ORDINANCE NO AN ORDINANCE AMENDING CHAPTER 13, GARBAGE AND REFUSE; SEWAGE OF THE FORT MORGAN MUNICIPAL CODE

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1 ORDINANCE NO AN ORDINANCE AMENDING CHAPTER 13, GARBAGE AND REFUSE; SEWAGE OF THE FORT MORGAN MUNICIPAL CODE WHEREAS, on March 21, 2007 the U.S. Environmental Protection Agency performed an audit of the City s Pretreatment Program and requested that certain sections of Chapter 13 be modified to be consistent with federal regulations; and WHEREAS, the City Council finds that this Ordinance is necessary for the public s health, safety and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF FORT MORGAN: Section 1. That Fort Morgan Municipal Code, Chapter 13 is hereby amended, by addition and modification as follows: CHAPTER 13 Garbage and Refuse; Sewage Article I Garbage and Refuse Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Definitions Accumulation and deposit of garbage Accumulation of refuse Unlawful deposit of refuse Use of containers by nonresident persons Placement for collection Removal of refuse Construction site building materials Abatement of nuisances Burning City disposal site; ownership of contents; entering, etc. Caretaker Collection, transportation Charges established Collection Penalties for violation Article II Sewage Sec Waste Water System, Treatment Plant and Works Enterprise Sec Purpose and Policy Sec Administrations Sec Definitions Sec Abbreviations 1

2 Article III Sewage Works Div. 1. Use of Public Sewers Required Sec Connection required Sec Prohibited treatment and disposal of waste Sec Discharge into storm sewers prohibited Div. 2. Building Sewers and Connections Sec Manhole opening, connections or use Sec Permit for sewer connection required Sec Application forms Sec Permit conditions Sec Permit modifications Sec Signatures and Certifications Sec Permit duration Sec Permit transfer Sec Building sewer required for each lot Sec Existing building sewers Sec Building sewer elevation Sec Surface runoff prohibited Sec Inspection of building sewer connection Sec Protective devices required Sec Tap size Sec Manhole connections Sec Abandonment of connection Div. 3. Use of Public Sewers Sec General discharge prohibitions Sec National Pretreatment Standards Sec Modifications of Standards Sec State requirements Sec Amendment Sec Excessive discharge Sec Accidental discharges by major contributors Sec Monitoring facilities Sec Inspection and sampling Sec Nonmunicipal treatment, pretreatment facilities Sec Reporting requirements Sec Baseline monitoring reports Sec Compliance schedule Sec Reports on compliance Sec Compliance schedule progress reports Sec Reports of changed conditions Sec Reports of potential problems Sec Reports and information Sec Notification; repeat sampling and reporting Sec Notification of discharge of hazardous waste Sec Analytical requirement Sec Sample collections Sec Record keeping 2

3 Sec Right of entry; inspection and sampling Sec Periodic compliance reports Sec Confidential information Div. 4. Establishment and Collection of Charges Sec Charges established Sec Collection Div. 5. Enforcement Sec Suspension of discharge for noncompliance Sec Suspension or revocation of discharge permit Sec Notice of violation and show cause hearing Sec Consent order Sec Compliance orders Sec Cease and desist order Sec Legal action Sec Falsifying information Sec Penalties for violation Sec Effective date Sec Severability Sec Legal action Sec Falsifying information Sec Penalties for violation Sec Effective date Sec Severability Div. 6. Maximum Treatable Limits Sec Maximum limits for treatment works Sec Limits on discharge of substances Sec Definitions. ARTICLE I Garbage and Refuse For the purpose of the provisions of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section: (1) Garbage consists of dead animals of not more than ten (10) pounds weight each, kitchen and table refuse and offal, swill and every accumulation of animal, vegetable and other matter that attends the preparation, consumption, decay, dealing in or storage of meats, fish, fowl, birds, fruits, goods or vegetables. The term garbage does not include dishwater or wastewater or the offal of slaughterhouses. (2) Refuse shall mean and include any grass clippings, leaves, hay, straw, manure, shavings, excelsior, paper, ashes, rubbish, containers, boxes, glass, cans, bottles, waste and discarded building and construction materials, including but not limited to plaster, broken concrete, bricks, cinder blocks, stones, wood, roofing material, wire or metal binding, sacks or loose discarded or unused material, and all rubbish of any kind or nature whatsoever and any 3

4 other materials commonly known as rubbish or refuse of any kind or character or by any means known. For the purpose of the provisions of this Chapter, the term refuse shall also include presently unused and inoperable automobiles and machinery, parts, stoves, scrap metal, furniture, wool, hides, junkyard refuse and all other matter or materials of like kind. The definition of refuse shall not include that material theretofore defined as garbage. Sec Accumulation and deposit of garbage. No person shall deposit or place any garbage in such a manner that the same is or tends to become a nuisance or in such manner as to endanger or tend to endanger the public health. No person having the occupancy, control or management of any premises shall cause or permit any garbage to be accumulated thereon in such a manner that the same tends to become a nuisance or in such a manner as to endanger the public health. No person shall in any manner throw, place, scatter, deposit or bury any garbage, in or upon his or her own premises, or the premises of another or any public place, or upon any street or alley except properly within authorized containers as provided in this Article. Sec Accumulation of refuse. Any accumulation of refuse as that term is hereinabove defined on any premises in the City, improved or unimproved, is prohibited and unlawful and is hereby declared to be a nuisance and a municipal misdemeanor. Each day any violation of this Section continues shall be deemed a separate offense. Sec Unlawful deposit of refuse. It shall be unlawful for any person having refuse in the City to throw or deposit the same, or cause the same to be thrown or deposited upon any street, alley, gutter, park or other public or private place in the City except in a City waste or refuse container, unless such person shall first notify the Superintendent of Public Works or his or her duly authorized deputy and arrange for its disposal upon terms agreeable to the Superintendent or his or her deputy. Each day any violation of this Section continues shall be a separate offense. Sec Use of containers by nonresident persons. (a) For the purpose of facilitating the removal and disposal of refuse and garbage, securing proper sanitary conditions and regulating the disposal of garbage and refuse and the loading and transportation of the same over the public streets and alleys of the City, every owner or occupant of any house, hotel, restaurant, building, apartment, tenement or store within the City having garbage or refuse for disposal shall place all garbage and refuse for pickup and disposal in automatic loading and dumping containers or "dumpsters" provided by and placed or located by the City in the streets and alleys, and in no other containers or types of containers. Tree limbs and branches and sticks of trees and shrubs shall be completely trimmed and cut to such length as to fit completely within such containers. (b) Any person violating the provisions of Subsection (a) above shall be punished as for any other violation of this Article as provided in Section of this Article. (c) It shall be unlawful and an offense for any resident of the County or the City to bring into the City and place for disposal, in any public or private dumpster or container, or in any 4

5 other place, any garbage or refuse which has been collected or accumulated outside the City or produced from any activity carried on or occurring beyond the territorial limits of the City. (d) Any person violating the provisions of Subsection (c) above shall be punished by the assessment of a penalty of not less than fifty dollars ($50.00) nor more than three hundred dollars ($300.00). In any case in which a violation of Subsection (c) above is alleged, all questions of fact and law and the penalty to be assessed in accordance herewith shall be heard and decided by the Police Magistrate or Municipal Judge and there shall be no trial by jury. Sec Placement for collection. The City shall place the refuse and garbage containers provided by the City at such locations in the streets and alleys and places in the City as it shall determine, and it shall be unlawful and a municipal misdemeanor for any person to remove a container or "dumpster" or to change its location from that established by the City or to use the same in any manner or for any purpose except for the deposit of garbage and refuse as provided in this Article. Sec Removal of refuse. Unused and inoperable motor vehicles and machinery, parts of such motor vehicles and machinery, stoves, furniture, wool, hides, junkyard refuse and all such refuse as shall be too large for the containers hereinabove provided in Section 13-5 shall be removed by the owner or occupant from such respective properties so that the premises are clean and orderly at all times. The accumulation of any such refuse on any premises in the City, improved or unimproved, is prohibited and is hereby declared to be unlawful and to be a nuisance. Sec Construction site building materials. It shall be the sole responsibility of the owner of the premises to see to the removal of all refuse created in the process of constructing, reconstructing or wrecking any building or part of building, fence or sidewalk or other improvement upon the premises. Sec Abatement of nuisances. Whenever the deposit, keeping or accumulating of garbage, refuse or both shall constitute a nuisance as hereinabove provided, the City, by its Superintendent of Public Works, its Health Officer or its Chief of Police, shall immediately notify the owner of such property, his or her agent or any person having charge of such property, in writing, ordering the removal of any such refuse or garbage from the property or premises. Thereafter, if such garbage or refuse shall not be removed in accordance with the requirements of such order, the City Council may order that the same may be removed by the City, or its designated agent, and assess the cost thereof against the property or premises. The amount assessed shall constitute a lien upon such property until the same is paid; provided that in case of failure to pay such assessment within thirty (30) days after the same shall be made, the City Clerk shall cause the notice of such assessment to be given to the owner of such property by publishing in a newspaper in the City for two (2) successive weeks; which publication shall contain a notice to such property owner of the amount assessed against his or her property, and shall designate a time and place when the City Council will hear any objections as to the adjustment and correctness of the amount so assessed. If such assessment is not paid within ten (10) days after the time fixed for hearing such objections, the City Clerk shall certify such amount to the County Treasurer to be placed by him or her on the tax list for the current year, to be collected in the same manner as other 5

6 taxes are collected, with a ten-percent penalty to defray the cost of collection, as provided by law. Sec Burning. (a) Except as permitted pursuant to the laws and regulations of the State of Colorado, it is unlawful to set on fire or burn any combustible waste or material of any kind by incinerator burning or by open burning. (b) If is unlawful to set on fire or burn in any fireplace, stove, boiler, furnace or machine, equipment or device of any kind: (1) Any garbage, rubbish or waste material, or any hay or grass clippings; (2) Any rubber materials and compounds and plastics and plastic materials and compounds; (3) Any wood treated with creosote or a creosote compound or similar wood preservation; Any other combustible material, the burning of which produces noxious or malodorous gases. Sec City disposal site; ownership of contents; entering, etc. All garbage and refuse in and upon the disposal site owned or under the control of the City, together with all matter whatsoever deposited or existing thereon, shall be the property of the City and no person shall enter upon such sites or carry off, dispose of, burn or in any manner disturb or molest any matter or thing deposited or existing upon such sites, except under direction or authority of the Superintendent of Public Works of the City. Sec Caretaker. The Superintendent of Public Works may hire, with the approval of the City Council, a caretaker of City dumps and dump grounds, who will care for and keep the same. He or she shall destroy animal and vegetable matter, rats, paper, manure and other refuse as shall be directed by the Superintendent of Public Works. Sec Collection, transportation. (a) The City Council may enter into a contract or agreement with any person for the collection and removal of garbage or refuse properly sorted, prepared and placed for collection throughout the City or any part thereof, or it may at its discretion make provisions for the collection and removal of garbage and refuse throughout the City, or a part thereof, by its own employees or agents. (b) All garbage shall be collected and removed by employees of the City or persons under contract with the City for that purpose. No person except the employees of the City or persons under contract with the City for that purpose shall collect any garbage within the City or shall convey any garbage through any street, lane, road, alley or public highway of the City. 6

7 (c) It shall be unlawful for any person to transport or carry, or cause to be removed, transported or carried, through, on or along the streets and alleys of the City, any garbage, dead animals or carcasses or other matter offensive to sight or smell except in watertight cans or vehicles, trucks or trailers having iron beds or boxes with proper covers, so that the garbage or other matter shall not be offensive. Such garbage or other matter or materials shall be loaded so that none of it shall fall, drip or spill on the ground. Sec Charges established. Charges for the collection and removal of garbage and rubbish shall be as from time to time established by resolution of the City Council. Sec Collection. Each charge levied pursuant to the provisions of this Article shall be charged against the property owner, or with the consent of the owner, any tenant in possession of the premises. All charges so levied shall be a lien upon the property served from the date the same became due until paid. In addition to the right to discontinue such service, upon the failure or refusal of any owner or tenant of property to pay when due the charges or penalties levied pursuant to this Article, the City Clerk may, after ten (10) days' written notice to the owner of the property, certify such unpaid charges to the County Treasurer, to be placed by him or her on the tax list for the current year, to be collected in the same manner as other taxes are collected, with ten percent (10%) of the amount thereof and penalties due thereon in addition thereto to defray the cost of collection. The lien of such delinquent charges and penalties when so certified by the City Clerk as aforesaid shall be on a parity with the lien of the general taxes on the property. Sec Penalties for violation. Except for a violation of the provisions of Section 13-5(c) for which a specific penalty is provided, any person who violates the provisions of Sections 13-1 through 13-13, who does an act therein declared to be unlawful, or who fails, neglects, omits, resists or refuses to comply with the provisions thereof or with a lawful order given pursuant thereto, or any of the regulations or requirements thereof, shall be punished by the assessment of a penalty of not more than three hundred dollars ($300.00). In any case in which a violation of the provisions of this Article is alleged, all questions of fact and law and the penalty to be assessed in accordance herewith shall be heard and decided by the Police Magistrate or Municipal Judge and there shall be no trial by jury. ARTICLE II Sewage Sec Waste Water System, Treatment Plant and Works Enterprise Purpose and Policy A. Chapter 13 sets forth uniform requirements for all Users of the Publicly Owned Treatment Works (POTW) for the City of Fort Morgan and enables the City to comply with all applicable state and federal regulations, including the Clean Water Act ( et seq.) and the General Pretreatment Regulations (40 C.F.R Part 403). The objectives of this Section are as follows: 7

8 (1) To prevent the introduction of pollutants into the POTW that will interfere with its operation; (2) To prevent the introduction of pollutants into the POTW that will pass through the POTW, inadequately treated, into receiving waters, or otherwise incompatible with the POTW; (3) To enable the City of Fort Morgan to comply with its National Pollutant Discharge Elimination System (NPDES) permit conditions, sludge use, and disposal requirements, and all other state and federal laws to which the POTW is subject. (4) To promote reuse and recycling of industrial wastewater and sludge from the POTW; (5) To protect both POTW personnel who may be affected by wastewater and sludge in the course of employment; B. Chapter 13 authorizes the issuance of a wastewater discharge permit and other control mechanisms; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user monitoring and reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein Administration. (a) The Council of the City shall serve as the Board of the Waste Water System, Treatment Plant and Works Enterprise, and the officers of the Council and of the City shall serve as officers of the Board and the Enterprise. (b) The Enterprise shall have and may exercise the following powers: to hold meetings concurrently with regular or special meetings of the Council, to adopt ordinances in the manner in which City ordinances may be adopted, to issue revenue bonds in the manner in which City revenue bonds may be issued without voter approval in advance, to pledge any revenues of the waste water system, treatment plant and works (the "System") to the payment of such revenue bonds and to pay such revenue bonds there from, to enter into contracts relating to the System in the manner in which City contracts may be entered into, to make representations, warranties and covenants on behalf of the City, and to bind the City to perform any obligation relating to the System other than any multiple-fiscal year direct or indirect debt or other financial obligation whatsoever without adequate present cash reserves pledged irrevocably and held for payments in all future years. (c) Any inconsistency between the ordinance codified herein and the statutes of the State is intended by the Council. The ordinance codified herein is enacted pursuant to Article XX, Section 6 of the Colorado Constitution and, to the extent of any such inconsistency, the ordinance codified herein shall supersede such statutes. (d) All action not inconsistent with the provisions of the ordinance codified herein heretofore taken by the City or its officers and otherwise directed toward the authorization of the Enterprise to have and exercise certain powers is hereby ratified, approved and confirmed. 8

9 (e) All ordinances, resolutions, bylaws, orders, and other instruments, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any ordinance, resolution, bylaw, order, or other instrument, or part thereof, heretofore repealed. Sec Definitions. The following words, terms and phrases are hereby defined and shall be interpreted as such throughout this Chapter. Terms not herein defined shall have the meaning customarily assigned to them: (1) Approval authority means the director in an NPDES state with an approved State Pretreatment Program and the Administrator of the EPA in a non-npdes state or NPDES state without an Approved State Pretreatment Program. (1a) Authorized Representative of the User 1. If the user is a corporation: a. The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decisionmaking functions for the corporation; or b. The manager of one or more manufacturing, production, or operating facilities provided the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. 2. If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively. (2) BOD (biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five (5) days at twenty degrees Celsius (201C) expressed in milligrams per liter. (3) Building drain means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer. (4) Building sewer (also house connection or service sewer) means the extension from the building drain to the public sewer or other place of disposal. (5) Categorical standard is any regulation containing pollutant discharge limits promulgated by 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

10 (6) City means the City of Fort Morgan, a municipal corporation of the State of Colorado. (7) Clean Water Act, Act or the Act means the Federal Water Pollution Control Act, Public Law , as amended, also known as the Clean Water Act. (8) Cooling water means water discharged from any use such as air conditioning, cooling or refrigeration or to which the only pollutant added is heat. (9) Commercial or institutional users means all nonresidential users which introduce only sanitary sewage or primarily segregated domestic wastes into a building sewer. (10) Direct discharge means the discharge of treated or untreated water directly to the waters of the State of Colorado. (11) Environmental Protection Agency or EPA means the U.S. Environmental Protection Agency, or where appropriate, the term may also be used a as designation for the administrator or other duly authorized official of said agency. (12) Grab sample means a sample which is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed fifteen (15) minutes. (13) Holding tank waste means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks. (14) Indirect discharge means the discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b), (c) or (d) of the Act, (33 U.S.C. 1317), into the POTW (including holding tank waste discharged into the system). (15) Industrial user means a source of indirect discharge. (16) Industrial waste means the water-carried wastes from industrial manufacturing or industrial processing as distinct from sanitary sewage. It shall include the trade wastes produced by, but not limited to, food processing and bottling plants, food manufacturing plants, slaughtering plants, tallow works, plating works, disposal services, industrial cleaning plants, fertilizer plants, car and truck washing operations, laundries, cleaning establishments, cooling plants, industrial plants, factories and chemical treatment installations. (16a) Interference means a discharge which, alone or in conjunction with a discharge or discharges from other sources, both: a. Inhibits or disrupts the POTW, its treatment process or operations, or its sludge processes, use or disposal; and b. Therefore is a cause of a violation of any requirement of the POTW's permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Federal Clean Water Act, the Solid Waste Disposal Act (SWDA) which includes Title II known as the Resource Conservation and Recovery Act, the Division's 10

11 Domestic Sewage Sludge Regulations, the Federal Clean Air Act or the Toxic Substance Control Act. (17) Natural outlet means any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or groundwater. (18) National Pretreatment Standard, Pretreatment Standard or Standards means any regulation containing pollutant discharge limits promulgated by the Environmental Protection Agency in accordance with Section 307(b) and (c) of the Clean Water Act, including prohibitive discharge limits established pursuant to 40 C.F.R and which applies to industrial users. (19) National Pollution Discharge Elimination System or NPDES permit means a permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342). (20) National Prohibitive Discharge Standard or Prohibitive Discharge Standard means any regulation developed under the authority of Section 307(b) of the Act and the General Pretreatment Regulations (40 CFR 403.5). (20a) New source means 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 Clean Water Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: a. The building, structure, facility or installation is constructed at a site at which no other wastewater source is located; b. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or c. The production of wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing wastewater source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of paragraphs a and b above but otherwise alters, replaces or adds to existing process or production equipment. Construction of a new source as defined under this paragraph has commenced if the owner or operator has: a. Begun or caused to begin as a part of a continuous on-site construction program: 1. Any placement, assembly or installation of facilities or equipment; or 2. Significant site preparation work including clearing, excavation or removal of existing buildings, structures or facilities which is necessary for the placement, assembly or installation of new source facilities or equipment; or 11

12 b. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this paragraph. (20b) Pass Through means a direct discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or in conjunction with an indirect discharge or indirect discharges from other sources, is a cause of a violation of any requirement of the POTW's permit (including an increase in the magnitude or duration of a violation). (21) Person means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, and the singular shall include the plural where indicated by the context. (22) ph means the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution. (23) Pollution means the manmade or man-induced alteration of the chemical, physical, biological and radiological integrity of water. (24) Pollutant means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water. (25) Pretreatment or treatment means the reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants in a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes or process changes, or by other means, except as prohibited by 40 CFR Section 403.6(d). (26) Pretreatment requirements means any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user. (27) Publicly owned treatment works (POTW) means a treatment works as defined by Section 212 of the Act, (33 U.S.C. 1292) which is owned in this instance by the City. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this Article, POTW shall also include any sewers that convey wastewaters to the POTW from persons outside the City who are, by contract or agreement with the City, users of the City's POTW. (28) POTW treatment plant means that portion of the POTW designed to provide treatment to wastewater. 12

13 (29) Sewage treatment plant (also wastewater facilities) means all facilities for collecting, pumping, transporting, treating and disposing of sewage. (30) Significant industrial user means any industrial user subject to Pretreatment Standards; or (a) any other industrial user that discharges an average of twenty-five thousand (25,000) gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); (b) contributes a process waste stream, which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or (c) is designated as such by the City, the Colorado Department of Health, the U.S. Environmental Protection Agency (EPA) or other jurisdictional authority, on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement. (30a) Significant noncompliance means that an industrial user is in significant noncompliance if its violation meets one (1) or more of the following criteria: a. Chronic violations of wastewater discharge limits, as defined as those in which sixtysix percent (66%) or more of all measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter; b. Technical review criteria (TRC) violations, defined as those in which thirty-three percent (33%) or more of all measurements for each pollutant parameter taken during a sixmonth period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except ph); c. Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the City determines has caused, alone or in combination with other discharges, Interference or Pass Through (including endangering the health of POTW personnel or the general public); d. Any discharge of a pollutant that has caused imminent endangerment to human health or welfare or to the environment, or has resulted in the POTW's exercise of its emergency authority under the provisions of Section to halt or prevent such a discharge; e. Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction or attaining final compliance; f. Failure to provide, within thirty (30) days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules; g. Failure to accurately report noncompliance; or h. Any other violation or group of violations which the City determines will adversely affect the operation or implementation of the municipal pretreatment program. 13

14 (31) Standard Industrial Classification (SIC) means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, (32) Storm water means any flow occurring during or following any form of natural precipitation and resulting therefrom. (33) Suspended solids means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids and which is removable by laboratory filtering. (34) Superintendent means the Superintendent of Public Works of the City or his or her designee or duly authorized representative. (35) Toxic pollutant means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the Environmental Protection Agency under the provision of the Clean Water Act 307(a) or other Acts. (36) User means any person who contributes, causes or permits the contribution of wastewater into the City's POTW. (37) Wastewater means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, together with any groundwater, surface water or storm water than may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW. Sec Abbreviations. The following abbreviations shall have the designated meanings: (1) BOD--Biochemical Oxygen Demand. (2) CFR--Code of Federal Regulations. (3) COD--Chemical Oxygen Demand. (4) EPA--Environmental Protection Agency. (5) l--liter. (6) mg--milligrams. (7) mg/l--milligrams per liter. (8) NPDES--National Pollutant Discharge Elimination System. (9) POTW--Publicly Owned Treatment Works. (10) SIC--Standard Industrial Classification. (11) SWDA--Solid Waste Disposal Act, 42 U.S.C. 6901, et seq. (12) USC--United States Code. (13) TSS--Total Suspended Solids. Division 1. Use of Public Sewers Required ARTICLE III Sewage Works 14

15 Sec Connection required. (a) Except as provided in Subsection (b) of this Section, no person shall maintain within the City any privy, privy vault, septic tank, cesspool or other facility intended for use for the disposal of sewage. (b) Where a public sanitary sewer is not available within the City or in any area under the jurisdiction of the City, the building sewer shall be connected to a private sewage disposal system complying with the provisions and recommendation of the Department of Public Health of the State. Such private sewage disposal system shall be constructed, maintained and operated at all times in a sanitary manner. (c) At such time as a public sanitary sewer becomes available to property served by a private sewage disposal system, a direct connection shall be made to the public sanitary sewer in accordance with the provisions of this Chapter, and any septic tank, cesspool or similar sewage disposal facilities shall be abandoned and filled with suitable material. Sec Prohibited treatment and disposal of waste. (a) It shall be unlawful for any person to dispose of or place, deposit or permit the placing or depositing on public or private property within the City any human or animal excrement or garbage, sewage or any industrial waste or other polluted waste. The provisions of this Section shall not be applicable to the reasonable and customary use of human or animal excrement and customarily accepted natural and chemical substances in connection with lawn care, gardening and agricultural endeavors. Sec Discharge into storm sewers prohibited. It shall be unlawful to discharge to any natural outlet within the City any sewage, industrial waste or other polluted waters or waste except where suitable treatment has been provided in accordance with provisions of this Article. Further, it shall be unlawful to discharge to the POTW any wastewater except as authorized by the provisions of this Article or by the Superintendent of Public Works. Division 2. Building Sewers and Connections Sec Manhole opening, connections or use. No person except employees of the City or contractors employed by the City who are authorized to do so, shall uncover, make any connection with or opening into, use, alter or disturb any public sewer or appurtenances thereof without first obtaining a written permit from the Superintendent of Public Works. Sec Permit for sewer connection required. 15

16 (a) A building sewer permit or a wastewater discharge permit shall be obtained before installing building sewer or connecting one to the public sewer. Application for such permit shall be made on such form as prescribed by the City. (b) There shall be two (2) classes of building sewer permits. One (1) class, which may be referred to as major contributors shall be for those users which meet the definition of significant industrial user specified in Section The permit for such users shall be called a major discharge permit. The other class of users shall consist of all other users, which may be referred to as minor contributors, and the permit for this class shall be called a minor discharge permit. (c) Minor contributors which are connected to the POTW on the effective date of this Article shall be considered to have a permit to do so by the provisions of this Section. Major contributors which are connected as of the effective date of this Article shall nevertheless be required to obtain a major discharge permit in accordance with the applicable provisions of this Article. Sec Application forms. (a) The owner or his or her agent shall make application for a building sewer permit or a wastewater discharge permit on a form furnished by the City. This form may be combined with forms for other permits required by the City. The permit application shall be supplemented by the plans, specifications or other information considered pertinent in the judgment of the Superintendent of Public Works. Approval of the application shall be contingent upon payment of connection permit fees to the City. (b) All major contributors proposing to connect to or to contribute to the POTW shall obtain a major discharge permit before connecting to or contributing to the POTW. All major contributors connected to or contributing to the POTW on the effective date of this Article shall obtain a major discharge permit within one hundred eighty (180) days after the effective date of this Article. (c) Users required to obtain a major discharge permit shall complete and file with the City an application in the form prescribed by the City and accompanied by any fee that the City Council shall, from time to time, set or specify by resolution approved and adopted by the City Council for such propose. Existing major contributors shall apply for a major discharge permit within sixty (60) days after the effective date of this Article, and proposed new major contributors shall apply at least ninety (90) days prior to connecting to or contributing to the POTW. In support of the application, the major contributors shall submit, in units and terms appropriate for evaluation, the following information: (1) Name, address and location (if different from the address); (2) SIC number according to the Standard Industrial Classification Manual, Office of Management and Budget, 1972, as amended; (3) Wastewater constituents and characteristics including but not limited to those mentioned in Section of this Article as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended; 16

17 (4) Time and duration of contribution; (5) Average daily and thirty-minute peak wastewater flow rates, including daily, monthly and seasonal variations if any; (6) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by the size, location and elevation; (7) Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged; (8) Where known, the nature and concentration of any pollutants in the discharge which are limited by any City, State or Federal Pretreatment Standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the major contributors to meet applicable pretreatment standards; (9) If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the major contributors will provide such additional pretreatment. The following conditions shall apply to this schedule: a. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the major contributors to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.). b. No increment referred to in Subsection (c) (9) a above shall exceed nine (9) months. c. Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the major contributor shall submit a progress report to the Superintendent of Public Works including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay and the steps being taken by the major contributors to return the construction to the schedule established. In no event shall more than nine (9) months elapse between such progress reports to the Superintendent of Public Works; (10) Each product produced by type, amount, process or processes and rate of production; (11) Type and amount of raw materials processed (average and maximum per day); (12) Number and type of employees and hours of operation of plant and proposed or actual hours of operation of pretreatment system; and (13) Any other information as may be deemed by the City to be necessary to evaluate the permit application. 17

18 (d) The City will evaluate the date furnished by the major contributor and may require additional information. After evaluation and acceptance of the data furnished, the City Council may issue a major discharge permit subject to terms and conditions contained in this Article. Sec Permit conditions. Both minor discharge permits and major discharge permits shall be expressly subject to all provisions of this Article and all other applicable regulations, user charges and fees established by the City without limiting the matters that may be expressly covered in the permits, the permits may address any or all of the following: (1) The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer; (2) Limits on the average and maximum wastewater constituents and characteristics; (3) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization; (4) Requirements for installation and maintenance of inspection and sampling facilities; (5) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule; (6) Compliance schedules; (7) Requirements for submission of technical reports or discharge reports by permittee; (8) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the City and affording City access thereto; (9) Requirements for notification of the City on any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into wastewater treatment system; (10) Requirements for immediate notification of slug discharges; and (11) Other conditions as deemed appropriate by the City to ensure compliance with this Article. Sec Permit modifications. The Superintendent may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons: (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, processes, or wastewater volume or character since the time of wastewater discharge permit issuance; 18

19 (c) A change to the POTW s NPDES permit; or To correct typographical or other errors in the wastewater discharge permit. Sec Signatures and Certifications When required, applications, surveys, questionnaires, and reports must be signed by an authorized representative of the user as defined in Section 13-18(1a) and contain the following certification statement: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Sec Permit duration. Major discharge permits shall be issued for a specified time period, not to exceed five (5) years. A permit may be issued for a period less than a year or may be stated to expire on a specified date. A major contributor shall apply for permit reissuance a minimum of one hundred eighty (180) days prior to the expiration of the existing permit. The terms and conditions of the permit may be subject to modification by the City during the term of the permit as federal, state and local limitations or requirements are modified or other just cause exists. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. Sec Permit transfer. Major discharge permits shall be issued to a specific user for a specific operation. A wastewater discharge permit shall not be assigned or transferred or sold to a new owner, new user or applied to different permits or to a new or changed operation without the approval of the City. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit. Sec Building sewer required for each lot. A separate and independent building sewer shall be provided for every lot except that joint use of building sewers may be permitted at the discretion of the Superintendent of Public Works (such as condominiums) where provisions have been made for joint maintenance by all owners served. Sec Existing building sewers. Old building sewers may be used in connection with new buildings only when they are found on examination and testing by the Superintendent of Public Works to meet all requirements of this Article. Sec Building sewer elevation. 19

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