§ 98-147. Purpose and policy; administration.

(a)

This article provides for prohibitions on discharges of certain substances into the public sewer system of the city from all sources, domestic, commercial, or industrial. A further purpose of this article is to set forth uniform requirements for industrial dischargers into the authority's wastewater collection and treatment systems, and to enable the authority to protect the general public and POTW personnel in conformance with all applicable State and federal laws relating thereto, including the Clean Water Act. Parts of this article are enacted pursuant to regulations established by the U.S. Environmental Protection Agency (EPA) as set forth in 40 CFR part 403 and all applicable State and federal laws, including the Clean Water Act (33 United States Code 1251 et seq.) and as set forth in 40 CFR part 403.

(b)

All categorical pretreatment standards, lists of toxic pollutants, industrial categories, record-keeping requirements, and other standards and categories which have been or which will be promulgated by the EPA shall be incorporated as a part of this article, as will EPA regulations regarding sewage pretreatment established pursuant to the act, and amendment of this article to incorporate such changes shall not be necessary. The authority shall maintain current standards and regulations which shall be available for inspection and copying.

(c)

The objectives of this article are:

(1)

To prevent the introduction of pollutants into the authority's wastewater system which will interfere with the normal operation of the system, including interference with the use or disposal of sludge, or contaminate the resulting sludge;

(2)

To prevent the introduction of pollutants into the authority wastewater system which do not receive adequate treatment in the POTW, and which will pass through the system into receiving waters or the atmosphere or which are otherwise incompatible with the system;

(3)

To protect the health and safety of both POTW personnel and the general public;

(4)

To improve the opportunity to recycle or reclaim municipal and industrial wastewaters and sludges;

(5)

To provide for the fees for the equitable distribution of the cost of operation, maintenance, and improvement of the POTW as authorized in subsection (h) of this section; and

(6)

To enable the authority to comply with the control authority's TPDES permit conditions, sludge and disposal requirements, and any other federal and State laws to which the POTW is subject.

(d)

The regulation of discharges into the authority's wastewater system under this article shall be accomplished through the issuance of permits, as specified in section 98-150, and by monitoring and inspection of facilities, according to this article.

(e)

The director shall have the authority to promulgate such administrative regulations as are from time to time necessary for the enforcement of this article, for the purpose of promoting consistency of enforcement throughout the city's jurisdiction and service area, with the use of an enforcement response plan, as authorized in subsection (g) of this section.

(f)

Additionally, the director and the director's authorized representatives are authorized to make inspections pursuant to this article and to take enforcement action against violators.

(g)

Enforcement response plan.

(1)

An enforcement response plan shall be adopted by the city council by ordinance. The director will oversee the execution and implementation of all elements of the enforcement response plan and is also responsible for overseeing records verifying the plan's implementation.

(2)

The director will review the enforcement response plan, prepare annual reports, and update the plan as appropriate.

(3)

The enforcement response plan may be amended from time to time by adopting an ordinance amending the provisions of this article or by amending the plan itself.

(h)

Fees authorized.

(1)

The city council shall adopt a schedule of fees based on the cost of setting up and operating the city's pretreatment program which may include:

a.

Fees for wastewater discharge permits;

b.

Fees for monitoring, inspection, enforcement and surveillance procedures, including the cost of collecting and analyzing a user's discharge and reviewing monitoring reports submitted by a user;

c.

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

d.

Fees for filing appeals; and

e.

Any other fee the director deems necessary to carry out this article.

(2)

Such fees shall relate solely to the matters covered by this article and are separate from and in addition to all other fees, fines and penalties assessed by the city.

(3)

The fee schedule may be amended as deemed necessary by the city council.

(Ord. No. O-2012-001-11, § 1, 1-30-12)