HomeMy WebLinkAboutOrdinance 1618ORDINANCE NO. 1618
AN ORDINANCE REVISING THE CITY SANITARY SEWER
ORDINANCES RELATING TO PRETREATMENT, SERVICE CHARGES
AND DISCOUNTS
WHEREAS, the City of Central Point has entered into an
intergovernmental agreement relating to sanitary sewage
pretreatment requirements, which agreement requires uniformity
of ordinances relating thereto with those of other
participants, and
WHEREAS, the adoption of said uniform provisions requires
amendment of remaining ordinances provisions relating to
sanitary sewer charges and discounts, now, therefore,
THE PEOPLE OF THE CITY OF
CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION 1 - Chapter 14.16 of the Central Point Municipal Code
is hereby repealed.
SECTION 2 - Chapter 14.20 of the Central Point Municipal Code
is hereby repealed.
SECTION 3 - Chapter 14.24 of the Central Point Municipal Code
is hereby repealed.
SECTION 4 - Chapter 14.28 of the Central Point Municipal Code
is hereby repealed.
SECTION 5 - Section 14.32 of the Central Point Municipal Code
is hereby repealed.
SECTION 6 - Section 14.36 of the Central Point Municipal Code
is hereby repealed.
SECTION 7 - Section 14.40 of the Central Point Municipal Code
is hereby repealed.
SECTION 8 - Section 14.44 of the Central Point Municipal Code
is hereby repealed.
SECTION 9 - There is hereby added to the Municipal Code of
the City of Central Point, Oregon, Chapter 14.01, which is to
read as follows:
Chapter 14.01
GENERAL PROVISIONS, DEFINITIONS, AND ABBREVIATIONS
Sections•
14.01.005 General Provisions.
14.01.010 General.
14.01.020 Connection Approval Required.
14.01.030 Definitions of Terms Commonly Used.
14.01.040 Definition of Additional Terms.
14.01.050 Abbreviations
14.01.005 General Provisions.
The intent of this ordinance is to provide legal
authority in accordance with the requirements of 40 CFR 403.8
General Pretreatment Regulations. "The publicly owned
treatment works shall operate pursuant to legal authority
enforceable in Federal, State, or Local courts, which
authorizes or enables the publicly owned treatment works to
apply and to enforce the requirements of sections 307 (b) and
(c), and 402 (b)(8) of the Clean Water Act, as amended and any
regulations implementing those sections. Such authority may
be contained in a statute, ordinance, or series of contract or
joint powers agreements which the publicly owned treatment
works is authorized to enact, enter into, or implement, and
which are authorized by State law". Comply with State law, OAR
340-45-063.
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14.01.010 General.
(1) This ordinance sets forth uniform requirements for
direct and indirect contributors into the wastewater
treatment system. The objectives of this ordinance are:
(a) To prevent the introduction of any pollutants into
the wastewater treatment plant which will interfere with
or damage the operation of the treatment plant, or
contaminate the resulting sludge;
(b) To prevent the introduction of pollutants into the
wastewater treatment plant which will pass through the
treatment plant, inadequately treated, into the Rogue
River or its tributaries or the atmosphere or otherwise
be incompatible with the treatment plant operation;
(c) To improve the opportunity to recycle and reclaim
wastewaters and sludges from the treatment plant;
(d) To provide for equitable distribution of the cost of
the wastewater treatment system; and
(e) To provide for the efficient use of the wastewater
treatment system for the benefit of the user.
(2) This ordinance provides for the regulation of direct
and indirect contributors to the wastewater treatment system
through the issuance of permits to certain nondomestic users
and through enforcement of general requirements for all users,
authorizes monitoring and enforcement activities, requires
user reporting, and provides for the setting of fees for the
equitable distribution of costs.
(3) The Plant Superintendent shall initiate contact with
the jurisdictional participant regarding any restrictive
action within their jurisdiction prior to the action, except
in an emergency. In an emergency, contact shall be initiated
with the jurisdictional participant at the earliest practical
time.
14.01.020 Connection Approval Required.
No INDUSTRIAL WASTE connection shall be made to the sewer
system without prior approval of the Manager/Plant
Superintendent. All conditions allowing industrial waste
connection to the sewer system defined in the Industrial Waste
Discharge Permit shall be satisfied prior to system
connection. Jurisdictional participants shall assure that the
industrial User completes the application for sewer use permit
form and forwards same to the Plant Superintendent and Bear
Creek Valley Sanitary Authority.
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initions of '.
Unless the context specifically indicates otherwise, the
following terms and phrases when used in this Title shall have
the meanings hereinafter set forth in this section, whether
appearing in capital or lower case form.
(1) Act or "the Act". The Federal Water Pollution
Control Act, also known as the Clean Water Act, as
amended, 33 U.S.C. 1251, et. seq.
(2) Approval Authority. The Administrator of the Region
X EPA office and/or the Department of Environmental
Quality Director.
(3) Authorized Representative of Industrial User. A duly
authorized representative of the individual
industrial User responsible for the overall
operation of the facilities from which the indirect
discharge originates.
(4) 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 temperature of 20 degrees
Centigrade, expressed in milligrams per liter, or
parts per million by weight. Laboratory
determinations shall be made in accordance with
procedures set forth in Standard Methods.
(5) Combined Sewer or System. A conduit or system of
conduits in which both sewage and storm water are
transported.
(6) Commercial Building.
for any purpose other
an industrial user.
(7) Compatible Pollutant.
pollutant" shall mean
suspended solids, pH,
plus additional pollu
is designed to treat.
All buildings or premises used
than a dwelling unit, but not
The words "compatible
biochemical oxygen demand,
and fecal coliform bacteria,
=ants which the treatment plant
(8) Constituent. One of the functional elements into
which a waste material or substance may be divided.
Typical constituents referred to for example within
this document are cadmium, copper, cyanide, lead,
nickel, chromium, mercury, zinc, etc. The smaller
parts of which constitute a whole.
(9) Cooling Water. The water discharged from any use
such as air conditioning, cooling or refrigeration
or to which the only pollutant added is heat.
(10) Direct Discharge. The discharge of treated or
untreated wastewater directly to the waters of the
State of Oregon.
(11) Extra Strength Industrial Waste Discharae Extra
strength industrial waste discharge shall be defined
as industrial, commercial, or hospital industrial
wastes discharged into the sewer system containing a
total of more than 60 pounds of Biochemical oxygen
Demand, or suspended solids in any one day and
having an average strength in excess of 300 ppm of
Biochemical Oxygen Demand, or suspended solids.
(12) Garbage. Solid wastes originating from the
preparation, cooking and dispensing of foods, and
from the handling, storage, and sale of produce.
(13) Grab Sample. A sample which is taken from a waste
stream on a onetime basis with no regard to the flow
in the waste stream and without consideration of
time.
(14) Holding Tank Waste. Any waste which has been stored
in holding tanks, chemical toilets, campers,
trailers, septic tanks, and vacuum-pump tank trucks.
(15) Indirect Discharge. The discharge or the
introduction of nondomestic pollutants from any
source regulated under Section 307(b) or (c) of the
Act (33 U.S.C. 1317), into the Sewer System
(including holding tank waste discharged into the
system).
(16) Industrial User or "User". All sewer users which
discharge an industrial waste.
(17) Industrial Waste. Any liquid, solid, or gaseous
waste discharged into a sanitary sewer which by
characteristic, quantity, or constituent exceeds
normal domestic levels.
(18) Industrial Waste Discharae Permit. A permit to
discharge industrial wastes into the wastewater
collection and treatment system issued under the
authority of this ordinance and which prescribes
certain discharge requirements and limitations.
(19) Industrial Waste Pretreatment Program. The program
approved by the Department of Environmental Quality
regulated through the National Pollution Discharge
Elimination System Waste Discharge Permits, and
administered by the treatment plant for the purpose
of complying with Federal, State, and Local
regulations governing industrial waste discharge to
the wastewater treatment system.
(20) Interceptor. A sanitary sewer which receives the
flow from a number of trunk, main, or lateral sewers
and transports it to a treatment plant or other
point of disposal. Generally an interceptor
collects the flow from a number of trunks, mains, or
laterals which would otherwise discharge to a
natural outlet.
(21) Interference. The inhibition or disruption of the
sewer collection system, treatment processes or
operations, or which causes a violation of the
treatment plant's NPDES Permit and/or prevents
disposal of wastewater sludge in accordance with
applicable regulations for sludge disposal.
(22) Jurisdictional Participant. The participant that
has the legal jurisdiction within certain defined
boundaries as now or hereafter constituted.
(23) Lateral. A sanitary sewer which will receive the
flow from service connections and discharge into a
main, trunk, or interceptor.
(24) Local Limit. A technically based constituent limit
specific to the ability of the treatment plant to
treat the constituent so it does not upset or
inhibit the treatment process, pass through to the
Rogue River, or limit or inhibit the beneficial use
of sludge.
(25) Main. A sanitary sewer which will receive the flow
from one or more laterals and which will discharge
into a trunk or interceptor.
(26) Manager. The legal representative for the
jurisdictional participant.
(27) Manager/Plant Superintendent. This notation
indicates joint action by the Jurisdictional
Participant and the Plant Superintendent. Both will
be cosignatories to the action. The Manager is
considered the legal representative for the
jurisdictional participant. The Plant
Superintendent is the responsible authority in
administering the industrial waste pretreatment
program.
(28) "M~" is permissive.
(29) National Catectorical Pretreatment 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.
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30)
El
(NPDES) Permit. A permit issued by the Oregon
Department of Environmental Quality which prescribes
operating and effluent limitations relating to the
treatment of sewage.
(31) National Pretreatment Standard• Prohibitive
Discharge Standard. Any regulation developed under
the authority of 307(b) of the Act and 40 CFR,
Section 403.5.
(32) Participant. A governmental entity that is party to
the Regional Sewer Agreement dated September 1985,
and subsequent amendments, between the Bear Creek
Valley Sanitary Authority, City of Central Point,
City of Jacksonville, City of Medford, and the City
of Phoenix.
(33) Person. Any individual, partnership, firm, company,
trust, estate, governmental entity, or any other
legal entity, or their legal representatives, agents
or assigns. The masculine gender shall include the
feminine, the singular shall include the plural
where indicated by the context.
(34) Ham. 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).
(35) Plant Superintendent. The City of Medford WQCP
Superintendent 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 Water Quality Control Plant.
(36) Pollution. The man-made or man-induced alteration
of chemical, physical, biological, and radiological
integrity of water.
(37) Pretreatment or Treatment. The reduction of the
amount of pollutants, the elimination of pollutants,
or the alteration of the nature of pollutants, or
the alteration of the nature of pollutant properties
in wastewater to a less harmful state prior to or in
lieu of discharging or otherwise introducing such
pollutants into the Sewer System. The reduction or
alteration can be obtained by physical, chemical, or
biological process, or process changes by other
means, except intentional dilution as a partial or
complete substitute for adequate treatment is
prohibited.
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f38) Prohibited Pollutant. Any pollutant contained in
the discharge to the Sewer System which is
prohibited in its entirety or regulated by degree or
amount by this ordinance.
(39) Properly Shredded Garba e. Shall mean the wastes
from the preparation, cooking, and dispensing of
food that have been shredded to such degree that all
particles will be carried freely under the flow and
conditions normally prevailing in public sewers.
(40) Regional Committee. The Regional Committee is made
up of one representative of each participant that
collects and discharges wastewater to the treatment
plant. The primary function of this committee is to
review and approve the schedule of charges for
wastewater treatment, and to resolve appeals as
provided in Section 7.07, conduct informational and
fact-gathering hearings, both to and from users,
staff and the technical advisory group, and such
other duties as may be assigned under the terms of
this ordinance and the Regional Sewer Agreement,
dated September, 1985.
(41) Regional Facilities. The components of the sewer
system used to intercept and treat domestic and
industrial wastewater within the boundaries of the
contributors to the Water Quality Control Plant.
(42) 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.
(43) Sewer System. All components of the Sewer System
used to collect and treat domestic and industrial
wastewater within the boundaries of the contributors
to the Water Quality Control Plant.
(44) Sewer User. Every person using any part of the
Sewer System.
(45) "Shall" is mandatory.
(46) 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.
(47) SPCC. Spill Prevention, Containment and
Countermeasure plan as defined in 40 CFR Section
112.
(48) 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 the U.S.
(49) Storm Drain. A conduit designed or used exclusively
to transport storm water.
(50) Storm Water. Waters on the surface of the ground or
underground resulting from rainfall or other natural
precipitation.
(51) Suspended Solids or Total Nonfilterable Residue.
Solids that either float on the surface, or are in
suspension in water, sewage, or other liquids; and
which are removable by laboratory filtering in
accordance with procedures set forth in Standard
Methods.
(52) Technical Advisorv Group. The Technical Advisory
Group is comprised of the managers and
administrators, or other representatives, of the
Participants. The primary function of this
committee is to make recommendations to the Regional
Committee on the following matters: Technical
information, rates, system development charges, and
other matters requested by the Regional Committee.
(53) This Ordinance. Sections 1 to 8 inclusive.
(54) Toxic Pollutants. Non-compatible pollutants.
Substance listed on the priority pollutant list
prepared by the U.S. Environmental Protection Agency
and any other substance in which additional
information available indicates toxicity or
hazardous levels.
(55) Treatment Plant. The Vernon Thorpe Water Quality
Control Plant (WQCP) at 1100 Kirtland Road, Central
Point, operated by the City of Medford. The
wastewater treatment facility.
(56) Unpolluted Water or Liquids. Any water or liquid
containing none of the following: free or
emulsified grease or oil; acids or alkalis;
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. It shall meet the state
standards for water used for recreation. Analytical
determinations shall be made in accordance with
procedures set forth in Standard Methods and other
approved EPA methods.
(57) Upset. An exceptional incident in which a
discharger unintentionally and temporarily is in a
state of noncompliance with the discharge
requirements set forth in this ordinance or existing
permit due to factors beyond the reasonable control
of the discharger, and excluding noncompliance
caused by operation error, improperly designed
treatment facilities, inadequate treatment
facilities, lack of preventive maintenance, or
careless or improper operation.
(58) 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 WQCP.
(59) Wastewater Treatment System. The components of the
sewer system used to intercept and treat domestic
and industrial wastewater within the boundaries of
the contributors to, and including, the treatment
plant.
(60) Water Quality Control Plant (WQCP). See "Treatment
Plant".
14.01.040 Definition of Additional Terms.
Words, terms, or expressions peculiar to the art or
science of sewerage not herein above 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.
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14.01.050 Abbreviations.
The following abbreviations shall have the designated
meanings:
. BOD - Biochemical Oxygen Demand
. CFR - Code of Federal Regulations
. COD - Chemical Oxygen Demand
. DEQ - Oregon Department of Environmental Quality
. EPA - Environmental Protection Agency
. 1 - Liter
. mg - Milligrams
. mg/1 - Milligrams per Liter
. NPDES - National Pollutant Discharge Elimination
System
. OAR - Oregon Administrative Rules
. 0&M - Operation and Maintenance
. SIC - Standard Industrial Classification
. SWDA - Solid Waste Disposal Act, 42 U.S.C. 6901,
et. seq.
. USC - United States Code
. WQCP - Water Quality Control Plant
. TSS - Total Suspended Solids
SECTION 10 - There is hereby added to the Municipal Code of
the City of Central Point, Oregon, Chapter 14.02, which is to
read as follows:
Chapter 14.02
PROHIBITIVE DISCHARGE
Sections•
14.02.010 Sanitary Sewer/Storm Drain.
14.02.020 Prohibitions and Limitations.
14.02.030 Additional Limitations.
14.02.040 Technically Based Local Limits.
14.02.050 Denial, Termination, or Limitation of
Discharge.
14.02.060 National Categorical Pretreatment Standards.
14.02.070 Modification of National Categorical
Pretreatment Standards.
14.02.080 Discharges in Excess of Limitations.
14.02.090 Excessive Discharge.
14.02.100 Season Operation Notification.
14.02.010 Sanitary Sewer/Storm Drain.
It is unlawful to discharge, permit the discharge, or
permit or allow a connection which will result in the
discharge of sewage 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 storm drainage, surface drainage, subsurface
drainage, groundwater, roof water, or uncontaminated water
used for refrigerating or cooling purposes or steam
condensation into a sanitary sewer.
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14.02.020 Prohibitions and Limitations.
Except as hereinafter provided, no person shall discharge
the following substances into the sanitary sewers:
(1) Any pollutant introduced by a nondomestic source
which may pass through the treatment plant inadequately
treated or which may interfere with the operation or
performance of the treatment plant.
(2) Any flammable or explosive liquid, solids, or gas
which may, by themselves or by interaction with other
substances, cause fire or explosion resulting in injury
to persons, property, or the operation of the sewer
system. At no time, shall two successive readings on an
explosion hazard meter, at the point of discharge into
the system (or at any point in the system) be more than
five percent (50) nor any single reading over ten percent
(l00) of the Lower Explosive Limit (LEL) of the meter.
Prohibited materials include, but are not limited to,
gasoline, kerosene, naphtha, benzene, toluene, exylene,
ethers, alcohols, ketones, aldehydes, peroxides,
chlorates, perchlorates, bromates, carbides, hydrides and
sulfides and any other substance which the Plant
Superintendent, Manager, the State, or EPA has notified
the User is a fire hazard or hazard to the system.
(3) Any wastes, waste waters 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 sewer system.
This includes, but is not limited to, battery or plating
acids and wastes, copper sulfate, chromium salts and
compounds, or salt brine. 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 penalty
provided other prohibited discharges did not occur
simultaneously. In no case shall discharges with pH
lower than 5.0 be allowed.
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(4) Solid or viscous substances which may cause
obstruction to the flow in a sewer or other interference
with the operation of the wastewater treatment 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, charcoal, cinders, sand, spent lime,
stone or marble dust, metal, glass, straw, shavings,
grass clippings, rags, spent grains, spent hops, waste
paper, wood, wood fiber, plastics, gas, tar, asphalt
residues, residues from refining, or processing 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.
(5) Any wastewater containing toxic pollutants in
sufficient quantity, either singly or by interaction with
other pollutants, to injure or interfere with any
wastewater treatment process; to interfere with the use
of or disposal of treatment plant sludge; to constitute a
hazard to humans or animals; to create a toxic effect in
the receiving waters of the Sewer System; to exceed the
limitation set forth in a National Categorical
Pretreatment Standard; or to exceed the local limit
established by the Plant Superintendent.
(6) Any pollutant, including oxygen demanding pollutants
released in a discharge at a flow rate and/or pollution
concentration constituting a slug load, which may cause
interference with the treatment plant.
(7) Any amount of heat which will inhibit biological
activity at the treatment plant resulting in
interference. Any liquid or vapor having a temperature
higher than one hundred and fifty (150) degrees
Fahrenheit, sixty five (65) degrees Celsius, in no case
heat in such quantities that the temperature at the
treatment plant would exceed one hundred and four (104)
degrees Fahrenheit, forty (40) degrees Celsius, and in no
case heat in such quantities that would allow any
measurable increase outside of the assigned mixing zone
established in the treatment plant's NPDES permit.
(8) Any noxious or malodorous liquids, gases, or solids
which either singly or by interaction with other wastes
are sufficient to prevent entry into the sewers for
maintenance and repair.
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(9) Any water or waste which contains in excess of one
hundred (100) milligrams per liter or a lesser amount as
fixed by the Plant Superintendent for fat, wax, oil or
grease, whether or not emulsified, ether-soluble or
n-hexane soluble matter or any substance which may
solidify or become discernibly viscous at temperatures
above zero (0) degrees Celsius, thirty two (32) degrees
Fahrenheit, and in no case waters or wastes which contain
in excess of twenty-five (25) milligrams per liter
concentrations of petroleum as measured by methods set
forth in the most recent edition of Standard Methods.
14.02.030 Additional Limitations.
No person shall discharge or cause to be discharged the
following described substances, materials, waters, or wastes
if the Plant Superintendent or Manager determines that such
wastes can harm either the sewers, 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 determining the acceptability of
these wastes, consideration will be given to such factors as
the quantities of subject wastes in relation to flows and
velocities in the sewers, materials of construction of the
sewers, nature of the wastewater treatment process, capacity
of the wastewater treatment plant, degree of treatability of
wastes in the wastewater treatment plant, and other pertinent
factors. Upon determination by the Plant Superintendent or
Manager that a discharge of unacceptable wastes has occurred
or is occurring, the Plant Superintendent or Manager shall,
except in an emergency notify the discharger in writing that
the wastes are not acceptable. The notification shall contain
a specified time period for correction. In an emergency,
notice may be given orally, but shall be confirmed in writing
at the earliest practical time. The substances prohibited
are:
(1) Large quantities of shredded garbage or garbage that has
not been properly shredded. 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.
(2) Any waters or wastes as discharged to the public sewer
containing cadmium, chromium, copper, lead, nickel, zinc, and
similar objectionable or toxic substances exceeding local
limit concentrations established by the Plant Superintendent
or such other limits as may be established in applicable State
or Federal regulations.
(3) Any waters or wastes containing phenols or other taste or
odor producing substances in concentrations exceeding the
requirements established in this ordinance or other
requirements of the State, Federal, or public agencies of
jurisdiction for such discharge to the receiving waters.
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(4) Any radioactive wastes or isotopes of such half life or
concentration as may exceed limits established in compliance
with applicable State or Federal regulations.
(5) Materials which exert or cause:
(a.) 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).
(b.) Excessive discoloration (such as, but not limited
to, dye wastes and vegetable tanning solutions).
(c.) Unusual chlorine requirements in such quantities as
to constitute a significant load on the treatment plant.
(6) Any waters or wastes containing a total of sixty (60) or
more pounds of either suspended solids or BOD in any one day.
(7) Any waters or wastes containing sludges from tank bottom
contents, industrial sump bottom contents, grease or oil trap
wastes or sludges, plating or metal finishing wastes and
sludges, digested sewage sludges, or the contents from
chemical toilets, toilet vault wastes, or holding tanks.
(8) Any waters or wastes containing substances which are not
amenable to treatment or reduction by the sewage treatment
processes employed, or are amenable to treatment only to such
degree that the sewage treatment plant effluent cannot meet
the requirements of other agencies having jurisdiction over
discharge to the receiving waters.
14.02.040 Technically Based Local Limits
(1) The Plant Superintendent may adopt a rule
establishing local limits of industrial discharge for the
constituents cadmium, copper, lead, nickel, and zinc; or
other constituents the Plant Superintendent determines
may interfere with or upset the wastewater treatment
system, pass through to the Rogue River, or inhibit the
beneficial use of sludge; and other constituents as
directed by the EPA and DEQ.
(2) The local limit shall have precedence if it is less
than the National Categorical Pretreatment Standard for the
industrial user, and shall be enforced as the standard at the
point of discharge to the Sewer System.
(3) The local limit shall be
Industrial Waste Discharge Permit
discharging the constituent.
identified in the
of the industrial user
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(4) Local limits shall be established in accordance with
DEQ methodology and include:
(a.) A survey of industrial users discharging the
constituent.
(b.) A determination of the character and volume of the
constituent from industrial, residential, and background
sources.
(c.) A determination of the maximum concentration of the
constituent that will not inhibit the biological
wastewater treatment processes; will not exceed the water
quality standards of the Rogue River; or will not prevent
sludge from being used beneficially.
(d.) A determination of the removal efficiency of the
constituent in each major unit process of the treatment
plant.
(e.) A determination of the maximum allowable
concentration and loading of the constituent in the
treatment plant influent.
(5) Prior to the initial establishment of a local limit
for any constituent and prior to the adjustment of any
existing local limit for any constituent, the Plant
Superintendent shall review the proposed local limit with the
Technical Advisory Group. Prior to the adoption of a local
limit for any constituent, the Plant Superintendent shall give
21 days notice by mail of the intended action:
(a.) To each of the Jurisdictional Participants; and
(b.) To persons who have requested notice.
(6) The notice required by subsection (5) of this
section shall state the subject matter and purpose of the
intended action, the numerical limits that are proposed for
adoption, and the time, place and manner in which interested
persons may present their views on the intended action.
(7) The Plant Superintendent shall make available for
public inspection copies of the principal documents, reports,
studies and/or worksheets used in determining the local
limits. These documents shall be maintained on file as long
as the limit is in effect and for at least three years after
the limit has changed.
(8) After the comment period has expired, the Plant
Superintendent may adopt the proposed limit(s). However, the
new limits may not go into effect less than seven days after
notice of their adoption is mailed to all persons entitled to
notice under subsection (5) of this section.
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(9) The Plant Superintendent shall consider allowances
for safety and future industrial growth in determining the
local limits. As soon as the allowance for future industrial
growth reaches a level of 75 percent of the maximum allowable
loading of any constituent to the wastewater treatment plant,
the Plant Superintendent shall do the following:
(a) Notify the Regional Committee in writing.
(b) Develop strategies to alleviate future restrictions.
The strategies shall provide safeguards against
potential treatment plant interference. The
Regional Committee shall be notified of the
strategies upon development.
(c) Notify the Regional Committee of any industrial
waste discharge permit issuance or modification that
would increase any constituent level in excess of
the 75 percent maximum allowable loading.
(d) Notify the Regional Committee of significant changes
in the percentage levels of constituents above the
75 percent maximum allowable loading.
(e) Notification of the Regional Committee shall be in
writing at the earliest practical time.
14.02.050 Denial Termination or Limitation of Discharae
The Plant Superintendent or Manager may deny, condition,
or terminate the discharge of industrial wastes to the sewer
system where such discharges do not meet the requirements of
this ordinance or other applicable pretreatment standards.
Notwithstanding prior acceptance of industrial wastes
into the treatment plant, if the Plant Superintendent or
Manager finds that an industrial waste from a particular
commercial or industrial occupancy or a class of wastes from
similar commercial or industrial occupancies constitute a
nuisance or may create a hazard to the collection system or
treatment plant or receiving waters, then the Plant
Superintendent or Manager may limit the characteristics or
volume of such wastes, or may terminate the acceptance, or may
deny acceptance. Notice of the limitation, termination, or
denial, shall be given to the sewer user in the manner as in a
notice of violation. It is unlawful for any person to
discharge or permit the discharge of industrial wastes in
violation of this notice.
14.02.060 National Cateaorical Pretreatment Standards
Upon the promulgation of the National Categorical
Pretreatment Standards for a particular industrial
subcategory, the Federal Standard, if more stringent than
limitations imposed under this ordinance for sources in that
subcategory, shall immediately supersede the limitations
imposed under this ordinance. The Plant Superintendent shall
notify all affected Users of the applicable reporting
requirements under 40 CFR, Section 403.12.
16
14.02.070
tional Cateaorical
Where the wastewater treatment system achieves consistent
removal of pollutants limited by National Categorical
Pretreatment Standards, the Plant Superintendent may apply to
the DEQ for modification of specific limits in the National
Categorical Pretreatment Standards. "Consistent Removal" shall
mean reduction in the amount of pollutant or alteration of the
nature of the 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 Pretreatment Regulations for Existing and
New Sources of Pollution" promulgated pursuant to the Act.
The Plant Superintendent may then modify pollutant discharge
limits in the National 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.
14.02.080 Discharges in Excess of Limitations.
The Plant superintendent may agree to accept industrial
wastewater which exceeds the limitations set forth in this
ordinance provided that:
(a) Limitations established in compliance with
promulgated National Categorical Pretreatment
Standards and/or National Pretreatment Standards are
not exceeded; and,
(b) Adequate treatment capacity exists at the treatment
plant for effectively treating the additional waste
strength; and,
(c) The wastewater is being discharged to a sanitary
sewer; and,
(d) The User shall not relinquish responsibility for all
other provisions of this ordinance.
14.02.090 Excessive Discharge.
No 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
National Categorical Pretreatment Standards, or in any other
pollutant limitation developed by this ordinance or the 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.
17
14.02.100 Season Operation Notification.
(1) Any User discharging more than 10,000 gallons per
day shall notify the Plant Superintendent and the
jurisdictional participant at least seven (7) days prior to
commencing discharge to the sewer if the User has not been
discharging wastewater at industrial rates for a thirty (30)
day period prior to restarting. Notification seven (7) days
prior to the first discharge allows the treatment 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.
(2) Any User discharging more than 10,000 gallons per
day in a seasonal operation shall notify the Plant
Superintendent and the jurisdictional participant at least
seven (7) days in advance of a shut down anticipated to be
thirty (30) days or greater in duration.
SECTION 11 - There is hereby added to the Municipal Code of
the City of Central Point, Oregon, Chapter 14.03, which is to
read as follows:
Chapter 14.03
ACCIDENTAL DISCHARGE PROVISIONS
Sections•
14.03.010 Accidental Discharges.
14.03.010 Accidental Discharaes.
Each User shall provide protection from accidental
discharge of prohibited materials or other substances
regulated by this ordinance. Facilities, equipment,
materials, etc., to prevent accidental discharge of prohibited
materials shall be provided and maintained at the owner or
User's own cost and expense.
Industrial Users having a history of, or possessing the
potential for accidental discharges or spills that could upset
the treatment plant or cause a violation of the treatment
plant's NPDES Permit shall implement an effective accidental
spill and prevention program. A spill prevention plan shall
be submitted to the Plant Superintendent within ninety (90)
days of notification of requirement by the Plant
Superintendent. Any User who commences contribution to the
Plant after the effective date of this ordinance shall not be
permitted to introduce pollutants into the system until
accidental discharge procedures have been submitted and
approved by the Plant Superintendent. Review and approval of
such plans and operating procedures shall not relieve the User
from the responsibility to modify the User's facility as
necessary to meet the requirements of this ordinance.
18
"" The plan shall include at least the following elements
and shall be available for inspection at the facility during
normal business hours.
(a) A description of the potential points of entry into
the sewer system;
(b) A description of the measures to be taken to prevent
entry at the described points before a spill occurs;
(c) Measures to be taken in the event of a spill of
prohibited or restricted materials to contain them;
r (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.
In the case of an accidental discharge, it is the
responsibility of the 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 corrective actions. Failure to
comply shall cause the User to be in violation of this
ordinance.
(1) Notice to Employees. A notice shall be permanently
posted on the User's bulletin board or other prominent place
advising employees to notify the industrial User's Authorized
Representative of an upset or accidental discharge. Employers
shall insure that all employees who may cause or allow such a
dangerous discharge to occur are advised of the emergency
notification procedure.
(2) Written Notice. Within five (5) days following an
accidental discharge, the 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 User to
prevent similar future occurrences. Such notification shall
not relieve the User of any expense, loss, damage, or other
liability which may be incurred as a result of damage to the
collection system or treatment plant, fish kills, or any other
damage to person or property; nor shall such notification
relieve the User of any fines, penalties, or other liability
which may be imposed by this ordinance or other applicable
law.
19
(3) Preventive Measures. Direct or indirect connections or
entry points which could allow spills or uncontrolled
discharges of prohibited or restricted substances to enter the
sewer system shall be eliminated, labeled, or controlled so as
to prevent the entry of wastes in violation of this ordinance.
The Manager/Plant Superintendent may require the industrial
User to install or modify equipment or make other changes
necessary to prevent such discharges as a condition of
issuance of an Industrial Waste Discharge Permit or as a
condition of continued discharge into the 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.
Violation of the schedule without an extension of time is a
violation of this ordinance.
(4) Spill Prevention Provisions. No User shall include
discharge to the sanitary sewer as a part of a contingency
plan required by other Federal or State regulation, 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 followed.
(5) Operating Upsets. Any User which experienced an upset in
operation which places the User in a temporary state of
noncompliance with this ordinance or an Industrial Wastewater
Discharge Permit issued pursuant to this ordinance 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
discharger with the Plant Superintendent within five days.
The report shall specify:
(a) Description of the upset, the cause thereof and the
upset's impact on the User's compliance status.
,, (b) Duration of noncompliance, including exact dates and
times of noncompliance, and if the noncompliance
continues, the time by which compliance is reasonably
expected to occur.
(c) All steps taken or to be taken to reduce, eliminate,
and prevent recurrence of such an upset or other
conditions of noncompliance. A documented and verified
operating upset shall be an affirmative defense to any
enforcement action brought by the Manager/Plant
Superintendent against the discharger for any
noncompliance with this ordinance or any Industrial
Wastewater Discharge Permit issued pursuant to this
ordinance arising out of violations caused by the upset
if the upset was reported in accordance with this
section. The User shall have the burden of proving that
the violation was caused by an upset and that the upset
was reported in accordance with this section.
20
SECTION 12 - Chapter 14.04 of the Central Point Municipal
Code is amended to read as follows:
Chapter 14.04
PERMITS
Sections•
14.04.010 Permit Authority.
14.04.020 Requirement for a Permit.
14.04.030 Existing Users.
14.04.040 Application for an Industrial Waste Discharge
Permit.
14.04.050 Permit Information Details.
14.04.060 Issuance of Industrial Waste Discharge
Permits.
14.04.070 Modification of Permits.
14.04.080 Permit Transfer.
14.04.010 Permit Authority.
The Plant Superintendent shall establish Industrial Waste
Discharge Permit limitations to the extent necessary to comply
with the General Pretreatment Requirements including current
National Categorical Pretreatment Standards and waste
discharge requirements as promulgated by the U.S.
Environmental Protection Agency and the Oregon State
Department of Environmental Quality; to protect the public
health and safety; to protect the receiving water quality; to
protect the sewer system; and to comply with all other
applicable Federal and State laws.
Existing and future pretreatment standards for existing
and new sources promulgated by the Environmental Protection
Agency under the authority of the Clean Water Act 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.
It is unlawful to discharge into the sewer system
concentrations of materials in excess of the amounts specified
in this ordinance unless the discharger has an effective
Industrial Waste Discharge Permit which establishes a
different limitation for a specific pollutant.
It is unlawful for a discharger who has an effective
Industrial Waste Discharge Permit to discharge wastes to the
sewer system in excess of the limitations established in the
permit.
21
14.04.020 Requirement for a Permit.
Except as provided below regarding existing users, an
industrial waste discharger shall have an Industrial Waste
Discharge Permit prior to discharging into the sewer system
if:
(a) the discharge is subject to Federally adopted
National Categorical Pretreatment Standards; or,
(b) the discharge contains toxic pollutants; or,
(c) the discharge has a nondomestic flow of 25,000
gallons or more per average work day; or,
(d) the discharge contributes more than 5
average dry weather hydraulic, organic, or
handling load to the treatment plant; or,
(e) the discharge exceeds normal domestic
include, but are not limited to, the follo~
(1) discharges containing either 60
suspended solids or BOD per day; or
percent of the
solids
levels and may
wing:
pounds of
(2) discharges containing pollutants that have the
potential for significant impact to adversely affect
the wastewater treatment plant by either upset,
inhibition, pass through of pollutants, sludge
contamination or other means; 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 Users.
14.04.030 Existing Users.
Existing Users that are discharging to the sewer system
without an Industrial Waste Discharge Permit may be required
to apply for such permit. The determination for requirement
shall be made by the Plant Superintendent in accordance with
the requirements established in this ordinance. The user
shall be notified in writing of the requirement for a permit
and shall be allowed to continue discharging into the sewer
system until a permit is issued or denied provided that the
characteristics and concentrations of wastes discharged are
not in excess of the amounts established in this ordinance.
Discharges allowed under these conditions shall meet all other
applicable requirements of this ordinance.
A completed application for an Industrial Waste Discharge
Permit shall be submitted to the Plant Superintendent within
ninety (90) days after permit requirement notification was
received.
22
lication for an
Application for an Industrial Waste Discharge Permit
shall be made to the Plant Superintendent on forms provided by
the WQCP. 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.
Completed applications shall be submitted to the Plant
Superintendent within ninety (90) days prior to the date the
discharge is to begin.
Contents of the permit application shall be subject to
the confidentiality conditions of this ordinance, (See Section
6:06).
14.04.050 Permit Information Details.
An applicant for an Industrial Waste Discharge permit
shall be required to provide the following pertinent
information:
(a.) Name, address, and location (if different from
address); the legal name and owners name, if different;
as well as the officer entitled to sign documents on
behalf of the business.
(b.) List of all environmental control permits held by or
for the business.
(c.) Brief description of the nature, average production
rate, and SIC Code for each of the process operations
conducted. Including the identification of applicable
pretreatment standards.
(d.) Provide a schematic process diagram indicating the
flow of materials and water from start to completed
product for each unit process generating wastewater.
Include points of discharge from each process to the
sewer system.
(e.) Provide average daily wastewater flow rates
including any routine and seasonal variations.
(f.) List toxic substances or constituents that
potentially could be present in the wastewater discharge.
Include substances that could enter due to accidental
spill or discharge.
(g.) Provide flow measurement information for process
streams regulated by pretreatment standards. Include
flow information for other wastestreams that might be
considered dilute wastestreams.
23
(h.) Provide statement of certification concerning
compliance or noncompliance with applicable pretreatment
standards. Measurements of pollutant concentrations to
verify compliance if required must be representative of
daily operations and include reported values for daily
maximum and average concentration (or mass, where
required).
(i.) Any other information as may be deemed by the Plant
Superintendent to be necessary to evaluate the permit
application.
14.04.060 Issuance of Industrial Waste Discharae Permits
The Plant Superintendent shall evaluate the data
furnished by the User in the industrial waste discharge permit
application and may require the User to provide additional
information. After evaluation and acceptance of the data
furnished, the Plant Superintendent may issue or deny an
Industrial Waste Discharge Permit subject to terms and
conditions provided in this ordinance. Copies of all permits
shall be sent to the Manager.
(a} General Conditions.
(1) Industrial Waste Discharge Permits shall be issued
or denied by the Plant Superintendent within ninety (90) days
after a completed application is received.
(2) Industrial Waste Discharge Permits shall contain
conditions which meet the requirements of this ordinance as
well as those of applicable State and Federal laws and
regulations.
(3) If pretreatment facilities are needed to meet the
discharge requirements in the discharge permit, the permit
shall require the installation of such facilities.
(4) Whenever a discharge permit requires installation or
modification of treatment facilities or a process change
necessary to meet discharge standards or spill control
requirements, a compliance schedule shall be included which
establishes the date for completion of the changes and any
appropriate interim dates. Interim dates for the commencement
and completion of major events shall be no more than ninety
(90) days apart.
(5) Discharge permits shall expire no later than five
(5) years after the effective date of the permit.
(6) The Plant Superintendent may deny approval to issue
a discharge permit if the discharge will result in violations
of Local, State, or Federal laws or regulations; will overload
or cause damage to any portion of the Treatment Plant; or will
create an imminent or potential hazard to personnel.
24
(b) Specific Permit Conditions
Industrial Waste Discharge Permits shall be expressly
subject to all provisions of this ordinance and all other
applicable regulations, User charges, and fees adopted by the
participants. Permits may contain the following:
(1) The unit charge or schedule of User charges and fees
for the wastewater to be discharged to a sewer;
(2) Limits on the average and maximum wastewater
constituents and characteristics in accordance with the
requirements established in this ordinance.
(3) Limits on average and maximum rate and time of
discharge or requirements for flow regulations and
equalization consistent with the capacity of the collection
and treatment system;
(4) Requirements for installation and maintenance of
pretreatment facilities, flow measurement devices, inspection
and sampling facilities;
(5) Specifications for monitoring programs which may
include sampling locations, frequency of sampling, number,
types and standards for tests and reporting schedule;
(6) Progress reports and compliance schedules;
(7) Requirements for submission of technical reports or
discharge reports either required by provisions of the
National Categorical Pretreatment Standards or to support
monitoring requirements of the Pretreatment Program;
(8) Requirements for maintaining and retaining plant
records relating to wastewater discharge and affording
authorized representatives access thereto;
(9) Requirements for notification of the Plant
Superintendent of the introduction of new wastewater
constituents being introduced into the wastewater treatment
system, and or an increase in the volume or character by
fifteen (15) percent or more of the wastewater constituents
being discharged;
(10) Requirements for notification of slug discharges;
(11) Other. conditions as deemed appropriate to ensure
compliance with this ordinance.
14.04.070 Modification of Permits
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.
Copies of all permit modifications shall be sent to the
Manager.
25
(1) Permittee modification requests shall be submitted
to the Plant Superintendent 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.
The Plant Superintendent may deny a request for
modification if the change will result in violations of
Federal, State, or Local 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.
(2) 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
prior to its effective date and informed of the reasons for
the changes.
(3) A modification to the permittee's discharge permit
must be issued before any significant increase is made in the
volume or level of pollutants in an existing permitted
discharge to the sewer system.
(4) Changes in the discharge involving the introduction
of waste stream or streams not previously included in the
Industrial Waste Discharge Permit application or involving the
addition of new pollutants shall be considered as new
discharge, requiring submission of a new permit application.
14.04.080 Permit Transfer.
Industrial Waste Discharge Permits are issued to a
specific User for a specific operation. A wastewater
discharge permit shall not be reassigned or transferred or
sold to a new owner, new 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 approval shall be completed in at least
thirty (30) days. Certification by the new owner or new User
that no significant changes in operation have occurred may be
required. If modifications are made in the operation, or if a
new use of the premises is planned by the new User, a permit
modification is required.
SECTION 13 - There is hereby added to the Municipal Code of
the City of Central Point, Oregon, Chapter 14.05, which is to
read as follows:
26
Chapter 14.05
_P_RETREATMENT, FLOW MEASUREMENT AND SAMPLING FACILITIES
SPCtinnc•
14.05.010 General.
14.05.020 Pretreatment Facilities.
14.05.030 Flow Measurement and Sampling Facilities.
14.05.040 Sampling Manhole.
14.05.050 Grease Traps and Other Pretreatment.
14.05.010 General.
Any requirement contained in this section may be
incorporated as part of an Industrial Waste Discharge Permit
and made a condition of issuance of such permit; may be
required as part of a permit modification; or made a condition
of the acceptance of the waste from a facility. Progress
reports and compliance schedules shall be provided in
accordance with the requirements established in this
ordinance.
14.05.020 Pretreatment Facilities
(1) If treatment facilities, operation changes, or
process modifications at an industrial discharger's facility
are needed to comply with any requirements of this ordinance
or are necessary to meet any applicable State or Federal
requirements, the Manager/Plant Superintendent may require
that such facilities be constructed or modifications or
changes be made within a specified time period, taking into
consideration construction time, impact of the untreated waste
on the sewer system, economic impact on the facility, impact
of the waste on the marketability of the treatment plant
sludge, and any other appropriate factor.
(2) Any facilities required to pretreat wastewater to a
level acceptable to the Plant Superintendent shall be
provided, operated, and maintained at the User's expense.
Detailed plans prepared by a qualified professional engineer
showing the pretreatment facilities, operating procedures,
and/or process modifications, 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 User from the
responsibility of modifying the facility as necessary to
produce an acceptable effluent under the provisions of the
ordinance. Any subsequent changes in the pretreatment
facilities or method of operation shall be reported to and be
acceptable to the Plant Superintendent prior to the User's
initiation of the changes.
27
14.05.030 Flow Measurement and Sampling Facilities
If so directed by the Plant Superintendent or Manager,
flow measurement, sampling devices, access facilities, and
related equipment shall be installed by the User discharging
the waste, 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 requesting authority
during periods of industrial activity of any type.
The flow measurement and sampling station shall be
located and constructed in a manner acceptable to the
requesting authority. Complete plans on all phases of the
proposed installation including all equipment proposed for
use, shall be submitted to the Plant Superintendent for
approval prior to construction.
14.05.040 Sampling Manhole
The Manager/Plant Superintendent may require a discharger
to install and maintain at the discharger's expense a suitable
manhole in the discharger's branch sewer to allow observation,
sampling and measurement of all industrial wastes being
discharged into the sewer system. It shall be constructed in
accordance with plans approved by the Plant Superintendent 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.
14.05.050 Grease Traps and Other Pretreatment
Grease, oil, and sand traps shall be provided, operated,
and maintained when, in the opinion of the Plant
Superintendent or Manager, they are necessary for the proper
handling of liquid wastes 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 requesting authority
and shall be located as to be readily accessible for cleaning
and inspection.
SECTION 14 - There is hereby added to the Municipal Code of
the City of Central Point, Oregon, Chapter 14.06, which is to
read as follows:
Chapter 14.06
MONITORING INSPECTION AND REPORTING
Sections-
14.06.010 General.
14.06.020 Waste Sampling and Monitoring.
14.06.030 Wastewater Discharge Examination.
14.06.040 Analyses.
14.06.050 Reporting Requirements.
14.06.060 Records Retention and Confidentiality.
28
14.06.010 General
The Plant Superintendent has the authority to carry out
all inspection, surveillance, and monitoring procedures
necessary to determine compliance or noncompliance with
applicable pretreatment standards and requirements.
14.06.020 Waste Sampling and Monitoring
(1) Wastes discharged into the public sewers shall be
subject to periodic inspection and a determination of
character and concentration. For wastes discharged by Users
with an effective Industrial Waste Discharge Permit the
determinations shall be made at least annually with the option
for more frequent intervals if any constituent potentially
exceeds any limit established by this ordinance. Sampling
shall be carried out by customarily accepted methods to
reflect the effect of constituents upon the treatment plant
and to determine the existence of hazardous conditions defined
elsewhere in this ordinance.
Samples of wastewater being discharged into the sewer
system shall be representative of the discharge and shall be
taken after treatment. The sampling method shall be one
approved by the Plant Superintendent and done in accordance
with good engineering practice.
Samples that are taken by the authority of the Plant
Superintendent for the purposes of determining compliance with
the requirements of this ordinance shall be split with the
discharger (or a duplicate sample provided in the instance of
fats, oils, and greases) if requested by the User before or at
the time of sampling.
(2) The Manager/Plant Superintendent may require waste
sampling and monitoring by the User at the User's expense if
information and/or data is needed to determine compliance with
pretreatment standards, determine the treatability of the
waste, establish a sewer rate charge, or determine any other
factor which is related to the operation and maintenance of
the sewer system. The frequency of the monitoring shall be
determined by the Plant Superintendent.
14.06.030 Wastewater Discharge Examination
The discharger shall allow authorized representatives to
enter upon the premises of the discharger at all hours when
wastewater is being produced or discharged for the purpose of
inspection, sampling, or records examination. They shall also
have the right to set up on the discharger'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,
measuring, treating, transporting or otherwise handling
wastes, and storing records, reports, or documents relating to
the treatment, sampling, or discharge of the wastes.
29
Conditions for Entry
(a) The authorized personnel shall present appropriate
credentials at the time of entry;
(b) The purpose of the entry shall be for inspection,
observation, measurement, sampling, or testing in
accordance with the provisions of this ordinance;
(c) The entry shall be made at reasonable times during
normal operating or business hours unless an emergency
situation exists as determined by the Plant
Superintendent.
(d) All regular safety and sanitary requirements of the
facility to be inspected shall be complied with by
authorized representative(s) entering the premises.
(e) Information in the User's records that are of a
confidential nature will be governed by the
confidentiality requirements of this ordinance.
14.06.040 Analyses
Laboratory procedures used in the examination of
industrial wastes shall be those set forth in Standard Methods
or other EPA approved procedures (40 CFR Part 136 and
amendments thereto). If there are no approved test procedures
for a particular pollutant, then analyses shall be performed
using other validated procedures approved by the Plant
Superintendent.
14.06.050 Reporting Requirements
Any User may be required to report the status of their
wastewater discharge concerning compliance with the
requirements of this ordinance.
(1) Initial Compliance Re ort
(a) Any user subject to this Section may be required to
submit a report to the Plant Superintendent which
indicates the nature and concentration of all prohibited
or compatible pollutants regulated by this ordinance 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
requirements are being met on a consistent basis and, if
not, what additional operations and maintenance and /or
pretreatment is necessary to bring the discharger into
compliance with the applicable standards and
requirements. This statement shall be signed by an
authorized representative of the discharger 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.
30
(c) If the information required has already been
provided, and that information is still accurate, the
User shall reference the submitted information and is not
required to submit it again.
(2) Periodic Compliance Re orts
(a) Any 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 the
concentration (and mass if limited in the permit) of the
limited pollutants, a record of measured or estimated
average and maximum daily flows for the reporting period,
and any other information required by the Plant
Superintendent.
(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.
(c) Flows shall be reported on the basis of actual
measurement, provided, however, where cost or feasibility
considerations justify, the Plant Superintendent may
accept reports of average and maximum flows estimated by
verifiable techniques.
(3) Compliance Schedules and Proaress Reports
If additional pretreatment, monitoring equipment, process
control, or equipment modification will be required to meet
the pretreatment standards established under this ordinance
the Manager/Plant Superintendent may require the User to
provide progress reports and compliance schedules. The
compliance schedule shall be subject to Plant Superintendent
approval or may be established by the Plant Superintendent at
his discretion. The schedule shall define the shortest
schedule to provide the required action. The completion date
in this schedule shall not be later than the compliance date
established for the applicable Categorical Pretreatment
standard.
The following conditions shall apply to this schedule:
(a) The schedule shall contain dates for the
commencement and completion of major events leading to
the construction and operation of additional pretreatment
required for the User to meet the applicable pretreatment
requirements (e.g., hiring an engineer, completing
preliminary plans, completing final plans, executing
contract for major components, commencing construction,
completing construction, startup and full operation).
Interim dates for major events shall not be more than
ninety (90) days apart.
31
(b) Not later than fourteen (14) days following each
date in the schedule and the final date for compliance,
the User shall submit a progress report to the Plant
Superintendent including, as a minimum, whether or not it
complied with the increment of progress to be met on such
date and, if not, the date on which it expects to comply
with this increment of progress, the reason for delay,
and the steps being taken by the user to return the
construction to the schedule established. In no event
shall more than ninety (90) days elapse between such
progress reports to the Plant Superintendent.
14.06.060 Records Retention and Confidentialit
Any records, reports, or information obtained under this
ordinance shall be available to the public or any governmental
agency.
(1) In order to obtain a classification of confidential
on all or part of any records, reports, financial data,
income, costs and profits, or other information
submitted, the discharger 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, financial data,
income, costs and profits, or other information, or
particular parts thereof, if made public, would divulge a
secret process, device, or method of manufacturing or
production entitled to protection as trade secrets or
proprietary information of the discharger. If such
certification is obtained, the Plant Superintendent will
not require copies of the information.
(2) All Users subject to this ordinance shall retain and
preserve for no less than three (3) years, all records of
information resulting from any monitoring activities
required by this ordinance. Such records shall include
for all samples: the date, sample location, 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
techniques/methods use; and results of such analyses.
(3) All records which pertain to matters which are the
subject of any enforcement or litigation activities
pursuant hereto shall be retained and preserved by the
User until all enforcement activities have concluded and
all periods of limitation with respect to any and all
appeals have expired.
32
SECTION 15 - There is hereby added to the Municipal Code of
the City of Central Point, Oregon, Chapter 14.07, which is to
read as follows:
Chapter 14.07
VIOLATIONS
Sections•
14.07.010 Violations.
14.07.020 Notice of Violation.
14.07.030 Failure to Correct Violations.
14.07.040 Restoration of Service.
14.07.050 Change of Ownership; Occupancy.
14.07.060 Cost of Recovery.
14.07.070 Appeals.
14.07.080 Conflict.
14.07.010 Violations
A violation shall have occurred when any requirement of
this ordinance has not been met; when a written request of the
Manager/Plant Superintendent, made under the authority of this
ordinance, is not met within the specified time; when a
condition of a permit or contract issued under the authority
of this ordinance 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
discharger.
14.07.020 Notice of Violation
Upon determination by the Plant Superintendent that a
violation has occurred or is occurring, the Manager/Plant
Superintendent shall, except in an emergency issue a Notice of
Violation to the discharger which outlines the violation and
the potential liability as well as any proposed enforcement
actions. The Notice may further require correction of the
violation within a specified period of time, and may require
written confirmation of the correction and a description of
the efforts made to correct the violation. The Notice shall be
personally delivered to the User's premises or be sent by
certified mail. In an emergency, notice may be given orally,
but shall be confirmed in writing at the earliest practical
time. Notice by mail is presumed to be received by the
addressee on the third day after mailing.
14.07.030 Failure to Correct Violation
(1) In the event a User shall fail to correct any
violation within the time specified by the Manager/Plant
Superintendent, appropriate civil or criminal proceedings may
be initiated in a court of competent jurisdiction.
33
(2} In the event a User shall fail to correct any
violation within the time specified by the Manager/Plant
Superintendent, the Manager/Plant Superintendent may initiate
monetary penalties. The penalties may be initiated with or
without the initiation of judicial proceedings.
When in the opinion of the Manager/Plant Superintendent,
it is necessary to initiate monetary penalties, the following
shall apply:
(a) For the first, second, third, and fourth
calendar months a violation continues beyond the
time limit provided for correction thereof, the User
shall be assessed the graduated penalties listed
below. Any violation occurrence within the calendar
month is considered a continuing violation.
(i} First calendar month beyond the time limit
for correction, a total of the following
applicable amounts:
Volume - $1.00 per 1,000 gallons in excess of
the established permit limitations, plus
BOD and/or SS - $0.10 per pound of BOD and/or
suspended solids in excess of the established
permit limitation, plus
pH -$10.00 per occurrence per increment less
than a pH of 5.5 or greater than a pH of 9.5
for any excursion that exceeds ten (10) minute
duration in any sixty (60} minute period, plus
Late Reports - $25.00, plus
Constituents - standard penalty, $300.00 per
constituent per day that exceeds the daily
maximum permit discharge limitation.
(ii) Second calendar month beyond the time
limit for correction, a total of the following
applicable amounts:
Volume - $2.00 per 1,000 gallons in excess of
the established permit limitations, plus
BOD and/or SS - $0.20 per pound of BOD and/or
suspended solids in excess of the established
permit limitation, plus
pH -$20.00 per occurrence per increment less
than a pH of 5.5 or greater than a pH of 9.5
for any excursion that exceeds ten (10) minute
duration in any sixty (60) minute period, plus
Late Reports - $50.00, plus
Constituents - standard penalty, $600.00 per
constituent per day that exceeds the daily
maximum permit discharge limitation.
34
(iii) Third calendar month beyond the time
limit for correction, a total of the following
applicable amounts:
Volume -$4.00 per 1,000 gallons in excess of
the established permit limitations, plus
BOD and/or SS - $0.40 per pound of BOD and/or
suspended solids in excess of the established
permit limitation, plus
pH -$40.00 per occurrence per increment less
than a pH of 5.5 or greater than a pH of 9.5
for any excursion that exceeds ten (10) minute
duration in any sixty (60) minute period, plus
Late Reports - $100.00, plus
Constituents - Standard penalty, $1,200.00 per
constituent per day that exceeds the daily
maximum permit discharge limitation.
(iv) Fourth calendar month beyond the time
limit for correction, $2,400 per day for any
violation condition.
(b) Penalties for pH shall be assessed in
accordance with the following increments:
First increment - 4.5 to 5.5 or 10.5 to 9.5
Second increment - 3.5 to 4.5 or 11.5 to 10.5
Third increment - Less than 3.5 or Greater
than 11.5
(c) For situations where permit limitations have
not been established for BOD or SS, the penalty may
be assessed per pound of BOD and/or Suspended So19_ds
in excess of sixty (60) pounds in any one day.
(d) For situations where permit limitations have
not been established for constituents, the penalty
may be assessed for values that exceed requirements
established in this ordinance.
(e) For situations where constituent violations are
excessive, the following shall apply:
(i) Penalties for constituents may be assessed
at two (2) times the standard penalty per
constituent per day that exceeded the daily
maximum permit discharge limitation by two (2)
times the daily maximum value but less than
three (3) times the daily maximum value.
(ii) Penalties for constituents may be assessed
at three (3) times the standard penalty per
constituent per day that exceeded the daily
maximum permit discharge limitation by three
(3) times or more the daily maximum limitation
value.
35
(f) The continuation of a violation beyond the time
limit provided for correction thereof, shall be
deemed a separate offense for each day in which any
such violation shall occur.
(g) Fines and penalties resulting
correct violations within the time
Manager/Plant Superintendent are d
the User within fourteen (14) days
billing. Fines collected shall go
fund for operation and maintenance
Plant.
from failure to
specified by the
ze and payable by
after receipt of
into the trust
of the Treatment
(3) If in the opinion of the Plant Superintendent
conditions warrant and the violation situations are not
determined to be emergencies, an extension may be granted
to allow additional time to correct the violation.
Violation extensions are granted at the discretion of the
Plant Superintendent and may be revoked if any of the
violation extension conditions are not met. The
following requirements shall be met for any violation
extension:
(a) Immediate reduction of pollutant parameters to
reasonable levels (levels determined by the Plant
Superintendent).
(b) No later than thirty (30) days after
notification of extension, the User shall furnish a
schedule developed by a qualified Professional
Engineer of process control and/or equipment
modifications that will achieve consistent
compliance with established requirements. Provide a
thorough evaluation performed by a qualified
Professional Engineer showing wastewater treatment
capabilities relative to current and anticipated
future loads, include schematic flow diagrams for
each major wastewater generating activity, and a
complete description of corrective measures planned
to achieve consistent compliance with established
requirements. The schedule and evaluation shall be
submitted to the Plant Superintendent for review and
approval prior to implementation.
(c) No later than forty-five (45) days after
notification of extension, the User shall begin
implementation of approved Engineer's
recommendations.
(d) No later than ninety (90) days after
notification of extension, the User shall complete
all corrective measures.
36
(4) With or without the initiation of judicial
proceedings, the Manager/Plant Superintendent, may
physically terminate a discharge into the sewer system
when:
(a) The User has failed to correct any violation
within the time specified by the Plant
Superintendent in the Notice of Violation or the
Notification of Extension;
(b) The User has failed to pay costs or penalties
within the time specified which he has been required
to pay in accordance with the requirements of this
ordinance.
(c) A violation creates an emergency situation; An
emergency situation is defined as a situation in
which, in 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 the Sewer System or any person or
property.
(5) A Notice of termination shall be provided to the
discharger prior to physically terminating the discharge.
(a) In situations that are determined by the Plant
Superintendent not to be emergencies, the notice of
termination shall be in writing and shall contain
the reasons for the termination, the effective date,
and notice of the opportunity for an informal
hearing before the Plant Superintendent at least ten
(10) days before the effective termination date.
The notice shall be personally delivered or sent by
certified mail to the business address of the User
at least thirty (30) days prior to the effective
termination date.
(b) In situations that are determined by the Plant
Superintendent to be emergencies, the initial Notice
of Termination may be oral or written.
(1) If oral notice is given, it shall be given
to the Authorized Representative of the User
personally or by telephone and shall be
followed within two working days by written
notice that is mailed or delivered to the
business address of the user. If the
Authorized Representative cannot be reached,
oral notice may be given to a person who is
apparently in charge of the User's office or
facility. The effective date of the
termination in emergency situations may be
immediately after oral or written notice has
been given as required in this paragraph.
37
(2) The emergency notice of termination shall
inform the User of the opportunity for an
informal hearing before the Plant
Superintendent at the earliest practical date.
14.07.040 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 mutually agreed upon terms concluded
and the cause for discontinuance of service corrected.
14.07.050 Change of Ownership• Occupancy.
Change of ownership or occupancy of premises found
delinquent shall not be cause for reducing or eliminating
assessed penalties.
14.07.060 Cost Recovery.
(1) The Manager/Plant Superintendent may recover all
verifiable costs resulting from a discharge not in compliance
with this ordinance, including but not limited to the
repairing of damages to the sewer system, additional treatment
costs, additional maintenance costs, and the paying of fines
and penalties assessed the treatment plant by regulatory
agencies. The costs may be in addition to any fines and
penalties assessed the User in other sections.
(2) Notice of intent to recover shall be by letter to
the discharger; sent by certified mail, which states the
specific violation, the penalties and damages sustained by the
sewer system, the costs of those damages and penalties, and
the costs determined as attributable to the discharge and,
therefore, billed to the User.
(3) The recovery costs are due and payable by the User
within thirty (30) days after the notice is sent.
14.07.070 Ap eals.
A final decision by the Plant Superintendent to adopt a
rule establishing or modifying technically based local limits
may be appealed by any jurisdictional participant or any
industrial waste discharger. A final decision by the Plant
Superintendent concerning the issuance, denial or modification
of an industrial waste discharge permit, concerning an alleged
violation of this ordinance or penalty therefor, or concerning
a service charge for industrial waste may be appealed by the
waste discharger affected by such action. Such decisions may
be appealed to the Regional Committee by mailing a written
notice of appeal to the Plant Superintendent not later than 21
days after the effective date of the decision or 21 days after
notice was mailed or otherwise given to the person, whichever
is later. All appeals shall be first considered by the
Technical Advisory Group which shall make a recommendation to
the Regional Committee. The matter shall be decided by the
Regional Committee within 60 days after receipt of the notice
of appeal. The decision of the Regional Committee on the
appeal shall be final and binding.
38
14.07.080 Conflict.
All other ordinances and parts of other ordinances
inconsistent or conflicting with any part of this ordinance
are hereby repealed to the extent of such inconsistency or
conflict.
SECTION 16 - Chapter 14.08 of the Central Point Municipal Code
is amended to read as follows:
Chapter 14.08
INDUSTRIAL WASTE SEWER SERVICE CHARGES
Sections•
14.08.010 Wastewater Strength Determination
14.08.020 Wastewater Volume Determination
14.08.030 Wastewater Rate Determination
14.08.010 Wastewater Strength Determination.
Each person discharging industrial wastes into a public
sanitary sewer may, at his option, or shall, when directed by
the Manager/Plant Superintendent, construct and maintain an
approved control manhole, together with such flow measurement,
flow sampling, and sample storage facilities for all waste
entering the public sewer as may be required by the
Manager/Plant Superintendent. These facilities will be used
to obtain flow and wastewater characteristics for use as a
basis for an industrial waste water service charge. These
facilities will be installed and maintained at the dischargers
expense.
In lieu of directing the construction of measurement,
sampling and sample storage facilities, the Manager/Plant
Superintendent may require each person discharging industrial
wastes into a public sanitary sewer to procure and test at the
dischargers expense and in a manner approved by the Plant
Superintendent, sufficient composite samples on which to base
and compute the person's industrial waste sewer service
charge.
The Plant Superintendent may, at his option, procure and
test the wastewater discharge to determine the wastewater
strength for use as a basis for an industrial wastewater
service charge.
At least three consecutive or separate 24-hour composite
waste samples shall be taken for the initial year. Additional
composite waste samples shall be taken at least once during
each subsequent eighteen (18) month period to determine
changes in wastewater strengths.
A composite sample is a series of samples mixed together
so as to approximate the average strength of discharge to the
sewer. The sampling period may include any twenty-four (24)
consecutive hour period, not necessarily midnight to midnight.
A11 measurement methods shall be approved by the Plant
Superintendent.
39
The Plant Superintendent shall determine which industrial
waste discharges require sampling to determine waste strengths
and shall in accordance with this section, determine the
wastewater strengths.
14.08.020 Wastewater Volume Determination.
The wastewater volume shall be determined on the basis of
actual flow measurement. In the event that actual flow
measurement is not provided, the industrial waste charge shall
be computed using the metered water flow to the premises as a
basis for water flow. Metered water flow shall include all
water delivered to or used on the premises and which is
discharged to regional facilities. Cooling waters or water
not discharged to a sanitary sewer shall be separately metered
at the 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 industrial waste sewer service
charge. All metered water flows shall be metered at the
User`s expense. Allowances may be made in accordance with the
requirements of this section.
14.08.030 Wastewater Rate Determination.
Extra strength industrial waste discharge shall be
defined as industrial, commercial, or hospital industrial
wastes discharged into the sewer system containing a total of
more than 60 pounds of Biochemical Oxygen Demand, or suspended
solids in any one day and having an average strength in excess
of 300 ppm of Biochemical Oxygen Demand, or suspended solids.
(1) Composite Chara_e Rate
For each extra strength industrial waste discharger
the composite charge rate shall normally be employed. The
composite charge rate shall be based on the average of
composited samples obtained in accordance with the provisions
of the wastewater strength determination section of this
ordinance and the wastewater volume as determined in
accordance with the provisions of the wastewater volume
determination section of this ordinance.
The rate shall be established per 300 ppm of
Biochemical Oxygen Demand, or Suspended Solids, or fraction
thereof in excess of the first 300 ppm of Biochemical Oxygen
Demand, or Suspended Solids per 1,000 gallons of water. The
rate shall be for the higher concentration of either B.O.D. or
Suspended Solids, but not assessed for both.
(2) Other Charge Rates
If unusual effluent conditions make the calculations
by the composite method impossible or unrealistic, another
method of sampling and computation may be implemented by the
Plant Superintendent.
40
(3) Allowances
(a) Appropriate allowances may be made at the
discretion of the Plant Superintendent, for the
volume of domestic sewage at permissible limits of
strength. The domestic sewage allowance shall be
based on a ratio of one thousand gallons per month
for each twenty-seven (27) employees using the
sanitary facilities.
(b) Favorable consideration will be given to Users
that can discharge compatible wastes during low flow
periods of the night and on weekends. Case by case
consideration will be given to those Users at the
discretion of the Plant Superintendent, to make rate
adjustments commensurate with decreased impact on
the Plant.
(c) In the event wastewater volume determination is
computed using metered water flow and deduct meters
are not utilized, special allowances may be made at
the discretion of the Plant Superintendent, for
water consumption or loss based on verifiable
industry standards, (e.g., evaporation, use in
product, etc.).
(4) Adjustments
The Plant Superintendent may check sewage strength
as outlined in this Section and give notice that extra
strength charges be adjusted where applicable at any time in
accordance with the most recent analysis.
(5) Resampling Request: Fees
Any 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 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 for
the resampling fee. The resampling fee for each day of
sampling shall be established by the Plant Superintendent.
(6) Implementation of Charges
Changes in extra strength charges shall be effective
for the month next following the month in which notice of
adjustment was given.
SECTION 17 - Chapter 14.12 of the Central Point Municipal
Code is hereby amended to read as follows:
41
Chapter 14.12
SERVICE CHARGES
Sections:
14.12.010 Definitions.
14.12.020 Rates--Established.
14.12.030 Single -- Single Family Residential Units.
14.12.040 Multiple--Family Residential Living Units.
14.12.050 Public Schools, Hospitals, and Churches.
14.12.060 Commercial and Industrial Services.
14.12.070 Recreational Vehicle Waste Dumping Stations.
14.12.080 Extra-Strength Service Charge.
14.12.090 Surcharge--Extra Cost.
14.12.100 Interpretation and Conditions.
14.12.110 Applicability of Service Charges.
14.12.120 Sewer Deposit.
14.12.130 Sewer Deposit Refund.
14.12.140 Utility Discounts for Senior Citizens.
14.12.150 Unpaid Accounts.
14.12.160 Penalty
14.12.010 Definitions.
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.
(1) "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
individual location having a sewer hookup for each
such vehicle.
(2) "Recreational vehicle dumping station" is defined as
a facility connected to the sanitary sewer 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.
42
14.12.020 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 distribution system of
the city.
12.030 Single-Family Residential Units.
Single-family residential service charges are eight
dollars and twenty cents per dwelling per month.
.040 Multiple-Family Residential Livina Units.
There shall be a service charge for all multiple-family
residential living units including apartments, mobile
home parks, motels and hotels as follows:
A. An amount equal to a minimum residential rate
per account of eight dollars and twenty cents per
month times the number of living units for which
sewer service is provided.
B. For purposes of new construction, the number of
living units or mobile home spaces for which water
service is provided shall be calculated for such
living units or mobile home spaces initially
occupied. The number of living units or mobile home
spaces initially occupied for the purpose of such
rate computation shall be as reported by the owner
or manager of each such apartment, multiple dwelling
or mobile home park and shall be designated on forms
to be furnished by the city and delivered or mailed
to 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
apartment, multiple dwelling or mobile home park,
occupancy shall be deemed to be one hundred percent.
If water is provided and no living units or mobile
home spaces are occupied, the charges for sewer
service shall be calculated assuming an occupancy of
one unit.
C. It is unlawful for any person to make any false
statement or report to the city as provided for in
this section.
D. A "living unit," for purposes of this section,
means such room or rooms designed for and capable of
being used for living accommodations of one or more
persons as a single housekeeping unit or household
or overnight accommodation.
43
14.12.050 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 the water meter or meters supplying the premises
served by the sewer connection as follows:
For each meter through 3/4 inch $ 8.20
For each 1 inch meter 8.90
For each 1-1/2 inch meter 9.80
For each 2 inch meter 11.70
For each 3 inch meter 19.20
For each 4 inch meter 27.70
For each 6 inch meter 49.10
For each 8 inch meter 70.40.
B. Gallonage. To the capacity charges specified in
subsection A above shall be added a charge of thirty-four
cents per hundred cubic feet of water delivered to the
premises, 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
February. 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 class of service and under
similar circumstances and conditions.
14.12.060 Commercial and Industrial Services.
Service charges for commercial and industrial services
are per account per mont h, a total of the following (plus any
extra-strength or other charges per this chapter or title or
both):
A. Capacity Charg es. An amount determined by the size
of the water meter or meters supplying the prem ises
serviced by the sew er connection as follows:
For each meter through 3/4 inch $ 8.20
For each 1 inch meter 8.90
For each 1-1/2 inch meter 9.80
For each 2 inch meter 11.70
For each 3 inch meter 19.20
For each 4 inch meter 27.70
For each 6 inch meter 49.10
For each 8 inch meter 79.40.
44
B. Gallonage. To the capacity charges specified in
subsection A above shall be added a charge of thirty-four
cents per hundred cubic feet of water delivered to the
premises.
14.12.070__Recreational Vehicle Waste Dumpina Stations.
The charge for each recreational vehicle waste dumping
facility shall be the sum of sixteen dollars per month.
14.12.080 Extra-Strenath Service Charae.
A. All commercial and industrial sewer service accounts
shall pay a surcharge for extra strength industrial waste
discharge as defined in this title in addition to the
service charge listed in Section 14.12.060. The
surcharge shall be a monthly charge at the rate of
fifteen cents per three hundred p.p.m. of biochemical
oxygen demand or suspended solids, or fraction thereof,
in excess of the first three hundred p.p.m. of
biochemical oxygen demand or suspended solids, per one hundred
cubic feet of water delivered to the premises. The method
used to determine extra-strength service charges for
wastewater shall be as described in this title. The surcharge
shall be for the higher concentration of either biochemical
oxygen demand or suspended solids, but not assessed for both.
B. For each extra strength industrial waste discharger,
the composite charge rate shall normally be employed. The
composite charge rate shall be based on the average of
composited samples obtained in accordance with the provisions
of the wastewater strength determination section of this title
and the wastewater volume as determined in accordance with the
provisions of the wastewater volume determination section of
this title. In appropriate circumstances other charge rates
shall be employed under the terms and conditions set forth in
section 14.08.030 of this Title.
14.12.090 Surcharae--Extra Cost.
The city shall establish and collect a surcharge to the
rates established in this chapter in case of discharge from a
premises of sewage of a nature to cause extra costs or
deterioration. In lieu of or 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.
14.12.100 Interpretation and Conditions.
A. It is unlawful for any person to make any false
statement or report to the city as provided in this title.
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
housekeeping unit or household.
45
14.12.110 Applicability of Service Charges.
The service charges designated in this chapter 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.
14.12.120 Sewer Deposit.
A deposit for a service charge shall not be required for
any application who is the owner of the property to be served.
A deposit of ten dollars shall be required of all other
applicants. Such deposit shall be in addition to any water
service deposit.
14.12.130 Sewer Deposit Refund.
Any person desiring 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 prepayment 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 sixty days. If such refund by check or cash is not
claimed within sixty days, it shall be returned to the utility
fund account.
14.12.140 Utility Discounts for Senior Citizens.
A. 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 years of age or incapable of gainful
employment as the result of a disability 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 per year from all sources if single or a
combined income of seven thousand three hundred seventy-nine
dollars per year if married.
B. 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.
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C. 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 any 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.
D. 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.
E. It is unlawful for any person to make, assist in
making or to derive the benefits from any false application
for discounts provided under this section. In addition to
other penalties provided by law, the city shall be entitled to
recover from any person or persons receiving the benefit of
discounts as a result of any false statement made in any
application the amount therefor, including interest at the
rate of nine percent per year from the date such discounts
were granted.
14.12.150 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 amount of such
unpaid charges shall be certified to by the city administrator
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 remonstrate 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
223.505 through 223.670, or in any other manner provided by
law of city ordinance.
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14.12.160 Penalty.
Any violation of any requirement of this chapter, 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.
Passed by the Council and signed b me in authentication
of its passage this Z ~, day of 1989.
Mayor
ATTEST
i
Designa ity fficer
Approved by me this ~ day
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