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HomeMy WebLinkAboutOrdinance 1502ORDINANCE N0. 1502 AN ORDINANCE REPEALING CHAPTER _ 13.12 OF THE CENTRAL POINT MUNICIPAL CODE AND ADOPTING A NEW TITLE RELATING TO SANITARY SEWERS THE PEOPLE OF THE CITY OF CENTRAL POINT, OREGON, DO ORDAIN AS FOLLOWS:• Section 1 , Chapter 13 ,:12. of the .Cez~.tr•.al: Point Municipal Code is hereby repealed in its entirety. Section 2. There is hereby added to the Central Point Municipal Code Title 14, which is to read as follows: TITLE 14 - SANITARY SEh'ERS CHAPTER 14.04 GENERAL PROVISIONS AND DEFINITIOI~IS 14.04.010. Purpose and Policy. This title sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system, for the following purposes: A. To prevent the introduction of any pollutants into the regional wastewater collection system. which will interfere with the operation of the treatment system or contaminate the resulting sludge; B. To prevent the introduction of pollutants into the regional wastewater collection system which will pass through the system, inadequately treated, ir_to Rogue River or its tributaries or the atmosphere or otherwise be incompatible with the treatment system; C. To .improve the opportunity to recycle and reclaim wastewaters and sludges from the. treatment system; D. To provide for equitable distribution of the cost. of the wastewater collection and treatment systems; and . E. To provide for the regulation of direct and indirect contributors to the Central Point wastewater collection system through the issuance of permits to certain non-domestic Indus- trial Users and through the enforcement activities, requires Industrial User reporting, and provides for the setting of fees for the equitable distribution of costs resulting from the. program established herein. 14.04.020. Definitions of Terms Commonly Used. Unless the context specifically indicates otherwise, the following terms and phrases when used in this title shall have the meanings hereafter set forth in this section, whether appearing in capital or lower case form. Ordinance No. 1502 - 1 A. Act or "the Act". The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C 1.251, etc, seq. B. Approval of Authority. The Administrator of the Region X EPA office and or the Department of Environmental Quality Director. C. Authorized Representative of Industrial User. A duly authorized representative of the individual Industrial User who is responsible for the overall operation of the facilities from which the indirect discharge originates. D Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter. under a standard laboratory procedure in five days at a temper-~ ature of 20 degrees Centigrade, expressed in milligrams per liter, or parts per millions by weight. Laboratory determina- tions shall be made in accordance with procedures set forth in Standard Methods. E. City. The City of Central Point or duly authorized representative. F. City Representative... A person or persons designated by the City of Central Point to represent it in technical and legal matters relating to industrial waste discharge control. Names of persons so designated by the City shall be on record in the Regional Rate Committee minutes and in the files of the Plant Superintendent. The City°s Representative shall act jointly with the Plant Superintendent to assure the objectives of this title are met both with respect to industries within the jurisdiction of the City and with respect to the collection and treatment facilities. Specific examples may be, but are not limited to, the City Administrator, the person responsible for providing engineering services for the City, either as an employee or on a retainer basis, and Director of Public Works, or his designee. G. ;. Commercial Building... All buildings or premises used for .any purpose other than a dwelling unit, but.not an Indus- trial User. H. Compatible Pollutant. Biochemical oxygen demand, suspended solids., pH, and fecal coliform bacteria, plus addi- tional pollutants which the Plant is designed to treat. I. Cooling Water. The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat. J. Discharge. The discharge or the introduction of treated or untreated wastewater, or the introduction of non- domestic pollutants from any source regulated under section 307 (b) or (c) of the Act, (33 U.S.C. 1317), directly or indirectly to the waters of the State of Oregon or the Regional Facilities (including holding tank waste discharged into the Regional Facilities.) K. EPA (U.S. EPA). United States Environmental Pro- tection Agency which is the Federal agency which prescribes Federal standard requirements relating to the treatment and disposal of wastewater and which administers the Federal Clean 6Vater Act. Ordinance No. 1502 - 2 L. Garbage. Solid waste originating from the prepara- tion, cooking, and dispensing of food, and from the handling, storage, and sale of produce. I~1. Grab Sample. A sample. which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time. N. Holding Tank Waste, Any waste which has been stored in holding tanks, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks. O. Industrial User. All sewer users which. discharge an Industrial waste as defined in Section 14.04 paragraph P. below. P. Industrial Waste.. Any flow discharged into a sanitary sewer which. originates from an Industrial .User and meets the criteria for characteristics, quantity and constituents defined by this title. Q. Industrial Waste Discharge Permit. A permit to discharge industrial wastes into the Regional Facilities issued under the authority of this title and which prescribes certain discharge requirements and limitations. R. Interference. The inhibition or disruption. of the sanitary sewer system collection system, treatment processes or operations or which causes a violation of the Plant National Prohibitive Discharge Standard or Prohibitive Discharge Stan- dards (NPDES) permit and/or prevents disposal of wastewater sludge in accordance with applicable regulations for sludge disposal. S. May. "May°' is prohibitive.. T, rlobile Home Parks. "Mobile home parks" includes travel trailer parks and is defined as any area or tract of land having a sewer connection and in which sewage collection pipes are extended to two or more spaces occupied by or intended to be occupied by a mobile home, travel trailer or motor home which are defined as a vehicle with or without motive power _ which is designed, used or intended for use as a place of human habitation, or as eating, sleeping or living quarters, or any combination thereof. A space is defined as the individua l location having a sewer hookup for each such vehicle. U. National Prohibitive Discharge Standard or Prohibitive Discharge Standard. Any regulation developed under the authority of 307 (b) of the Act and 40 CFR, Section 403.5. V. Participant. Governmental entity that is party to a certain agreement dated March 3, 1969 and subsequent amendments between the Bear Creek Valley Sanitary Authority, City of Medford, City of Central Point, City of Phoenix and Jacksonville. This term shall apply in the future to any governmental entity meeting the criteria described in the amended 1969 agreement. W. Person. Any individual, partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representative, agents or assigns. This masculine gender shall include the feminine, the singular shall include the plural where. indicated by the context.. Ordinance No. 1502 - 3 X. ~ The common logarithm of the reciprocal of the hydrogen ion concentration.. PH shall be determined by one of the procedures outlined in Standard Methods. (pH is a measure of acidity or alkalinity..) Z, Plant. The Vernon Thorpe Water Quality Control Plant at 1100 Kirtland Road, Central Point, Aa. Plant Superintendent. The City of Medford Superin- tendent of the. Plant or duly designated representative with authority to administer the industrial waste pretreatment program and respond to the requirements of regulatory agencies. with respect to the National Pollutant Discharge Elimination System (NPDES) permit held by the City of Medford. Bb. Pollutant. The. man.-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water. Cc. Pretreatment: The reduction of the amount of pollu- tants, 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 the Plant. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes by other means, except as prohibited by 40 CFR Section 403.6 (d) and Section 14.OS,070 of this title. Dd. Prohibited pollutant. Any pollutant contained in the discharge to the sanitary collection system which is prohibited in its entirety `or regulated by degree or amount by this title. Ee. Properly Shredded Garbage. This shall mean the wastes from the preparation, cooking,-and dispensing of foods that have been shredded to such degree that all particles will be carried freely under the flow and conditions normally prevailing in public sewers. Ff. Recreational Vehicle Dumping Station. A "recreational 'vehicle dumping station" is defined as a facility connected to the sanitary 's ewer system. which accepts liquid wastes dumped from holding tanks of recreational vehicles such as travel trailers, motor homes, and campers and where such wastes pass into the sanitary sewer system, regardless of whether such wastes are accepted by the recreational vehicle dumping station operator with. or without charge.. Gg. Regional Facilities. All components of the sanitary sewer system used to collect and treat domestic and industrial wastewater within the boundaries of the Participants.. Hh. Regional Rate Committee. The Regional Sewer Rate Committee made up of one representative of each Participant that discharges waste water to the Plant, and one representa- tive elected at large. The primary function of this committee is to review and approve the schedule of ,charges for wastewater treatment. Ii. Sanitary Sewer. A pipe or conduit designed or used to transport sewage and to which storm water, surface and ground waters are not admitted intentionally. Jj. Service charge, The charges levied on all Industrial Users of the public sanitary sewer system for operation, Ordinance No. 1502 - 4 maintenance, and other purposes as established by the Regional Rate Committee and adopted by the City. - Kk. Sewer User. Every person using any part of the Regional Facilities. L1. Shall. "Shall" is mandatory. Mm. Slug. Any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period longer than fifteen (15) minutes, more than. five (5).times the average twenty-four (24) hour concentration or flows, during normal operation. Nn. SPCC. Spill Prevention, Containment and Counter- measure plan as defined in 40 CFR Section 112. Oo. Standard. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with. section 307 (b) and~(c) of the Act (33 U.S.C. 1347) which applies to a specific category of Industrial Users. Pp. Standard Methods. The examination and analytical procedures set forth in the most recent edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation and the Supplement to this document titled Selected Analytical Methods Previewed and Cited by U.S. EPA. Qq. Storm water. Waters on the surface of the ground or underground resulting from rainfall or other natural precipita- tion. Rr. Suspended Solids or Total Nonfilterable Residue. Solids that either float on the surface, or are in suspension in water, sewage, or other 1_quids; and which are removable by laboratory filtering in accordance with procedures set forth in Standard Methods, Ss. System. A conduit or system. of conduits in which sewage is transported. Tt. Toxic Pollutants. Those substances .listed by ..title. and Industrial Waste Discharge Permits as toxic pollutants. The list is based upon the priority pollutant list prepared by the U. S. Environmental Protection Agency and any additional information available which indicates toxicity or hazard level of particular substances. Uu. Treatment. The reduction of the amount of pollu- tants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state. Vv. Unpolluted Water or Liquids. Any water or liquid containing none of the following: free or emulsified grease or oil; acids or alkalies; substances that may impart taste-and- odor or color characteristics; toxic or poisonous. substances in suspension, colloidal state or solution.; odorous or otherwise obnoxious gases. Analytical determinations shall be made in accordance with procedures set forth in Standard Methods and other approved EPA methods. Ww. Upset. An exceptional incident in which an Indus- trial User unintentionally and temporarily is in a state of noncompliance with. the discharge requirements set forth in this Ordinance No. 1502 - 5 title or existing permit due to factors beyond the reasonable control of the Industrial User, 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. Xx. Wastewater. The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any ground water, surface water, and storm water that may be present, whether treated or untreated, which is contributed into or permitted to enter the regional facilities. 14.04.020.. Definition of Additional Terms. Words, terms or expressions peculiar to the art or science of sewerage not hereinabove defined shall have the respective meanings given in GLOSSARY, WATER AND WASTEWATER~CONTROL ENGINEERING published in 1981, prepared by a Joint Committee representing American Public Health Association, American Society of Civil Engineers, American Water Works Association, and the Water Pollution Control Federation. 14.04.030. Abbreviations. The following abbre- viations 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. 1 - Liter 6. mg - Milligrams 7. mg/1 - Milligrams per Liter 8. NPDES - National Pollutant Discharge Elimination System 9. SIC - Standard Industrial Classification 10. _ SWDA _- Solid Waste Disposal Act, 42 U.S.C.. 6901, et. .seq. 11. USC - United States Code 12. TSS - Total :Suspended Solids. CHAPTER 14.08 PROHIBITED DISCHARGES 14.08.010. Sanitary Sewers. It is unlawful to discharge, permit the discharge, or permit or allow a con- nection which will result in the discharge of wastewater or industrial waste into a storm drain. It is unlawful for any person. to discharge or permit the discharge or cause or permit a connection which will result in the discharge of uncontam- inated water used for refigerating or cooling purposes or steam condensation into the sanitary sewer.. Ordinance No. 1502 - 6 14.08.020. Prohibitions and Limitations. Except as hereinafter provided, no person shall discharge the following substances into a sanitary sewer: A. Any flammable or explosive liquid, solid, or gas which may, by themselves or by interaction with other sub- stances, cause fire or explosion resulting in injury to per- sons, property, or the operation of the regional facilities. At no time, shall two successive readings on an explosion hazard meter, at the point of discharge into the Regional Facilities (or at any point in the Regional Facilities) be more than five percent (50) nor any single reading over ten percent (10/5) of the Lower Explosive Limit. (LEL) of the. meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naptha, benzene, toluene, yxlene, ethers, alcohols, ketones, aldehydes,~peroxides, chlorates, perchlorates, bromates, carbides, hydrides, and sulfides and any other substances which the City or the Plant Superintendent, the State, or EPA has notified the Industrial User is a fire hazard or a hazard to the system. B. Any wastes, wastewaters or substances having a pH less than 5.5 or more than 9.5 or having any other corrosive. property capable of causing damage or hazard to structures, equipment, or personnel of the Regional Facilities. This includes, but is not limited to, battery or plating acids and wastes, copper sulfate, chromium salts and compounds, or salt brine. C. Solid or viscous substances which may cause ob- struction to the flow in a sanitary sewer or other interference with the operation of the regional facilities such as, but not. limited to; grease, garbage with particles greater than one- quarter inch (1/4") in any dimension, animal guts. or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood , feathers, ashes, cinders, spent lime, stone or marble,. sand, dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar asphalt residues, residues from refining, or process- ing of fuel or lubricating oil, mud, or glass grinding or polishing wastes. The basis for determination of excess amounts of the above will be judged on standard levels found in normal domestic wastewater. D. Any wastewater containing toxic pollutants in suffi- cient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treat- ment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the Plant, or to exceed the limitation set forth in a Federal Categorical Pretreatment Standard. E. Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other wastewater are sufficient to create a public nuisance or hazard to life or are Ordinance No. 1502 - 7 sufficient to prevent entry into the Regional Facilities for maintenance and repair, _ F. Any wastewater which contains in excess of one hundred (100) milligrams per liter or a lesser amount as fixed by the City for a particular establishment, of fat, wax, oil or grease, whether or not emulsified, ether-soluble or n-hexane soluble matter or any substance which may solidify or become discernably viscous. at temperatuzes above 0° Celsius (32° Fahrenheit).. 14.08.03-0. Additional Limitations. No person shall. discharge or cause to be discharged the following described substances, materials, or wastewaters if it appears likely .in the opinion of the Plant Superintendent that such wastes can harm either the Regional Facilities wastewater treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming an opinion as to the acceptability of these wastes, the Plant Superintendent will give consideration to such factors a the quantities of subject wastes in relation to flows and velocities in the Regional Facilities, materials of cons ruction of the Regional Facil- ities, nature of the wastewater treatment process, capacity of the Plant, degree of treatability of such wastes in the Plant, and other pertinent. factors. The substances prohibited aces A, Any liquid. or vapor having a temperature higher than 150° F, (65° C.). B. Large quantities of shredded garbage or garbage that has not been properly shredded. . C. Any wastewater as discharged to the public sewer containing iron, chromium, copper, zinc, and similar objectional or toxic substances exceeding a concentration defined in Section 14.08.060 or such other limits as_may be _ __ __.. established in compliance with applicable State. or Federa l regulations. D. Any wastewater containing phenols or other taste or odor producing substances, in such concentrations exceeding limits which may be established as necessary, after treatment of the composite sewage, to meet the requirements of the State, Federal, or other public agencies of jurisdiction for such discharge to the receiving waters. E. Any radioactive wastes or isotopes of such half life or concentration as may exceed limits established in compliance with applicable State or Federal regulations, F, Nlaterials which exert or causes 1. Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and lime residues) or of dissolved solids {such as, but not limited to, sodium chloride and sodium sulfate.) 2. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions.) 3. Unusual chlorine requirements in such quantities Ordinance No. 1502 - 8 as to constitute a significant load on the Plant.. 4. Unusual volume of flow or concentration of waste- water constituting a slug load which can. be demon- strated to cause interference to the Regional Facilities, In circumstances requiring a numerical value for "unusual" or '°excessive", the Regional Rate. Committee shall fix the value on a case-by-case basis. G. Any wastewater containing a total of sixty (60) pounds or more suspended solids or BOD in any one day subject to the provisions of Chapter 14.16. H. Wastewater containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such degree that the Plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. 14.08.040. Federal Categorical Pretreatment Stan- dards. Upon the promulgation of the Federal Categorical Pretreatment Standards for a particular industrial subcategory, the Federal Standard, if more stringent than limitations imposed under this Title for sources in that subcategory, shall immediately supersede the limitations imposed under this Title. The Plant Superintendent shall notify all affected Industrial Users of the applicable reporting requirements under 40 CFR, Section 403.12. 14.08.050. Modification of Federal Categorical. Pretreatment Standards. Where the wastewater treatment system achieves consistent removal of toxic pollutants limited by Federal Categorical Pretreatment standards, the Plant Superin- terident may apply to the Approval Authority for modification of specific, limits in the Federal Categorical Pretreatment Stan- dards. "Consistent Removal" shall mean reduction in the amount of toxic pollutant or alteration of the nature of the toxic pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system in 95 percent of the samples taken when measured. according to the procedures set forth in Section 403.7(c)(2) of (Title 40 of the code of Federal Regulations, Part 403) - "General Pretreat- ment Regulations for Existing and New Sources of Pollution" promulgated pursuant to the Act. The Plant Superintendent may then modify toxic pollutant discharge limits in the Federal Pretreatment Standards if the requirements contained in 40 CFR Part 403, Section 403.7 are fulfilled and prior approval from the approval Authority is obtained. 14.08.060.. Specific Toxic Pollutant. Limitations. No person shall discharge wastewater containing concentrations in excess of those listed on the following table where. calculated for the maximum daily concentration, 4 day arithmetic average or 30 day arithmetic average unless stated otherwise in the Users permit: Ordinance No. 1502 - 9 1 da max. 4 day max. 30 da average arsenic 8.4 mg L 5.4 mg L 4.0 mg L. cadmium 1.2 mg/L 0.7 mg/L 0.5 mg/L copper 3.7 mg/L 1.4 mg/L 1.0 mg/L cyanide 1.9 mg/L 1.0 mg/L 0,5 5 mg/L lead 0.6 mg/L 0.4 mg/L 0.3 mg/L nickel 5,0 mg/L 2.7 mg/L 1.8 mg/L silver 0.6 mg/L 0.7 mg/L 0.5 mg/L total chromium 7,0 mg/L 4.0 mg/L 2.5 mg/L zinc 3.7 mg/L 1.4 mg/L 1.0 mg/L 14.08.070. Excessive Discharge. No Industrial User shall intentionally 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 the limitations contained in the Federal Categorical Pretreat- ment Standards, or in any other pollutant-specific limitation developed by the City or State. It is understood that an industry may vary water usage in the. ordinary course of processing. This section is not intended to interfere with this flexibility. CHAPTER 14.12 ACCIDENTAL DISCHARGES 14..12.010. Accidental Discharge Procedures. Each Industrial. User shall provide protection from accidental discharge of Prohibited Pollutant or other substances regulated by this Title. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or Industrial User's own cost and expense. Detailed plans showing facilities and operating procedures_to provide___, this protection shall be submitted to the Plant Superintendent for review, and shall be approved by the Plant Superintendent before construction of the facility. All existing Industrial Users shall complete such a plan with six (6) months after adoption of this Title or by July 1, 1983, whichever date is later. No Industrial User who commences contribution to the Plant after the effective date of this Title shall be permitted to introduce prohibited pollutants into the system until accidental discharge procedures have been approved by the Plant Superintendent. Review and approval of such plans and operat- ing procedures shall not relieve the Industrial User from the responsibility to modify the Industrial User°s facility as necessary to meet the requirements of this Title. 14.12.020. Notice. In the case of an accidental discharge, it is the responsibility of the Lndustrial User to immediately telephone and notify the Plant Superintendent of the incident. The notification shall include. location of discharge, type of waste, concentration and volume, and correc- tive actions. Failure to comply shall cause the Industrial Ordinance No. - 10 User to be in violation and subject to conditions described in Chapter 14.36 of this Title. Within five (5) days following an accidental discharge; the Industrial User shall submit to the Plant Superintendent a detailed written report describing the cause of the discharge and. the measures to be taken by the Industrial User to prevent similar future occurences. Such notification shall not relieve the Industrial User of any expense, loss, damage, or other liability which may be incurred as a result of damage to the Plant, fish kills, or any other damage to person or property; nor shall such notification relieve the Industrial User of any fines, civil penalties, or other liability which may be imposed by this article or other applicable law 14..12.030. Notice to Employees. A notice shall be permanently posted on the Industrial User's bulletin board or other prominent place advising employees to notify the Indus- trial User's Authorized Representative of an upset or acci- dental. discharge.. Employers shall insure that all employees who may cause or allow such a discharge to occur are advised of the emergency notification procedure. 14.12.040. Preventive Measures.. Direct or indirect connections or entry points which could allow spills or uncon- trolled discharges of prohibited or restricted substances to enter the sanitary sewer system shall be eliminated, labeled, or controlled so as to prevent the entry of wastes in violation of this Title. The Plant Superintendent may require the Industrial User to install or modify equipment or make other changes necessary to prevent such discharge as a condition of issuance of an Industrial Waste Discharge Permit or as a condition of continued. discharge into the sanitary sewer system. A schedule of compliance shall be established by the Plant Superintendent which requires completion of the required. actions within the. shortest reasonable period of time.. Vio- lation of the schedule .without an extension of time is a violation of this Title:: 14.12..050. Spill Prevention and Control and Contain- ment Plans (SPCC). Industrial Users that handle, store or use substantial amounts of Prohibited Pollutants on their site shall prepare a spill prevention. plan within. 90 days of the effective date of this Title directed at preventing the en- trance of those substances, directly or indirectly, into the sanitary sewer system. Substantial amounts shall mean an amount that, if released at one time, could be measured. in the effluent at the Plant at sufficient concentration to be con- sidered a prohibited pollutant as defined in this section. The plan shall be available for inspection at the facility during normal business hours and shall include, but not be limited to, the following elements: A. A description of the potential points of entry into the sanitary sewer system;. B. A description. of the measures to be taken to prevent Ordinance No. 1502 - 11 entry at the described points before the spill occurs; C. Measures to be taken in the event of a spill of pro- hibited pollutants or restricted materials to contain them; D. A description of employee training in the prevention and control of spills. A valid SPCC plan required under the Federal Clean Water Act may be acceptable in lieu of developing a new spill control plan, provided the plan adequately addresses the elements required.: If an Industrial User has. a spill or uncontrolled discharge of prohibited pollutants or restricted substances into a sanitary sewer, the Plant Superintendent may require the Industrial User's spill prevention and control plan to be submitted to the Plant Superintendent and may require revisions to be made in the plan. CHAPTER 14.16 PERMITS 14.16.010. Control of Industrial Wastes.. A. Prohibited Disccarge. Industrial Users shall be subject to all provisions of this Title. B. Discharge Limitations. It is unlawful for an Indus- trial User who has an effective Industrial Waste Discharge Permit pursuant. to this Chapter to discharge wastewater to the sanitary sewer system in excess of the limitations established in the permit. The Plant Superintendent shall establish Industrial Waste Discharge Permit Limitations to the extent necessary to comply with current National Pollutant_Discharge. Elimination System ..categorical and general pretreatment stan- dards and waste discharge requirements as promulgated by. the. U. S. Environmental Protection Agency and the Oregon State Department. of Environmental Quality; to protect the publish health and safety; to protect the receiving water quality; to protect the sanitary sewer system; anal to comply with all other applicable Federal and State laws.. Existing and future pre- treatment standards for existing and new sources promulgated by the Environmental Protection Agency under the authority of the Clean Water Act (PL95-21?), along with any future revisions, are incorporated herein by reference as a means of complying with Federal and. State pretreatment requirements and will be included as discharge limitations in Industrial Waste Discharge Permits issued to affected industries. C. Excess Discharge. It is unlawful to discharge into the sanitary sewer system concentrations of materials in excess of the amounts specified in Chapter 14.08 unless the Industrial- User has an effective Industrial Waste Discharge Permit which establishes a different limitation for a specific pollutant> Ordinance No. 1502 - 12 D. Approval Required. No connection shall be made to the sanitary sewer system without prior approval nor until conditions allowing hookup defined in the Industrial Water Discharge Permit are satisfied where applicable. 14.16.020. Permits - Required. Except as provided in Section 14.16.030 an Industrial User shall have an Indus- trial Waste Discharge Permit prior to discharging into the. sewer system ifd , A. the discharge is subject to Federally adopted Nation- al Categorical Pretreatment Standards; or, B. the discharge exceeds normal domestic levels and may include, but are not limited to, the following; 1. discharges containing either 60 pounds of suspended solids or 60 pounds of BOD per day; or, 2. discharges containing incompatible pollutants in concentrations or quantities above those measured in normal domestic wastewater and which may interfere with the operation. of the. sewer system or increase the. costs of operation; or, 3. discharges that have a maximum instantaneous flow which exceeds ten percent of the capacity of the available lateral or appropriate trunk sewer and which can be demonstrated to interfere with the capacity of other Industrial Users. In circumstances requiring specific limitations, values shall be determined by the Regional Rate Committee, 14..16.030. Permits - Notification of Requirement to Existing Industrial Users. Industrial Users that are discharg- ing prior to the date that an Industrial Waste Discharge Permit is required shall be notified in writing that such a permit is required. After notification, such Industrial Users shall be allowed to continue discharging into the sanitary sewer system "without an Industrial Waste Discharge Permit until a permit is issued--or denied provided that a completed application. for. an Industrial Waste Discharge permit is filed within ninety (90) days from date of notifications.. Discharges allowed under these conditions shall meet all other applicable requirements of this Title. 14.16.040. Permits. - Application. A. Application for an Industrial Waste Discharge Permit shall be made to the City. The application shall not be considered complete until. all information identified on the form is provided, unless specific exemptions are granted by the Plant Superintendent. B. Completed applications shall be submitted to the City within ninety (90) days. prior to the date the discharge is to begin. C. Contents of the Permit Application shall be subject to the confidentiality conditions. defined in Section 14.28..040. Ordinance No. 1502 - 13 14.16.050. Permits - Information Details. A. In addition to the standard form to be provided, an applicant for an Industrial Waste Discharge permit may be required to provide the following information: 1. Name, address and location (if different from the address); the legal name of the business must be listed as well as officer entitled to sign documents on behalf of the business; 2. SIC Number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1982, as amended; 3. Potential toxic pollutants or prohibited wastewater constituents and characteristics including but not. limited to those listed in Section 14.08.090 of this Title. 4. Time and duration of contribution; 5. Average daily wastewater flow rates, including daily, monthly and seasonal variations, if any; 6. Site plans, floor glans, 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 which relate to discharges regulated by this Title. 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 a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional pretreatment is required for .the Industrial User to meet applicable Pretreatment .Standards. Such information shall be subject to the conditions stated in Section 14.28.040. _ _ _ _ ., _ _ 9. If additional pretreatment will be required to meet the Pretreatment Standards the Industrial .User shall define, the shortest schedule to provide such action. The completion date in this schedule shall not be later than the compliance date established for the applicable Pretreatment Standard. The following conditions shall apply to this schedule a. The schedule shall contain dates for the conunencement and completion of major events leading to the construction and operation of additional pretreatment required for the Indus- trial User 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, startup and full operation.) b. No increment referred to in paragraph (l.) shall exceed 9 months.. c. Not later than 14 days following each date Ordinance No. 13.O;L - 14 on the schedule and the final date for compliance, the Industrial User shall submit a progress report to the. Plant Superintendent including, as a minimum, whether or not it com- plied with the increment of progress, the reason for delay, and the steps being taken by the Industrial User to return the construction to the schedule established. In no event shall more than nine month elapse between such progress reports to the Plant Superintendent. 10. Each product produced by type, amount, process or processes and rate of production, if subject to mass limitation provisions stated in Federal Categorical Pretreatment Stan- dards. 11. Prohibited and/or toxic pollutants which are subject to an SPCC program. 12. Hours of operation of plant and proposed or actual hours of operation of pretreatment system. 13. Any other information. as may be deemed by the Plant Superintendent to be necessary to evaluate the permit applica- tion. The Plant Superintendent will evaluate the date furnished by the Industrial User and may require additional information. After evaluation and acceptance of the data furnished, the Plant Superintendent may recommend issuance of an Industrial Waste Discharge Permit subject to terms and conditions provided herein. 14.16.060. Issuance of Industrial Waste Discharge Permits. A. Industrial Waste Discharge Permits shall be issued or "denied by the Plant Superintendent within 90 days after a _ completed: app cation is ,received. B, Lndustrial Waste Discharge Permits shall contain conditions which meet the requirements of this Title as well as those of applicable State and Federal laws and regulations. C. If pretreatment facilities are needed to meet the discharge requirements in the discharge permit, the permit shall require the. installation of such facilities. D. Whenever a discharge permit requires installation or modification of pretreatment facilities or a process change necessary to meet discharge standards or spill control requre- ments, a compliance schedule shall be included which establishes the date for compliance of the changed and any appropriate interim dates. Interim dates shall be no more than ninety (90) days apart. E. Discharge permits shall expire no later than five (5} years after the effective date of the permit. F. The Plant Superintendent may deny approval to issue a discharge permit if the discharge will result in violations of City, State or Federal laws or regulations; will overload or cause damage to any portion of the sewer system; or will create an imminent or potential hazard to personnel. Ordinance No. 15;02 - 15 14.16.070.. Permit Conditions. Industrial Waste Discharge Permits shall be expressly subject to all provisions of this Title and all other applicable regulations, charges. and fees. Permits shall contain the. followings A. The unit charge or schedule of charges and fees for the wastewater to be discharged to a sewer; B. Limits on the average and maximum wastewater constit- uents and characteristics consistent with capacity of the Regional Facilities; C. Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization consistent with the capacity of the Regional Facilities; D. Requirements for installation and maintenance of inspection and sampling facilities, if required; E. Specifications for monitoring programs which may include sampling locations, frequence of sampling, number, types and standards for tests and reporting schedule; F. Compliance schedules; G. Requirements for submission of technical reports or discharge reports either required by provisions of the Federal Categorical Pretreatment Standards or to support monitoring requirements of the Region's Pretreatment Program; H. Requirements for maintaining and retaining records relating to wastewater discharge anal. affording City or Plant Superintendent access thereto; I. Requirements for notification of the Plant Superin- tendent of introduction of wastewater constituents which may include pollutants regulated by this Title and not defined in the permit or increase in the volume or character. by 15 percent of original Permit baseline estimates of the wastewater con- . stituents being introduced into the Regional Facilities system. J. Requirements for notification of slug discharges which may affect another Industrial User's sanitary sewer capacity; _ _ __ K. Other conditions as deemed appropriate to ensure compliance with this Title. - 14.16.090. Modification of Permits. A. An Industrial. Waste Discharge Permit may be modified for good and valid cause at the written request of the permittee or at the discretion of the. Plant Superintendent. B. Permittee modification requests shall be submitted to the City and shall contain. a detailed description of all proposed changes in the discharge.. The Plant Superintendent may request any additional information needed to adequately prepare the modification or assess its impact. C. The Plant Superintendent. may deny a request for _ modification if the change will result in violations of City, State or Federal laws. or regulations; will overload. or cause damage to any portion of the sanitary sewer system; or will create an imminent or potential hazard to personnel. D. If a permit modification is made at the direction of the Plant Superintendent, the permittee shall be notified in writing of the proposed modification at least thirty (30) days Ordinance No. 1502 - 16 prior to its effective date and informed of the reasons for the change . 14.16.100. Change in a Permitted Discharge. A modification to the permittee's discharge permit must be issued before any significant change is made in the volume or level of pollutants in an existing permitted discharge to the sanitary sewer system. Changes in the discharge involving the introduc- tion of a prohibited pollutant(s) not previously included in the Industrial Waste Discharge Permit application or involving the addition of new pollutants shall be considered as new discharges, requiring application under Section 14.16.020. 14.16.110. Spill Prevention Provisions.. No Indus- trial User shall ,include discharge to the sanitary sewer as a part of a contingency plan required by other Federal or State regulations, to fulfill the requirements of any other regulatory permit. Containment on site according to methods approved by EPA and/or the Department. of Environmental Quality shall be used. 14.16.120. Termination or Limitation. Notwithstand- ing prior acceptance into the Regional Facilities of industrial wastes under this chapter, if the Plant Superintendent finds that industrial wastes from a particular commercial or indus- trial occupancy or a class of wastes from. similar commercial or industrial occupancies constitute a nuisance or may create a hazard to Regional Facilities or receiving waters, then the Plant Superintendent may limit the characteristics or volume of the industrial wastes accepted under this Chapter, or may terminate the acceptance. Notice of the limitation or termina- tion shall be given in writing to the occupant of the property involved and shah specify the date when the limitation or termination .is tQ"be effective. It is unlawful for any person to discharge or permit the discharge of industrial wastes in violation of this notice. Any Industrial User feeling. ag- grieved by this action may follow appeal procedures defined in Chapter 14.40. 14.16.130. Permit Transfer. Industrial Waste Discharge Permits are issued to a specific Industrial User for a specific operation. Awaste-discharge permit shall not be reassigned or transferred or sold to a new owner, new Indus- trial User, different premises,. or a new or changed operation without the approval of the Plant Superintendent. If no changes are made to the operation by the new owner, the ap- proval shall be completed in at least fourteen (14) days. If modifications are made in the operation, the conditions of this Chapter shall apply. If a new use of the premises is planned by the new Industrial User, the terms and time constraints of Section 14.16.020 shall apply. Ordinance No. 1502 - 17 CHAPTER 14..20 SAMPLING AND INSPECTION 14.20.010. Waste Sampling and Monitoring. A. Wastewater discharged into the public sewers shall be subject to periodic inspection anal a determination of character and concentration. The determinations shall be made. as often as deemed necessary. When automatic flow measurement and sampling facilities are not available, the samples shall be collected in such a manner to be representative of the composi- tion of the wastewater. The sampling may be accomplished either manually or by the use of mechanical equipment. Access to the sampling locations shall be granted to the, Plant Super- intendent or his duly authorized representatives at all times during normal working hours. B. All measurements, tests, and analyses of the charac- teristics of wastewater to which reference is made in this Title shall be in accordance with the. latest edition of Stan- dard Methods or other procedures permitted by EPA and shall be determined at a control manhole provided, or taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sanitary sewer to the' point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the Plant and to determine the existence of hazardous conditions defined elsewhere in this Title. 14.20.020. Sampling and Flow Measurement. Each Industrial User discharging industrial wastes into a public ...sanitary sewer may, at his option, or shall, when directed by the Plant Superintendent, construct and maintain an approved control manhole, together with such a flow measurement, flow _ _ _ _ _ sampling, and sample storage facilities-for all wastewater entering the public sewer as may be required by the Plant Superintendent. This facilities will be used to obtain flow, BOD, and suspended solids data for use as a basis for a waste- . water charge. In lieu. of directing the construction of measure- ment sampling and sample storage facilities, the Plant Supern- tendent may require that each person discharging industrial wastes into a public sanitary sewer to procure and test at the person's expense and in a manner approved by the Plant Superin- tendent, sufficient composite samples on which to base and compute the person°s wastewater charge. In the event that automatic flow measurement, sampling, and sample storage facilities are not provided, the wastewa-~er charge shall. be computed using the meter water flow to the premises as a basis for wastewater flow and the laboratory analysis of samples procured as directed by the Plant Superintendent as a basis for computing wastewater concentrations. Analysis that will change an Industrial User°s rates shall be transmitted to the City for action based on a frequency determined by recommendations by the Regional Rate Committee. Metered water flow shall include all water delivered to or used on the premises and which is Ordinance No. 1502 - 18 discharged to regional facilities. All metered flows shall be metered at the Industrial User's expense.. Cooling waters or water not discharged to a sanitary sewer shall be separately metered at the Industrial User°s expense using deduct meters or any other manner approved by the Plant Superintendent prior to allowing deduction of such flow from the total water used on the premises in computing the wastewater charge. The Plant Superintendent may determine, by at least three 24-hour composite waste samples, .either consecutive or separate during a year, if wastewater discharged to the sanitary sewers exceeds the extra strength limits established by this Title, the City or the Regional Rate Committee. If three consecutive measurements indicate that the. limits are exceeded, the options for installation of measurement and sampling equipment shall apply. The method to determine rates of charge for wastewater shall be as described in Chapter 14.32. 14.20.030. Sampling Manhole. The Plant Superinten- dent may require an Industrial User to install and maintain at the Industrial User's expense a suitable manhole in the Indus- trial User's sanitary sewer to allow observation, sampling and measurement of all industrial wastes being discharged into the City sewer system. It shall be constructed in accordance with approved plans and shall be designed so that flow measuring and sampling equipment may be conveniently installed. Access to the manhole shall be available for monitoring purposes at all `times when wastewater is being produced and/or discharged. 14.20.040. Installation Expense and Location. A. If so directed by the Plant Superintendent, all devices, access facilities, and related equipment shall be °installed by"`the Industrial User discharging the wastewater, at his expense, and shall be maintained by him so as to be in safe condition, in proper operating condition at all times, and readily accessible to the Plant Superintendent during periods of industrial-activity of~'any type. B. The flow measurement and sampling station shall be located and constructed in a manner acceptable to the Plant Superintendent. Complete plans on all phases of the proposed installation including all equipment proposed for use, shall be submitted to the City for approval prior to construction. C. Specifications for metering and sampling devices shall be obtained from the City. 14.20.050. Analyses. Laboratory procedures used in the examination of wastes shall be those set forth in Standard Methods or other EPA approved procedures. However, alternate methods, for certain analyses of industrial wastes may be used if approved by the Plant Superintendent.. The waste samples shall be analyzed by the City of Medford or by a laboratory approved by the Plant Superintendent. Ordinance No. 1502 - 19 14.20.060. Inspection and Sampling. A. Inspection. The Plant Superintendent and. a.represen- tative from Central Point may inspect the monitoring facilities of any Industrial User to determine compliance with the re- quirements of this Title. The Industrial User shall allow authorized representatives to enter upon the premises of the Industrial. User at all hours, for the purpose of inspection, sampling, or records examination... Plant Superintendent also has the right to set up on the Industrial User's property such devices as are necessary to conduct sampling, inspection, compliance. monitoring and/or metering operations. The right of entry includes, but is not. limited to, access to those portions of the premises that contain facilities for sampling, measur- ing, treating, transporting or otherwise handling wastes, and storing records, reports or documents relating to the treat- ment, sampling, or discharge of the wastes. B. Conditions for Entry.. 1. The authorized personnel shall present appropri- ate credentials at the timz of entry; 2. The purpose of the entry shall be for in- spection, observation, measurement, sampling or testing in accordance with the provisions of this Title, 3. The entry shall. be made at reasonable times during normal operation or business hours unless an emergency situation exists as determined by the Plant Superintendent. 4. All regular safety and sanitary requirements of the facility to be inspected shall be complied with by author- ized representative(s) entering the premises, 5. Information in the Industrial User's records that are of a confidential nature will be governed by proce- dures outlined in Section 14.28.040. C. Representative Samples. Samples of wastewater being . discharged ,into the sanitary sewer system shall be representa- _ tive of the discharge and shall be taken .after_treatment,._if ___ any, and before dilution by other water. The sampling method shall be one approved by the Plant Superintendent and done in _ accordance with good engineering practice. D. Taking Samples,. Samples that are taken for the purposes of determining compliance with the requirements of this Title shall be split with the Industrial User (or a duplicate sample provided in the instance of fats, oils and greases) if requested by the Industrial User before or at the time of sampling. E. Analysis. All sample analyses shall be performed in accordance with the procedures set forth in 40 CFR, Part 136 and any amendments thereto or with any other test procedures approved by the Administrator of the Environmental Protection Agency. If there are no approved test procedures for a partic- ular pollutant, then analyses shall be performed using other validated procedures approved by the Plant Superintendent. 14.20.070. Resampling Requests: Fees. Any Indus- trial User may request the Plant Superintendent to resample wastewater at no charge if eighteen months or more have elapsed since the last such sampling. If less than eighteen months Ordinance No. 1502 - 20 have elapsed since the last sampling, then requests for the Plant Superintendent to resample wastes shall be submitted in writing, and accompanied by full payment, to the City for the resampling fee in such amount as shall be established by the City Council. CHAPTER. 14.24 PRETREATMENT 14.24.010. Pretreatment Required. A. If pretreatment facilities, operation changes or modifications at an Industrial User's facility are needed to comply with any requirements under this Title or are necessary to meet any applicable State or Federal requirements, the Plant Superintendent may require that such facilities be constructed or modifications or changes be made within the. shortest reason- able time, taking into consideration construction time, impact of the untreated. industrial waste on the sanitary sewer system, economic impact on the facility, impact of the industrial waste on the marketability of the treatment plant sludge, and any other appropriate factor. B. Any requirement in Section 1.4.24.010-A may be incor- porated as part of an Industrial Waste Discharge Permit and made a condition of issuance of such permit or may be incor- porated in a contractual agreement as a condition of the acceptance of the industrial waste from that facility.. C. Any facilities required to pretreat wastewater to a level acceptable to the Plant Superintendent shall be provided, operated, and maintained at the Industrial User's expense. Detailed plans showing the pretreatment facilities and operat- "ing procedures shall be submitted to and approved by the Plant Superintendent before construction of the facility. The review of such plans and operating procedures will in no way relieve the Industrial User from the responsibility of modifying the facilities as necessary to produce an acceptable effluent under the provisions of this Title. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to Plant Superintendent prior to the Industrial User°s initiation of the changes.. 14.24.020. Grease Traps and Other Pretreatment. Grease, oil, and sand traps shall be provided, operated and maintained when, in the opinion of the Plant Superintendent, they are necessary for the proper handling of wastewater containing grease in excessive amounts, Or any flammable wastes, sand, or other harmful ingredients; except that such traps shall not be required for private living quarters or dwelling units. All traps shall be of a type and capacity approved by the Plant Superintendent and shall be located as to be readily and easily accessible for cleaning and inspection. All industrial wastes shall be pretreated when required in conformance with conditions detailed in this Title. Ordinance No. 1502 - 21 14.24.030. Garbage Grinders. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (560 watts) or greater shall be subject to the review and approval of the Plant Superintendent. 14.24.040. Operation. Where pretreatment. or flow- equalizing facilities are provided for any wastewater, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. CHAPTER 14.2:8 REPORTING AND RECORDS 14..28.010: Initial Compliance Report. A. Within ninety (90) days after receiving notification that an Industrial Waste Discharge Permit is required, the Industrial User subject to this Title shall submit a report to the Plant Superintendent which indicates the nature and concen- tration of all prohibited or compatible pollutants regulated by this Title and contained in its discharge and the average and maximum daily flow in gallons per day.. The report shall also state whether the applicable pretreatment standards or require- ments are being met on a consistent basis, and, if not, what additional operations and maintenance. and./or pretreatment is necessary to bring the Industrial User into compliance with the applicable standards and requirements. This statement shall be signed by an authorized representative. of the Industrial User and certified to by a qualified professional engineer. B. Such reports shall be completed in compliance with the current General Pretreatment Regulations for Existing and New Sources of Pollution as published in the Federal Register, 40 CFR Parts 125 and .403. C. If the information requirement has already. been provided, and that information. is still accurate, the Indus- trial User shall reference the submitted information and is not required to submit it again. 14.28.020. Reporting Requirements. A. Any Industrial User that is required to have an Industrial Waste Discharge Permit shall submit to the Plant. Superintendent during the months of June and December, unless required on other dates and/or more frequently, a report indicating the nature of the effluent over the previous six month period. The report. shall include, but is not limited to, the concentration (and mass if limited in such permit) of the limited pollutants and a record of all daily flow measurements which exceeded the average daily flow requirements in such permit. B. The frequency of the monitoring shall be determined by the Plant Superintendent and specified in the Industrial Waste Discharge Permit. If there is an applicable effective Federal Categorical Pretreatment Standard, the frequency shall not be less than that prescribed in the standard. Ordinance No. 1502 - 22 C. Flows shall be reported on the basis of actual measurements, provided, however, where cost or feasibility considerations justify, the Plant Superintendent may accept reports of average and maximum flows estimated by verifiable techniques. D. The Plant Superintendent may require reporting by Industrial Users that are not required to have an Industrial Waste Discharge Permit if information and/or data is needed to establish a service, determine the treatability of the. effluent or determine any other factor which is related to the operation and maintenance of the sanitary sewer system. 14.28.030. Season Operation Notification.. Any Industrial User discharging more than 10,000 gallons per day is requested to notify the Plant Superintendent as early as possible prior to commencing discharge to the sewer if the Industrial User's operation. has not been in operation for any 30-day period prior to restarting. Notification seven (7) days prior to the first discharge allows the Plant to prepare the biological system for increased loading. Information supplied should include approximate hours of operation, number of shifts, and estimated production rates in gallons per day and strength of waste for the first week of operation. Any Industrial User discharging more than 10,000 gallons per day in a seasonal operation is requested to notify the Plant Superintendent approximately seven (7) days in advance of a shut down anticipated to be thirty (30) days or greater in duration. 14.28.040. Confidential Information. A. Any records, reports or information obtained under this Title shall be available to the public or any governmental agency, unless classified by the Plant Superintendent as confidential.' In order to obtain a classification of confiden- tial on all or part of any records, reports or information submitted, the Industrial User shall: (a) submit a written request to the Plant Superintendent identifying the material that is desired to be classified as confidential and (b) demonstrate to the satisfaction. of the Plant Superintendent that records, reports or information, or particular parts thereof, if made public, would divulge a secret process, device or methods of manufacturing or production entitled to pro- tection as trade secrets or proprietary information of the Industrial User. B. Information and data on discharge quantity and quality submitted pursuant to this Title shall not be classi- fied as confidential. , C. Records, reports or information or parts thereof classified as confidential shall not be released or made part of any public. record or hearing unless such release is ordered by a court of competent jurisdiction. However, such confiders- tial information shall, upon written request, be made available to State or Federal agencies having jurisdiction, duties or responsibilities relating to this ordinance, the National Ordinance No. 15-02 - 23 Pollutant Discharge Elimination System or State of Oregon waste disposal laws and regulations. Confidential information shall not be transmitted to any governmental agency until and unless a ten-day written. notification is given to the Industrial User and unless the governmental agency receiving the confidential information has procedures for safeguarding the information. 14.28.050. Records Retention. All Industrial Users subject to this Title shall retain and preserve for no less than three (3) years, all records of information resulting from any monitoring activities required by this Section. Such records. shall include for all samples: the date, sample lo- cation, method, and time of sampling and. the names of the person or persons taking the samples; the dates analyses were performed; who performed the analyses; the analytical tech- niques/methods used; and results of such analyses. All records which pertain to matters which are the subject of any enforce- ment or litigation activities pursuant hereto shall be retained and preserved by the Industrial User until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. CHAPTER 14.32 SERVLCE CHARGES 14.32.010. Rates - Established.. The rates and charges as set forth in this. chapter are established and determined for the use of the sewage facilities of the. City. The gallonage factors shall be equivalent to water consumption. from service to the premises by the municipal water dis- tribution system of the City. _ 14.32.OZ0. Single-family. Residential Units, Single.-_ _ __ family residential service charges are as followsd A. Per dwelling per month $6.75 B. All single-family residences located on the tax lots hereinafter described and with the area annexed to the City by Ordinance No. 1088 shall, effective from time of connection, be charged for sewer service at the rate of five dollars twenty- five cents ($5.25) per month, until June 30, 1985, pursuant to Ordinances 1096 and 1155, at which time the charges in para- graph A, above will apply. The lots subject to the reduced sewer rates by this subsection are described on the records of the Jackson County tax assessor as follows: In Account No. 36-2W-34, Code 6-18:. Tax Lots 4500 3600 4400 3500 4300 3400 4200 3300 4100 3200 ..4000 3100 3900 3000 Ordinance No. 1502 - 24 3800 2900 2800 In Account No. 37-2W-34B, Code 6-18: Tax Lots 3600 4100 3700 4200 3800 4400 4000 4500 4600. 14.32.030. 1~Iultiple-Family Residential Living Units. There shall be a service charge for all multiple-family resi- dential living units including apartments, motels and hotels as follows: A. An amount equal to a minimum residential rate of six dollars and seventy-five cents ($6.75} per month times the number of living units"actually occupied on the first day of each month as may be designated by the owner or manager of such multiple-family residence on report forms delivered. or mailed to reach the City on or before the tenth day of each month. In the absence of a timely report of actual occupancy by the owner or manager of each such multiple-family residence, occupancy shall be deemed to be one hundred percent. 14.32.040. Public Schools, Hospitals and Churches. Service charges for Public Schools, Hospitals and Churches are per account per 'month, a total of the following: A. Capacity Charge: An amount determined by the size of water meter or meters supplying the premises served by the sewer connection as follows: For each meter through 3/4 inch $6.75 For each 1 inch meter 7.35 For each 1-1/2 inch meter 8.05 For each 2 inch meter 9.60 For each 3 inch meter 15.80 _ For each 4 inch meter 22.85. B. Gallonage: To the capacity charges specified in subsection A above shall~be added a charge of fifteen cents ($.15) per hundred cubic feet of water delivered to the prem- ises, as determined in subsection C below. C. The gallonage service charge for public schools, hospital and church accounts shall be determined once each. year during the month of March for each such account, and the amount of the charge so determined shall be charged for each month for the twelve-month period then beginning.. The charge shall be determined for each account by applying the rate in subsection B above to the average month water consumption during the preceding December, January and February for each such account except that for public schools the average monthly water consumption shall be based on water uses in January and Febru- ary. In the case of a service which commences after the month of February, the average gallonage shall be determined by the Central Point sewer department upon a reasonable comparison with the use of water by other customers receiving the same Ordinance No. 1502 - 25 class of service and under similar circumstances and con- ditions. _ 14.32..050. Commercial and Industrial Services. Service charges for Commercial and Industrial Services are per account per month, a total of the following: (Plus any extra strength or other charges per this Chapter.) A. Capacity charges:. An amount determined by the size of the water meter or meters supplying the premises serviced by the sewer connection as follows: For each meter through. 3/4 inch $6.75 For each 1 inch meter 7.35 For each 1-1/2 inch meter 8.05 For each 2 inch meter 9.60 For each 3 inch meter 15.80 For each 4 inch meter 2.2.85 For each 6 inch meter 40.45 For each 8 inch meter 58.05. B. Gallonage: To the capacity charges specified in A above shall be added a charge of fifteen cents ($.15) per hundred cubic feet of water delivered to the premises. 14.32.060. Mobile Home Parks. Service charges for Mobile_Home Parks are per account per month, a total of the following: A. A capacity charge of six dollars and seventy-five cents ($6.75) per month for developed mobile home spaces occupied on the first day of each. month as reported by the owner or manager of such mobile home park to reach the City on or before the tenth day of each month on .forms to be furnished by the City. In the. absence of a timely report of actual occupancy by the owner or manager of each such mobile home park, occupancy shall be deemed to be one hundred percent. 14.32.070. Recreational Vehicle Waste Dumping Stations. Per account per month a total of the following.: Capacity charge: The. charge for each recreational vehicle waste dumping facility shall be the sum of sixteen dollars ($16.00). 14.32.080. Extra-strength Service Charge. A. All commercial and industrial sewer service accounts shall pay a surcharge in addition to the service charge listed in Section 14.32.050. The surcharge shall be a monthly charge at the rate of $0.089 per three hundred p.p.m. of biochemical oxygen demand, or fraction thereof, in excess of the first three hundred p.p.m, of biochemical oxygen demand, per one _ hundred cubic feet. of water delivered to the premises which shall be determined by the average of each day°s composited sample taken three (3) times per year for the initial year and at least once in every subsequent eighteen (18) months.. A composite sample is a series of samples mixed together so as to approximate the average strength of discharge to the sewer. Said composite sample for each day may consist of a pool of Ordinance No. 1502 - 26 twenty-four (24} samples, each taken hourly and shall be flow proportioned. The sampling period may include any 24 consecu- tive. hour period, not necessarily midnight to midnight. B. If unusual effluent conditions make the calculations by the peak or composite methods impossible or unrealistic, then by mutual agreement, another method of sampling and computation may be implemented. C. For the purposes of this schedule, determination of the existence and amount of biochemical oxygen demand shall be made by the Plant Superintendent or the City. 14.32.090. Bases of Extra-Stren~ Concentration. The concentrations of each of specified limits as measured during the sampling period shall be used to determine service charge for each pollutant through in Section 14.32..080. nth Service Charge - pollutant in excess representative the extra=strength ~ procedure defined 14.32..100. Bases of Extra-Strength Service. Charge - Volumes. If the entire. water supply contributing to industrial waste production is separated from the water supply for domes- tic sewage or waters not discharged to the sanitary sewer, the Extra-Strength Service Charge shall be based upon the metered volume of water used for the industrial waste separated from the domestic waste. If the industrial waste is not separately supplied or separately metered, then the Extra-Strength. Service charge shall be based upon either the metered volume of water used from public and/or private water supplies or the measured volume of total wastewater with appropriate allowances for the volume of domestic waste at permissible limits of strength, and allowance for other wastewater not discharged to the sewer.. The domestic waste allowance shall be based on a ratio of one "thousand gallons per .month for each twenty-seven (27) employees using the sanitary facilities. All measurement methods shall first be approved by the Plant Superintendent. 14.32,110: Extra-Strength Service Charge - Adjust- ments. The Plant Superintendent may check wastewater strength and recommend that extra-strength service charges be adjusted where applicable at any time in accordance with the most recent analysis. 14.32.120. Extra-Strength Service Charges - Ex- ceptions.. The Plant Superintendent may agree to accept waste- water which exceeds the limitations set forth in Section 14.08.060 provided that: A. Limitations established in compliance with promulgated Federal Categorical Pretreatment Standards under the Clean Water Act are not exceeded and, B. Adequate treatment capacity exists at the Plant for effectively treating the additional wastewater strength; and, C. The wastewater is being discharged to a sanitary sewer; and, Ordinance No. 1502 - 2'7 D. The Industrial User shall not relinquish responsi- bility for all other provisions of this Title, 14.32,130. Surcharge - Extra Cost. The City shall establish and collect a surcharge to the rates established in the Chapter in case of discharge from a premises of sewage of a nature to cause extra costs or deterioration.. In lieu of os in addition to such surcharge, the owner or operator of the premises may be required by the City to install and operate, at the expense of such owner or operator, pretreatment facilities of a type and size as recommended by the City's engineer. 14.32.140. Credit for "Off-Peak Hour°' Discharge. Favorable consideration will be given to the Industrial Users that. can discharge compatible pollutants during low flow periods of the night and on weekends. Case by case consid- eration will be given to those Industrial Users with decreased impact on the Plant. 14..32.150. pH Correction. Where pH correction is required, and automatic feeders for neutralizing agents are used, spikes or excursions outside the 5.5 or 9.5 range caused by overcorrection or system failure not to exceed 10 minutes° duration shall not be cause for rate increase provided other prohibited discharges did not occur simultaneously, 14.32.160. Interpretation and Conditions. A, It is unlawful for any person to make any false statement or report to the City as provided herein. B, A living unit for purposes of this chapter shall mean such room or rooms designed for and capable of being used for living accommodation of one or more persons as a single house- keepingunit or household. 14.32.70.. Additional Charge - Unmetered Property .. The City shall establish and collect a charge in addition to the aforementioned rates and charges in all where part or all of the wastewater discharged into the sanitary sewer system is from any source other than a meter on the City water dis- tribution system. Such additional charge shall be based upon the volume of water used from other sources. In lieu of such additional charge, the City may require the owner or operator of the premises to have installed, at such owner or operator's expense, a meter approved by City to measure the wastewater discharge from the premises. 14.32.180. Applicability of Service Charges. The service charges herein designated shall apply for each month or part thereof during which water service to .the premises is active, but shall not apply to any premises not connected to the sanitary sewer system. 14..32.190. Sewer Deposit. A deposit for a service charge shall not be required of any applicant who is the owner Ordinance No. 1502 - 2S of the property to be served. A deposit of ten dollars ($10.00) shall be required of all other applicants. Such deposit shall. be in addition to any water service deposit. 14.32..200. Sewer Deposit Refund. Any person desir- ing to discontinue the use of sewer service shall give notice, in writing, to the City Administrator of such intention. Any prepayment or deposit on account of such service over and above the amount owing shall be refunded by check or cash except when. such amount in combination with any pre-payment or deposit on account for water service which is an aggregate amount of one dollar or less, the refund shall be paid only by cash over the counter within (60) days. If such refund by check or cash is not claimed within sixty (60) days, it shall be returned to the utility fund account. 14.32.210. Sewage Disposal System Fund. All of the gross revenues from said rates and charges shall be placed in City accounts for payment of costs of operation, maintenance and extension of the sewer facilities of the City and the payment of principal and interest of the City sewer facility bonds. 14.32.220. Unpaid Accounts. Any unpaid charges for sewer service or charges for connecting service or reconnecting service shall become a lien upon the property so serviced in favor of the City, from and after the date of billing, as reflected by the City°s records, until paid. The dates of billing and the amounts of such unpaid charges shall be cer- tified to by the City and docketed in the City's lien docket prior to foreclosure, with notice of said lien to be sent by certified or registered mail, return receipt requested, to the last known address. of the person incurring the charges and the owners of any interests of record in the real property as shown in the records of the Jackson County assessor's office as of the date of the, filing ,of the lien in the City's lien docket. Said notice .shall advise the recipients thereof of their right to appear before the City Council at the next regularly scheduled council meeting to demonstrated against said lien; unless and until the City Council shall direct removal of said lien, or any part thereof, following said remonstrance, or until payment, said liens shall remain in full force and effect from and after the date docketed by the City. Such liens may be foreclosed in the manner provided for by ORS 223.610, or in any other manner provided by law or City ordinance. CHAPTER 14.36 VIOLATIONS, PENALTIES AND ENFORCEMENT 14.36.010. Violations. A. A violation shall have occurred when any requirement of this Title has not been met; when a written request of the Ordinance No. 1502 - 29 Plant Superintendent with a copy to the City made under the authority of this Title, is not met within the specified time; when a written request. of the Plant Superintendent, made under the authority of this Title, is not met within the specified time; when a condition of a permit or contract issued under the authority of this Title is not met. within the specified time; when effluent limitations are exceeded, regardless of intent or accident; or when false information has been provided by the discharge. B. Each day a violation occurs shall be considered as a separate violation. 14.36.020. Notice of Violation. Upon determination by the Plant Superintendent that a violation has occurred or is occurring, the Plant Superintendent shall issue a Notice of Violation to the Industrial User which outlines the violation and the potential liability as well as any proposed enforcement actions. The Notice may further request. correction of the violation within a specified period of time, or require written confirmation of the correction or efforts being made to correct the violation. by a specified date, or both. The Notice. shall be personally delivered to the Industrial User's premises or be sent by registered mail, return receipt requested. 14.36.030. Hearing Prior to Termination or Suspen- sion. Except in situations determined to be emergencies in accordance with Section 14.36.040, C. (2), any Notice of Violation which contains proposed enforcement actions consist- ing of termination or suspension, or both, shall include notice of an opportunity for an informal hearing before the Plant . Superintendent, which hearing shall not be less than. ten (10) days prior to the date set forth in the Notice for the taking of such enforcement action.. A City representative shall be invited to attend, 14.36..040. Failure to Correction Violation. A. In the event an Industrial User shall fail to correct any violation within the time specified by the Plant Superin- tendent, the Superintendent may initiate with authorization of the City appropriate civil or criminal proceedings for vio- lation of the Title in a court of competent jurisdiction. B. With or without the initiation of judicial proceed- ings, the Plant Superintendent, with authorization of the City, may terminate a discharge into the Regional Facilities or suspend such discharge for a specified length of time if: 1. the discharge presents or may present. an imminent substantial endangerment to the health o~ welfare of persons or the environment, or causes the interference with the operation of the Regional Facilities; or, 2. the permit to discharge into the Regional Facil- ities was obtained by misrepresentation of any material. fact or by lack of full disclosure. Ordinance No. 1502 - 30 C. Notice of termination or suspension shall be provided to the Industrial User prior to terminating or suspending the discharge. 1. In situations that are determined not to be emergencies, the Notice shall be in writing; shall contain the reasons for the termination or suspension; the effective date, and the name, address and telephone number of a contact personp and shall be personally delivered to the Industrial User's premises or mailed by certified mail, return receipt requested, thirty (3-0) days prior to the date specified for termination or suspension. 2. In situations that are determined to be emer- gencies by the Plant Superintendent the initial Notice may be verbal, written, or posted on the premises, and shall contain the information required in Section 14.36.040, C 1. a. If verbal or posted notice is given, it shall be delivered to the Authorized Repre- sentative of the Industrial User of the dis- charging facility and shall be followed within two (2) working days by written notice that is mailed or delivered to the business address of the Industrial User. The effective date of the termination or suspension in emergency situations may be immediately after verbal or written notice has been given as required in this paragraph. b. For the purposes of this Section, an emergency situation is defined as a situ- ation in which the opinion of the Plant Superintendent, action. must be taken as rapidly as possible in order to prevent or reduce a present or potential danger or hazard to .public health or equipment.. 14.36.050. Restoration of Service. Sewer service shall not be :restored until all charges, including the expense of removal, closing and restoration, shall have been paid or mutally agreed upon terms concluded and the cause for discon- tinuance of service. corrected. 14.36.060. Penalty. Any violation of any require- ment of this. Title, shall, upon conviction, be subject to punishment in accordance with the General Penalty ordinance of the City (Chapter 1.16 of the Central Point Municipal Code). Each day in which any such violation shall continue shall be deemed a separate offense. Fines collected shall go into the trust fund for operation and maintenance of the Plant. 14.36.080. Cost Recovery A. The Plant Superintendent or City may recover from Industrial User all reasonable costs of repairing damages to the damaged portion. of the Regional Facilities and of paying fines. or penalties which result from a discharge not in Ordinance No. 1502 - 31 compliance with this Title. Costs recovered will be appor- tioned in proportion to damages sustained by either party,. B. Notice of intent to recover shall be by letter to the Industrial User; sent certified or registered mail, return receipt requested, which states the specific violation(s), the damages and penalties sustained by the City, the costs of those damages and penalties, and the costs determined as attributable to the discharge and, therefore, billed to the Industrial User. C, The costs are due and payable to the aggrieved party by the Industrial User upon receipt of the letter,. D, Collection proceedings may be in any court of compe- tent jurisdiction, E. The Plant Superintendent with prior authorization from the City may terminate the discharge. for non-payment of costs that the Industrial User has been ordered to pay. 14.36.090, Operating Upsets. A. Any Industrial User which experiences an upset in operation which places the Industrial User in a temporary state of non-compliance with this Title or an Industrial Wastewater Discharge Permit issued pursuant to Chapter 14.16 shall inform the Plant Superintendent of the upset immediately and in no case more than within twenty-four (24) hours of the first awareness of it. Where such information is given orally, a written follow-up report shall be filed by the Industrial User with the Plant Superintendent within five (5) days. The report shall specify: 1, description of the upset, the cause thereof and the upset's impact on the Industrial User's compliance status. 2. duration of non-compliance, including exact dates and if the non-compliance continues, the time by which compliance is reasonably expected to occur. 3, all steps taken or to be taken to reduce, eliminate and prevent recurrence of, such ,an upset_or_other ___ _ . __ .. conditions. of non-compliance. CHAPTER 14.40 APPEAL 14.40.010. Appeals. Any Industrial User feeling himself aggrieved by any decision or action of the Plant Superintendent taken pursuant to this Title may appeal to the City Council. by filing written notice of appeal with the City Administrator with copy to the Plant Superintendent within forty-five (45) days following such decision. or action. Such notice of appeal shall set forth in reasonable detail the _ action or decision appealed from the appellant°s ground for reversal or modification thereof. Within twenty (20) days following the receipt of such notice, the City Administrator shall set a time for hearing upon such appeal which shall riot be less than ten (10) nor more than forty (40) days following such receipt. The action of the City Council upon such appeal shall be conclusive and binding upon the Industrial User and Ordinance No. ~~o~ - 32 Plant Superintendent, subject to appeal in the manner required by law. CHAPTER 14.44 UTILITY DISCOUNTS FOR SENIOR CITIZENS 14.44.010. Qualification for Discount. A senior citizen for purposes of obtaining a discount on utilities under this chapter must be a resident of the City and the head of a household therein, must be at least sixty-two (62) years of age or incapable of gainful employment as the result of a disabil- ity as determined by any public agency of the United States, the State or Jackson County, and must have income of less than six thousand one hundred seven dollars ($6,107.00) per year from all sources if single or a combined income of seven thousand three hundred seventy-nine dollars ($7,379.00} per year if married. 14.44.020. Application. Any person desiring to receive the utility discount must submit application. to the City on forms to be provided by the City. Subsequent to initial qualifications for utility discount, any person must reapply on or before June 15th of each year thereafter. The City Administrator shall determine whether any applicant. meets the qualifications and requirements for discount as set forth in this chapter. 14.44.030. Reimbursement to Renters. Any renter qualifying for the discount under this chapter may make a monthly claim to the City for direct reimbursement in amounts equal to the discount available to landowners as in this chapter provided.- Such claims for direct reimbursement shall be submitted on forms furnished by the City and accompanied by a statement by the landlord that rent for such senior citizen applicant has been paid,for the period and that. such rental payments have included all utilities for which the discount is allowable under this chapter. It is unlawful for ary landlord to refuse to furnish any senior citizens such statement upon request. No claims for refund shall be paid by the City for any rental payments incurred or paid more than. ninety days prior to the. submission of such claim to the City. 14.44.040. Amount of Discount. The amount of discount for senior citizens provided under this chapter shall be three dollars per month for sewer service and three dollars and fifty cents per month for water service. 14.44.050.. Unlawful Acts - Penalties. It is unlaw- ful for any person to make, assist in making or to derive the benefits from any false application for discounts provided under this chapter. In addition to other penalties provided by law, the City shall be entitled to .recover from any person or Ordinance No_ 1502- 33 persons receiving the benefit of discounts a s a result of any false statement made in any application the amount therefor, including interest at the rate of nine percent (9%) per year from the date such discounts were granted.. Section 3. Severability. If any provision, para- . graph, word, section or article of this Title is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, section, and chapters shall not be affected and shall continue in full .force and effect. Section 4. Conflict.. All other Ordinances and parts of other Ordinances inconsistent or conflicting with any part of this Title are hereby repealed to the extent of such incon- sistency or conflict. Passed by the Council and signed by me in authentica- tion of its passage this 15th day of September , 1983. .. '~ ~~ ,; .,~ Mayor r%, '~ ATTEST d ~, CityRepresen`tative~~ Approved by me this.. 16th day of September , 1983. --., Mayor.. ;' ~~r Ordinance No. 1502 - 34