Chapters:
13.02 Municipal
Utility Rates and Charges
13.06 Industrial Wastewater (Repealed)
13.07 Wastewater Pretreatment Regulations
13.08 Sewer Service Regulations
13.10 Phosphorus Content of Wastewater Discharges
13.12 Protection of Water Mains
13.20 Privy Vaults and Cesspools (Repealed)
13.26 Missoula Valley Water Quality Ordinance
13.28 Electrical and Natural Gas Regulations
Chapter
13.01
Sections:
13.01.020
Available public sewer
13.01.060
Failed septic system
13.01.070 Increased (effluent flow) use
13.01.080
Industrial wastewater
13.01.090
Legal representative
13.01.110
Public Works Director
13.01.150
Sewer Tank Effluent Pump (STEP) sewer
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)
MUNICIPAL
UTILITY RATES AND CHARGES
Sections:
13.02.030 City utility rates, charges, and fees to be
established and adopted by resolution
13.02.040 Customer of utility deemed to have contractual agreement
13.02.050 Billing and notification of utility service
charges
13.02.060 Flat rate water accounts – Billing
13.02.070 Penalties for violation including late
payment
13.02.080 Utility service deposit may be required
13.02.090 Utility
bills for rental properties
13.02.100 Past
balance – Refusal of service
13.02.110 Delinquent
utility bill payment – Notice
13.02.120 Failure
to comply with rules – Service disconnection – Fee
13.02.130 Property assessment after completion of sewer
and/or annexation – Exception
13.02.140
Sewer development fee
13.02.150
Connection permit regulations
13.02.010 Definitions. The
following words, terms, and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context explicitly
indicates a different meaning:
A.
“Charge” means an expense
or cost that is a set amount of money due and payable for a utility service
whereby all users in a category will pay the same amount.
B.
“Customer” means any person
or entity that has a City of Missoula utility account.
C.
“Fee” means a fixed charge
for a specific service.
D.
“Rate” means a charge per
unit of measure, e.g., rate per cubic foot of water used.
E.
“Property Owner” means the
owner of record of real property, including structures, which is or may be
served with any utility service by the City of Missoula.
F.
“Utility” means any and all
City-owned and operated utilities, including but not limited to municipal
water, sanitary sewer, and storm water.
G.
“Utility System” means any
piece of the Storm Water System, Municipal Water Utility, Public Sewer, and
Septic Tank Effluent Pump (STEP) Sewer as defined elsewhere in Title 13.
H.
“Utility Service Appeals
Committee” means a committee consisting of the City of Missoula’s Public Works
Director, Deputy Public Works Director – Utilities, division superintendent,
and Public Works Committee chairperson, or designee for any of these positions.
(Ord.
3662, 2021)
13.02.020 Applicability.
The provisions of this chapter are applicable
to the municipal utility services provided in Title 13, Public Services. (Ord.
3662, 2021)
13.02.030 City utility rates, charges, and fees to be
established and adopted by resolution.
Pursuant to Mont. Code Ann. § 7-13-4304, the City
Council shall fix and establish the utility rates, charges, and fees for all
utilities, including but not limited to municipal water, sanitary sewer, and
storm water, by resolution after conducting a public hearing. The utility rate
schedule, which includes a schedule of rates, service charges, and fees, is
available in the City Clerk’s Office, utility offices, and on the city website.
Future utility rate schedules will be adopted by City Council resolution. If
any provision of the utility rate schedule is inconsistent with any provision
of this chapter, the provisions of this chapter shall prevail.
13.02.040 Customer of utility deemed to have contractual
agreement. All
utility customers shall be deemed to have contracted with the City for service
and agree to pay related utility rates, charges, and fees and to comply with
applicable City's regulations.
(Ord.
3662, 2021)
13.02.050 Billing
and notification of utility service charges. Customers served by any
utility shall be billed monthly, based on the utility rate schedule. Billing
statements shall indicate the total charges and fees, as well as any special
charges, all in accordance with the provisions of this chapter. The utility
bill shall be due and payable for services delivered during the previous month.
(Ord.
3662, 2021)
13.02.060 Flat rate
water accounts – Billing. For flat rate water accounts, seasonal
sprinkling charges shall be assessed in the May billing. Customers may choose
to pay the annual sprinkling charge in its entirety along with payment for
water service for the month of May or may choose to pay the annual sprinkling
charge in five equal installments during the months of May, June, July, August,
and September, as provided for in the utility rate schedule. Nonpayment of any
monthly installment of the sprinkling charge when due shall constitute a
delinquent payment subject to the service disconnection provisions set forth in
this chapter.
13.02.070
Consequences of violation including late payment. Any person violating any of the provisions of
this chapter, including late payment of monthly utility bills, may be subject
to one or more of the following consequences:
A.
Shut
off of water service and assessment of disconnect and reconnect charges and
fees;
B.
Suspension
and/or revocation of any permit or authorization previously issued with respect
to utility service;
C.
Injunction
against continued operation of the utility service in question;
D.
Payment
of restitution for unauthorized use of services and/or damage to the utility
system;
E.
Placement
of a lien upon the property, in accordance with Montana state law.
(Ord.
3662, 2021)
13.02.080 Utility service deposit may be required.
The Utility Billing Department may require a property owner or tenant to pay a
deposit if the customer’s utility service account falls into the credit rating
of moderate, fair, or poor within the utilities’ customer information system
due to multiple delinquent payments.
13.02.090 Utility
bills for rental properties. A property owner may allow for utility
services to be billed to a tenant upon executing and returning the “Request to
Bill Tenant Form” to the Utility Billing Department. Owners will remain liable
for unpaid tenant accounts that are closed pursuant to the rules stated in the
“Request to Bill Tenant Form.” Tenants may be required to pay a deposit to the
Utility Billing Department, depending on their utility payment history. The
deposit will be due upon the utilities’ receipt of the “Request to Bill Tenant Form.”
(Ord.
3662, 2021)
13.02.100 Past
balance – Refusal of service. The utility may refuse service to any
delinquent customer or property owner owing the City for utility service at the
present location, a previous location, or any additional locations until such
past balance has been paid or satisfactory arrangements for payment have been
made through the Utility Billing Department. These same provisions shall apply and the utility may refuse service
to any other member of the same household or firm when application by this
member, in the opinion of the City, may be a means
of evading payment of the delinquent utility bill. The customer may appeal the
decision to the Utility Service Appeals Committee.
(Ord.
3662, 2021)
13.02.110 Delinquent
utility bill payment – Notice.
A.
Whenever a utility bill has been delinquent for
30 days in any sum or amount, the Utility Billing Department shall at once
notify the tenant and property owner by such means and at such address as seems
most likely to give the tenant and property owner actual notice of the
delinquency and shall advise the tenant and property owner that unless such
delinquent bill is paid in full within 10 days from the date of mailing the
notice, water service may be disconnected immediately and will not be turned on
again until such default is collected or a payment arrangement is approved by
the Utility Billing Department. The total amount due may include reconnect
charges, as appropriate to cover the cost of turning the water service off and
on.
B.
Partial utility bill payments will be applied
to storm water charges first, to sanitary sewer charges next, and finally to
the municipal water charges.
C.
If there is no other reasonable means of
notice, a notice given by certified mail, deposited in the United States first-class mail,
postage prepaid, addressed to the tenant and property owner at the address of
record in the Utility Billing Department shall be
deemed reasonable notice.
D.
All utility charges shall be and remain a lien
upon the real property subject to the charges until paid. 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.
3662, 2021)
13.02.120 Failure to comply with rules – Service
disconnection – Fee. For failure to comply with the rules and
regulations established as a condition to connect to a utility, the municipal
water or sanitary sewer service may be disconnected until the property owner is
in full compliance and has paid any fees associated with the service being
disconnected and reconnected, as provided in the utility rate schedule.
(Ord.
3662, 2021)
13.02.130 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 sanitary sewer 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 sanitary sewer
system shall be billed with the next regular billing cycle. The Utility Billing
Department shall send a notice to the owners of all properties not immediately
connecting to the sewer 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 utility billing
after the expiration of three 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 sewer system, the Utility Billing Department
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 utility billing after the expiration of three 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 sanitary sewer 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 is connected to the sewer system or not, provided the property has
water service or a well connecting to a building and is thus is capable of
producing sewage. The Utility Billing Department shall be responsible for
notifying property owners pursuant to this section after the matter is referred
to and acted upon by the City Council.
(Ord.
3662, 2021)
13.02.140 Sewer development fees. Any party desiring to connect to the sanitary
sewer system or municipal water system shall be subject to the development fee listed
in the utility rate schedule. Any future increases to the utility development
fees will be adopted by City Council resolution after conducting a public
hearing.
(Ord. 3662,
2021; Ord. 3673, 2021)
13.02.150
Connection permit regulations.
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 13.04.130.
B.
Use of Connection Fees: All funds received in payment of a connection fee
shall be deposited in the sewer fund.
C.
The City may enter into agreements to accept other considerations from
properties in lieu of or as a credit toward the sewer connection fee.
(Ord.
3662, 2021)
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
13.04.060 Separate and independent connections for
buildings
13.04.070 Sewer Service Laterals Ownership and
Responsibility
13.04.080 Prohibited connections.
13.04.110 Entering manhole‑‑Depositing
material
13.04.120 Damaging, tampering with, etc., sewage works
13.04.130 Latecomer’s fee 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
Latecomer’s fee 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.
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 latecomer’s agreement
for them for future connections to the newly installed public sewer main. The
Development Services Director is authorized to adopt administrative rules
addressing the process, deadlines, methodology, reimbursable costs, repayment
procedure, and any other provisions necessary to administer such a program.
C.
If a latecomer’s agreement request is submitted after the city's
acceptance and approval of an installed public sewer main, any latecomer’s
agreement 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. 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 latecomer’s fee has been paid to the City
Finance Officer or designee. If the sewer main is tapped for a sewer service
lateral that is extended only to the property line, payment of the latecomer’s
fee 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 latecomer’s
fee is to be a proportion of the original property owner's total construction
and engineering cost to install the public sewer main, excluding any accrued
interest, financing costs, or costs of land or easements dedicated by the
property owner. In addition to the latecomer’s fee, the 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
latecomer’s fee. The administrative fee shall be payable to the city and
deposited in the city general fund.
.
(Ord. 3637,
2019; 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)
Sections:
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) .
Wastewater Pretreatment Regulations
Articles
II. General
Sewer Use Requirements
III. Pretreatment
of Wastewater
IV. Individual
Wastewater Discharge Permits
V. Individual
Wastewater Discharge Permit Issuance
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
Sections:
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)
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)
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)
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
13.07.230 City’s Right of Revision
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)
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)
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:
13.07.610 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
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
13.07.860 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)
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
13.07.1100 Date of Receipt of Reports
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)
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)
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
13.07.1220 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)
13.07.1220 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
13.07.1440 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)
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)
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)
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
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 fine such User or Person in
an amount not to exceed $1,000 per day In the case of monthly or other
long-term average discharge limits, fines shall be assessed for each day during
the period of violation.
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:
13.07.1620 Criminal Prosecution
13.07.1630 Remedies Nonexclusive
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:
13.07.1810 Payment of Outstanding Fees and Penalties
13.07.1820 Water Supply Severance
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)
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)
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:
13.07.2010 Prohibited Discharge Standards Violation
. 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)
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)
SEWER SERVICE REGULATIONS
Sections:
13.08.030 Statutory
compliance requirement.
13.08.040 Repealed.
13.08.050 Repealed.
13.08.060 Repealed.
13.08.070 Repealed.
13.08.080 Repealed.
13.08.090
Discontinuance of provisions of city service to property by city.
13.08.100
Reestablishment of disconnected city sewer service.
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; Ord 3662, 2021).
* Editor's Note: Sewer use charges are on
file in the office of the city clerk.
13.08.010 Repealed
(Ord.
3492, 2013; Ord. 3079, 1998, Ord. 2920, 1994; Ord 3662, 2021)
13.08.025
Repealed. (Ord.
3336, 2007; Ord. 3070, 1998)
13.08.020 Repealed.
(Ord. 3045, 1997; Ord. 2791 §1, 1991; Ord.
2529, 1986; Ord. 2380(part), 1984: prior code §27‑48; Ord 3662, 2021).
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; Ord. 3662, 2021).
13.08.040 Repealed. (Prior code §27‑50;
Ord 3662, 2021).
(Ord.
2644 §1, 1989: prior code §27.51; Ord 3662, 2021).
13.08.060 Repealed.
(Ord. 2558 §l, 1987: prior code §27‑52;
Ord 3662, 2021).
13.08.070 Repealed.
(Prior
code §27‑54; Ord 3662, 2021).
13.08.080 Repealed.
(Ord.
3492, 2013; Ord. 3329, 2006; Ord. 3186, 2001; Ord. 2791 §2, 1991; Ord. 2588,
1987; Ord. 2528 §§7, 8, 1987; Ord. 2459, 1985; Ord 3662, 2021).
13.08.090
Discontinuance of provisions of city service to property by city.
A.
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, for 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 customer to comply with the City's sewer use rules must
exist and be maintained by City officials or employees;
2. Advance written notice of the City's
intent to discontinue City utility 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 to immediately contact the City Utility
Billing Department 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 Utility Service Appeals 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 the property and to afford the
property owner a reasonable assurance against erroneous or arbitrary
withholding of essential sewer services. A written copy of the Utility Service Appeals
Committee’s decision shall be given to the property owner, as well as to the City
Council.
3. All sewer service disconnections shall
be performed between the hours of eight a.m. and 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 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, Deputy Public Works Director – Utilities, and the division
superintendent an emergency situation exists that requires such a course of
action in order to protect the City’s wastewater treatment plant process,
operations, or collection system. 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 the City prohibits
from deposit in the sewer system.
(Ord. 2481 §1, 1986; Ord. 3662, 2021).
13.08.100 Reestablishment of disconnected city sewer
service. A property owner may
reestablish City sewer service to the property with the permission of the Utility
Service Appeals Committee if the property owner has paid all 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; Ord. 3662, 2021) .
PHOSPHORUS CONTENT OF
WASTEWATER DISCHARGES
Sections:
13.10.010 Legislative intent and purpose.
13.10.030 Application of chapter.
13.10.040 Prohibited phosphorus compounds.
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).
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) .
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).
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.
13.16.060 Permit‑‑Application.
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:
II. WASTER HAULER PERMIT REQUIREMENTS
III. GENERAL HAULED WASTE/TRANSPORTER REQUIREMENTS
GENERAL PROVISIONS
Sections:
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)
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)
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)
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
&