assessed for sewer use charges set forth in this chapter with the first regular sewer billing after the expiration of six months from the date of said notice.

C. After city annexation of any real property into the city, the city council shall have the power, after one year's notice to owners or agents of owners of property within an area served by part of the city's municipal sanitary sewerage system that the city shall assess against any such property adjacent to or abutting a municipal sewer lateral, the sewer use charges set forth in this chapter, whether such property be connected to the sewerage system or not; provided, however, that the property has water service or a well connecting to a building thus is capable of producing sewage. The city clerk shall be responsible for notification of property owners pursuant to this section after the matter is referred to and acted upon by the city council. (Ord. 2644 §1, 1989: prior code §27.51).

13.08.060 Applicability of charges‑‑Annual payments.

A. A charge for sewer use shall be made and collected from each property owner whose property is subject to this chapter, whether the property is within or without the limits of the city, such charges to be made on an annual basis, to become due and payable in advance semi‑annually upon dates selected by the city. For all property owners who become liable for sewer charges during a year, the charges shall be prorated on a basis of the time remaining in that year. All sewer charges shall be and remain a lien upon the real property subject to the charges until paid.

B. The city may, in addition to pursuing the collection of assessments in the same manner as a tax, bring suit in any court of competent jurisdiction, including city court, to collect the amount due and owing, including penalties and interest, as a debt owing the city. (Ord. 2558 §l, 1987: prior code §27‑52).

13.08.070 Penalty for failure to pay on due date.

A. Ten percent penalty shall be assessed against any sewer user for failure to pay the sewer assessment charges on the due date of each and every periodic billing. Such ten percent shall be computed upon the amount of the assessment for each user.

B. The due date referred to in this‑ section shall appear on each and every assessment notice. (Prior code §27‑54).

13.08.080 Sewer development fee.

A. Sewer Development Fee.

1. Any party desiring to connect to the sanitary sewer system shall be subject to the sewer development fee for the following amounts per capacity unit:

$1,400 per capacity unit; or

2. Existing plumbed buildings within the City limits as of the effective date of this ordinance shall have a sewer development fee per capacity unit at:

$350 per capacity unit until January 1, 2009.; or

3. Existing plumbed buildings outside the City limits within the approved City Wastewater Facilities Service Area, shall have a sewer development fee per capacity unit at:

$950 per capacity unit until January 1, 2009.

B. Capacity Unit. For purposes of this ordinance, a capacity unit will be determined by the size of the water meter for potable water servicing the unit or facility connecting to the sanitary sewer system. The capacity units will be determined as follows:

1.	Water Meter Size	Capacity Unit
	5/8 inch	1.0
	3/4 inch	1.5
	1 inch	2.5
	1½ inches	5.0
	2 inches	8.0
	3 inches	15.0
	4 inches	25.0
	6 inches	50.0
	8 inches	90.0

2. For those units or facilities without a water meter, the capacity unit shall be determined by the water meter size in a facility or unit that is a similar size and similar use to the one seeking to connect to the sewer.

3. A water meter attached to a water line that is devoted exclusively to providing fire protection services or landscape irrigation services shall be exempt from the sewer development fee and shall not be considered in determining the capacity units.

4. The sewer development fee for an industrial or commercial facility which uses water to produce a product containing water may be revised by Development Services director or designee based upon the designed average daily sewer flow as submitted by the engineer or the architect of the facility. One capacity unit equals two hundred thirty eight gallons per day.

C. Exemptions. All properties currently being assessed the sewer use charge per Section 13.08.010, Missoula Municipal Code as of the effective date of Ordinance #2459, 1985 shall be exempt from paying the sewer development fee except as provided in Section D.

D. Water Meter Increase. Whenever a customer requests a permit to connect to an existing larger or additional sewer service or requests a larger or additional sewer service and in addition installs a larger sized water meter, said customer shall pay to the City an incremental sewer development fee based upon subtracting the smaller capacity unit with the existing water meter from the larger capacity unit with new water meter. No refund shall be made to any sewer user who decreases his total capacity units.

E. Credit for Excess Capacity. After the effective date of this ordinance, when an applicant is required to pay for sewer improvements that are extra capacity general benefit facilities, the applicant may request that the cost for the extra capacity paid by the applicant become a credit against the sewer development fee for properties of the applicant served by installed sewer improvements. The Development Services director, or designee is to determine the amount of the credit based upon the cost of the approved extra capacity general benefit facilities.

F. Payment. The sewer development fee is to be paid in full by the party seeking connection before a sewer connection permit for connection of the sewer to a building is issued.

G. Payment Alternatives. Arrangements for alternative means of payment may be made as described in the following:

1. The sewer development fee may be paid through a special improvement district at the discretion of the City.

2. The sewer development fee may be considered part of the costs of the sewer connection in the Sewer Loan Program per Chapter 3.18 of the Missoula Municipal Code.

3. a. Property owner whose sewer development fee for a water connection will exceed $5,000.00 may execute a written agreement with the City to pay any required sewer development fee in equal semi-annual payments for a number of years not exceeding a total of five years with no interest charge on the outstanding balance owed for the sewer development fee. These equal semi-annual installments shall be due and payable on November 30 and May 31 of each year. In addition to the required sewer development fee, property owner shall pay a $50.00 administrative cost fee per sewer connection to the City to initiate and administer this agreement. The administrative fee is to be paid to the City prior to the initiating the agreement and deposited in the City General Fund.

b. Sewer development fee semi-annual payments not paid on the due date shall be a lien upon the real property subject to the fee until paid and shall be assessed a penalty as per Section 13.08.070.

H. Use of Fee. All funds received in payment of the sewer development fee shall be deposited in a segregated account. Funds shall be expended for expansion inclusive of payment of debt service for general benefit sewerage facilities. General benefit sewerage facilities are defined as public sewer treatment facilities, public sewer lift stations, and public sewer collection system except sewer mains less than 10 inches in diameter. Expenditures of these funds shall be set forth by the City Council in its Capital Improvements Program and/or Annual Budget.

I. Appeals. A decision made by the Development Services Director under this ordinance may be appealed to the Sewer Use Fee Appeals Committee per Section 9, Chapter 13.08.010 Of the Missoula Municipal Code. (Ord. 3492, 2013; Ord. 3329, 2006; Ord. 3186, 2001; Ord. 2791 §2, 1991; Ord. 2588, 1987; Ord. 2528 §§7, 8, 1987; Ord. 2459, 1985).

13.08.090 Discontinuance of provisions of city service to property by city.

A. The city public works department shall be authorized to discontinue city wastewater collection and treatment service, hereinafter called "sewer service," to any sewer service customer for violation of any city sewer use rules, or failure of the owner of a property connected to city sewer service pursuant to contract sewer to agree to annexation to the city when the city requests annexation, or for nonpayment of sewer use bills once the following discontinuance of city sewer service procedure has been complied with:

1. A record of efforts by city officials or employees to induce the consumer to comply with the city's sewer use rules, or to pay outstanding sewer bills must exist and be maintained by city officials or employees;

2. In the case of outstanding sewer bills, prior to discontinuing city sewer service, there must exist evidence in city records that the delinquency or outstanding bill has existed for three or more billing periods, and that a postcard billing, as well as a written letter notice sent first class mail, were mailed to the property owner which at least in part gave notice of the delinquency or outstanding bill;

3. Advance written notice of the city's intent to discontinue city sewer service as of a certain date must be posted on the real property to be discontinued as well as given or sent to the property owner pursuant to either personal service or certified mail. This notice shall inform the property owner of their right to immediately contact the city public works department, Missoula City Hall, between the hours of eight a.m. and five p.m. Monday through Friday, except legal holidays, for the purpose of immediately requesting a hearing before the city sewer use appeals committee, which committee shall be comprised of the city public works director, city sewer plant superintendent, city finance officer, mayor and chairperson of the public works committee. This hearing shall be scheduled within fifteen days of the date of the written notice of intent to discontinue city sewer service. The purpose of this hearing shall be to afford the property owner an opportunity to appeal the city's decision to discontinue city sewer service to their property in order to afford the property owner a reasonable assurance against erroneous or arbitrary withholding of essential sewer services. A written copy of the city sewer use appeals committee's decision shall be given to the property owner, as well as the city council.

4. All sewer service disconnections shall be performed between the hours of eight a.m. and twelve noon, and in no case shall service be disconnected on Friday, Saturday, Sunday or the day before a city‑celebrated legal holiday. City costs incurred in disconnecting sanitary sewer service or those costs incurred if the city must subcontract for the performance of any discontinuance work, shall become a lien on the real property disconnected and shall be filed immediately with the county clerk and recorder.

B. City officials or employees may immediately discontinue city sewer service to a property without following the procedure established in subsection A of this section when in the estimation of the public works director and the sewer plant superintendent an emergency situation exists which requires such a course of action in order to protect the city wastewater treatment plant process, operations or collection. Such an emergency may include but is not limited to illegal sewer connections, tampering or damaging city sewer lines or equipment, or the deposit of any hazardous wastes or any materials whose deposit into the city sewer liens or wastewater treatment plant is prohibited. (Ord. 2481 §1, 1986).

13.08.100 Reestablishment of disconnected city sewer service. A property owner may reestablish city sewer service to their property with the permission of the city sewer use appeals committee if the property owner has paid all outstanding sewer service bills, as well as costs or liens associated with the discontinuance of the service and pays all city reconnection fees and all other charges associated with actually reconnecting the service to the property. (Ord. 2481 52, 1986) .

Title 13.10

PHOSPHORUS CONTENT OF WASTEWATER DISCHARGES

Sections:

13.10.010 Legislative intent and purpose.

13.10.020 Definitions.

13.10.030 Application of chapter.

13.10.040 Prohibited phosphorus compounds.

13.10.050 Exceptions.

13.10.060 Labeling.

13.10.070 Penalty.

13.10.080 Annual report.

13.10.010 Legislative intent and purpose. The intent and purpose of this chapter shall be to:

A. Set forth regulations, prohibitions and requirements pertaining to phosphorus compounds for direct and indirect discharges into the city wastewater collection and treatment system enabling the city to better attempt to comply with the Montana Pollution Discharge Elimination System Permit.

B. Generally protect the health, safety and welfare of residents of the city and downstream users of the Clark Fork River with respect to quality of water available to them.

C. Prescribe powers and duties of the city and the city/county health department to be exercised within their jurisdictional area within the city limits and within three miles of the city limits. (Ord. 2643 §1(part), 1989).

13.10.020 Definitions. As used in this chapter:

A. "Chemical water conditioner" means a water softening chemical or other substance containing phosphorus which is intended to treat water for use in machines for washing laundry.

B. "Commercial establishment" means any premises used for the purpose of carrying on or exercising any trade, business, profession, vocation or commercial or charitable activity, including but not limited to laundries, hotels, motels and food or restaurant establishments.

C. "Household cleaning product" means any product including but not limited to soaps, detergents, laundry bleaches and laundry additives used for domestic or commercial cleaning purposes, including but not limited to, the cleaning of fabrics, dishes, food utensils and household and commercial premises. "Household cleaning product" does not mean foods, drugs, cosmetics or personal care items such as toothpaste, shampoo or hand soap.

D. "Person" means any individual, proprietor of a commercial establishment, corporation, municipality, the state or any department, agency or subdivision of the state, and any partnership, unincorporated association, or other legal entity.

E. "Phosphorus" means elemental phosphorus.

F. "Trace quantity" means an incidental amount of phosphorus which is not part of the household cleaning product formulation, and is present only as a consequence of manufacturing, and does not exceed one‑half percent of the content of the product by weight expressed as elemental phosphorus. (Ord. 2643 §1(part), 1989).

13.10.030 Application of chapter. The provisions of this chapter shall be enforced by the city and the city/ county health department and will apply to persons engaged in the sale or commercial distribution of products that have as their substantive content prohibited phosphorus compounds within the city and within three miles of the city limits. (Ord. 2643 §1(part), 1989).

13.10.040 Prohibited phosphorus compounds.

A. No household or commercial cleaning product shall be distributed, sold, offered or exposed for sale within the city or within three miles of the city limits if it contains phosphorus in concentrations in excess of a trace quantity, except as provided in this chapter, except that no dishwashing detergent may be distributed, sold, offered, or exposed for sale if it contains phosphorus in excess of 8.7 percent by weight expressed as elemental phosphorus.

B. No chemical water conditioner or softener which contains more than twenty percent phosphorus by weight may be distributed, sold, offered or exposed for sale within the city limits or within three miles of the city limits. (Ord. 2643 §1(part), 1989).

13.10.050 Exceptions. The following cleaning agents and other products containing phosphorus are exempt from the provisions of this chapter:

A. Those used in food or beverage processing;

B. Those used for industrial processes or for cleaning food and beverage processing equipment, medical or surgical equipment or dairy equipment; and

C. Those existing stocks of phosphorus cleaning products and water conditioners which are offered for sale within the city and within three miles of the city limits, for a period of six months after adoption of the ordinance codified in this chapter. (Ord. 2643 §1(part), 1989).

13.10.060 Labeling.

A. None of the products listed in this section shall be offered for sale unless the item is clearly labeled with the percent elemental phosphorus content to the nearest one tenth of one percent accuracy, except that products which contain a trace quantity may be labeled "contains no phosphorus," "contains no phosphates," or similar labeling which makes a clear statement that phosphorus is not present in the product.

B. Products Requiring Labeling.

1. Powdered or liquid laundry detergents and soaps;

2. Powdered laundry bleaches;

3. Powdered laundry chemical water conditioners;

4. Powdered laundry presoak products;

5. Powdered and liquid automatic dishwasher detergents and soaps. (Ord. 2643 §1(part), 1989).

13.10.070 Penalty. A person involved in the sale or commercial distribution of any phosphorus compound prohibited by this chapter who is unaware of the provisions of this chapter, shall for a first offense of this chapter be notified of such noncompliance by either the city or by the city/county health department and shall be given ten days from receipt of such notice to comply with the provisions of this chapter. Failure to comply with this chapter following this ten‑day period shall be a misdemeanor. A minimum fine of fifty dollars shall be imposed for each violation of this chapter. The maximum penalty that may be imposed shall be five hundred dollars and no imprisonment may be imposed. Each day a violation exists shall constitute a separate and independent violation of this chapter. (Ord. 2643 §1(part), 1989).

13.10.080 Annual report. On or before the first day of August of each year the public works director and the city/county health department shall prepare a summary of the reports transmitted to state and federal agencies during the previous twelve‑month period as required by the Montana Pollution Discharge Elimination System permit issued to the city under date of August 1, 1988. The said summary shall be submitted to the mayor and the city council on or before the fifteenth day of August of each year. (Ord. 2643 §1 (part) , 1989) .

Title 13.11

WATER DEVELOPMENT FEES (Repealed)

[Codifier’s note: In 2016, Chapter 13.11 was repealed]

Sections:

13.11.010 Repealed.

13.11.020 Repealed.

13.11.010 Repealed (Ord. 3576, 2016; Ord. 3044, 1997)

13.11.020 Repealed. (Ord. 3576, 2016; Ord. 3044, 1997)

Title 13.12

PROTECTION OF WATER MAINS (Repealed)

Sections:

13.12.010 Repealed.

13.12.020 Repealed.

13.12.010 Repealed. (Ord. 3576, 2016; Ord. 3492, 2013; Prior code §24‑56).

13.12.020 Repealed. (Ord. 3576, 2016; Ord. 2256 §1, 1982).

Title 13.16

DRAIN LAYERS

Sections:

13.16.010 License‑‑Required‑‑Exception.

13.16.020 License‑‑Application.

13.16.030 License‑‑Suspension.

13.16.040 Use of licensee's name by other persons.

13.16.050 Permit‑‑Required.

13.16.060 Permit‑‑Application.

13.16.070 Permit‑‑Old sewers.

13.16.010 License‑‑Required‑‑Exception. No person shall engage in or conduct the business of sewer connecting or house drainage, or excavate any trenches for sewer pipes; or open, uncover or in any manner make connection with or lay any sewer or drain; or attach to, modify or repair any appurtenances to sewer connection with the sewers in the streets or alleys or with any private sewer or drain in the city, without holding the proper license for such work from the city council of the city, excepting only persons operating under special contract with the city for such work. (Prior code §27‑27).

13.16.020 License‑‑Application. The application for license shall be presented to the city council and endorsed by the superintendent of sewers. No person shall receive such license who does not have an established place of business within the city, and who shall not first have furnished the superintendent of sewers with satisfactory evidence of their qualifications to ply their trade in accordance with the requirements of this chapter and the rules and regulations for the conduct of such work. (Prior code §27‑28).

13.16.030 License‑‑Suspension.

A. Willful or repeated violation of any of the regulations contained in this chapter or of the directions of the superintendent of sewers or of any of his inspectors shall be cause for temporary suspension of the license of the offender by the superintendent of sewers, pending final suspension by the city council, in addition to any other penalties that may be imposed under this code.

B. The suspension shall operate until the penalties are paid and until the license is restored by the city council; nor shall the suspension give the offending party the right to the return of money paid for such license. (Prior code §27‑29) .

13.16.040 Use of licensee's name by other persons. No person engaged in the business of sewer connecting and drain laying shall allow his name to be used by any other person directly or indirectly, either to obtain a permit or to do work under his license or bond. (Prior code §27‑30).

13.16.050 Permit‑‑Required. Before commencing the construction, reconstruction or repair of any sewer or sewer connection, drain or cesspool, the drain layer shall first obtain a written permit from the superintendent of sewers, and such permit shall be upon the ground at all times during the progress of work and must be shown to any officer in authority on demand. (Prior code §27‑32).

13.16.060 Permit‑‑Application. All applications for permits required by Section 13.16.050 must be made in writing upon the proper blanks for that purpose, signed by the owner or his authorized agent. When it is required, they shall be accompanied by a plan showing the whole course of the drain which is to be constructed, together with the size of the same, the location of all branches, depth of drain below floor of building and such other information as may be required by the superintendent of sewers for the proper direction of the work. If the drain is to be connected with a sewer built by private parties or to pass through property not owned by the applicant, the written consent of the owner must be procured and filed with the application before the permit is issued. (Prior code §2733).

13.16.070 Permit‑‑old sewers. All applicants for permits to connect old house sewers with a new system shall be subject to the same conditions, rules and regulations as are prescribed for new connections so far as it is possible to secure same. (Prior code §27‑34).

_{Chapter 13.17}

_{WASTE HAULER REGULATIONS}

_{[Codifier’s
note: In 2011, Title 13.18 was repealed
in its entirety and Title 13.17 was enacted.]}

_Articles:

_{I. GENERAL
PROVISIONS}

_{II. WASTER HAULER PERMIT REQUIREMENTS}

_{III. GENERAL HAULED WASTE/TRANSPORTER REQUIREMENTS}

_{IV. REPORTING REQUIREMENTS}

_{V. ENFORCEMENT
REMEDIES}

_{ARTICLE I.}

_{GENERAL PROVISIONS}

_Sections:

_{13.17.010 Purpose and Policy}

_{13.17.020 Administration}

_{13.17.030 Definitions}

_{13.17.010 Purpose and Policy}

_{This
section of the Missoula Municipal Code (MMC) sets forth uniform requirements
for Indirect Dischargers of Hauled Domestic, Commercial and Industrial Wastes
to the Publicly Owned Treatment Works (POTW) of the city of Missoula and enables
the city of Missoula to comply with all applicable State and Federal Laws,
including the Clean Water Act (33 United States Code 1251 et seq.) and the
General Pretreatment Regulations (40 Code of Federal Regulations Part 403). Nothing in the code is intended to conflict
with, or otherwise invalidate any requirement or procedure or standard
specified in title 13.07 Pretreatment/Industrial Wastewater applicable to
sources of Indirect Discharge.}

_{This
portion of the code shall apply to all Users that generate and/or pick up, transport, and dispose of any hauled
waste at the POTW's Designated Disposal Station(s). Discharge of any trucked or hauled waste at a
location other than a Designated Disposal Station shall be a violation of this
code. This code authorizes the issuance
of wastewater discharge permits with applicable controls, establishes
prohibited discharge standards, requires the use of a manifest system, provides
for monitoring, compliance, and enforcement activities, requires User
reporting, and provides for the setting of fees for the equitable distribution
of costs resulting from the program established herein.}

_{(Ord.
3460, 2011)}

_{13.17.020 Administration}

_{Except
as otherwise provided herein, the Control Authority (City of Missoula) shall administer,
implement, and enforce the provision of this rule. Any powers granted to or
duties imposed upon the Wastewater Division Superintendent may be delegated by
the Wastewater Division Superintendent to a duly authorized City of Missoula
employee. (Ord. 3460, 2011)}

_{13.17.030 Definitions}

_{Unless
a provision explicitly states otherwise, the following terms and phrases, as
used in the code, shall have the meanings hereinafter designated for the
purposes of controlling the discharges of hauled wastes to the POTW. Where a definition does not appear below
additional definitions applicable to the Pretreatment Program may be found at
MMC 13.07 Wastewater Pretreatment Regulations}

_A._{“Approved
POTW Pretreatment Program” means a program administered by a POTW that meets
the criteria established in 40 CFR sections 403.8 and 403.9 and approved by a
Regional Administrator or State Director in accordance with 40 CFR Section
403.11 of the General Pretreatment Regulations (40 CFR Part 403).}

_B._{“City” means City of Missoula}

_C._{“Composite
Sample” For sampling of hauled or trucked waste, a time composite sample shall
generally be employed. The sample
collection requirements shall be specified by the Control Authority. A time composite sample shall consist of a
minimum of three (3) grab samples, composited into a single sample. Grab
samples collection shall be equally distributed across the discharge volume, at
the beginning, 33% of discharge, 66% discharge, and near the end. The POTW shall require the hauler to increase
the number of grab samples if the POTW believes that the resultant sample is
not representative.}

_D._{“Control
Authority” means the City of Missoula}

_E._{“Designated
Disposal Station” means a site, authorized by the Control Authority, at which
the User is allowed to discharge hauled or trucked waste.}

_F._{“Domestic-Only
Wastes” means}

_1._{Wastewater
from normal residential activities, including, but not limited to, wastewater
from kitchen, bath, and laundry facilities, or}

_2._{Wastewater
from the personal sanitary conveniences (toilets, showers, bathtubs, fountains,
non-commercial sinks, and similar structures) of commercial, industrial or
institutional buildings, provided that the wastewater exhibits characteristics
which are similar to those of wastewater from normal residential activities.
Specifically excluded from this definition is wastewater from commercial,
industrial, or institutional car washes
or food preparation facilities.}

_G._{“Domestic-Only
Source” means a generator of Domestic-Only Waste.}

_H._{“Generator”
means the User who is the source of the waste that is delivered for disposal at
the POTW by the Transporter.}

_I._{“Grease Trap” Defined in the Uniform Plumbing Codes (UPC)
to mean something designed to retain grease from 1 to a maximum of 4
fixtures. A Grease Trap is not
appropriate for use on Heated water (from a dishwasher) or in line to a waste
disposal unit (garbage disposal, grinder, etc.).}

_J._{“Grease Interceptor” Described by the Uniform Plumbing Codes to
mean a tank (minimum of 750 gallons and water tight) to serve one or more fixtures
and remotely located. Grease
interceptors may capture wastewater from dishwashers, floor drains, pot and pan
sinks, etc. Grease Interceptors are
commonly required to be installed for restaurants, food service operations,
etc.}

_K._{“Grease
Interceptor Waste” Waste produced from a
Grease Interceptor}

_L._{“Grease
Interceptor Source” A Generator of Grease interceptor Waste}

_M._{“Hauler,” “Septic Hauler,” “Waste
Hauler,” or “Transporter” means any person or company authorized by the Control
Authority to pick-up, transport, and dispose of Domestic-only, Grease
Interceptor Wastes, and/or Industrial wastes at the POTW's Designated Disposal
Station(s). A source of Indirect
Discharge.}

_N._{“Hazardous
Waste” means any liquid, semi-liquid, or
solid waste (or combination of wastes) which because of its quantity,
concentration, physical, chemical, or infectious characteristics may:}

_1._{Have
any of the following characteristics: toxic, corrosive, an irritant, a strong
sensitizer, flammable or combustible, explosive, or otherwise capable of
causing substantial personal injury or illness; and/or}

_2._{Pose
a substantial hazard to human health or the environment when improperly
treated, stored, transported, or disposed of, or otherwise improperly managed,
or is identified or listed as a hazardous waste as defined by the U.S.
Environmental Protection Agency (EPA) pursuant to the Federal "Solid Waste
Disposal Act, as amended by the "Resource Conservation and Recovery Act of
1976" and as may be amended in the future.}

_O._{“Indirect Discharge or Discharge”
means the introduction of pollutants into a POTW from any non-domestic
source. This includes any hauled or
trucked wastes disposed of at a POTW.
The source(s) of indirect discharge shall be the transporter and
generator of the waste.}

_P._{“Individual Wastewater Disposal
System” means a septic tank, cesspool or similar self-contained receptacle or
facility which collects and/or treats or otherwise disposes of domestic,
residential wastewater and which is not connected to the wastewater treatment system
of the POTW.}

_Q._{“Manifest”
means a written document required by the Control Authority that specifies,
among other things, the source and nature of wastewaters to be discharged to
the Designated Disposal Station(s).}

_R._{“Manifest
System” means a system consisting of a document that records information and
data on the generation, transportation, and disposal of waste.}

_S._{“Permit”
means the formal written document issued by the Control Authority authorizing a
person to discharge hauled waste at a POTW designated Disposal Station}

_T._{“Publicly
Owned Treatment Works (POTW)” means a treatment works, as defined by section
212 of the Act (33 U.S.C. section 1292), which is owned by the City. This definition includes any 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.}

_{(Ord.
3460, 2011)}

_{ARTICLE II.}

_{WASTE HAULER PERMIT REQUIREMENTS}

_Sections:

_{13.17.200 Application}

_{13.17.210 Permit}

_{13.17.220 Permit Renewal}

_{13.17.230 Permit Suspension and Revocation}

_{13.17.200 Application}

_A._{No
person or business shall discharge hauled wastes at the City's Designated
Disposal Area(s) until a Hauled Waste discharge permit has been obtained in
accordance with these Rules and Regulations.}

_B._{A permit application provided by
the Control Authority must be completed prior to receiving a Hauled Waste
Discharge Permit. The Wastewater
Superintendent or designee may require a hauler to submit all or some of the
following information as part of the application:}

_1._{A
statement of the Company/Individuals name, address, telephone number, and date
of application.}

_2._{Individual
providing the information and his/her title and telephone number}

_3._{Identification
of all vehicles owned and/or operated by the applicant for use in collecting
and transporting hauled waste and their holding capacity. Such identification to include vehicle make,
model, model year, vehicle identification number (VIN), vehicle registration,
license plate number, and liquid waste hauling capacity.}

_4._{A
certificate of inspection by the Control Authority, applicable regulatory
agency, or owner certification with the following statement, signature by
authorized representative, and date for all vehicles identified above. The certification will include tank size and
confirmation that the vehicle holding tank is completely spill and leak proof.}

_{Owner Certification Statement:}

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

_5._{A
listing of all waste types transported and/or disposed}

_6._{A
listing of all disposal sites used for transport and disposal of trucked or
hauled wastes by the applicant at the time this application is completed.}

_a._{Proof
of all required insurance coverage including Liability insurance for vehicle
and business operation}

_b._{City
of Missoula Business License}

_c._{Other
permits and/or authorizations for disposal}

_d._{Any
other information deemed necessary by the Control Authority.}

_{(Ord.
3460, 2011)}

_{13.17.210 Permit}

_A._General

_1._{The
permit issued by the Control Authority shall authorize the Permittee to
transport and dispose of trucked and hauled wastes to the Designated Disposal
Station(s) of the POTW. The permit shall
specifically control:}

_a._{The
wastes authorized for transport and disposal at the POTW;}

_b._{The
vehicles owned and/or operated by the Permittee that are authorized to
transport and dispose of waste at the POTW;}

_c._{The
Pretreatment Standards and requirements with which the permittee must comply;}

_d._{Sanitary
and Safety requirements}

_e._{Any
other requirements or conditions imposed on the Permittee by the Control
Authority for the transport and disposal of trucked and hauled waste to the
POTW.}

_2._{Obtaining
a hauled waste 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.}

_3._{No
Transporter/Hauler shall discharge wastewater to the POTW's Designated Disposal
Station(s) without first obtaining a hauled waste discharge permit from the
Control Authority}

_B._{Permit
Contents}

_{The permits required shall, at a
minimum, contain the following provisions:}

_1._{Permittee's
name and address;}

_2._{Applicable
Legal Authority;}

_3._{Identification
of the POTW Designated Disposal Station(s);}

_4._{Statement
of non-transferability;}

_5._{Re-application
requirements;}

_6._{Effective
and expiration date of the permit;}

_7._{Specific
prohibitions}

_8._{Authorized
waste types that the Permittee may discharge;}

_9._{Sampling,
analysis and reporting requirements;}

_10._{Special
requirements for transporters of trucked or hauled waste;}

_11._{General
permit requirements;}

_12._{A
statement of applicable civil and criminal penalties for violation of any
conditions, requirements, or standards;}

_13._{Any
other requirements, limitations, or conditions deemed necessary by the Control
Authority}

_C._{Certification}

_1._{All
wastewater discharge permit applications and reports must be signed by the
Transporter/Hauler and contain the following certification statement:}

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

_D._{Permit
Renewal}

_1._{Discharge
permits for discharge of wastes shall be issued for a specified time period,
not to exceed five (5) years. The
permittee shall apply for permit renewal a minimum of ninety (90) days prior to
the expiration of the permittee's existing permit.}

_2._{If
the renewal application is not received within the allotted time, the discharge
permit will expire on the existing permit's expiration date. Once a permit has expired, a new application
must be submitted before any new permit will be issued. No discharge to the POTW can occur until the
permit is issued.}

_E._{Permit
Suspension and Revocation}

_1._{Any
discharge or vehicle permit(s) issued in accordance with these Rules and
Regulations will be subject to suspension or revocation by the City of Missoula
Wastewater Division Superintendent or authorized representative, at its
discretion, for:}

_a._{Violation
of any term or condition of these Rules and Regulations, Permit, MMC 13.17, or
applicable state, or federal laws or regulations;}

_b._{Obtaining
a permit by misrepresentation or failure to disclose fully all relevant facts
in either the permit application or any required report;}

_c._{Promulgation
of a more stringent Pretreatment Standard by state or federal agencies having
jurisdiction over receiving waters;}

_d._{Changes
in design or capability of the POTW;}

_e._{Failure
to pay charges or fines;}

_f._{Failure
to meet Sanitation Standards;}

_g._{Discharging
of industrial sludges or other unacceptable wastes
into the system;}

_h._{Discharge
of hauled waste to the POTW at locations other than Designated Disposal Sites;}

_i._{Failure
of the Permittee to report an accidental discharge;}

_j._{Falsification
by the Permittee of any permit, report, manifest information or records
required by this Permit or these Rules and Regulations or implementation
thereof;}

_k._{Failure
of the Permittee to report significant changes in operations or hauled waste
characteristics;}

_l._{Tampering
by the Permittee with POTW monitoring or sampling equipment;}

_m._{Refusing
to allow the Control Authority timely access to the Permittees facility
premises, vehicles or records;}

_n._{Failure
to complete wastewater discharge permit application or manifest as required; or}

_o._{Any
other grounds for revocation or suspension as determined necessary to protect
the Missoula POTW, infrastructure, worker health and safety, and/or effluent
quality.}

_F._{Waste
Hauler Annual Permit Fee}

₁₎_{Per
13.07.2400 (A) a Waste Hauler with a Hauled Waste Discharge Permit through the
city of Missoula shall pay an annual permit fee which shall be established
and/or amended by City Council resolution after conducting a public
hearing.}

_{(Ord. 3528, 2014; Ord. 3460, 2011)}

_{ARTICLE III.}

_{GENERAL HAULED WASTE/TRANSPORTER
REQUIREMENTS}

_Section:

_{13.17.400 General Prohibited Discharge}

_{13.17.410 Limitations for Authorized Disposal of Specific Wastes}

_{13.17.415 Charges}

_{13.17.430 Payment}

_{13.17.440 Approved Site Location}

_{13.17.450 Sanitation and Safety Standards}

_{13.17.460 Emergency and/or Special Circumstances Hauled
Waste Discharge}

_{13.17.400 General Prohibited Discharge}

_{In
addition to the Prohibited discharge standards that apply to all users under
title 13.07 Wastewater Pretreatment Regulations General and Specific
Prohibitions, the Permittee covered by these rules shall not discharge any
wastes to the POTW as follows:}

_A._{Unless
the person(s) or entity is authorized either by a service agreement with the
City, permit, or, in emergency circumstances, by written authorization from the
Wastewater Division Superintendent or authorized representative.}

_B._{At
locations other than Designated Disposal Area(s) unless written authorization
from the Wastewater Division Superintendent or authorized representative has
been obtained.}

_C._{Without
a current valid Hauled Waste Permit or, under emergency or unique
circumstances, written authorization.}

_D._{Any
waste determined Hazardous as defined in
13.07.010 C Definitions}

_E._{Any
waste generated from any User that performs operations or is otherwise covered
by Pretreatment Standards specified at 40 CFR Chapter I, subchapter N
(Categorical Industrial Users), unless the Permittee is specifically authorized
to pick up and dispose of such wastes from the Generator. The Categorical Industrial User must be
authorized by the Control Authority to dispose of process wastewater at the
POTW}

_{(Ord.
3460, 2011)}

_{13.17.410 Limitations for Authorized Disposal of Specific
Wastes}

_A._{The
Control Authority shall establish all conditions, requirements, and standards
as deemed necessary for the disposal of Domestic-Only, Grease Interceptor,
Industrial, and Categorical Industrial User generated wastes at the POTW by a
Permittee}

_B._{Discharging
of hauled or trucked waste to the Designated Disposal Station shall be allowed
only under the supervision of the Control Authority and during the hours
specified by the Control Authority.}

_C._Charges

_1._{The
unit charge to the permittee for discharging wastes from septic tanks, grease
traps, privies, or other classes of hauled wastes to the POTW shall be
developed based on the cost of administering the hauled waste program and cost
of treatment of the hauled waste and will be established by resolution.}

_{(Ord.
3460, 2011)}

13.17.415 Charges

The unit charge to the permittee for discharging wastes from septic tanks, grease traps, privies, or other classes of hauled wastes to the POTW shall be developed based on the cost of administering the hauled waste program and cost of treatment of the hauled waste and will be established by resolution.(Ord. 3460, 2011)

_{13.17.420 Payment}

_{The
City shall bill the permittee for all discharges, with payment due no later
than thirty (30) days following the date of the billing. If any payment or any part thereof remains
unpaid following the due date, the City may charge and collect interest on the
amount unpaid from its due date until paid at the rate of one percent (1%) per
month (or fraction thereof).
Additionally, failure of the permittee to make full payment within the
allotted time or to pay any interest due shall be cause for suspension or
revocation of the permit, at the discretion of the City. (Ord. 3460, 2011)}

_{13.17.430 Approved Site Locations}

_{The
authorized Designated Disposal Site(s) for the disposal of wastes by a
permittee will be designated by the Wastewater Division Superintendent or
authorized representative. (Ord. 3460, 2011)}

_{13.17.440 Sanitation and Safety Standards}

_A._{Each
permittee who discharges wastes at the Designated Disposal Site(s) shall be
responsible for the cleanliness and safety practices at the points of disposal}

_B._{It
shall be the responsibility of the permittee to discharge wastes in such a
manner as to keep the area clean and free from spills or other debris in a
manner acceptable to the Wastewater Division superintendent or authorized
representative.}

_C._{Any
spills shall be promptly cleaned up to levels determined acceptable by the
Wastewater Division Superintendent or authorized representative.}

_D._{The
permittee is responsible for keeping the designated vehicles clean and in good
repair while being used for disposal of hauled waste to the POTW at Designated Disposal Site(s).}

_E._{Failure
to comply with these sanitation and safety standards shall be grounds for
revocation of the permit.}

_{(Ord. 3460, 2011)}

_{13.17.450 Emergency and /or Special Circumstances Hauled
Waste Discharge}

_A._{Emergency
and/or Special Circumstances hauled waste discharges may be authorized in
accordance with this section if the quantity and quality of the discharge will
have no negative impact on the Missoula Wastewater Division operations,
including the quality of its effluent and biosolids. Written approval from the Wastewater Division
or authorized designee must be received before the discharge may commence, and
discharge must take place at authorized points in the POTW system as provided
for in section 13.17.020 E and must comply with section 13.17.020 A and F
. Approval of such a discharge is entirely
at the discretion of the Wastewater Division Superintendent or designee and
shall not constitute approval of any additional or similar discharges.}

_1._{The
requesting entity shall provide all information necessary for the City to
determine the existence of an emergency or unique circumstance as well as the
quality and quantity of the material being requested for disposal. If the request is verbal, the requesting
entity shall provide written documentation within 48 hours.}

_2._{The
Wastewater Division Superintendent or authorized designee shall notify the
requesting entity in writing if the request has been granted or denied. If granted, the notification will specify the
requirements of the Rules and Regulations and of any specific conditions or
limitations on the approval.}

_{(Ord.
3460, 2011)}

_{ARTICLE IV}

_{REPORTING REQUIREMENTS}

_Sections:

_{13.17.600 Manifests}

_{13.17.610 Self-monitoring Reports}

_{13.17.620 Vehicle Maintenance/Operations}

_{13.17.630 Reports of potential problems}

_{13.17.600 Manifests}

_A._Requirements

_1._{It
is unlawful for any permittee to discharge hauled or trucked waste at the POTW
without first completing a manifest. The
Permittee must provide a copy of the manifest to the Control Authority for each
generator from which waste is obtained.
The manifest form used shall be approved for use by the Control
Authority. This manifest shall include,
at a minimum:}

_a._{The
name of the Transporter/Permittee;}

_b._{Signature
of the Transporter, date and time of discharge, and certification;}

_c._{The
name, addresses, and date each waste was
picked up for each Generator;}

_d._{The
volume and characteristics of each waste picked up.}

_B._System

_1._{The
Permittee shall complete one manifest or appropriate section of the manifest
for each location serviced.}

_2._{The
original of the completed manifest, signed and dated by the permittee at the
time of disposal, shall be provided to the Control Authority by the Permittee
prior to disposal}

_13.17.610_{Self Monitoring}_Reports

_{The
control Authority shall establish all sampling and monitoring requirements as
deemed necessary for the disposal of Domestic-Only, Grease Interceptor,
Industrial, and Categorical Industrial User generated wastes at the POTW’s
Designated Disposal Station(s) by a Permittee.
All self-monitoring reports shall include the certification specified in
section 13.07.1130.}

_{13.17.620 Vehicle Maintenance/Operations}

_A._{A
Waste Hauler shall:}

_1._{Maintain
tanks, pumps, valves, hoses, racks, cylinders, diaphragms, pipes , connections,
and other appurtenances on a vehicle in good repair and free from leaks and}

_2._{Provide
a safety plug or cap for each tank}

_{13.17.630 Reports of Potential Problems}

_{Refer
to Section 13.07.1050 Reports of Problems}

_{ARTICLE V}

_{ENFORCEMENT REMEDIES}

_Section:

_{13.17.800 Enforcement Remedies}

_{13.17.800 Enforcement Remedies}

_{Refer
to Chapter 13.07, Article VIII Administrative Enforcement and Chapter 13.07
Article IX Judicial Enforcement Remedies}

Title 13.18

WASTEWATER HAULERS (Repealed, Ord. 3460, 2011)

Sections:

13 18 010 Repealed (Ord. 3460, 2011; Ord. 2809 §1, 1992).

13 18.020 Repealed (Ord. 3460, 2011; Ord. 2809 §1, 1992).

13 18 030 Repealed (Ord. 3460, 2011; Ord. 2809 §1, 1992).

13.18.040 Repealed (Ord. 3460, 2011; Ord. 2809 §1, 1992, Ord. 2809 §4, 1992).

13 18.050 Repealed (Ord. 3460, 2011; Ord. 2809 §5, 1992).

13.18.060 Repealed (Ord. 3460, 2011; Ord. 2809 §6, 1992).

13.18.070 Repealed (Ord. 3460, 2011; Ord. 2809 §7, 1992).

13.18.080 Repealed (Ord. 3460, 2011; Ord. 2809 §8, 1992).

13.18.090 Repealed (Ord. 3460, 2011; Ord. 2812 §1, 1992; Ord. 2809 §9, 1992).

13.18.100 Repealed (Ord. 3460, 2011; Ord. 2809 §10, 1992).

13.18.110 Repealed (Ord. 3460, 2011; Ord. 2809 §11, 1992).

Title 13.20

PRIVY VAULTS AND CESSPOOLS (Repealed, Ord. 3336, 2007)

13.20.010 Repealed (Ord. 3336, 2007; Prior code§27‑35) .

13.20.020 Repealed (Ord. 3336, 2007; Prior code §27‑36).

13 20 030 Repealed (Ord. 3336, 2007; Prior code §27‑37).

13.20.040 Repealed (Ord. 3336, 2007; Prior code §27‑38).

13.20.050 Repealed (Ord. 3336, 2007; Prior code §27‑39).

13.20.060 Repealed (Ord. 3336, 2007; Prior code §27‑40).

13.20.070 Repealed (Ord. 3336, 2007; Prior code §27‑41).

13.20.080 Repealed (Ord. 3336, 2007; Prior code §27.42).

13.20.090 Repealed (Ord. 3336, 2007; Prior code §27‑43)

13.20.100 Repealed (Ord. 3336, 2007; Prior code §27‑44).

13.20.110 Repealed (Ord. 3336, 2007; Prior code §27‑45).

13.20.120 Repealed (Ord. 3336, 2007; Prior code §27‑46).

13.20.130 Repealed (Ord. 3336, 2007; Prior code §27‑47).

Title 13.24

GAS*

Sections:

13.24.010 Application of chapter.

13.24.020 License‑‑Required.

13.24.030 License‑‑Bond required.

13.24.040 Installation permit.

13.24.050 Turning on gas into system which has been turned off.

13.24.060 Adoption of Montana Power Company Gas Piping and Appliance Installation Rules and Regulations.

13.24.070 Inspection‑‑Right of entry.

13.24.080 New piping.

13.24.090 Inspection‑‑Unsafe conditions—Notification and discontinuance of supply.

13.24.100 Inspection‑‑Unsafe conditions‑‑Examination by building inspector.

13.24.110 Inspection‑‑Fees.

13.24.010 Application of chapter. The provisions of this chapter shall apply to all installations, extensions, additions, maintenance and repairs of gas piping, equipment and appliances on a consumer's premises from the outlet of the utility's gas meter. (Prior code §14‑1).

* For statutory provisions giving cities power to acquire natural gas and a distributing system therefor, see MCA

§7‑13‑4102; for provisions giving cities power to provide for measurement and inspection of gas sold within its

limits, see MCA §§7‑13‑4103 and 7‑13‑4104.

13.24.020 License‑‑Required. No person shall engage in the business of installing, maintaining or repairing gas piping equipment or appliances unless the person first obtains a business license from the city treasurer pursuant to Title 5. (Ord. 1920, 1978: prior code §14‑2).

13.24.030 License‑‑Bond required. Prior to issuance of the license required by Section 13.24.020, the applicant shall file and thereafter keep on file in the office of the city clerk, and in full force and effect at all times, a surety bond executed by a surety company duly authorized to transact business in the state and running to the city in the sum of three thousand dollars, conditioned to the effect that the person shall perform all work in connection with the installation, maintenance and repair of gas piping, equipment and appliance in a skillful and workmanlike manner, using only suitable and proper materials, equipment and appliances and shall comply with all of the provisions of the ordinances of the city relating thereto. (Prior code §14‑3).

13.24.040 Installation permit. Every person shall make application to the building inspector, furnishing required plans and specifications, and obtain a permit from the inspector before installing, extending or altering any gas piping, equipment or appliance for the conveyance or use of natural or artificial gas on a consumer's premises from the outlet of the utility's gas meter. The permit form to be provided by the building inspector. (Prior code §14‑4).

13.24.050 Turning on gas into system which has been turned off. It shall be unlawful for any person, except an agent of the gas utility to turn on gas at the meter into any new system of gas piping or into any old system of gas piping after it has been turned off for any reason. (Prior code §14‑5).

13.24.060 Adoption of Montana Power Company Gas Piping and Appliance Installation Rules and Regulations. The city adopts by reference, in its entirety, all the provisions contained in the Gas Piping and Appliance Installation Rules and Regulations of the Montana Power Company, adopted February 20, 1968. (Prior code §14‑6).

13.24.070 Inspections‑‑Right of entry. The building inspector shall enforce the provisions of this chapter, and for the purpose shall have the right to enter any and all buildings and premises at all reasonable times to inspect gas piping, equipment and appliances. (Prior code §14‑7).

13.24.080 Inspection‑‑New piping. It shall be unlawful for the gas utility or any employee or agent thereof, or any other person to turn on gas at the meter into any new system of gas piping, or into any old system of gas piping which has been extended or altered, on a consumer's premises beyond the utility's gas meter until the building inspector has inspected the gas piping, equipment and appliances to insure the rightness of the system, the proper and safe installation of piping, equipment and appliances and the use of safe and proper materials, equipment and appliances, and has approved such installation. The building inspector shall endorse on the back of the copy of the permit required by Section 13.24.040 on file in his office the date of such inspection and approval. The utility shall, upon demand of the building inspector, turn gas on at any time for the purpose of inspection and test. (Prior code §14‑8).

13.24.090 Inspection‑‑Unsafe conditions‑‑Notification and discontinuance of supply. Whenever an inspection shall reveal a condition unsafe to life or property, the building inspector shall notify the consumer of what is necessary to correct the unsafe condition and shall not permit gas to be turned on until all such conditions have been corrected, remedied and made safe. The building inspector may make subsequent inspections and tests of gas piping, gas installations and gas appliances when he believes, or has reason to believe, that any appliances, piping or venting is in an unsafe condition to life or property and the building inspector shall order the gas utility to discontinue the supply of gas to any consumer when any such condition is found and until the same is remedied. (Prior code §14‑9).

13.24.100 Inspection‑‑Unsafe conditions‑‑Examination by building inspector. Whenever there shall arise a dispute between a gas utility and a consumer relative to the safety of any installation or appliance, the matter shall be referred to the building inspector who shall examine the same or cause it to be examined and make final determination thereon. (Prior code §14‑10).

13.24.110 Inspection‑‑Fees. There shall be paid to the city for the making of each inspection by the building. inspector of gas piping, gas installations, gas fixtures and appliances the following amounts: One fixture to and including three fixtures, five dollars, and for each additional gas appliance, one dollar. An additional five dollar fee shall be charged for any reinspection. An air test is required on all gas piping. An additional five dollar fee will be charged if the test is not on at the time of inspection and the inspector is required to make such pressure test. (Prior code §14‑11).

Title 13.26

MISSOULA VALLEY WATER QUALITY ORDINANCE

Sections:

13.26.010 Short title‑‑Applicability‑‑Construction.

13.26.020 Legislative intent and purpose.

13.26.030 Definitions.

13.26.040 Pollution prevention requirements.

13.26.050 Pollution prevention permit.

13.26.060 Facility closure permit.

13.26.070 Reporting of releases.

13.26.080 Prohibited activity.

13.26.090 Protection of water supply wells.

13.26.100 Variances.

13.26.110 Inspections.

13.26.120 Enforcement.

13.26.130 Criminal penalties.

13.26.140 Injunctive relief.

13.26.150 Severability.

13.26.010 Short title‑‑Applicability‑‑Construction. This Ordinance shall be known as the "Missoula Valley Water Quality Ordinance." It is intended to protect the public health, safety and general welfare of those utilizing the Missoula Valley Aquifer and surface waters in the Missoula Valley for drinking water, recreation and other beneficial uses. The provisions of the Ordinance are deemed to be a health ordinance and shall be effective within the City of Missoula and all places within five miles outside the city limits that are within the boundary of the Missoula Valley Water Quality District pursuant to §7-4-4306 MCA (1993). This Ordinance establishes prohibitions and restrictions to prevent surface water and groundwater contamination, and to protect public health, safety and welfare. This Ordinance shall be broadly construed to effect its purposes. Nothing in this Ordinance shall relieve a person from the requirements of any other federal, state, or local law. If any provision of this Ordinance duplicates any local, state or federal statute or regulation, the local, state or federal statute or regulation shall govern. However, if the requirements of this Ordinance are more stringent than the requirements of the local, state or federal statute or regulation, the requirements of this Ordinance shall govern. (Ord. 3154, 2000; Ord. 2906 (part), 1994) .

13.26.020 Legislative intent and purpose. In order to protect the Missoula Valley's sole source of drinking water and surface waters in the Missoula Valley and to secure and promote the general public health, safety and welfare, the Missoula City Council declares that:

A. The improper storage, handling, use, transport, production or disposal of certain substances in the Missoula Valley is potentially harmful to the quality of water in the Missoula Valley and to drinking water obtained by the use of private and public supply wells, and that certain activities involving the use of certain substances should be managed to prevent water contamination.

B. Affirmative measures to prevent water pollution are the most effective means available to protect water quality.

C. In order to effectively protect surface and groundwater, local authority is needed to require pollution prevention measures at facilities which handle significant quantities of certain substances, and to prohibit and deter activities which pose threats to the quality of the Missoula Valley Aquifer.

D. The construction, development and use of new public water supply wells in proximity to existing sources of contamination is potentially harmful to the quality of drinking water obtained from such wells. The location of identified contaminant sources which pose serious threats of contamination should also be prohibited in proximity to public drinking water wells, in order to minimize the risk of contamination. (Ord. 3492, 2013; Ord. 3154, 2000; Ord. 2906 (part), 1994).

13.26.030 Definitions. For purposes of this Ordinance, the following terms have the following meanings unless the context clearly indicates otherwise:

1. Aboveground Storage Tank (AST) - Any one or combination of tanks that is used to contain an accumulation of Regulated Substance, and the volume of which is more than 90% above the surface of the ground.

2. Anti-Icing: Anti-icing means the application of a deicer before or during a storm event for the purpose of preventing ice and snow accumulation on the roadway.

3. Aquifer - A water-bearing, subsurface formation capable of yielding sufficient quantities of water for beneficial use.

4. Aquifer Protection Area - The areas within the City of Missoula and within five miles outside the Missoula city limits which are within the boundaries of the Missoula Valley Water Quality District.

5. Board - The Board of Directors of the Missoula Valley Water Quality District.

6. Bulk Petroleum Storage Facility - A facility used for storage of petroleum products for marketing or wholesale distribution that has a total bulk storage capacity of 50,000 gallons or more.

7. Carbon Absorption/Evaporation Technology: A treatment technology for perchloroethylene contaminated wastewater which removes perchloroethylene or other chlorinated solvents from a water-solvent mixture using carbon absorption and evaporates the remaining water.

8. Chemical Manufacturing Facility - A facility having a Standard Industry Class Code (SIC Code) between 2800 and 2899 which handles Regulated Substances in an amount equal to or greater than threshold quantities.

9. Class II Landfill - An area of land or an excavation, as defined in Montana Administrative Rules A.R.M. 17.50.504, where group II or group III wastes are placed for permanent disposal, and that is not a land application unit, surface impoundment, injection well, or waste pile. Group II and III wastes are defined in Montana Administrative Rules, A.R.M. 17.50.503.

10. Class III Landfill - An area of land or an excavation, as defined in Montana Administrative Rules A.R.M. 17.50.504, where group III wastes are placed for permanent disposal, and that is not a land application unit, surface impoundment, injection well, or waste pile. Group III wastes are defined in Montana Administrative Rules, A.R.M. 17.50.503.

11. Closure Permit - A permit issued by the Department in accordance with section 13.26.060 of this Ordinance when a facility is permanently closed, or has been abandoned for one year.

12. Community Water System - Any public water supply system, as defined in A.R.M. 17.38.101, which serves at least ten service connections used by year-round residents or regularly serves at least 25 year-round residents.

13. Component - Any constituent part of a unit or any group of constituent parts of a unit which are assembled to perform a specific function.

14. Contamination - The presence of any substance (chemical, radiological, or biological) or any condition (temperature, pH, taste, color, odor, turbidity) in soil or water which may create or threaten to create a hazard to human health or the environment, or impair the usefulness of the soil or water.

15. Department - The Missoula Valley Water Quality District.

16. Dry Cleaning Establishment - Any facility that uses a transfer machine, dry-to-dry vented unit, or dry-to-dry closed loop unit with one or more of the following solvents to clean clothing or other materials: perchloroethylene; trichlorotriflouroethane (CFC-113); CFC-11; stoddard solvent; 1,1,1-Trichloroethane; HCFC 14 lb.; HCFC-123 lb.; and HCFC-225 lb.

17. Dry-to-Dry machine: A machine that can wash and dry garments without transferring them and potentially emit chlorinated solvent to the atmosphere.

18. EPA - United States Environmental Protection Agency.

19. Facility - An area, building or buildings, appurtenant structures or surrounding land area used by a person.

20. Fleet - More than 5 vehicles or locomotives.

21. Fueling Facility - A facility that dispenses petroleum products for commercial sale, public use, or for fleet vehicle operation, excluding bulk petroleum storage facilities and farm and residential tanks of 1100 gallons or less capacity used for storing motor fuel for non commercial purposes.

22. Future Wellhead Reservation Area - The surface area overlying a portion of the Missoula Valley Aquifer which, because of aquifer recharge, groundwater flow and potential sources of contamination, should be protected against contamination to assure high quality groundwater for future generations.

23. Grass Infiltration Swale - A vegetative-lined infiltration cell designed and constructed in accordance with Department standards to collect and treat contaminants in storm water runoff.

24. Groundwater - Water that fills the interconnected spaces of material below the water table (upper limit of saturation), or water which is held in the unsaturated zone by capillary action.

25. Handle - To use, generate, process, produce, package, treat, store, emit, discharge or dispose of a Regulated Substance, excluding (a) handling during continuous non-stop transit, (b) transit via pipeline, and (c) handling of parcels and packages by the United States Postal Service, motor freight companies, and private delivery services.

26. Hazardous Waste - A hazardous waste as defined pursuant to section 1004(5) of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6903(5), as amended, including a substance listed or identified in 40 CFR 261.

27. Hazardous Waste Management Facility - All contiguous land, and structures, other appurtenances, and improvements on the land used for treating, storing, or disposing of a hazardous waste, and that are required under Montana Hazardous Waste Administrative Rules, A.R.M 17.54.105, to have a hazardous waste management permit. A Hazardous Waste Management Facility may consist of several treatment, storage, or disposal operational units.

28. Independent Certified Laboratory: A laboratory outside the control of the person requesting approval from the Department that is certified by the EPA or other appropriate certifying agency to complete testing.

29. Industrial or Commercial Injection Well - A well or septic system that receives industrial or commercial wastes from a public or private facility, excluding wells or septic systems used solely for storm water discharge, sanitary waste discharge and/or discharge or extraction of non-contact heating and cooling system water.

30. Missoula Valley Aquifer - The aquifer underlying the Missoula Valley which supplies the area with water.

31. New - Constructed, installed or brought into operation after the effective date of this Ordinance.

32. Noncomplying Activity - An activity involving the handling of a Regulated Substance in an amount equal to or greater than its threshold quantity within a Future Wellhead Reservation Area.

33. Non-transient Non-community water system - Any public water supply system as defined in A.R.M. 17.38.202 that is not a community water system and that regularly serves at least 25 of the same persons over six months per year.

34. Perchloroethylene (C₂CL₄) - A colorless liquid used as a dry cleaning fluid; general degreaser of metals; solvent for waxes, fats, oils, and gums; constituent of printing inks and paint removers. Synonyms include, Tetrachloroethylene, Tetrachloroethene, PCE, PERC.

35. Person - Any natural person, individual, public or private corporation, firm, association, joint venture, partnership, municipality, governmental agency, political subdivision, public officer or any other entity whatsoever or any combination of such, jointly or severally.

36. Piping Manifold - The area(s) of a piping system fitted with apertures for making multiple connections.

37. Pollution Prevention Permit - A permit required of a person who owns, operates or controls a facility that handles any Regulated Substance in an amount equal to or greater than four times its threshold quantity. Pollution Prevention Permits are issued by the Department in accordance with section 13.26.050 of this Ordinance.

38. Primary Container - A container which comes into immediate contact with a Regulated Substance.

39. Public Sewage Disposal System - A system, as defined in §75-6-102(11) MCA, for collection, transportation, treatment or disposal of sewage that is designed to serve or serves ten or more families or 25 or more persons daily for a period of at least 60 days out of the calendar year.

40. Public Water Supply System - A system, as defined in §75-6-102(12) MCA, for the provision of water for human consumption from any community well, water hauler for cisterns, water bottling plant, water dispenser, or other water supply that is designed to serve or serves 10 or more families or 25 or more persons daily or has at least 10 service connections at least 60 days out of the calendar year.

41. Reasonably Achievable Limit: A pollutant limit that is determined on a case by case basis to be reasonably achievable taking into account environmental, economic, and other factors and costs.

42. Refrigerator Condenser: A vapor recovery system into which an air-chlorinated solvent vapor stream is routed and the chlorinated solvent is condensed by cooling the gas-vapor stream.

43. Regulated Substance - Any liquid substance, semi-liquid substance, or soluble solid on the most current Superfund Amendments and Reauthorization Act (SARA), Title III List of Lists published by the Office of Pollution Prevention and Toxic Substances, U.S. Environmental Protection Agency, Washington D.C., any petroleum product, any hazardous waste, or any other substances that the Board determines, following public review, may threaten contamination of the Missoula Valley Aquifer, excluding substances used for personal household use. The Board may, following public review and comment, remove a substance from the list of Regulated Substances.

44. Release - Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of a regulated substance into the environment (including the past release of a regulated substance), but excluding (a) releases contained in a secondary containment area or the indoor work place provided the release does not exit the indoor work place, (b) the use of pesticides and fertilizers as defined in §80-8-102(30) MCA and §80-8-102(2) MCA when they are applied in accordance with approved federal and state labels, and (c) any discharge permitted by a local, state, or federal agency.

45. Replacement - Replacement or replace shall mean:

a. Replacing, repairing, upgrading or improving a facility at a cost which equals or exceeds 50% of the value of the facility at the time of such act.

b. Replacing a component or more than 50% of a component of a facility.

c. Reoccupation of a facility, reuse of a component at a facility, or restarting an activity which has been out of service or not practiced for a period of one year.

46. Secondary Containment - Containment external to and separate from the primary container adequate to prevent the release of Regulated Substances to native soil, surface water, or groundwater. The secondary containment structure or cell must:

a. be non-reactive and resistant to the materials contained;

b. prevent infiltration of any Regulated Substance into the ground in the event of a release from the primary storage container;

c. isolate the Regulated Substance from soils, injection wells, floor drains, or any other potential surface and groundwater entry point; and

d. contain at least 110% of the volume of the largest container, or 10% of the aggregate volume of all containers, whichever is greater.

A covered building or structure may fulfill the secondary containment requirements of this Ordinance, provided the building or structure has an impermeable floor and walls and the release of a Regulated Substance would remain in the building or structure.

47. Soluble Solid - A solid that exists in a powder form and has a particle size less than 100 microns, is handled in solution or molten form, or meets the criteria for a National Fire Protection Association (NFPA) rating of 2, 3, or 4 for reactivity.

48. Storm Water Injection Well - A structure, pit or hole that primarily receives storm water runoff from paved areas, including, but not limited to, parking lots, streets, residential subdivisions, and highways.

49. Tank - Stationary device designed to contain an accumulation of substances and constructed of non-earthen materials (e.g. concrete, steel, plastic) that provide structural support.

50. Tank Fueling Area - The area surrounding the above or underground storage tanks subject to releases of petroleum products during tank fueling, including the area surrounding the tanker truck during fueling.

51. Threshold Quantity - The following quantities of Regulated Substances (excluding products in vehicle fuel tanks, aerosol spray cans, products used for research at educational institution laboratories, and substances sold for retail in a container equal to or less than 5 gallons capacity) handled at a facility at any one time, regardless of location, number of containers, or method of storage, shall constitute the Threshold Quantity:

a. For those Regulated Substances specifically listed in the Superfund Amendments and Reauthorization Act (SARA) Title III List of Lists and for those Regulated Substances which are listed hazardous waste defined pursuant to 40 CFR Part 261, as amended, the threshold quantity shall be the reportable quantity published in the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 40 CFR 302, Table 302.4 or the Superfund Amendments and Reauthorization Act (SARA) Section 355, Appendix A.

b. For those Regulated Substances that are characteristic hazardous wastes defined pursuant to 40 CFR Part 261, as amended, the threshold quantity shall be based on the substance contained in the waste with the lowest threshold quantity.