CHAPTER 01 Title 8 Sewer
CHAPTER 1
SEWERS
SECTION:
8-1-1: Purpose
8-1-2: Definition of Terms
8-1-3: Abbreviations
8-1-4: Administration
8-1-5: Scope of Chapter
8-1-6: Sewage to be Discharged Into Wastewater Treatment System
8-1-7: Storm Water Not Permitted in Sanitary Sewer
8-1-8: Unpolluted Water Discharged to Storm Drain
8-1-9: Prohibited Discharge Standards
8-1-10: Federal Categorical Pretreatment Standards
8-1-11: State Requirements
8-1-12: Local Limits
8-1-13: Right of Revision
8-1-14: Dilution
8-1-15: Special Agreements
8-1-16: Approval Required for Wastewater
8-1-17: Pretreatment Facilities
8-1-18: Deadlines for Compliance with Applicable Pretreatment Requirements
8-1-19: Grease Traps Required
8-1-20: Interceptors Required to Remove Harmful Ingredients
8-1-21: Connection to Sanitary Sewer Required
8-1-22: Sewer Service
8-1-23: Sewer Service Connection Fees
8-1-24: Sewer Service Repair
8-1-25: Permit Required to Work on Public Sewer
8-1-26: Notice of Inspection
8-1-27: Right to Revoke Permission
8-1-28: Sewer Construction Specifications
8-1-29: Submission of Information
8-1-30: Injury to Sewerage System Unlawful
8-1-31: State Requirement
8-1-32: Accidental Discharges/Slug Control Plans
8-1-33: Wastewater Discharge Permit Requirements
8-1-34: Wastewater Discharge Permitting: Existing SIU
8-1-35: Wastewater Discharge Permitting: New Source and New User
8-1-36: Wastewater Discharge Permitting: Extra jurisdictional Users
8-1-37: Wastewater Discharge Permit Application Contents
8-1-38: Signatory and Certification Required
8-1-39: Wastewater Discharge Permit Decisions
8-1-40: Wastewater Discharge Permit Contents
8-1-41: Wastewater Discharge Permit Appeals
8-1-42: Wastewater Discharge Permit Duration
8-1-43: Wastewater Discharge Permit Modification
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8-1-44: Wastewater Discharge Permit Transfer
8-1-45: Wastewater Discharge Permit Revocation
8-1-46: Wastewater Discharge Permit Reissuance
8-1-47: Sampling Requirements for Users
8-1-48: Analytical Requirements
8-1-49: Monitoring of User's Wastewater
8-1-50: Inspection and Sampling
8-1-51: Monitoring Facilities
8-1-52: Search Warrants
8-1-53: Confidential Information
8-1-54: Publication of Users in Significant Non-Compliance
8-1-55: Notification of Violation
8-1-56: Consent Orders
8-1-57: Show Cause Hearing
8-1-58: Compliance Orders
8-1-59: Cease and Desist Orders
8-1-60: Administrative Fines
8-1-61: Emergency Suspensions
8-1-62: Termination of Discharge (Non-Emergency)
8-1-63: Injunctive Relief
8-1-64: Civil Penalties
8-1-65: Criminal Penalty
8-1-66: Remedies Non-Exclusive
8-1-67: Performance Bonds
8-1-68: Liability Insurance
8-1-69: Termination of Utility Services
8-1-70: Public Nuisances
8-1-71: Informant Rewards
8-1-72: Contractor Listing
8-1-73: Affirmative Defenses to Discharge Violations
8-1-74: System of Charges
8-1-75: Basis for Determining Industrial Waste Charges
8-1-76: Computation of Industrial Waste Service Charge
8-1-77: Method of Computing Unit Charges
8-1-78: Unit Charges
8-1-79: Method of Industrial Waste Billing
8-1-80: Adjustment of Charges
8-1-81: Sewer User Service Charge
8-1-82: Classification of Users
8-1-83: Domestic and Commercial Rates Outside the City
8-1-84: Billing Periods
8-1-85: Billing Procedure
8-1-86: Due Date
8-1-87: Delinquent Accounts
8-1-88: Recovery of Costs by the City
8-1-89: Falsifying Information
8-1-90: Limitation of Liability
8-1-91: Penalty
8-1-92: Failure to Provide Flow or Sampling Device
8-1-93: Unauthorized Access to Manholes or Unauthorized Use of System
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8-1-1: PURPOSE: This chapter sets forth uniform requirements for Users of the
POTW for the City of Ammon and enables the City to comply with all applicable State
and Federal laws including the Clean Water Act and the General Pretreatment
Regulations (40 CFR, Part 403). The objectives of this chapter are:
(A) To prevent the introduction of pollutants into the POTW that will interfere
with the operation of the POTW;
(B) To prevent the passage of pollutants through the POTW, inadequately
treated, into receiving waters or the atmosphere or otherwise be
incompatible with the POTW;
(C) To improve the opportunity to recycle and reclaim wastewaters and sludges
from the system;
(D) To protect POTW personnel who may be affected by wastewater and
sludge in the course of their employment and to protect the general public;
(E) To establish an equitable distribution of the cost of operating the POTW;
(F) To establish an equitable means, through the collection of a sewer main
connection fee, of requiring persons connecting to an existing sewer main
which directly benefits their property, to participate in the costs of installing
such main; and
(G) To establish an equitable means through a sewer service connection fee of
requiring persons who connect to the sanitary sewer system and the
wastewater treatment plant to participate in the capital costs of constructing
the entire system and to pay the direct costs of making such connection.
8-1-2: DEFINITION OF TERMS: Certain terms used in this Chapter shall have
the meanings herein given to them.
ACT: The Federal Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 U.S.C. 1251, et seq.
APPLICABLE PRETREATMENT STANDARDS: For any specified pollutant, City
prohibitive standards, City specific pretreatment standards, State of Idaho
pretreatment standards, or EPA's Categorical Pretreatment Standards,
whichever standard is appropriate or most stringent.
AUTHORIZED REPRESENTATIVE:
(A) If the User is a corporation:
1. The president, secretary, treasurer, or 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
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2. The manager of one or more manufacturing, production, or
operation facilities employing more than 250 persons or having
gross annual sales or expenditures exceeding $25 million (in
second-quarter 1980 dollars), if authority to sign documents has
been assigned or delegated to the manager in accordance with
corporate procedures;
(B) If the User is a partnership or sole proprietorship: a general partner or
proprietor, respectively;
(C) 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 his/her
designee.
(D) The individuals described in paragraphs 1 through 3 above may
designate another 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.
BIOCHEMICAL OXYGEN DEMAND: The quantity of oxygen utilized in the biochemical
oxidation of organic matter (BOD): under standard laboratory procedures for five
(5) days at 20 centigrade, usually expressed as a concentration (i.e., milligrams
per liter).
BUILDING DRAIN: That part of the lowest horizontal piping of a drainage system which
receives the discharge from soil, waste and other drainage pipes inside the walls
of the buildings and conveys it to the side sewer which begins two feet (2')
outside the outer face of the building wall or foundation.
CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD: Any
regulation containing pollutant discharge limits promulgated by the U.S. EPA in
accordance with Sections 307(b) and (c) of the Act (33 U.S.C. 1317) which apply
to a specific category of Users and which appear in 40 CFR Chapter I,
Subchapter N, Parts 405-471.
CATEGORICAL USER: A User covered by one or more Categorical Pretreatment
Standards.
CITY: The City of Ammon, Idaho.
CHLORINE REQUIREMENT: The amount of chlorine, in parts per million by weight
which must be added to the sewage to produce a specified residual chlorine
content, in accordance with procedures set forth in "Standard Methods."
CLEAN WATER ACT: The Clean Water Act of 1977 as codified in 33 USC §1251 et.
seq.
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CODE OF FEDERAL REGULATIONS OR C.F.R.: The United States Code of Federal
Regulations.
COLOR: The optical density at the visual wave length of maximum absorption, relative
to distilled water. One-hundred percent (100%) transmittance is equivalent to
zero (0.0) optical density.
COMBINED SEWER: A sewer receiving both surface runoff and sanitary wastewater.
COMPOSITE SAMPLE: The sample resulting from the combination of individual
wastewater samples taken at selected intervals based on an increment of either
flow or time.
COOLING WATER/ NON-CONTACT COOLING WATER: Water used for cooling which
does not come into direct contact with any raw material, intermediate product,
waste product, or finished product. Cooling water may be generated from any
use, such as air conditioning, heat exchangers, cooling or refrigeration to which
the only pollutant added is heat.
DIRECTOR: The Director of the Public Works Division of the City or his duly authorized
deputy, agent or representative.
DISCHARGE: The introduction of pollutants into the POTW from any non-domestic
source regulated under Section 307(b), (c), or (d) of the Act. The discharge into
the POTW is normally by means of pipes, conduits, pumping stations, force
mains, constructed drainage ditches, surface water intercepting ditches, and all
constructed devices and appliances appurtenant thereto.
DOMESTIC USER (RESIDENTIAL USER): Any person who contributes, causes, or
allows the NTIAL contribution of wastewater into the POTW that is of a similar
volume and/or chemical make-up as that of a residential dwelling unit.
Discharges from a residential dwelling unit typically include up to 100 gallons per
capita per day, 0.2 pounds of BOD per capita, and 0.17 pounds of TSS per
capita.
DWELLING UNIT: A building or structure or portion thereof that is constructed and used
primarily for residential purposes, or any building or structure which has been
constructed or altered to provide for two (2) or more families or households or
which has been constructed or altered to accommodate travelers or transients.
EIRWWA: The Eastern Idaho Regional Waste Water Authority.
EFFECTIVE DATE: January 5, 1984.
ENVIRONMENTAL PROTECTION AGENCY OR EPA: The United States
Environmental Protection Agency or, where appropriate, the Regional Water
Management Division Director, or other duly authorized official of said agency.
EXISTING USER: For non-categorical Users an "Existing User" is defined as any User
which is discharging wastewater prior to January 5, 1984.
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FEDERAL PRIORITY POLLUTANT LIST: The list of toxic pollutants identified in the list
included in 40 C.F.R., Part 403.
GARBAGE: The residue from the preparation, cooking and dispensing of food, and from
the handling, storage and sale of food products and produce.
GRAB SAMPLE: A sample which is taken from a waste stream on a one-time basis
without regard to the flow in the waste stream and without consideration of time.
GROUND GARBAGE: Garbage that has been shredded to such degree that all
particles can be carried freely in suspension under flow conditions normally
prevailing in public sewers, with no particle greater than one-half inch (½") in any
dimension.
INDIRECT DISCHARGE: A discharge.
INDUSTRIAL USER: A non-domestic User.
INTERFERENCE: A discharge which alone or in conjunction with a discharge or
discharges from other sources, either: (1) inhibits or disrupts the POTW, its
treatment processes or operations; (2) inhibits or disrupts its sludge processes,
use or disposal; or (3) 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 more
stringent state or local regulations: Section 405 of the Clean Water Act; the Solid
Waste Disposal Act (SWDA), including Title II commonly referred to as the
Resource Conservation and Recovery Act (RCRA); any state regulations
contained in any state sludge management plan prepared pursuant to subtitle D
of the SWDA; the Clean Air Act; and the Toxic Substances Control Act.
INDUSTRIAL WASTE: The solid liquid or gaseous waste resulting from any industrial,
manufacturing, trade or production process or from the development, recovery,
refining, or processing of natural resources.
INDUSTRIAL WASTEWATER DISCHARGE PERMIT: An authorization or equivalent
control document issued by the City to industrial Users discharging wastewater to
the POTW. The permit may contain appropriate pretreatment standards and
requirements as set forth in this chapter.
MAXIMUM ALLOWABLE DISCHARGE LIMIT: The maximum concentration (or loading)
of a pollutant allowed to be discharged at any time, determined from the analysis
of any discrete or composited sample collected, independent of the industrial flow
rate and the duration of the sampling event.
MEDICAL WASTES: 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.
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NEW SOURCE:
(A) 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
which will be applicable to such source if such standards are thereafter
promulgated in accordance with that section, provided that:
1. The building, structure, facility or installation is
constructed at a site at which no other source is located; or
2. The building, structure, facility or installation is
constructed at a site at which no other source is located; or
3. The production or wastewater generating pro-
cesses 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.
(B) 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.
(C) Construction of a new source as defined under this paragraph has
commenced if the owner or operator has:
1. Begun, or caused to begin as part of a continuous onsite
construction program:
2. Any placement, assembly or installation of facilities or
equipment; or
3. 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;
4. Entered into a binding contractual obligation for the
purchase of facilities or equipment are intended to be used in its
operation within a reasonable time. Options to purchase or contracts
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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.
NEW USER: A "New User" is not a "new-source" and is defined as a User that applies
to the City for a new building permit or any person who occupies an existing
building and plans to discharge wastewater to the City's collection system after
January 5, 1984. Any person that buys an existing facility that is discharging non-
domestic wastewater will be considered an "existing User" if no significant
changes are made in the manufacturing operation.
NPDES: National Pollutant Discharge Elimination System permit program as
administered by the U.S. Environmental Protection Agency.
NATURAL OUTLET: Any outlet into a watercourse, pond, ditch, lake, or other body of
surface or ground water.
pH: The logarithm (base 10) of the reciprocal of the hydrogen ion concentration
expressed in moles per liter and used to measure the acidity or alkalinity of a
solution. The pH shall be determined by the procedures outlined in "Standard
Methods."
PARTS PER MILLION: A weight-to-weight ratio; parts per million value multiplied by the
factor 8.342 shall be equivalent to pounds per million gallons of water.
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
dischargers from other sources, in 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.
PERMITTEE: A person or User issued a wastewater discharge permit.
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 or local entities.
POLLUTANT: Any dredged soil, solid waste, incinerator residue, sewage, garbage
sewage sludge, munitions, medical wastes, chemical wastes, biological
materials, radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt, agricultural and industrial wastes, and the characteristics of the
wastewater (i.e., pH, temperature, TSS, turbidity, color, BOD, Chemical Oxygen
Demand (COD), toxicity or odor.
POTW: The public treatment works of the City, consisting of all sewage treatment
facilities, equipment, and appurtenances for the treatment and disposal of
sewage.
PRETREATMENT: The reduction of the amount of pollutants, the elimination of
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pollutants, or the alteration of the nature of pollutant properties in wastewater to a
less harmful state prior to or in lieu of discharging or otherwise introducing such
pollutants into a 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.
PRETREATMENT REQUIREMENTS: Any substantive or procedural requirement
related to pretreatment imposed on a User, other than a pretreatment standard.
PRETREATMENT STANDARDS OR STANDARDS: Pretreatment standards shall mean
prohibited discharge standards, categorical pretreatment standards and local
limits established by the City/POTW.
PROHIBITED DISCHARGE STANDARDS OR PROHIBITED DISCHARGES: Absolute
prohibitions against the discharge of certain substances; these prohibitions
appear in Section 8.1.9(A) and (B) of this chapter.
PRIVATE SEWER: All sewers except public sewers.
PUBLIC SEWER: A sewer which discharges directly or indirectly into the POTW and
which is owned by the City and located on public property or within a publicly-
owned easement.
RESPONSIBLE PARTY: The property owner or occupant; tenant or lessee of property
in the event a landlord agreement has been executed with the city. If no landlord
agreement has been executed the responsible party is the property owner.
SANITARY SEWAGE: Wastes that are derived principally from dwellings, business
buildings, institutions and other places of habitation or occupation exclusive of
storm and surface water.
SANITARY SEWER: A sewer that conveys, or which is intended to convey, sanitary
sewage or industrial wastes, or a combination of the two.
SERVICE CHARGE: The charge assessed by the City for use of the POTW.
SEWAGE: Human excrement and gray water (household showers, dishwashing
operations, etc.).
SEWER: A pipe or conduit for conveying wastewater.
SEWER SERVICE: The pipe extension from the building drain to the public sewer.
SIGNIFICANT INDUSTRIAL USER (SIU):
(A) User subject to Categorical Pretreatment Standards; or
(B) A User that:
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1. Discharges an average of 25,000 gpd or more of process
wastewater into the POTW (excluding sanitary non-contact cooling and boiler
blow down wastewater); or
2. Contributes a process waste stream which makes up five (5)
percent or more of the average dry weather hydraulic or organic capacity of
the POTW treatment plant; or
3. 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.
4. Upon finding that a User meeting the criteria in Subsection Two
has no reasonable potential for adversely affecting the POTW's operation or
for violating any applicable pretreatment standard or requirement, the City
may at any time, on its own initiative or in response to a petition received
from a User, and in accordance with procedures in 40 CFR 403.8(f) (6),
determine that such User should not be considered a significant industrial
User.
SLUG LOAD: Any discharge at a flow rate or concentration which could cause a
violation of the discharge standards in Section 8-1-9 through 8-1-12 of this
chapter or any discharge of a non-routine, episodic nature, including but not
limited to, an accidental spill or a non-customary batch discharge.
STANDARD METHODS: The examination and analytical procedures set forth in the
most recent edition of "Standard Methods for the Examination of Water, Sewage
and Industrial Wastes," published jointly by the American Public Health
Association, the American Water Works Association and the Federation of
Sewage and Industrial Wastes Association.
STANDARD SEWAGE: Sewage and acceptable wastes which meet the specifications
set forth in this chapter regarding pH, BOD, dissolved oxygen, suspended solids
and grease.
STORM DRAIN: A pipe or conduit conveying Storm Water, surface and ground water
drainage and which does not convey sanitary sewage or industrial wastes.
STORM WATER: Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
TOTAL SUSPENDED SOLIDS: The total suspended matter that floats on the surface
of, or is suspended in, water, wastewater, or other liquid, and which is removable
by laboratory filtering.
TOXIC POLLUTANT: One of 126 pollutants, or combination of those pollutants, listed
as toxic in regulations promulgated by EPA under Section 307 (33 U.S.C. 1317)
of the Act.
TREATMENT WORKS: Those devices and systems defined in Section 35.905-23 of the
Federal Register, Vol. 39, Number 29, Pt. III, published February 11, 1974.
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UNAUTHORIZED USE: Any discharge including but not limited to wastewater into
the POTW without a valid permit and/or connection to the system.
UNPOLLUTED WATER: Any water or liquid containing none of the following sub-
stances: free or emulsified grease or oil; acids or alkalis; substances that may
impart taste or color characteristics; toxic or poisonous substances in
suspension, colloidal state or solution; odorous or otherwise obnoxious gases.
UPSET: An exceptional incident in which a discharger unintentionally and temporarily is
in a state of noncompliance with the standards set forth in this chapter due to
factors beyond the reasonable control of the discharger, and excluding non-
compliance to the extent caused by operational error, improperly designed
treatment facilities, inadequate treatment facilities, lack of preventive
maintenance or careless or improper operation thereof.
USER: Any person who discharges wastewater into the POTW.
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.
WASTEWATER TREATMENT PLANT: That portion of the POTW which is designed to
provide treatment of municipal sewage and industrial waste.
WATERCOURSE: A channel in which a flow of water occurs, either continuously or
intermittently.
8-1-3: ABBREVIATIONS: The following abbreviations shall have the designated
meanings:
ASPP: Accidental Spill Prevention Plan
BOD: Biochemical Oxygen Demand
CFR: Code of Federal Regulations
COD: Chemical Oxygen Demand
EPA: U.S. Environmental Protection Agency
gpd: Gallons per day
IWA: Industrial waste Acceptance (optional if the City uses an IWA)
l: Liter
LEL: Lower Explosive Limit
mg: Milligrams
mg/: Milligrams per liter
NPDES: National Pollutant Discharge Elimination System
O&M: Operations and Maintenance
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POTW: Publicly Owned Treatment Works
RCRA: Resource Conservation and Recovery Act
SIC: Standard Industrial Classifications
SIU: Significant Industrial User
WTP: The Wastewater Treatment Plant
SWDA: Solid Waste Disposal Act (42 U.S.C. 6901, et seq.)
TSS: Total Suspended Solids
USC: United States Code
8-1-4: ADMINISTRATION: Except as otherwise provided herein, the Director
shall administer, implement and enforce the provisions of this chapter. Any powers
granted to or duties imposed upon the Director may be delegated to other City per-
sonnel.
8-1-5: SCOPE OF CHAPTER: This chapter shall apply to all Users of the
POTW, regardless of whether or not such User is located within the boundaries of the
City. The City shall administer, implement, and enforce the provisions of this chapter.
8-1-6: SEWAGE TO BE DISCHARGED INTO WASTEWATER TREATMENT
SYSTEM: All sanitary sewage, industrial wastes or other waters containing any pollutant
shall be discharged into the POTW. No person shall otherwise dispose of sewage,
wastes or polluted waters into the POTW unless expressly permitted by this chapter.
Any violation of the provisions of this section shall be deemed to be a misdemeanor.
8-1-7: STORM WATER NOT PERMITTED IN SANITARY SEWER: No person
shall discharge or cause to be discharged any storm water, ground water, roof runoff,
sub-surface drainage, cooling water or unpolluted water from any source other than the
City water system, into the POTW.
Any violation of the provisions of this section shall be deemed to be an infraction.
8-1-8: UNPOLLUTED WATER DISCHARGED TO STORM DRAIN: All storm
water shall be discharged to such sewers as are expressly designated or approved by
the City as storm drains, or to a natural outlet approved by the City. Industrial cooling
water or unpolluted process water may be discharged upon approval of the City to a
storm drain, combined sewer or natural outlet.
Any violation of the provisions of this section shall be deemed to be an infraction.
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8-1-9: PROHIBITED DISCHARGE STANDARDS:
(A) 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.
(B) Specific Prohibitions: No User shall introduce or cause to be introduced
into the POTW the following pollutants, substances or wastewater:
1. Pollutants which create a fire or explosive hazard in the POTW, includ-
ing, but not limited to, waste streams with a closed-cup flashpoint of
less than 140F (60C) using the test methods specified in 40 CFR
261.21;
2. Wastewater having a pH less than 5.5 or more than 9.0, or otherwise
causing corrosive structural damage to the POTW or equipment in the
WTP;
3. Solid or viscous substances in amounts which will cause obstruction of
the flow in the POTW resulting in interference, but in no case solids
greater than one-half inch (½") in any dimension;
4. Pollutants, including oxygen-demanding pollutants released in a dis-
charge at a flow rate and/or pollutant concentration which, either singly
or by interaction with other pollutants, will cause interference with the
POTW;
5. Wastewater having a temperature which will inhibit biological activity in
the WTP resulting in interference, but in no case wastewater which
causes the temperature at the introduction into the WTP plant to exceed
104F (40C) unless the City approves alternate temperature limits;
6. Petroleum oil, non-biodegradable cutting oil, or products of mineral oil
origin, in amounts that will cause interference or pass through;
7. Pollutants which result in the presence of toxic gases, vapors, or fumes
within the POTW in a quality that may cause acute worker health and
safety problems;
8. Trucked or hauled pollutants, except at discharge points designated by
the City. Unless express permission is given in writing by the City
Engineer or under written agreement by the City Council, any items
related to this sub-section shall be transported to the POTW;
9. 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 or repair;
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10. Wastewater which imparts color which cannot be removed by the treat-
ment 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 EIRWWA NPDES permit that the
City is operating under. Color in combination with turbidity shall not
cause the treatment plant effluent to reduce the depth of the
compensation point for photosynthetic activity by more than ten percent
(10%) from the seasonably established norm for aquatic life;
11. Wastewater containing any radioactive wastes or isotopes except as
specifically approved in writing by the Director in compliance with appli-
cable state or federal regulations;
12. Storm water, surface water, ground water, artesian well water, roof
runoff, subsurface drainage, swimming pool drainage, condensate,
deionized water, non-contact cooling water, and unpolluted wastewater,
unless specifically authorized by the Director.
13. Any sludges, screenings, or other residues from the pretreatment of
industrial wastes or from industrial processes;
14. Medical wastes, except as specifically authorized by the Director;
15. Wastewater causing, along or in conjunction with other sources, the
WTP's effluent to fail a toxicity test;
16. Detergents, surface-active agents, or other substances which may
cause excessive foaming in the POTW;
17. Any liquid, solids, or gases which by reason of their nature or quantity
are, or may be, sufficient either alone or by interaction with other sub-
stances to cause fire or explosion or be injurious in any other way to the
POTW or to the operation of the POTW. At no time shall two (2)
successive readings on an explosion meter, at the point of discharge
into the system (or at any point in the system), be more than five
percent (5%) nor any single reading over ten percent (10%) of the lower
explosive limit (LEL) of the meter;
18. Grease, garbage other than ground garbage, animal guts or tissues,
paunch manure, bones, hair, hides or fleshings, entrails, whole blood,
feathers, ashes, cinders, sand, spent lime, stone or marble dusts, metal,
glass, straw, shavings, grass clippings, rags, spent grains, spent hops,
waste paper, wood, plastics, gas, tar asphalt residues, residues from
refining or processing of fuel or lubricating oil, mud, or glass grinding or
polishing wastes;
19. Any substance which will cause the POTW to violate its NPDES and/or
other disposal system permits;
20. Any wastewater, which in the opinion of the Director can cause harm
either to the sewers, WTP or equipment, have an adverse effect on the
Title 8, Chapter 1 Page 14 of 47 Revised 7-12-2018
receiving stream, or can otherwise endanger life, limb, public property
or constitute a nuisance, unless allowed under special agreement by
the Director, except that no special waiver shall be given from cate-
gorical pretreatment standards;
21. The contents of any tank or other vessel owned or used by any person
in the business of collecting or pumping sewage, effluent or septage;
22. Any hazardous waste as prohibited or regulated by the State of Idaho or
in EPA Rules 40 CFR Part 261;
23. Persistent pesticides and/or pesticides regulated by the Federal Insect-
icide Fungicide Rodenticide Act (FIFRA).
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.
Any violation of the provisions of this section shall be deemed to be a misdemeanor.
8-1-10: FEDERAL CATEGORICAL PRETREATMENT STANDARDS: The
National Categorical Pretreatment Standards found at 40 CFR Chapter I, Subchapter N,
Parts 405-471, or as may be promulgated by the EPA hereafter, are hereby incorporated
by reference. One copy of such standards shall be filed with the City Clerk and two (2)
copies of such standards shall be kept on file at all times in the office of the Director.
8-1-11: STATE REQUIREMENTS: State requirements and limitations on dis-
charges to the POTW shall be met by all Users which are subject to such standards in
any instance in which they are more stringent than federal requirements and limitations,
or those in this chapter or other applicable chapter.
8-1-12: LOCAL LIMITS: The following pollutant limits are established to protect
against pass through and interference. No person shall discharge wastewater containing
in excess of the following daily maximum allowable discharge limits.
Arsenic ................................................................. 0.07 mg/l
Cadmium.............................................................. 0.69 mg/l
Chromium (total) .................................................. 2.77 mg/l
Copper ................................................................. 3.38 mg/l
Cyanide ................................................................ 1.20 mg/l
Lead ..................................................................... 0.62 mg/l
Mercury ................................................................ 0.25 mg/l
Nickel ................................................................... 3.98 mg/l
Oil and grease (petroleum
or mineral oil products) ......................... 100.00 mg/l
Oil and grease (animal and
vegetable-based) ................................. 250.00 mg/l
Oil and grease (petroleum
and vegetable based) ........................... 100.00 mg/l
Silver .................................................................... 0.45 mg/l
Title 8, Chapter 1 Page 15 of 47 Revised 7-12-2018
Stoddard solvent .................................................. 0.00 mg/l
1,1,1-trichloroethylene .......................................... 2.61 mg/l
Zinc ...................................................................... 1.50 mg/l
The above limits apply at the point where the wastewater is discharged to the POTW
(end of the pipe). All concentrations for metallic substances are for "total" metal unless
indicated otherwise. The Director may impose mass limitations in addition to (or in place
of) the concentration-based limitations above. Where a User is subject to a categorical
pretreatment standard and a local limit for a given pollutant, the more stringent limit or
applicable pretreatment standard shall apply.
Any violation of the provisions of this section shall be deemed to be an infraction.
8-1-13: RIGHT OF REVISION: The City reserves the right to establish, by ord-
inance or in wastewater discharge permits, more stringent standards or requirements on
discharges to the POTW.
8-1-14: DILUTION: No User shall ever increase the use of process water, or in
any way attempt to dilute a discharge, as a partial or complete substitute for adequate
treatment to achieve compliance with an applicable pretreatment standard or
requirement unless expressly authorized by an applicable pretreatment standard or
requirement. The Director may impose mass limitations on Users which he believes may
be using dilution to meet applicable pretreatment standards or requirements or in other
cases when the imposition of mass limitations is appropriate.
Any violation of the provisions of this section shall be deemed to be an infraction.
8-1-15: SPECIAL AGREEMENTS: The City reserves the right to enter into
special agreements with Users setting out special terms under which they may dis-
charge to the POTW. In no case will a special agreement waive compliance with a
categorical pretreatment standard or federal pretreatment requirement. However, the
User may request a net gross adjustment to a categorical standard in accordance with
40 CFR 403.15. They may also request a variance from the categorical pretreatment
standard from the approval authority in accordance with 40 CFR 403.13.
8-1-16: APPROVAL REQUIRED FOR WASTEWATER: No User shall discharge
wastewater into the POTW without having first filed an application with the Director and
having obtained a permit to discharge wastewater into the POTW. At the time of such
application, the applicant shall provide sufficient information concerning the nature,
concentration and quantity of his waste or such other information as may be reasonably
necessary for the Director to assure compliance with this chapter. Upon receipt of said
application, the Director shall review the same and if necessary, inspect the property and
facilities of the applicant to determine if said facilities are in compliance with the
provisions of this chapter. Upon making such determination, the Director shall forthwith
issue a permit to the applicant authorizing discharge of waste to the public sewer. All
significant industrial Users shall in addition comply with the provisions of Section 8-1-33
through 8-1-46 of this chapter. Such permit may be issued upon conditions reasonably
Title 8, Chapter 1 Page 16 of 47 Revised 7-12-2018
necessary to assure compliance with this chapter, including, but not limited to, the
following:
(A) Limits on the average and maximum wastewater constituents and
characteristics;
(B) Limits on average and maximum rate and time of discharge or
requirements for flow regulations and equalization;
(C) Requirements for installation and maintenance of inspection and sampling
facilities;
(D) Conditions concerning sampling locations, frequency of sampling, number,
types and standards for tests and a reporting schedule therefore;
(E) Compliance schedules;
(F) Periodic submission of technical reports or other discharge reports
necessary to determine compliance with this chapter, and the frequency of
monitoring of the discharge;
(G) Any other condition reasonably necessary to assure compliance with this
chapter.
8-1-17: PRETREATMENT FACILITIES: Users shall provide necessary waste-
water treatment as required to comply with this chapter and shall achieve compliance
with all applicable pretreatment standards and requirements set out in this chapter within
the time limitations specified by the EPA, the State, of the Director, whichever is more
stringent. Any facilities required to pretreat wastewater to a level acceptable to the City
shall be provided, operated and maintained at the User's expense. Detailed plans
showing the pretreatment facilities and operating procedures shall be submitted to the
City for review, and shall be acceptable to the City before construction of the facility. The
review of such plans and operating procedures will in no way relieve the User from the
Responsibility of modifying the facility as necessary to produce an acceptable discharge
to the City under the provisions of this chapter.
8-1-18: DEADLINES FOR COMPLIANCE WITH APPLICABLE PRETREATMENT
REQUIREMENTS: Compliance by existing Users covered by categorical pretreatment
standards shall be accomplished within 3 years of the date the standard is effective
unless a shorter compliance time is specified in the appropriate standard. The City shall
establish a final compliance deadline date for any existing User not covered by
categorical pretreatment standards or for any categorical User when the local limits for
said User are more restrictive than EPA's categorical pretreatment standards. New
source dischargers and "new Users" are required to comply with applicable pretreatment
standards within the shortest feasible time not to exceed 90 days from the beginning of
discharge. New sources and new Users shall install and have in operating condition, and
shall "start-up" all pollution control equipment required to meet applicable pretreatment
standards before beginning to discharge.
Title 8, Chapter 1 Page 17 of 47 Revised 7-12-2018
Any wastewater discharge permit issued to a categorical User shall not contain a
compliance date beyond any deadline date established in EPA's categorical
pretreatment standards. Any other existing User or a categorical User that must comply
with a more stringent local limit, which is in non-compliance with any local limits shall be
provided with a compliance schedule placed in an industrial wastewater permit to ensure
compliance within the shortest time feasible.
8-1-19: GREASE TRAPS REQUIRED (IN KITCHEN): Whenever a building is
used as a hotel, boarding house or restaurant, the owner or occupant shall provide a
grease trap through which all wastes of a greasy nature shall be drained. Such grease
trap shall be designed to remove all grease and garbage in a manner which allows only
wastewater which complies with this chapter to drain into the sanitary sewer.
(A) Grease traps shall be cleaned at minimum every seven (7) days, unless
evidence is provided to the Director less frequent cleaning is sufficient.
Any violation of the provisions of this section shall be deemed to be an infraction.
8-1-20: INTERCEPTORS REQUIRED TO REMOVE HARMFUL INGREDIENTS
(EXTERIOR): Grease, oil and sand interceptors or other adequate removal facilities
shall be installed on the premises necessary to remove grease in excessive amounts,
high concentration of blood, fruit, vegetable or grain liquors, milk wastes, or any flam-
mable wastes, sand and other harmful ingredients. All interceptors shall be of a type and
capacity approved by the Director and shall be so located as to be readily and easily
accessible for cleaning and inspection. All interceptors shall be properly and regularly
maintained by the owner or occupant.
(A) Grease interceptors shall be cleaned at minimum one (1) time per quarter.
(B) A grease interceptor maintenance log shall be required for all commercial
kitchens. Forms are available from the City Office and shall be as
designated by the Director. An entry must be made each time the
interceptor is cleaned, stating the date and person/company providing the
cleaning. Receipts must be maintained if the service is provided by a septic
pumper not employed by the business.
(C) City personnel will carry out periodic inspections of food service facilities
grease interceptors.
Any violation of the provisions of this section shall be deemed to be an infraction.
8-1-21: CONNECTION TO SANITARY SEWER REQUIRED: Every building or
structure located within the City and from which any wastewater is discharged shall be
connected to the public sanitary sewer if such sewer is within two hundred feet (200') of
such building or structure. All connections to the sewer shall be made at the expense of
the owner or person having control thereof. Any person who fails to make such
connection within ninety (90) days after receiving a notice from the City advising him of
the availability of the sewer, shall be guilty of an infraction.
Title 8, Chapter 1 Page 18 of 47 Revised 7-12-2018
8-1-22: SEWER SERVICES: A separate and independent sewer service shall be
installed for every building using or required to use the POTW. Multiple connections to a
sewer service may be made in a travel trailer court, mobile home court, motel, cabins,
apartments, or offices where any unit does not have five hundred (500) square feet;
provided, however, that the facilities shall be approved for the connection and capable of
carrying that capacity.
8-1-23: SEWER SERVICE CONNECTION FEES:
(A) Permits Required: No person shall install or alter any sanitary sewer within
the City, or tap onto or connect to any sanitary sewer line, whether lateral,
main or interceptor, without first obtaining a permit from the City.
(B) Sewer Connection Fees: Before any permit is issued for the installation or
alteration of any sanitary sewer or before any connection is made to any
sanitary sewer line, whether lateral, main or interceptor, the applicant shall
pay to the City a sewer connection fee as established by resolution of the
City Council, which may be amended and modified from time to time by
resolution. The current schedule of charges shall be posted in the office of
the City Clerk and made available to any interested party inquiring
concerning connections.
1. A separate sewer connection permit must be obtained for each
building or trailer court or cabin court using the sanitary sewer system
of the City, and except as otherwise provided herein, the service
connection fee must be paid whenever a plumbing permit is required
by the City. Once the required sewer service connection fee has been
paid for any building connected to the POTW, no further connection
fee shall be charged for the connection of any sewer serving any
building constructed or reconstructed at the same place, or so near
the same place that no substantial extension of the original side sewer
is necessary to serve it.
(C) Sewer Main Fee: Any person desiring to connect to any public sanitary
sewer, whether lateral, main, or interceptor, shall pay a sewer main fee at
a rate of per front foot of property served by the main, irrespective of the
actual location of the main. Such fee shall be as adopted by resolution of
the City Council and may be amended from time to time. Such fee
schedule shall be maintained in the office of the City Clerk and made
available to any interested party inquiring and seeking a connection. Such
fee shall be in addition to any other permit fee required; however, no
sewer main fee is required if the property for which the connection is
sought is located within a lawfully platted subdivision. If any person
constructs a sewer main entirely at his or her expense, the City may, by
written agreement, pay over to such person such portion of the
connection charges as appropriate, collected by the City from any other
person who subsequently connects to such sewer main.
Title 8, Chapter 1 Page 19 of 47 Revised 7-12-2018
(D) Sanitary Sewer Capital Improvement Fund: There is hereby established
a Sanitary Sewer Capital Improvement Fund to be supervised and
managed by the City Treasurer. All sewer service connection fees and
sewer main fees collected under this chapter shall be deposited into said
Fund and shall be distributed only for the purposes set forth below.
(E) Disbursement of Funds: Disbursements may be made from the Sanitary
Sewer Capital Improvement Fund for the following purposes only:
1. Capital improvements to the sanitary treatment facilities.
2. Extensions to the sanitary sewer system, including lateral, mains and
interceptors.
3. Payment of principal and interest on any general obligation or revenue
bond or bonds issued by the City to defray the cost of construction,
extension or improvement of the sanitary sewer system.
4. Reimbursement of sewer main fees to a developer who has construc-
ted a sewer main or any portion thereof for which sewer main fees
have been collected from any other property owner served by such
sewer main.
8-1-24: SEWER SERVICE REPAIR: When any sewer service or private sewer
connected to the public sewer becomes obstructed, broken or out of order, the owner,
agent or tenant of such premises shall repair the same at his own expense.
(A) At such time as the City determines a customer service line is or is likely to
cause damage to roadways, easement, sewer collection or any
transmission line, the City Public Works Director or their designee shall
provide the property owner an explanation, in writing of the said issue and
shall order the problem to be repaired within twenty (20) days or such
additional time as permitted by the public works director.
(B) In the event repairs are not made, then the City shall make such repairs to
the extent permitted by law after which, an invoice shall be submitted to the
property owner which shall be paid within twenty (20) days or a lien shall be
placed on said property.
(C) To the extent that the City cannot do said repair, the City shall be entitled to
obtain an order from the court allowing said repair, all costs incurred in
obtaining said order including but not limited to attorney fees and court
costs shall be included in the cost of performing said repairs.
8-1-25: PERMIT REQUIRED TO WORK ON PUBLIC SEWER: No person shall
uncover, disturb, construct, repair or extend any part of the POTW without first obtaining
a sewer service excavation permit. No person shall extend any private sewer or sewer
service beyond the limits of the building or property for which a permit has been given
without obtaining a permit for the desired extension. The issuance of a sewer service
Title 8, Chapter 1 Page 20 of 47 Revised 7-12-2018
permit shall not be construed to permit any work for which a public right of way
excavation permit is required by this Code.
Said permit shall be considered issued for structure connections at such time as a
capacity replacement fee has been paid along with the issuance of a building permit.
Said permit shall be considered issued/approved for development extension of a main
line/trunk line upon the City Engineer approval of the improvement drawings for a
subdivision and/or development.
Any violation of the provisions of this section shall be deemed to be an infraction.
8-1-26: NOTICE OF INSPECTION: No person shall make connection to any
public sewer without first giving advance notice to the Director or their designee a
minimum of twenty-four (24) hours prior to the time of making such connection, stating
when such work will be ready for inspection. Any person desiring to lay or drive any pipe
in a public street, alley or easement shall give at least twenty-four (24) hours' notice to
the City. Notices given on any Saturday or legal holiday will not be accepted. No person
shall cover any connection to the public sewer system within a trench prior to receiving
the inspection required within this section.
Any violation of the provisions of this section shall be deemed to be an infraction.
8-1-27: RIGHT TO REVOKE PERMISSION: All sewer service excavation per-
mits issued under this chapter may be revoked upon failure of the holder of the permit to
comply with this chapter.
8-1-28: SEWER CONSTRUCTION SPECIFICATIONS: All construction or recon-
struction on public and private sewer services shall be in accordance with the provisions
of this chapter and all other generally accepted engineering specifications.
8-1-29: SUBMISSION OF INFORMATION: Plans, specifications and any other
pertinent information relating to proposed pretreatment or processing facilities shall be
submitted for approval to the City Engineer as the approving authority prior to the start of
their construction if the effluent from such facilities is to be discharged into the public
sewers.
8-1-30: INJURY TO SEWERAGE SYSTEM UNLAWFUL: No person shall
damage, break, remove or tamper with any portion of the POTW. No person shall
deposit into the POTW any substance which will likely obstruct the flow of wastewater in
the POTW.
Any violation of the provisions of this section shall be deemed to be a misdemeanor.
8-1-31: STATE REQUIREMENT: State standards and limitations on discharges
to the POTW shall be met by all Users where such standards are more stringent than
the standards in this or any other applicable chapter.
Title 8, Chapter 1 Page 21 of 47 Revised 7-12-2018
8-1-32: ACCIDENTAL DISCHARGES/SLUG CONTROL PLANS:
(A) The Director may require any User to develop and implement an
accidental discharge/slug control plan ("ASPP"). Where deemed
necessary by the City, facilities to prevent accidental discharge or slug
discharges of pollutants shall be provided and maintained at the User's
cost and expense. An accidental spill prevention plan/slug control plan
showing facilities and operating procedures to provide this protection shall
be submitted to the City for review and approval before implementation.
The City shall determine which User is required to develop a plan and
require said plan to be submitted within 30 days after written notification
by the City that an ASPP is required. Each User shall implement its ASPP
as submitted or as modified after such plan has been reviewed and
approved by the City. Review and approval of such plans and operating
procedures by the City shall not relieve the User from the responsibility to
modify its facility as necessary to meet the requirements of this chapter.
(B) Any User required to develop and implement an ASPP shall submit a plan
which addresses, 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 POTW of any accidental or
slug discharge. Such notification must also be given for any discharge
which would violate any of the standards in Sections 8-1-9 through 8-
1-12 of this chapter; and
4. Procedures to prevent adverse impact from any accidental or slug dis-
charge. Such procedures include, but are not limited to, inspection
and maintenance of storage areas, handling and transfer of materials,
loading and unloading operations, control of plant site runoff, worker
training, building of containment structures or equipment, measures
for containing toxic organic pollutants (including solvents) and/or mea-
sures and equipment for emergency response.
(C) Users shall notify the Superintendent immediately upon the occurrence of
a "slug" or "accidental discharge" of substances regulated by this chapter.
The notification shall include location of discharge, date and time thereof,
type of waste, concentration, and volume, and correlative actions. Any
affected User shall be liable for any expense, loss, or damage to the
POTW, including the amount of any fines imposed on the City on account
thereof under state or federal law.
(D) Within five (5) days following an accidental discharge, the User shall
submit to the Superintendent a detailed written report describing the
cause of the discharge and the measures to be taken by the User to
prevent similar future occurrences. Such notification shall not relieve the
User of any expense, loss, damage, or other liability which may be
Title 8, Chapter 1 Page 22 of 47 Revised 7-12-2018
incurred as a result of damage to the POTW, fish kills, or any other
damage to person or property; nor shall such notification relieve the User
of any fines, civil penalties, or other liability which may be imposed by this
chapter or other applicable law.
(E) Signs shall be permanently posted in conspicuous places on the User's
premises advising employees whom to call in the event of a slug or
accidental discharge. Employers shall instruct all employees who may
cause or discover such a discharge with respect to emergency notification
procedures.
Any violation of the provisions of this section shall be deemed to be an infraction.
8-1-33: WASTEWATER DISCHARGE PERMIT REQUIREMENTS: No significant
industrial User shall discharge wastewater into the POTW without first obtaining a
wastewater discharge permit from the Superintendent. Any violation of the terms and
conditions of a wastewater discharge permit shall be deemed a violation of this chapter
and subjects the wastewater discharge permittee to the sanctions set out in this chapter.
Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to
comply with all federal and state pretreatment standards or requirements or with any
other requirements of federal, state, and local law. The Superintendent may require
other Users, including liquid waste haulers, to obtain wastewater discharge permits (as
necessary) to carry out the purposes of this chapter.
Any violation of the provisions of this section shall be deemed to be an infraction.
8-1-34: WASTEWATER DISCHARGE PERMITTING: EXISTING SIU: Any SIU
that was discharging wastewater into the POTW prior to the effective date of this Code,
and who wishes to continue such discharges in the future, shall submit, within sixty (60)
days after notification by the Superintendent, a permit application to the City in
accordance with Section 8-1-37 of this chapter. The City's notification to SIU shall
comply with the 180-day submittal deadline date established in 40 CFR Section
403.12(b).
Any violation of the provisions of this section shall be deemed to be an infraction.
8-1-35: WASTEWATER DISCHARGE PERMITTING: NEW SOURCE AND NEW
USER: At least ninety (90) days prior to the anticipated start-up, New Sources, sources
that become a User subsequent to the promulgation of an applicable categorical
pretreatment standard, and New Users which are SIU's shall apply for a wastewater
discharge permit and will be required to submit to the City at least the information listed
in paragraphs (A)-(E) of Section 8-1-37. A New Source or New User cannot discharge
without first receiving a wastewater discharge permit from the City. New Sources and
New Users shall be required to include in their application information on the method of
pretreatment the User intends to use to meet applicable pretreatment standards. New
Sources and New Users shall give estimates of the information requested in paragraphs
(D) and (E) of Section 8-1-37.
Any violation of the provisions of this section shall be deemed to be an infraction.
Title 8, Chapter 1 Page 23 of 47 Revised 7-12-2018
8-1-36: WASTEWATER DISCHARGE PERMITTING: EXTRAJURISDICTIONAL
USERS: Any Existing User located beyond the City limits required to obtain a
wastewater discharge permit shall submit a wastewater discharge permit application as
outlined in Section 8-1-34. New Source and New Users located beyond the City limits
required to obtain a wastewater discharge permit shall comply with Section 8-1-35.
Any violation of the provisions of this section shall be deemed to be an infraction.
8-1-37: WASTEWATER DISCHARGE PERMIT APPLICATION CONTENTS: All
Users required to obtain a wastewater discharge permit must submit, at a minimum, the
following information. The Superintendent shall approve a form to be used as a permit
application. Categorical Users submitting the following information shall be deemed to
have complied with 40 CFR 403.12(b).
(A) Identifying Information. The User shall submit the name and address of
the facility, including the name of the operator and owners;
(B) Permits. The User shall submit a list of any environmental control permits
held by or for the facility;
(C) Description of Operations. The User shall submit a brief description of the
nature, average rate of production, and standard industrial classification
of the operation(s) carried out by such industrial User, including a list of
all raw materials and chemicals used or stored at the facility which are, or
could accidentally or intentionally be, discharged to the POTW; number
and type of employees; hours of operation; each produce produced by
type, amount, process or processes, and rate of production; type and
amount of raw materials processed (average and maximum per day); and
the time and duration of discharges. This description should also include
a schematic process diagram which indicates points of discharge to the
POTW from the regulated or manufacturing processes. Disclosure of site
plans, floor plans, mechanical and plumbing plans, and details to show all
sewers, sewer connections, inspection manholes, sampling chambers,
and appurtenances by size, location, and elevation.
(D) Flow Measurement.
1. Categorical User: The User shall submit information showing the
measured average daily and maximum daily flow, in gallons per day,
to the POTW from each of the following:
(a) Regulated or manufacturing process streams; and
(b) Other streams as necessary to allow use of the combined waste
stream formula of 40 CFR 403.6(e).
2. Non-Categorical User. The User shall submit information showing the
measured average daily and maximum daily flow, in gallons per day,
to the POTW from each of the following:
Title 8, Chapter 1 Page 24 of 47 Revised 7-12-2018
(a) Total process flow, wastewater treatment plant flow, total plant
flow, or individual manufacturing process flow as required by the
Superintendent.
The City may allow for verifiable estimates of these flows where justified by cost
or feasibility considerations.
(E) Measurements of Pollutants.
1. Categorical User:
(a) The User shall identify the applicable pretreatment standards for
each regulated or manufacturing process.
(b) In addition, the User shall submit the results of sampling and
analysis identifying the nature and concentration (or mass) where
required by the categorical pretreatment standard or as required
by the City of regulated pollutants (including standards contained
in Sections 8-1-9 through 8-1-12, as appropriate) in the discharge
from each regulated or manufacturing process. Both daily
maximum and average concentration (or mass, where required)
shall be reported. The sample shall be representative of daily
operations and shall conform to sampling and analytical
procedures outlined in Sections 8-1-47 through 8-1-49.
(c) The User shall take a minimum of one representative sample to
compile that data necessary to comply with the requirements of
this paragraph.
(d) Where an alternate concentration or mass limit has been calcula-
ted in accordance with 40 CFR 403.6(e) for a categorical User
covered by a categorical pretreatment standard, this adjusted limit
along with supporting data shall be submitted as part of the
application.
2. Non-Categorical User.
(a) The User shall identify the applicable pretreatment standards for
its wastewater discharge.
(b) In addition, the User shall submit the results of sampling and
analysis identifying the nature and concentration (or mass where
required by the City of regulated pollutants contained in Sections
8-1-9 through 8-1-12, as appropriate in the discharge. Both daily
maximum and average concentration (or mass, where required)
shall be reported. The sample shall be representative of daily
operations and shall conform to sampling and analytical pro-
cedures outlined in Sections 8-1-47 through 8-1-49.
Title 8, Chapter 1 Page 25 of 47 Revised 7-12-2018
(c) The User shall take a minimum of one representative sample to
compile that data necessary to comply with the requirements of
this paragraph.
(d) Where the Superintendent developed alternate concentration or
mass limits because of dilution, this adjusted limit along with
supporting data shall be submitted as part of the application.
(F) Certification. A statement, reviewed by an authorized representative of
the User and certified by a qualified professional as outlined in Section 8-
1-38, indicating whether the applicable pretreatment standards are being
met on a consistent basis, and, if not, whether additional operation and
maintenance (hereafter referred to as "O and M") or additional
pretreatment is required for the User to meet the applicable pretreatment
standards and requirements.
(G) Compliance Schedule. If additional pretreatment or O and M will be
required to meet the applicable pretreatment standards the User shall
submit a Compliance Schedule indicating the shortest schedule by which
the User will provide such additional pretreatment and/or O and M. The
completion date in this schedule shall not be later than the compliance
date established pursuant to Section 8-1-18 of this Ordinance.
1. Where the User's categorical pretreatment standard has been
modified by removal allowance (40 CFR 403.7), the combined waste
stream formula (40 CFR 403.6(e)), or a Fundamentally Different
Factors variance (40 CFR 493,13) at the time the User submits the
report required by this paragraph, the information required by
paragraphs (F) and (G) of this section shall pertain to the modified
limits.
2. If the categorical pretreatment standard is modified by a removal
allowance (40 CFR 403.7), the combined waste stream formula (40
CFR 403.6(e)), and/or a Fundamentally Different Factors variance (40
CFR 403.13) after the User submits the report required by paragraphs
(F) and (G) of this section shall be submitted by the User within 60
days after the modified limit is approved.
(H) Any other information as may be deemed necessary by the
Superintendent to evaluate the wastewater discharge permit application.
8-1-38: SIGNATORY AND CERTIFICATION REQUIRED. All wastewater dis-
charge permit applications and User reports must be signed by an Authorized Rep-
resentative of the User and shall contain the following certification statement:
"I certify under penalty of law that this document and all attachments were
prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gather and evaluate
the information submitted. Based on my inquiry of the person or persons
who manage the system, or those persons directly responsible for
Title 8, Chapter 1 Page 26 of 47 Revised 7-12-2018
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."
8-1-39: WASTEWATER DISCHARGE PERMIT DECISIONS: The Public Works
Director or their designee will evaluate the data furnished by the User and may require
additional information. Within thirty (30) days of receipt of a complete wastewater
discharge permit application, the Superintendent will determine whether or not to issue a
wastewater discharge permit. Upon a determination to issue, the permit shall be issued
within thirty (30) days of full evaluation and acceptance of the data furnished. The Public
Works Director or their designee may deny any application for a wastewater discharge
permit if the application fails to conform to this chapter in any respect.
8-1-40: WASTEWATER DISCHARGE PERMIT CONTENTS: Wastewater dis-
charge permits shall include such conditions as are reasonably deemed necessary by
the Public Works Director or their designee to prevent pass through or interference, to
protect the quality of the body of water receiving the treatment plant's effluent, to protect
worker health and safety, to facilitate sludge management and disposal and to protect
against damage to the POTW.
(A) Wastewater discharge permits must contain the following conditions:
1. A statement that indicates the duration of the wastewater discharge
permit, which in no event shall exceed five (5) years;
2. A statement that the wastewater discharge permit is non-transferable
without prior notification to and approval from the City, and provision
for furnishing the new owner or operator with a copy of the existing
wastewater discharge permit;
3. Applicable pretreatment standards and requirements, including any
special state requirements;
4. Self monitoring, sampling, reporting, notification, submittal of technical
reports, compliance schedules, and record-keeping requirements.
These requirements shall include an identification of pollutants to be
monitored, sampling location, sampling frequency, and sample type
based on federal, state, and local law; and
5. A requirement for immediate notification to the City where self-mon-
itoring results indicate non-compliance;
6. A requirement to report a by-pass or upset of a pretreatment facility;
7. A requirement for a SIU who reports non-compliance to repeat the
sampling and analysis and submit the results thereof to the City within
30 days after becoming aware of the violation;
Title 8, Chapter 1 Page 27 of 47 Revised 7-12-2018
8. A statement of applicable civil, criminal, and administrative penalties
for violation of pretreatment standards and requirements, and any
applicable compliance schedule.
(B) Wastewater discharge permits may contain, but need not be limited to,
the following conditions:
1. Limits on the average or maximum rate of discharge, time of dis-
charge, or requirements for flow regulation and equalization;
2. 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;
3. Requirements for the development and implementation of spill control
plans or other special conditions including management practices
necessary to adequately prevent accidental, unanticipated, or routine
discharges;
4. Development and implementation of waste minimization plans to
reduce the amount of pollutants discharged to the POTW;
5. The unit charge or schedule of User charges and fees for the
management of the wastewater discharge to the POTW;
6. Requirements for installation and maintenance of inspection and
sampling facilities and equipment;
7. A statement that compliance with the 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 wastewater discharge
permit;
8. Other conditions as deemed appropriate by the Superintendent to
ensure compliance with this chapter and state and federal laws, rules,
and regulations.
8-1-41: WASTEWATER DISCHARGE PERMIT APPEALS:
(A) Any person, including the User, may petition the City to reconsider the
terms of a wastewater discharge permit within thirty (30) days of its
issuance.
(B) Failure to submit a timely petition for review shall be deemed to be a
waiver of the administrative appeal.
(C) In its petition, the appealing party must indicate the wastewater discharge
permit provisions objected to, the reasons for this objection, and the
Title 8, Chapter 1 Page 28 of 47 Revised 7-12-2018
alternative condition, if any, it seeks to place in the wastewater discharge
permit.
(D) The effectiveness of the wastewater discharge permit shall not be stayed
pending the appeal.
(E) If the City fails to act within thirty (30) days, a request for reconsideration
shall be deemed to be denied. Decisions not to reconsider a wastewater
discharge permit, not to issue a wastewater discharge permit, or not to
modify a wastewater discharge permit shall be considered final
administrative actions for purposes of judicial review.
(F) Aggrieved parties seeking judicial review of the final administrative waste-
water discharge permit decision must do so by filing a complaint with a
court of competent jurisdiction within thirty (30) days after the date such
decision was signed and mailed or physically delivered to the User.
8-1-42: WASTEWATER DISCHARGE PERMIT DURATION: Wastewater dis-
charge permits shall be issued for a specified time period, not to exceed five (5) years, at
the discretion of the Superintendent. Each wastewater discharge permit will indicate a
specific date upon which it will expire.
8-1-43: WASTEWATER DISCHARGE PERMIT MODIFICATION: The Superin-
tendent may modify the wastewater discharge permit for good cause including, but not
limited to, the following:
(A) To incorporate any new or revised federal, state, or local pretreatment
standards or requirements;
(B) To address significant alterations or additions to the User's operation, pro-
cesses or wastewater volume or character since the time of wastewater
discharge permit issuance;
(C) A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge;
(D) Information indicating that the permitted discharge poses a threat to the
City's POTW, City personnel or the receiving waters;
(E) Violation of any terms or conditions of the wastewater discharge permit
(F) Misrepresentation or failure to fully disclose all relevant facts in the waste-
water discharge permit application or in any required reporting;
(G) Revision of or a grant of variance from categorical pretreatment standards
pursuant to 40 CFR 403.13;
Title 8, Chapter 1 Page 29 of 47 Revised 7-12-2018
(H) To correct typographical or other errors in the wastewater discharge
permit; or
(I) To reflect a transfer of the facility ownership or operation to a new owner
or operator.
8-1-44: WASTEWATER DISCHARGE PERMIT TRANSFER: Wastewater dis-
charge permits may be reassigned or transferred to a new owner or operator only if the
permittee gives at least thirty (30) days' advance notice to the Public Works Director or
their designee and the Public Works Director or their designee approves the wastewater
discharge permit transfer. The notice to the Public Works Director or their designee must
include a written certification by the new owner or operator which:
(A) States that the new owner 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
wastewater discharge permit.
If such certification is delivered to the Public Works Director or their designee and there
are no significant changes to the manufacturing operation or wastewater discharge, the
new owner will be considered an existing User and be covered by the existing limits and
requirements in the previous owner's permit. Failure to provide advance notice of a
transfer renders the wastewater discharge permit voidable as of the date of facility
transfer.
8-1-45: WASTEWATER DISCHARGE PERMIT REVOCATION: Wastewater
discharge permits may be revoked for, but not limited to, the following reasons:
(A) Failure to notify the Superintendent of significant changes to the
wastewater prior to the changed discharge;
(B) Failure to provide prior notification to the Superintendent of changed
conditions;
(C) Misrepresentation or failure to fully disclose all relevant facts in the waste-
water discharge permit application;
(D) Falsifying self-monitoring reports;
(E) Tampering with monitoring equipment;
(F) Refusing to allow the City timely access to the facility premises and
records;
(G) Failure to meet discharge limitations;
Title 8, Chapter 1 Page 30 of 47 Revised 7-12-2018
(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 a permitted facility; or
(M) If the City has to invoke its emergency provision as cited in Section 8-1-
61 of this chapter.
(N) Violation of any pretreatment standard or requirement, or any terms of the
wastewater discharge permit or this chapter.
Wastewater discharge permits shall be voidable upon cessation of operations or transfer
of business ownership. All wastewater discharge permits issued to a particular User are
void upon the issuance of a new wastewater discharge permit to that User.
8-1-46: WASTEWATER DISCHARGE PERMIT REISSUANCE: A User required
to have a wastewater discharge permit shall apply for wastewater discharge permit
reissuance by submitting a complete wastewater discharge permit application, in
accordance with Section 8-1-37 of this chapter, a minimum of sixty (60) days prior to the
expiration of the User's existing wastewater discharge permit. A User whose existing
wastewater discharge permit has expired and has submitted its re-application in the time
period specified herein shall be deemed to have an effective wastewater discharge
permit until the City issues or denies the new wastewater discharge permit. A User
whose existing wastewater discharge permit has expired and who failed to submits its
re-application in the time period specified herein will be deemed to be discharging
without a wastewater discharge permit.
8-1-47: SAMPLING REQUIREMENTS FOR USERS:
(A) A minimum of four (4) grab samples must be used for pH, cyanide, total
phenols, oil and grease, sulfide and volatile organics. The Superintendent
will determine on a case-by-case basis whether the User will be able to
composite the individual grab samples. For all other pollutants, 24-hour
composite samples must be obtained through flow-proportional composite
sampling techniques where feasible. The City may waive flow-
proportional composite sampling for any User that demonstrates that
flow-proportional is infeasible. In such cases, samples may be obtained
through time-proportional composite sampling techniques or through a
minimum of four (4) grab samples where the User demonstrates that this
will provide a representative sample of the effluent being discharged.
(B) Samples should be taken immediately downstream from pretreatment
facilities if such exist or immediately downstream from the regulated or
Title 8, Chapter 1 Page 31 of 47 Revised 7-12-2018
manufacturing process if no pretreatment exists or as determined by the
City and contained in the User's wastewater discharge permit. For
categorical Users, 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 waste stream
formula of 40 CFR 403.6(e) in order to evaluate compliance with the
applicable categorical pretreatment standards. For other SIUs, for which
the City has adjusted its local limits to factor out dilution flows, the User
should measure the flows and concentrations necessary to evaluate
compliance with the adjusted pretreatment standards.
(C) All sample results 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
from the User. If a User samples and analyzes more frequently than what
was required in its wastewater discharge permit, using methodologies in
40 CFR Part 136, it must submit all results of sampling and analysis of
the discharge as part of its self-monitoring report.
Any violation of the provisions of this section shall be deemed to be an infraction.
8-1-48: ANALYTICAL REQUIREMENTS: All pollutant analyses, including samp-
ling techniques, shall be performed in accordance with the techniques prescribed in 40
CFR Part 136, 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, sampling and analyses must be performed in accordance with
procedures approved by the EPA.
Any violation of the provisions of this section shall be deemed to be an infraction.
8-1-49: MONITORING OF USER'S WASTEWATER: The City may follow the
same procedures as outlined in Sections 8-1-47 and 8-1-48 whenever it deems City
monitoring is appropriate to ensure compliance with this chapter.
8-1-50: INSPECTION AND SAMPLING: The City shall have the right to enter the
facilities of any User to ascertain whether the purposes of this chapter, and any
wastewater discharge permit or order issued hereunder, are being met and whether the
User is complying with all requirements thereof. Users shall allow the Superintendent
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.
(A) Where a User has security measures in force which require proper identi-
fication 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 Public Works Director or their
designee will be permitted to enter without delay for the purposes of
performing specific responsibilities.
Title 8, Chapter 1 Page 32 of 47 Revised 7-12-2018
(B) The Public Works Director or their 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 or metering of the User's operations.
(C) Any temporary or permanent obstruction to safe and easy access to the
facility to be inspected or sampled shall be promptly removed by the User
at the written or verbal request of the Public Works Director or their
designee and shall not be replaced. The costs of clearing such access
shall be borne by the User.
(D) Unreasonable delays in allowing the Public Works Director or their
designee access to the User's premises shall be a violation of this
chapter.
Any violation of the provisions of this section shall be deemed to be an infraction.
8-1-51: MONITORING FACILITIES:
(A) Each User shall provide and operate at its own expense a monitoring
facility to allow inspection, sampling, and flow measurements of each
sewer discharge to the City. Each monitoring facility shall be situated on
the User's premises, except where such a location would be impractical
or cause undue hardship on the User.
(B) Ample room shall be provided in or near such sampling facility to allow
accurate sampling and preparation of samples for analysis. The facility
sampling and measuring equipment shall be maintained at all times in a
safe and proper operating condition at the expense of the User. All
monitoring facilities shall be constructed and maintained in accordance
with all applicable local construction standards and specifications.
(C) The Public Works Director or their designee may require the User to
install monitoring equipment as necessary. The facility's sampling and
monitoring equipment shall be maintained at all times in a safe and
proper operating condition by the User at its own expense. All devices
used to measure wastewater flow and quality shall be calibrated to
ensure their accuracy.
Any violation of the provisions of this section shall be deemed to be an infraction.
8-1-52: SEARCH WARRANTS: If the Public Works Director or their designee
has been refused access to a building, structure or property, or any part thereof, and is
able to demonstrate probable cause to believe that there may be a violation of this
chapter, or that there is a need to inspect as part of a routine inspection program of the
City designed to verify compliance with this chapter or any wastewater discharge permit
or order issued hereunder, or to protect the overall public health, safety, and welfare of
the community, then the Superintendent may seek issuance of a search or seizure
warrant from a court of competent jurisdiction. Such warrant shall be served in the
manner allowed by law.
Title 8, Chapter 1 Page 33 of 47 Revised 7-12-2018
8-1-53: CONFIDENTIAL INFORMATION: Information and data on a User
obtained from reports, surveys, wastewater discharge permit applications, wastewater
discharge permits, and monitoring programs, and from City inspection and sampling
activities, shall be available to the public without restriction, unless the User specifically
requests, and is able to demonstrate to the satisfaction of the City, that the release of
such information would divulge information, processes, or methods of production entitled
to protection as trade secrets under applicable state law. When requested and
demonstrated by the User furnishing a report that such information should be held
confidential, the portions of a report which might disclose trade secrets or secret
processes shall not be made available for inspection by the public, but shall be made
available immediately upon request to governmental agencies for uses related to the
NPDES program or pretreatment program, and in enforcement proceedings involving the
person furnishing the report. Wastewater constituents and characteristics and other
"effluent data" as defined by 40 CFR 2.302 will not be recognized as confidential
information and will be available to the public without restriction.
8-1-54: PUBLICATION OF USERS IN SIGNIFICANT NON-COMPLIANCE: The
City shall publish annually, in the Official Newspaper, a list of the Users which, during
the previous twelve (12) months, were in significant non-compliance with applicable
pretreatment standards and requirements. The term significant non-compliance shall
mean:
(A) Chronic violations of wastewater discharge limits, defined here as those
in which sixty-six percent (66%) or more of wastewater measurements
taken during a six (6) month period exceed the daily maximum limit or
average limit for the same pollutant parameter by any amount;
(B) 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 daily maximum limit or the average limit
multiplied by the applicable criteria \[1.4 for BOD, TSS, fats, oils and
grease, and 1.2 for all other pollutants except pH\];
(C) Any other discharge violation that the City believes has caused, alone or
in combination with other discharges, interference or pass through
(including endangering the health of City personnel or the general public);
(D) Any discharge of pollutants that has caused imminent endangerment to
the public or to the environment, or has resulted in the City's exercise of
its emergency authority to halt or prevent such a discharge;
(E) Failure to meet, within ninety (90) days of the scheduled date, a
compliance schedule milestone contained in a wastewater discharge
permit or enforcement order for starting construction, completing
construction, or attaining final compliance;
(F) Failure to provide within thirty (30) days after the due date, any required
reports, including baseline monitoring reports, reports on compliance with
Title 8, Chapter 1 Page 34 of 47 Revised 7-12-2018
categorical pretreatment standard deadlines, periodic self-monitoring
reports, and reports on compliance with compliance schedules;
(G) Failure to accurately report non-compliance; or
(H) Any other violation(s) which the City determines will adversely affect the
operation or implementation of the local pretreatment program.
8-1-55: NOTIFICATION OF VIOLATION: When the Superintendent finds that a
User has violated or continues to violate any provision of this chapter, a wastewater
discharge permit or order issued hereunder, or any other pretreatment standard or
requirement, the Public Works Director or their designee may serve upon that User a
written Notice of Violation, by certified letter. Within thirty (30) days of the receipt of this
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 Public Works Director or their designee. Submission of this plan in no way relieves
the User of liability for any violation occurring before or after receipt of the Notice of
Violation. Nothing in this section shall limit the authority of the City to take any action,
including emergency actions or any other enforcement action, without first issuing a
Notice of Violation.
8-1-56: CONSENT ORDERS: The Public Works Director or their designee may
enter into consent orders, assurances of voluntary compliance, or other similar
documents establishing an agreement with any User responsible for non-compliance.
Such documents will include specific action to be taken by the User to correct the non-
compliance 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 8-1-
58 and 8-1-59 of this chapter and shall be judicially enforceable. Use of a Consent Order
shall not be a bar against, or prerequisite for, taking any other action against the User.
8-1-57: SHOW CAUSE HEARING: The Public Works Director or their designee
may order a User which has violated or continues to violate any provision of this chapter,
a wastewater discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, to appear before the Public Works Director or their designee
and show cause why the proposed enforcement action should not be taken. Notice shall
be served on the User 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 fifteen (15) days prior to the hearing. Such notice may be served on
any Authorized Representative of the User. A show cause hearing shall not be a bar
against, or prerequisite for, taking any other action against the User.
8-1-58: COMPLIANCE ORDERS: When the of Public Works Director or their
designee finds that a User has violated or continues to violate any provision of this
chapter, a wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, the Superintendent may issue an order to the
Title 8, Chapter 1 Page 35 of 47 Revised 7-12-2018
User responsible for the discharge directing that the User come into compliance within a
time specified in the order. If the User does not come into compliance within the time
specified in the order, sewer service may be discontinued unless adequate treatment
facilities, devices, or other related appurtenances are installed and properly operated.
Compliance orders may also contain other requirements to address the non-compliance,
including additional self-monitoring and management practices designed to minimize the
amount of pollutants discharged to the sewer. Issuance of a compliance order shall not
be a bar against, or a prerequisite for, taking any other action against the User.
8-1-59: CEASE AND DESIST ORDERS: When the Public Works Director or their
designee finds that a User has violated, or continues to violate, any provision of this
chapter, a wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement, or that the User's past violations are likely to
recur, the Superintendent may issue an order to the User directing it to cease and desist
all such violations and directing the User to:
(A) Immediately comply with all requirements; and
(B) Take such appropriate remedial or preventive action as may be needed to
properly address a continuing or threatened violation, including halting
operations 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.
8-1-60: REPEALED
8-1-61: EMERGENCY SUSPENSIONS: The Superintendent may immediately
suspend a User'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 which causes an imminent or substantial endangerment to the
health or welfare of persons. The Superintendent may also immediately suspend a
User'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.
(A) Any User notified of a suspension of its discharge shall immediately stop
or eliminate its discharge into the POTW. In the event of a User's failure
to immediately comply voluntarily with the suspension order, the
Superintendent shall take 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 shall allow the User to recommence its
discharge when the User has demonstrated to the satisfaction of the City
that the period of endangerment has passed, unless the termination
proceedings in Section 8-1-62 of this chapter are initiated against the
User.
Title 8, Chapter 1 Page 36 of 47 Revised 7-12-2018
(B) 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,
prior to the date of any show cause or termination hearing under Sections
8-1-57 and 8-1-62 of this chapter.
Nothing in the section shall be interpreted as requiring a hearing prior to an emergency
suspension under this section.
8-1-62: TERMINATION OF DISCHARGE (NON-EMERGENCY): In addition to
the provisions in Section 8-1-45 of this chapter, any User that violates any of the
following conditions is subject to discharge termination:
(A) Violation of wastewater discharge permit conditions;
(B) Failure to accurately report the wastewater constituents and
characteristics of its discharge;
(C) Failure to report significant changes in operations or wastewater volume,
constituents and characteristics prior to discharge;
(D) Refusal of reasonable access to the User's premises for the purpose of
inspection, monitoring or sampling; or
(E) Violation of the pretreatment standards in Sections 8-1-9 through 8-1-21
this chapter.
Such User will be notified of the proposed termination of its discharge and be offered an
opportunity to show cause under Section 8-1-57 of this chapter why the proposed action
should not be taken. Exercise of this option by the City shall not be a bar to, or a
prerequisite for, taking any other action against the User.
Any violation of the termination of the discharge provision of this section shall be
deemed to be an infraction.
8-1-63: INJUNCTIVE RELIEF: When the Superintendent finds that a User has
violated, or continues to violate, any provision of this chapter, a wastewater discharge
permit, or order issued hereunder, or any other pretreatment standard or requirement,
the City may petition the Seventh Judicial District of the State of Idaho, Bonneville
County, through the City Attorney, for the issuance of a temporary or permanent
injunction, as appropriate, which restrains or compels the specific performance of the
wastewater discharge permit, order, or other requirement imposed by this chapter on
activities of the User. The City may also seek such other action as is appropriate for
legal or equitable relief, including a requirement for the User to conduct environmental
remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for,
taking any other action against a User.
Title 8, Chapter 1 Page 37 of 47 Revised 7-12-2018
8-1-64: CIVIL PENALTIES:
(A) A user which has violated or continues to violate any provision of this
chapter, a wastewater discharge permit, or order issued hereunder, or
any other pretreatment standard or requirement shall be liable to the City
for the actual damages sustained by the City or not less than a minimum
civil penalty of $1,000 per violation, per day. In the case of a monthly or
other long-term average discharge limit, penalties shall accrue for each
day during the period of the violation.
(B) The City many recover reasonable attorney 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.
(C) In determining the amount of civil liability, the Court shall take into
account all relevant circumstances, including, but not limited to, the extent
of harm caused by the violation, the magnitude and duration, any
economic benefit gained through the User’s violation, corrective actions
by the User, the compliance history of the User, and any other factor as
justice requires.
(D) Filing a suit for civil penalties shall not be a bar against, or a prerequisite
for taking any other action against a User.
8-1-65: REPEALED
8-1-66: REMEDIES NON-EXCLUSIVE: The provisions in Sections 8-1-54
through 8-1-72 of this chapter are not exclusive remedies. The City may pursue any one
or more of such remedies for any violation of this chapter. Enforcement of pretreatment
violations will generally be in accordance with the City's enforcement response plan;
however, the City may take other action against any User when the circumstances
warrant. Further, the City may simultaneously take more than one enforcement action
against any non-compliant User.
8-1-67: PERFORMANCE BONDS: The Superintendent may decline to issue or
reissue a wastewater discharge permit to any User which has failed to comply with any
provision of this chapter. The Superintendent may decline to issue or reissue a
wastewater discharge permit to any user which has failed to comply with any provision of
this chapter, a previous wastewater discharge permit or order issued hereunder, or any
other pretreatment standard or requirement unless such user first files a satisfactory
bond, payable to the City, in a sum not to exceed a value determined by the
Superintendent to be necessary to achieve consistent compliance.
8-1-68: LIABILITY INSURANCE: The Superintendent may decline to issue or
reissue a wastewater discharge permit to any User which has failed to comply with any
Title 8, Chapter 1 Page 38 of 47 Revised 7-12-2018
provision of this chapter, a previous wastewater discharge permit or order issued
hereunder, of any other pretreatment standard or requirement, unless the User first
submits proof that it has obtained adequate general liability insurance or other similar
financial assurances sufficient to restore or repair damage to the POTW caused by its
discharge.
8-1-69: TERMINATION OF UTILITY SERVICES: Whenever a User has violated
or continues to violate any provision of this chapter, a wastewater discharge permit or
order issued hereunder, or any other pretreatment standard or requirement, electric
service, water service, or other public utility services to the User may be terminated in
accordance with the procedures set forth in Section 8-5-17 of this Code.
8-1-70: PUBLIC NUISANCES: A violation of any provision of this chapter, a
wastewater discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement, is hereby declared a public nuisance and shall be corrected or
abated as directed by the Superintendent. Any person(s) creating a public nuisance shall
be subject to the provisions of the City Code or state law governing such nuisances,
including reimbursing the City for any costs incurred in removing, abating or remedying
said nuisance.
8-1-71: REPEALED
8-1-72: REPEALED
8-1-73: AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS: The follow-
ing affirmative defenses may be established by a User against whom any enforcement
action or remedy is sought.
(A) Upset.
a. For the purposes of this section, "upset" means an exceptional
incident in which there is unintentional and temporary non-
compliance with applicable pretreatment standards because of
factors beyond the reasonable control of the User. An upset does
not include non-compliance to the extent caused by operational
error, improperly designed treatment facilities, inadequate treatment
facilities, lack of preventive maintenance, or careless or improper
operation.
b. An upset shall constitute an affirmative defense to an action brought
for non-compliance with applicable pretreatment standards if the
requirements of paragraph (3) are met.
c. A User who wishes to establish the affirmative defense of upset
shall demonstrate, through properly signed, contemporaneous
operating logs, or other relevant evidence that:
Title 8, Chapter 1 Page 39 of 47 Revised 7-12-2018
i. An upset occurred and the User can identify the cause(s) of the
upset;
ii. The facility was at the time being operated in a prudent and
workman-like manner and in compliance with applicable
operation and maintenance procedures; and
iii. The User has submitted the following information to the POTW
and treatment plant operator within 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 description of the indirect discharge and cause of non-
compliance;
The period of non-compliance, including exact dates and times
or, if not corrected, the anticipated time the non-
compliance is expected to continue; and
Steps being taken and/or planned to reduce eliminate and
prevent recurrence of the non-compliance.
d. In any enforcement proceeding, the User seeking to establish the
occurrence of an upset shall have the burden of proof.
e. Users will have the opportunity for a judicial determination on any
claim of upset only in an enforcement action brought for non-com-
pliance with applicable pretreatment standards.
f. Users shall control production of all discharges to the extent
necessary to maintain compliance with applicable pretreatment
standards upon reduction, loss, or failure of 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.
(B) Prohibited Discharge Standards. A User shall have an affirmative defense
to an enforcement action brought against it for non-compliance with the
prohibitions in Section 8-1-9 if it can prove that it did not know, or have
reason to know, that its discharge, alone or in conjunction with discharges
from other sources, would cause pass through or interference and that
either:
(a) A local limit exists for each pollutant discharged and the User
was in compliance with each limit directly prior to, and during, the
pass through or interference; or
(b) No local limit exists, but the discharge did not change
substantially in nature or constituents from the User's prior
discharge when the City was regularly in compliance with its
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NPDES permit, and in the case of interference, was in compliance
with applicable sludge use or disposal requirements.
(C) Bypass.
a. For the purposes of this section:
i. "Bypass" means the intentional diversion of waste streams from
any portion of a User's treatment facility.
ii. "Severe property damage" means substantial physical damage to
property, damage to the treatment facilities which causes them
to become inoperable, or substantial and permanent loss of
natural resources which can reasonably be expected to occur
in the absence of a bypass. Severe property damage does not
mean economic loss caused by delays in production.
b. A User may allow any bypass to occur which does not cause appli-
cable 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 (3) and (4) of this section.
c. If a User knows in advance of the need for a bypass, it shall submit
prior notice to the POTW, at least ten (10) days before the date of
the bypass, if possible.
i. A User shall submit oral notice to the City of an unanticipated
bypass that exceeds applicable pretreatment standards within
twenty-four (24) hours from the time it becomes aware of the
bypass.
ii. 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 POTW may waive the written report on a case-
by-case basis if the oral report has been received within
twenty-four (24) hours.
d. Bypass is prohibited, and the POTW may take an enforcement
action against a User for a bypass, unless:
i. Bypass was unavoidable to prevent loss of life, personal injury, or
severe property damage;
ii. There were no feasible alternatives to the bypass, such as the use
of auxiliary treatment facilities, retention of untreated wastes,
Title 8, Chapter 1 Page 41 of 47 Revised 7-12-2018
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
iii. The User submitted notices as required under paragraph (3) of
this section.
e. The POTW may approve an anticipated bypass, after considering its
adverse effects, if the POTW determines that it will meet the three
conditions listed in paragraph (4)(a) of this section.
8-1-74: SYSTEM OF CHARGES: All charges to Users, within and without the
City, shall assure that each recipient of waste treatment services will pay its fair share of
the costs of operation, maintenance and equipment, including replacement of waste
treatment services provided by the City.
8-1-75: BASIS FOR DETERMINING INDUSTRIAL WASTE CHARGES: The total
yearly treatment plant operation, maintenance and debt service costs chargeable to
each User shall be computed on the basis of the industrial waste load discharged to the
wastewater treatment system.
8-1-76: COMPUTATION OF INDUSTRIAL WASTE SERVICE CHARGE: Indus-
trial waste service charges shall be based upon flow, biochemical oxygen demand
(BOD), and suspended solids (SS), and these rate factors shall be considered
separately as they apply to the cost of wastewater treatment system construction and
plant operation. The following four (4) principles shall be used in the formulation of the
industrial waste service rate schedule:
(A) Collection and Treatment: Industrial waste charges shall be based only
on costs attributable to waste treatment and interceptor sewers carrying
industrial wastewater. Operation and maintenance costs and capital costs
for other sewers will not be included. In addition, administrative,
engineering, accounting, billing and other general costs chargeable to
other sewers shall not be included.
(B) "Pay As You Use" Financing: The charges for flow, BOD, and suspended
solids, as they apply to capital outlay and operating costs for the
wastewater treatment system, shall be formulated so that the industrial
discharger shall pay on a "pay as you use" basis. In this way, industry
shall only be charged on the basis of costs actually attributable to their
present use of the treatment facilities. Reserve capacity of treatment units
for future additional use shall be automatically paid for as present
industries are expanded or new industries are constructed. Existing
industry shall not pay for any portion of the wastewater treatment plant
Title 8, Chapter 1 Page 42 of 47 Revised 7-12-2018
capacity until said industry uses that capacity and then, only to the extent
used.
(C) Twelve Equal Monthly Installments: A rate shall be calculated on the
basis of costs attributable to the maximum load contributed by any given
industry. This rate reflects the annual capital costs and operating costs
attributable to industry and the rate is divided into twelve (12) equal
installments. Charges for capital costs shall be calculated from weekly
measured quantities of flow, BOD, and suspended solids from each
industry, using the three (3) consecutive weeks of operation in which that
given industry's maximum load occurs. Charges for operation and
maintenance shall be calculated from the total annual contribution of flow,
BOD, and suspended solids from each industry.
(D) Sampling, testing and monitoring costs incurred by City shall be paid by
discharger, in addition to charges outlined above.
8-1-77: REPEALED
8-1-78: REPEALED
8-1-79: REPEALED
8-1-80: ADJUSTMENT OF CHARGES: If at any time the actual discharge of
industrial waste by a User is greater or less than the rate factor used for computing the
industrial waste service charge for such User, the User's monthly service charge may be
recomputed in order to more fairly reflect the actual costs of providing sewage treatment
services for such User.
8-1-81: SEWER USER SERVICE CHARGE: A monthly service charge for sewer
service shall be charged to all Users. The rates established shall generate sufficient
revenue to offset total costs of the sewerage system which includes: (a) Capital costs
and (b) operation, maintenance and replacement costs. The costs of the sewerage
system shall be reviewed periodically and User rates adjusted, if necessary, to ensure
adequate revenue to cover all costs and to ensure that all Users share equally the cost
of operation, maintenance and replacement.
User rates shall be established by resolution of the City Council and may be amended
by resolution of the City Council from time to time, and shall be kept on file in the office
of the City Clerk and information furnished to Users or interested parties upon request.
8-1-82: REPEALED
Title 8, Chapter 1 Page 43 of 47 Revised 7-12-2018
8-1-83: DOMESTIC AND COMMERCIAL RATES OUTSIDE THE CITY: All
charges for operation and maintenance shall be uniform for all domestic or commercial
Users, whether said Users are located within or without the City. Provided, however, that
Users outside the City may be charged a surcharge for the administrative duties of the
City in billings and collections. No service for sewer shall be provided outside the
corporate limits of the City, unless a signed “Utility Connection and Annexation
Covenant” agreement has been signed by both the City and the user. A fee for the
Utility Connection shall be established by resolution of the City Council and may be
amended by resolution of the City Council from time to time, and shall be kept on file in
the office of the City Clerk and information furnished to Users or interested parties upon
request.
8-1-84: BILLING PERIODS: All regular billing periods shall be on a monthly
basis, but domestic or commercial premises occupied for a period of less than one
month shall be charged only for the number of days wastewater treatment services were
available for use.
8-1-85: BILLING PROCEDURE: Accounts receiving metered water service shall
be charged for sewer service based upon metered water and such charges may be
included in the metered water billing. All other sewer charges may be included with
billings for other City services.
8-1-86: DUE DATE: Bills rendered for sewer service are payable ten (10) days
following the month of service and as such the bill is due in full at such time. If the
account is not paid by the 10th of the month following the due date, the account will
become delinquent. When the due date falls on a legal holiday or on a day when City
offices are not open for business, the next regular business day is considered the due
date and the past due date. When remittances are made by mail, bills shall be deemed
paid on the date of mailing as shown by the postmark.
8-1-87: DELINQUENT ACCOUNTS: When the bill is not paid by the 10th of the
month following the month of service, as hereinabove stated, and the bill remains
unpaid, the account will become delinquent and shall be handled in the following
manner:
SERVICES THAT ALSO INCLUDE WATER:
(A) On or after the delinquent date, a delinquency statement is to be mailed to
the responsible party, stating a date the account balance must be paid in
full.
(B) Following said date, if there has been no response to the mailed statement,
a notice shall be posted at the residence/location stating the date that the
water will be turned off. A posting fee will be added to the account for said
notice.
(C) In cases when a notice is posted at the residence/location, the customer
Title 8, Chapter 1 Page 44 of 47 Revised 7-12-2018
can make payment or arrangements for payment prior to the disconnection
of service.
(D) In cases when the water is turned off for non-payment, there shall be a fee
charged which shall include payment for the shut off and the turn on. Water
shall not be turned on unless the account is paid in full by approved funds
as listed in item (G).
(E) In cases where a shut off is not available or has been rendered inoperable,
the City may install a new shut off in a location determined by the City
Engineer. All costs incurred for installation or repair of said shut off, shall
be at the property owner’s expense, and shall be due and payable prior to
the reconnection of water service to said property.
(F) Notice of shut off shall be posted at the residence/location stating the date
that the shut off will be installed. Notice shall provide a copy of the
approximate location of installation and inform the resident/responsible
party to clear the location of the installation of any obstructions.
Obstructions on the property, that would prohibit the installation of a new
shut off on the date indicated, shall be removed by the City crew or the
City’s designee and any expenses incurred for such removal shall be billed
as part of the expense of installation against the property. Any violation of
the provisions of this sub-section shall be deemed an infraction and shall
be subject to penalties prescribed for such violations under section 1-4-2
of this code.
(G) In the event of payment of a delinquent account, personal checks shall not
be accepted, and the balance must be paid by cash or one of the following:
certified funds; cashier’s check, certified check, credit card or money order.
(H) Reconnection by any person for any reason, other than an authorized City
of Ammon employee shall be deemed a misdemeanor and shall be subject
to the penalties prescribed for such violations under section 1-4-1 of this
code.
(I) Payments received for services by a check that is subsequently returned
unpaid by any financial institution shall be assessed a return check fee as
set by resolution of the City Council. Said fee shall be charged to the
customer’s utility account and charges for utilities that said check was to
pay shall also be billed back to the customer’s utility account. Any returned
check must be paid within five (5) working days from the time the notice is
given by the City of the returned check or the utility account shall be
considered delinquent. All fees shall be paid in full prior to reinstatement of
services. Partial payments of amounts due shall be applied to check fees
prior to being applied to services.
(J) All fees associated with the collection of a delinquent account shall be
assessed to the utility account of the responsible person. Said fees shall
include but not be limited to attorney fees, certified mailing, and serving
fees.
Title 8, Chapter 1 Page 45 of 47 Revised 7-12-2018
SERVICES THAT INCLUDE SEWER AND/OR GARBAGE ONLY
(A) On or after the delinquent date, a delinquency statement is to be mailed to
the responsible party, stating a date the account balance must be paid in
full.
(B) Following said date, if there has been no response to the mailed statement,
a notice shall be posted at the residence/location stating the date that
garbage service will be discontinued. A posting fee will be added to the
account for said notice.
(C) In cases when garbage service is terminated for non-payment, there shall
be a fee charged for both the pickup and delivery of the garbage container.
Garbage service shall not be reinstated unless the account is paid in full.
(D) Because the monthly garbage service fee is for the continued operation of
the City sanitation department, the sanitation fee shall continue to be
assessed monthly on all accounts where garbage service has been
discontinued and shall become a part of any delinquent account balance
upon non-payment.
(E) In the event of payment of a delinquent account, personal checks shall not
be accepted, and the balance must be paid by cash or one of the following:
certified funds; cashier’s check, certified check, credit card or money order.
(F) Reconnection by any person for any reason, other than an authorized City
of Ammon employee shall be deemed an infraction and shall be subject to
the penalties prescribed for such violations under section 1-4-2.
(G) Payments received for services by a check that is subsequently returned
unpaid by any financial institution shall be assessed a return check fee as
set by resolution of the City Council. Said fee shall be charged to the
customer’s utility account and charges for utilities that said check was to
pay shall also be billed back to the customer’s utility account. Any returned
check must be paid within five (5) working days from the time the notice is
given by the City of the returned check or the utility account shall be
considered delinquent. All fees shall be paid in full prior to reinstatement of
services. Partial payments of amounts due shall be applied to check fees
prior to being applied to services.
(H) All fees associated with the collection of a delinquent account shall be
assessed to the utility account of the responsible person. Said fees shall
include but not be limited to attorney fees, certified mailing, and serving
fees.
8-1-88: RECOVERY OF COSTS INCURRED BY THE CITY: Any discharger who
discharges any wastewater in violation of this chapter or who causes damage to or
Title 8, Chapter 1 Page 46 of 47 Revised 7-12-2018
impairs the City's wastewater disposal system shall be liable to the City for any expense,
loss, or damage caused by such violation. The City may bill the discharger for the
reasonable cost incurred by the City for any cleaning, repair, or replacement work
caused by the violation or discharge. Refusal to pay the assessed costs shall constitute
a violation of this chapter.
8-1-89: FALSIFYING INFORMATION: Any person who knowingly makes any
false statement, representation, or certification in any application, record, report, plan, or
other document filed or required to be maintained pursuant to this chapter, or who
falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method
required under this chapter shall be guilty of a misdemeanor.
8-1-90: LIMITATION OF LIABILITY: Nothing herein is intended to create any
private duty to any customer or discharger or create any private right of action on
account of any failure by the City, or its officers, employees, or agents to perform any
duty or obligation set forth herein.
8-1-91: PENALTY:
INFRACTION: Any violation of the provisions of this chapter deemed to be an
infraction shall be subject to penalties prescribed for such violations under section 1-
4-2 of this code, subject to the provisions of Idaho Code 18-111 and 18-113A. Any
section of this chapter not designated a penalty classification otherwise shall be
considered an infraction and subject to the penalty as stated in this section.
MISDEMEANOR: Any violation of the provisions of this chapter deemed to be
a misdemeanor shall be subject to penalties prescribed for such violations under
section 1-4-1 of this code, subject to the provisions of Idaho Code 18-111 and 18-113.
8-1-92: FAILURE TO PROVIDE FLOW OR SAMPLING DEVICE: In the event
industrial/commercial users fail to have flow or sampling devices in proper operating
condition for more than one (1) week, the City may discontinue city water service or
remove or close sewer connections and enter upon the property for accomplishing such
purposes. The expense of discontinuance, removal, or closing, as well as the expense of
restoring service, shall be a charge to the user of such service and a debt due to the
City. The City may recover such cost or take any other remedy or method for collection
thereof as permitted by this Chapter.
Any violation of the provisions of this section shall be deemed to be an infraction.
8-1-93: UNAUTHORIZED ACCESS TO MANHOLES OR UNAUTHORIZED USE
OF SYSTEM: No person shall remove any manhole cover and/or enter into the system
without authorization from the Public Works Director, the City Engineer or their designee.
Any unauthorized discharge into the system or removal of any manhole cover shall be
considered an unauthorized use of the system.
Any violation of the provisions of this section shall be deemed to be a misdemeanor.
Title 8, Chapter 1 Page 47 of 47 Revised 7-12-2018