(a)   The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section:

(b)   Unless the context of usage indicates otherwise, terms of this article that are not defined, shall be defined in the latest addition of the Glossary: Water and Wastewater Control Engineering, prepared by the joint editorial board of American Public Health Association, American Society of Civil Engineers, American Water Works Association and Water Pollution Control Association.

Act or the act means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended.

Approval authority means the director of the division of environment, of the state department of health and environment or the regional administrator of the EPA. If the pretreatment program has been formally delegated to the KDHE, it shall mean the director of the division of environment of KDHE.

ASTM means the American Society of Testing Materials, or their publications. Authorized representative of industrial user means:

(1)   A responsible corporate officer, if the industrial user is a corporation. For the purpose of this subsection, a responsible corporate officer means a president, secretary, treasurer or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or the manager of one or more manufacturing, production or operations facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000.00 in second-quarter 1980 dollars, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(2)   A general partner or proprietor if the industrial user is a partnership or sole proprietorship, respectively.

(3)   A duly authorized representative of the individual designated in subsection (1) or subsection (2) of this definition if:

(A)  The authorization is made in writing by the individual described in subsection (1) or (2) of this definition;

(B)  The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well, or well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and

(C)  The written authorization is submitted to the control authority.

(4)   A government owned or operated industrial user.

Best Management Practices (BMPs) means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 CFR 403.5(a)(1) and (b). BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

Biochemical oxygen demand (BOD) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20 degrees Celsius, expressed in terms of weight and concentration (milligrams per liter (mg/l)).

Building drain means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.

Building sewer means a sewer conveying wastewater from the premises of a user to the POTW.

Bypass means the intentional diversion of wastestream from any portion of a discharge treatment facility.

Categorical standards means any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the Act (33 U.S.C. section 1317) that apply to a specific category of Users and that appear in 40 CFR Chapter 1, Subchapter N, Parts 405-471.

COD (chemical oxygen demand) means a measure of the amount of oxygen required to oxidize organic and oxidizable inorganic compounds in water.

Combined sewer means a sewer receiving both surface runoff and wastewater.

Composite sample means a combination of individual samples taken at selected time intervals for some specified period, to minimize the effect of the variability of the individual sample. Samples may be of equal volume or proportional to flow at the time of sampling.

Control authority means the approval authority, or the city administrator (if the city has an approved pretreatment program under the provisions of 40 CFR 403.11), or the city.

Cooling water means the water discharge from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

Dilution means potable or wastewaters from nonregulated process wastewater streams that contain nonregulated pollutants subject to the national categorical pretreatment standard.

Direct discharge means the discharge of treated or untreated wastewater directly to the waters of the state.

Discharge means (when used without qualification) the causing or permitting of wastewater to enter either directly or indirectly into waters of the state.

Environmental Protection Agency (EPA) means the U.S. Environmental Protection Agency, or, where appropriate, the term may also be used as a designation for the administrator or other duly authorized official of such agency.

Garbage means solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

Grab sample means a sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time. A single sample which reflects only the condition of the wastewater at the instant of sampling at a particular location.

Hauled waste means any industrial wastewater or substance transported from outside of incorporated city limits.

Health officer means a person having public health responsibility by the state, or by the county in the state.

Holding tank waste means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.

Indirect discharge means the discharge or the introduction of nondomestic pollutants from any source regulated under section 307(b) or (c) of the act (33 USC 1317), into the POTW (including holding tank waste discharged into the system).

Industrial discharge means the introduction of pollutants into a publicly owned treatment works from any nondomestic source.

Industrial user means a source of discharge which does not constitute a discharge of pollutants under regulations issued pursuant to section 402 of the act (33 USC 1342).

Industrial wastes means the liquid, solid or semisolid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage.

Interference means a discharge which, alone or in conjunction with discharges from other sources, both:

(1)   Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and

(2)   Therefore, is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the clean water act, the solid waste disposal act (SWDA) (including title II), more commonly referred to as the resource conservation and recovery act (RCRA), and including state regulations contained in any state sludge management plan prepared pursuant to subtitle D of the (SWDA), the clean air act, the toxic substances control act, and the marine protection, research and sanctuaries act.

National categorical pretreatment standard or pretreatment standard means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the act (33 USC 1317) which applies to a specific category of industrial users and which appear in 40 CFR, chapter I, subchapter N, parts 405-471.

National Pollutant Discharge Elimination System or NPDES permit means a permit issued pursuant to section 402 of the act (33 USC 1342).

National prohibitive discharge standard or prohibitive discharge standard means any regulation developed under the authority of 307(b) of the act and 40 CFR 403.5.

Natural outlet means any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.

New source means:

(1)   Any building, structure, facility or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under section 307(c) of the act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

(a)   The building, structure, facility or installation is constructed at the site at which no other source is located;

(b)   The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

(c)   The production or wastewater generating processes of the building, structure, facility or installation are substantially independent. Factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.

(2)   Construction on a site at which an Existing Source is located results in a modification rather than a New Source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Section (1)(b) or (c) above, but otherwise alters, replaces, or adds to existing process or production equipment.

(3)   Construction of a New Source as defined under this paragraph has commenced if the owner or operator has:

(a)   Begun, or caused to begin, as part of a continuous onsite construction program

(i)    any placement, assembly, or installation of facilities or equipment; or

(ii)   significant site preparation work including clearing, excavation, or the removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

(b)   Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph.

Pass through means a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW’s NPDES permit, including an increase in the magnitude or duration of a violation.

Person means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, and the singular shall include the plural where indicated by the context.

pH means the negative logarithm of the hydrogen ion concentration measured in grams per liter of a solution.

Pollutant means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.

Pollution means the manmade or man-induced alteration of the chemical, physical, biological and radiological integrity of water.

Pretreatment or treatment means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a sewer system. The reduction and alteration can be obtained by physical, chemical or biological processes, or process changes by other means, except as prohibited by 40 CFR 403.6(d).

Pretreatment requirements means any substantive or procedural requirement related to pretreatment, other than a federal pretreatment standard imposed on an industrial user.

Pretreatment standard means prohibited discharge standards, categorical Pretreatment Standards, and Local Limits.

Properly shredded garbage means the wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sanitary sewers, with no particle greater than ½ of an inch (1.27 centimeters) in any dimension.

Publicly owned treatment works (POTW) means a treatment works as defined by section 212 of the act (33 USC 1292), which is owned in this instance by the city and shall also be defined as those facilities which pump and treat wastewater. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this article, the term “POTW” shall also include any sewers that convey wastewaters to the POTW from persons outside the city who are, by contractor agreement with the city, users of the city’s POTW.

Sanitary sewer means a sewer which carries sewage and to which stormwater, surface water, and groundwater are not intentionally admitted.

Sewage treatment plant means that portion of the POTW designed to provide treatment to wastewater.

Shall is mandatory; may is permissive.

Significant industrial user means any industrial user of the city’s POTW who:

(1)   Has a discharge flow of 25,000 gallons or more of process wastewater per average workday;

(2)   Has a flow which makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the POTW;

(3)   Has toxic pollutants in the wastes of the industrial user as defined pursuant to section 307 of the act or state statutes and rules; or

(4)   Is found by the city, state department of health and environment or the U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system’s effluent quality, or air emissions generated by the system or an industrial user subject to national categorical pretreatment standards.

Significant noncompliance means any industrial user violations which meet one or more of the following criteria:

(1)   Violations of wastewater discharge limits. Violations of wastewater discharge limits are as follows:

(A)  Chronic violations. Sixty-six percent or more of the measurements exceed the same daily maximum limit or the same average limit in a six-month period (any magnitude of exceedance).

(B)  Technical review criteria (TRC) violations. Thirty-three percent or more of the measurements exceed the same daily maximum limit or the same average limit by more than the TRC in a six-month period. There are two groups of TRCs:

(i)    Group I for conventional pollutants (BOD, TSS, fats, oil and grease) TRC equals 1.4.

(ii)   Group II for all other pollutants TRC equals 1.2.

(C)  Any other violations of an effluent limit (average or daily maximum) that the control authority believes has caused, along or in combination with other discharges, interference (e.g., slug loads) or pass through, or endangered the health of the sewage treatment personnel or the public.

(D)  Any discharge of a pollutant that has caused imminent endangerment to human health/welfare or to the environment and has resulted in the POTW’s exercise of its emergency authority to halt or prevent such a discharge.

(2)   Violations of compliance schedule milestones. Violations of compliance schedule milestones are contained in a local control mechanism or enforcement order, for starting construction, completing construction, and attaining final compliance by 90 days or more after the schedule date.

(3)   Reports. Failure to provide reports for compliance schedules, self-monitoring data or categorical standards (baseline monitoring reports, 90-day compliance reports, and periodic reports) within 30 days from the due date.

(4)   Noncompliance reporting. Failure to accurately report noncompliance.

(5)   Other violations. Any other violation or group of violations that the control authority considers to be significant.

Slug load or Slug discharge means any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards of this article. A Slug Discharge is any discharge or a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW’s regulations, Local Limits or Permit conditions.

Sludge means the construction of solids removed from sewage during wastewater treatment. Standard industrial classification (SIC) means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.

Storm sewer (storm drain) means a sewer which carries stormwater and surface water and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

Stormwater means any flow occurring during or following any form of natural precipitation and resulting therefrom.

Suspended solids means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.

Superintendent means the superintendent of utilities or the person designated by the city to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this article, or the duly authorized deputy, agent or representative of the superintendent.

Toxic pollutant means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the Environmental Protection Agency under the provision of CWA 307(a) or other acts.

Upset means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the industrial user.

User means any person who contributes, causes or permits the contribution of wastewater into the POTW.

Wastewater means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, together which may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.

Wastewater discharge permit means as set forth in division 2, subdivision II of this article.

Waters of the state means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.

Watercourse means a channel in which a flow of water occurs, either continuously or intermittently. WPCF means the Water Pollution Control Federation or their publications.

(Ord. 3099, § 1.2, 7-22-91; Code 2016, Sec. 94-521; Ord. 3514)

The following abbreviations shall have the designated meanings:

BMP MEANS Best Management Practices.

BOD means biochemical oxygen demand.

CFR means Code of Federal Regulations.

COD means chemical oxygen demand.

EPA means Environmental Protection Agency.

KDHE means the state department of health and environment.

l means liter.

mg means milligrams.

mg/l means milligrams per liter.

NPDES means National Pollutant Discharge Elimination System.

O & M means operation and maintenance.

POTW means publicly owned treatment works. ppm means parts per million.

SIC means standard industrial classification.

SWDA means Solid Waste Disposal Act, 42 USC 6901 et seq.

USC means United States Code.

TSS means total suspended solids.

(Ord. 3099, § 1.3, 7-22-91; Code 2016, Sec. 94-522; Ord. 3514)

(a)   This article sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the city, and enables the city to comply with all applicable state and federal laws required by the Clean Water Act of 1977 and the general pretreatment regulations (40 CFR 403).

(b)   The objectives of this article are to:

(1)   Prevent the introduction of pollutants into the POTW which cause pass through or interference with the operation of the system or contaminate the resulting sludge;

(2)   Prevent the introduction of pollutants into the POTW which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system;

(3)   Improve the opportunity to recycle and reclaim wastewaters and sludges from the system; and

(4)   Provide for equitable distribution of the cost of the POTW.

(c)   This article provides for the regulation of direct contributors to the POTW through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting, assumes that the existing customer’s capacity will not be preempted, and provides for the setting of fees for the equitable distribution of costs resulting from the program established in this article.

(d)   This article shall apply to the city and to persons outside the city who are, by contract or agreement with the city, users of the city POTW. This article incorporates and replaces Ordinance No. 3003, as amended. Except as otherwise provided in this section, the city administrator shall administer, implement and enforce the provisions of this article.

(Ord. 3099, § 1.1, 7-22-91; Code 2016, Sec. 94-523; Ord. 3514)

(a)   Deposits. It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the city, or in any area under the jurisdiction of the city, any human or animal excrement, garbage or other objectionable waste.

(b)   Discharges. Unless approved by KDHE, it shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article.

(c)   Facilities. Except as otherwise provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of wastewater.

(d)   Owner’s responsibility. The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the city and abutting any street, alley or right-of-way in which there is now located, or may in the future be, located a sanitary sewer of the city, is hereby required at the owner’s expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper sanitary sewer in accordance with the provisions of this article, within 60 days after the date of official notice to do so, provided the public sanitary sewer is within 100 feet of the property line.

(e)   Areas outside limits. As a condition of permitting sewer service for areas outside the city limits, the owners of property served must agree to voluntary annexation prior to extension of utilities.

(Ord. 3099, § 1.4, 7-22-91; Ord. 3426, § 1, 9-23-13; Code 2016, Sec. 94-524; Ord. 3514)

(a)   System use. Where a public sanitary sewer is not available under the provisions of section 15-804, the building sewer shall be connected to a private sewage disposal system complying with the provisions of subsections (b)—(g) of this section.

(b)   Permit; construction. Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the city administrator. The application for such permit shall be made on a form furnished by the city, which the applicant shall supplement any plans, specifications, and other information as is deemed necessary by the city administrator. A permit and inspection fee in an amount established in the city’s fee resolution shall be paid to the city at the time the application is filed.

(c)   Inspection. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the city administrator. The city administrator shall be allowed to inspect the work at any stage of construction, and, in any event, the applicant for the permit shall notify the city administrator when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 96 hours of the receipt of notice by the city administrator or the representative of the city administrator.

(d)   Compliance with state recommendations. The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the state department of health and environment. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than 20,000 square feet, when a public water supply is used. In case of a private water supply, the minimum lot size will be 40,000 square feet. No septic tank or cesspool system shall be permitted to discharge to any natural outlet.

(e)   Direct connection with public sanitary sewer upon availability. At such time as a public sanitary sewer becomes available to a property served by a private sewage disposal system, a direct connection shall be made to the public sanitary sewer in compliance with this article, and any septic tanks, cesspools and similar private wastewater disposal facilities shall be cleaned and filled in accordance with this article.

(f)    Private disposal facilities kept sanitary. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city.

(g)   Additional requirements by health officer. No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the health officer.

(Ord. 3099, § 1.5, 7-22-91; Code 2016, Sec. 94-525; Ord. 3514)

Property owners will be responsible for all repairs, including excavation, which are required to replace and reconnect a broken or collapsed lateral or service line emptying into any city sewer main. For the purpose of this article, the word “broken” shall include clogged or any other deficiency causing the service line to act in any manner not originally intended. If the hub portion of the wye which connects the customer service to the main is damaged or broken, the city shall pay for the necessary fittings and labor in an amount not to exceed that established in the city’s fee resolution, to reconnect the customer service line to the main.

(Code 1988, § 7-512; Ord. 3120, § 1, 11-24-92; Code 2016, Sec. 94-526; Ord. 3514)

It shall be unlawful to discharge any wastewater without a state NPDES permit to any natural outlet within the city, or without a city wastewater discharge permit in any area under the jurisdiction of the city, or to the POTW (except as authorized by the city in accordance with the provisions of this article).

(Ord. 3099, § 4.1, 7-22-91; Code 2016, Sec. 94-551; Ord. 3514)

(a)   The city shall require to be provided and operated, at the user’s own expense, monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user’s premises, but the city may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

(b)   There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.

(c)   Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the city’s requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the city.

(Ord. 3099, § 4.4, 7-22-91; Code 2016, Sec. 94-552; Ord. 3514)

The city shall inspect the facilities of any user to ascertain whether the purpose and requirements of this article are being met. Persons or occupants of premises where wastewater is created or discharged shall allow the city or their representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any of their duties. The city shall have the right to copy any records relevant to sampling, monitoring activity, analytical results or any other phase of pretreatment compliance. KDHE and/or the EPA shall have the right to copy any and all city records and shall have equal access to the user's facilities. The city, KDHE and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the city, KDHE and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. While performing the necessary work on private properties, the city administrator or authorized employees of the city shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the city employees. The city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions.

(Ord. 3099, § 4.5, 7-22-91; Code 2016, Sec. 94-553; Ord. 3514)

Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.

(a)   Except as indicated in Section B and C below, the User must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Superintendent. Where time-proportional composite sampling or grab sampling is authorized by the City, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the City, as appropriate. In addition, grab samples may be required to show compliance with Instantaneous Limits.

(b)   Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

(c)   For sampling required in support of baseline monitoring and 90-day compliance reports required in Section 6.1 and 6.3 [40 CFR 403.12(6) and (d)], a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, [the Superintendent] may authorize a lower minimum. For the reports required by paragraphs Section 6.4 (40 CFR 403.12(e) and 403.12(h)), the Industrial User is required to collect the number of grab samples necessary to assess and assure compliance by with applicable Pretreatment Standards and Requirements..

(Ord. 3099, § 4.6, 7-22-91; Code 2016, Sec. 94-554; Ord. 3514)

(a)   Where preliminary treatment or flow-equalizing facilities are provided for any water wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at the owner’s expense. Users shall provide necessary wastewater treatment as required to comply with this article and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated and maintained at the user’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review, and shall be acceptable to the city before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce a discharge acceptable to the city under the provisions of this article. Any subsequent change in the pretreatment facilities or method of operation shall be reported to, and be acceptable to, the city prior to the user’s initiation of the changes.

(b)   The city shall publish annually, in the official daily newspaper published in the municipality where the POTW is located, a list of the industrial users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements.

(c)   All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or KDHE upon request.

(Ord. 3099, § 4.7, 7-22-91; Code 2016, Sec. 94-555; Ord. 3514)

(a)   Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs, and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests, and is able to demonstrate to the satisfaction of the city, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.

(b)   When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to governmental agencies for uses related to this article, the National Pollutant Discharge Elimination System (NPDES) permit, or the pretreatment programs; provided, however, that such portions or a report shall be available for use by the KDHE or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

(c)   Information accepted by the city as confidential shall not be transmitted to any governmental agency or to the general public by the city until and unless a ten-day notification is given to the user.

(Ord. 3099, § 4.8, 7-22-91; Code 2016, Sec. 94-556; Ord. 3514)

(a)   Any industrial user subject to the reporting requirements established in this article shall maintain records of all information resulting from any monitoring activities required by this article. Such records shall include for all samples:

(1)   The date, exact place, method and time of sampling, and the names of the person taking the samples;

(2)   The dates analyses were performed;

(3)   Who performed the analyses;

(4)   The analytical techniques and methods used; and

(5)   The results of such analyses.

(b)   Any industrial user subject to the reporting requirements established in this article shall be required to retain for a minimum of three years any records of monitoring activities and results (whether or not such monitoring activities are required by this section) and shall make such records available for inspection and copying by the director and the regional administrator. This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user or the POTW or when requested by the director or the regional administrator.

(Ord. 3099, § 5, 7-22-91; Code 2016, Sec. 94-557; Ord. 3514)

(a)   The city may suspend the wastewater treatment service and the wastewater discharge permit when such suspension is necessary, in the opinion of the city, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, or causes interference to the POTW for any violation of pretreatment standards or requirements.

(b)   Any person notified of a suspension of the wastewater treatment service or the wastewater discharge permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the city shall take such steps as deemed necessary including, but not limited to, immediate severance of the sewer connection to prevent or minimize damage to the POTW or endangerment to any individuals. The city shall reinstate the wastewater discharge permit and the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the city within 15 days of the date of occurrence.

(c)   Any person who shall continue any violation beyond the time limit provided for in this section shall be guilty of a misdemeanor. Each day in which any such violation shall continue shall be deemed a separate offense.

(d)   Any person violating any of the provisions of this article shall become liable to the city for any expense, loss or damage occasioned the city by reason of such violation, including such fines, penalties and other costs which may be assessed to the city for violation of sewage treatment plant effluent requirements, where such violation is created by a user of the POTW who, in turn, is in violation of city, state or federal regulations.

(Ord. 3099, § 6.0, 7-22-91; Code 2016, Sec. 94-558; Ord. 3514)

When the city finds that a User has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, the city may serve upon that User a written Notice of Violation. Within 30 days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the User to the city. Submission of such a plan in no way relieves the User of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this Section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation.

(Ord. 3099, § 6.2, 7-22-91; Code 2016, Sec. 94-559; Ord. 3514)

(a)   The city may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the governing body why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the governing body regarding the violation, the reasons why the action is to be taken, the proposed enforcement action and directing the user to show cause before the city why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by certified mail, return receipt requested, at least ten days before the hearing. Service may be made on any agent or officer of a corporation.

(b)   The governing body may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the city. The city may:

(1)   Issue in the name of the governing body notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;

(2)   Take the evidence; and

(3)   Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the governing body for action thereon.

(c)   At any hearing held pursuant to this article, testimony taken must be under oath and recorded stenographically. The transcript, so recorded will be made available to any member of the public or to any party to the hearing upon payment of the usual charges.

(d)   After the governing body has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service is discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed on existing treatment facilities, and devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.

(Ord. 3099, §§ 6.3.1—6.3.4, 7-22-91; Code 2016, Sec. 94-560; Ord. 3514)

If any person discharges wastewater, industrial wastes or other wastes into the POTW contrary to the provisions of this article, or any order of the city, the city attorney may commence an action for appropriate legal and equitable relief in the county district court.

(Ord. 3099, § 6.4, 7-22-91; Code 2016, Sec. 94-561; Ord. 3514)

Pursuant to the requirements of 40 CFR 403.8(f)(1)(vi)(A), the city shall have the authority to seek or assess civil or criminal penalties in at least the amount of $1,000.00 per day for each violation by industrial users of pretreatment standards and requirements. Further, if any person discharges sewage in addition to the penalties provided in this section, the city may recover reasonable attorneys’ fees, court costs, court reporters’ fees and other expenses of litigation by appropriate suit at law against the person found to have violated this article or the orders, rules, regulations and permits issued under this article.

(Ord. 3099, § 7.1, 7-22-91; Code 2016, Sec. 94-562; Ord. 3514)

The Kansas Department of Health and Environment and the United States Environmental Protection Agency have established the sewer lagoon capacity and loading limits as indicated in the charts below. The BOD (biochemical oxygen demand) limits are based on a design daily average of 3,388 pounds per day and daily maximum of 4,404 pounds per day.

The following tables summarize the Maximum Allowable Headworks Loadings (MAHL) and Maximum Allowable Industrial Loadings (MAIL) for the pollutants analyzed.

METALS

CONVENTIONAL POLLUTANTS

(Ord. 3459, 4-25-16; Code 2016, Sec. 94-563; Ord. 3514)

All significant industrial users proposing to connect to or to contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW. All existing significant users connected to or contributing to the POTW shall obtain a wastewater discharge permit within 180 days after the effective date of Ord. No. 3099.

(Ord. 3099, § 4.2, 7-22-91; Code 2016, Sec. 94-586; Ord. 3514)

(a)   Within either one hundred eighty (180) days after the effective date of a categorical Pretreatment Standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)( 4), whichever is later, existing Categorical Industrial Users currently discharging to or scheduled to discharge to the POTW shall submit to the Superintendent a report which contains the information listed in paragraph B, below. At least ninety (90) days prior to commencement of their discharge, New Sources, and sources that become Categorical Industrial Users subsequent to the promulgation of an applicable categorical Standard, shall submit to the Superintendent a report which contains the information listed in paragraph B, below. A New Source shall report the method of pretreatment it intends to use to meet applicable categorical Standards. A New Source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

(b)   Users described above shall submit the information set forth below:

(1)   The User shall submit the name and address of the facility including the name of the operator and owners.

(2)   The User shall submit a list of any environmental control permits held by or for the facility.

(3)   SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.

(4)   Wastewater constituents and characteristics, as determined by a KDHE certified analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to section 304(g) of the Act and contained in 40 CFR 136, as amended.

(5)   Time and duration of contribution.

(6)   Average daily and peak wastewater flow rates, including daily, monthly and seasonal variations, if any.

(7)   Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by the size, location and elevation.

(8)   Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged.

(9)   A statement, reviewed by an authorized representative of the Industrial User and certified to by a qualified professional, indicating whether Pretreatment Standards are being met on a consistent basis, and, if not, whether additional O&M and/or additional Pretreatment is required for the Industrial User to meet the Pretreatment Standards and Requirements.

(10) If additional pretreatment and/or O&M will be required to meet the Pretreatment Standards; the shortest schedule by which the Industrial User will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable Pretreatment Standard

(A)  Where the Industrial User's categorical Pretreatment Standard has been modified by a removal allowance(§ 403.7), the combined wastestream formula (§ 403.6(e)), and/or a Fundamentally Different Factors variance(§ 403.13) at the time the User submits the report required by paragraph (b) of this section, the information required by paragraphs (b)(6) and (7) of this section shall pe1tain to the modified limits.

(B)  If the categorical Pretreatment Standard is modified by a removal allowance (§ 403.7), the combined wastestream formula (§ 403.6(e)), and/or a Fundamentally Different Factors variance (§ 403.13) after the User submits the report required by paragraph (b) of this section, any necessary amendments to the information requested by paragraphs (b )(9) and (10) of this section shall be submitted by the User to the Control Authority within 60 days after the modified limit is approved.

(11) Each product produced by type, amount, process and rate of production.

(12) Type and amount of raw materials processed (average and maximum per day).

(13) Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system.

(14) Any other information as may be deemed by the city to be necessary to evaluate the permit application.

(15) Measurement of pollutants.

(A)  The user shall identify the Pretreatment Standards applicable to each regulated process;

(B)  In addition, the User shall submit the results of sampling and analysis identifying the nature and concentration ( or mass, where required by the Standard or Control Authority) of regulated pollutants in the Discharge from each regulated process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations. In cases where the Standard requires compliance with a Best Management Practice or pollution prevention alternative, the User shall submit documentation as required by the Control Authority or the applicable Standards to determine compliance with the Standard;

(C)  The User shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this paragraph.

(D)  Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the User should measure the flows and concentrations necessary to allow use of the combined wastestream formula of§ 403.6(e) in order to evaluate compliance with the Pretreatment Standards. Where an alternate concentration or mass limit has been calculated in accordance with § 403.6(e) this adjusted limit along with supporting data shall be submitted to the Control Authority;

(E)   Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR part 136 and amendments thereto. Where 40 CFR part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the Administrator determines that the part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW or other parties, approved by the Administrator;

(F)   The Control Authority may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures;

(G)  The baseline report shall indicate the time, date and place, of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant Discharges to the POTW.

(c)   The following conditions shall apply to the schedule required by paragraph (b)(10) of this section:

(1)   The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the Industrial User to meet the applicable categorical Pretreatment Standards ( e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

(2)   No increment referred to in paragraph (c)(l) of this section shall exceed 9 months.

(3)   Not later than 14 days following each date in the schedule and the final date for compliance, the Industrial User shall submit a progress report to the Control Authority including, at 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 Industrial User to return the construction to the schedule established. In no event shall more than 9 months elapse between such progress reports to the Control Authority.

(d)   The city will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the city may issue a wastewater discharge permit subject to terms and conditions provided in this section.

(Ord. 3099, § 4.2.2, 7-22-91; Code 2016, Sec. 94-587; Ord. 3514)

Within 90 days of the promulgation of a federal categorical pretreatment standard, the wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a federal categorical pretreatment standard, has not previously submitted an application for a wastewater discharge permit within 180 days after the promulgation of the applicable federal categorical pretreatment standard. In addition, the user with an existing wastewater discharge permit shall submit to the city administrator, within 180 days after the promulgation of an applicable federal categorical pretreatment standard, the information required by section 15-821(a)(8) and (a)(9).

(Ord. 3099, § 4.2.3, 7-22-91; Code 2016, Sec. 94-588; Ord. 3514)

(a)   Wastewater discharge permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges and fees established by the city.

(b)   Permits may contain the following:

(1)   The unit charge or schedule of user charges and fees for the wastewater to be discharged to the POTW.

(2)   Limits on the average and maximum wastewater constituents and characteristics.

(3)   Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalizations.

(4)   Requirements for installation and maintenance of inspection and sampling facilities.

(5)   Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule.

(6)   Compliance schedules.

(7)   Requirements for submission of technical reports or discharge reports (see the reporting requirements of this subdivision).

(8)   Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city and affording city access thereto.

(9)   Requirements for notification of the city must receive prior notice of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system. The city will approve or deny any new changes in discharges.

(10) Requirements for notification of slug discharges.

(11) An individual wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. An individual wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the Superintendent. Each individual wastewater discharge permit will indicate a specific date upon which it will expire.

(12) A statement that the wastewater discharge permit is nontransferable without prior notification to the City in accordance with this ordinance, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.

(13) Effluent limits, including Best Management Practices, based on applicable Pretreatment Standards.

(14) Statement of applicable civil and criminal penalties for violation of Pretreatment Standards and requirements, and any applicable compliance schedule. Such schedules may not extend the compliance date beyond applicable federal deadlines.

(15) Other conditions as deemed appropriate by the city to ensure compliance with this article.

(Ord. 3099, § 4.2.4, 7-22-91; Code 2016, Sec. 94-589; Ord. 3514)

Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 90 days prior to the expiration of the user’s existing permit. The terms and conditions of the permit may be subject to modification by the city during the term of the permit as limitations or requirements as identified in division 4 of this article are modified or other just cause exists. The user shall be informed of any proposed changes in the user’s permit at least 30 days prior to the effective date of the change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

(Ord. 3099, § 4.2.5, 7-22-91; Ord. 3371, § 1, 8-25-09; Code 2016, Sec. 94-590; Ord. 3514)

Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be assigned, transferred or sold to a new owner, new user, different premises or a new or changed operation, without the approval of the city. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.

(Ord. 3099, § 4.2.6, 7-22-91; Code 2016, Sec. 94-591; Ord. 3514)

(a)   Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the city administrator a report containing the information described in section 15-821 (b)(15)(D) - (F). The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis. If additional pretreatment and/or O&M are required to meet the pretreatment standards, the user will submit to the city a compliance schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard; and, in addition, the following conditions shall apply to this schedule:

(1)   The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., selecting a consulting engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, plant start-up, etc.).

(2)   The total time allowed for completing of all increments of progress in the schedule shall not exceed 30 months.

(3)   Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the director 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 the delay, and the steps being taken by the user to return the construction to the schedule established.

(b)   Pursuant to the requirements of 40 CFR 403.12, the industrial user shall submit to the city all required reports, including baseline monitoring reports, compliance schedules, progress reports, permit application, 90-day compliance reports, self-monitoring reports or any other technical or discharge reports as directed by the city. If sampling performed by the industrial user indicates a violation, the user shall notify the control authority within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and submit the results to the control authority within 30 days after becoming aware of violations.

(c)   All reports specified in 40 CFR 403.12(1), including those listed in subsection (b) shall include the certification statement as set forth below and in 40 CFR 403.6(1)(2)(ii), and shall be signed by an authorized representative of the industrial user:

       “I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”

(Ord. 3099, § 4.3.1, 7-22-91; Code 2016, Sec. 94-592; Ord. 3514)

(a)   Any significant industrial user subject to pretreatment standards shall, at a frequency determined by the city administrator but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by such pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with this subdivision. In cases where the Pretreatment Standard requires compliance with a Best Management Practice (BMP) or pollution prevention alternative, the User must submit documentation required by the Superintendent or the Pretreatment Standard necessary to determine the compliance status of the User.

(b)   All wastewater samples must be representative of the industrial user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean and maintained in good working order at all times. The failure of an industrial user to keep its monitoring facility in good working order shall not be grounds for the industrial user to claim that sample results are unrepresentative of its discharge. The reports required in sections 15-821 (b), 15-826, and 15-827(a) must be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data are representative of conditions occurring during the reporting period. The Control Authority shall require that frequency of monitoring necessary to assess and assure compliance by Industrial Users with applicable Pretreatment Standards and Requirements. Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, 24-hour composite samples must be obtained through flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Control Authority. Where time-proportional composite sampling or grab sampling is authorized by the Control Authority, the samples must be representative of the Discharge and the decision to allow the alternative sampling must be documented in the Industrial User file for that facility or facilities. Using protocols (including appropriate preservation) specified in 40 CFR part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: For cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil & grease the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the Control Authority, as appropriate.

(c)   If an industrial user subject to the reporting requirement in and of this section monitors any pollutant more frequently than required by the POTW, using the procedures prescribed in this article the results of this monitoring shall be included in the report.

(Ord. 3099, § 4.3.2, 7-22-91; Code 2016, Sec. 94-593; Ord. 3514)

Any user who violates this article, or applicable state and federal regulations, is subject to having the user’s permit revoked in accordance with the procedures in this article.

(a)   Failure of a user to factually report the wastewater constituents and characteristics of the user’s discharge;

(b)   Failure of the user to report any and all significant changes in operations, or wastewater constituents and characteristics;

(c)   Refusal of reasonable access to the user’s premises for the purpose of inspection or monitoring; or

(d)   Violation of conditions of the permit.

(Ord. 3099, § 6.1, 7-22-91; Code 2016, Sec. 94-594; Ord. 3514)

When a public sanitary sewer shall become available, the building sewer shall be connected to the sewer within 60 days, and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.

(Ord. 3099, § 1.6(a), 7-22-91; Code 2016, Sec. 94-616; Ord. 3514)

(a)   No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sanitary sewer or appurtenance thereof without first obtaining a written permit from the city administrator.

(b)   There shall be two classes of building sewer permits:

(1)   Residential and commercial service;

(2)   Service to establishments producing industrial wastes;

For either permit, the owner or the owner’s agent shall make applications on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the city administrator. A permit and inspection fee in an amount established in the city’s fee resolution for a residential or commercial building sewer permit and an amount established in the city’s fee resolution for an industrial building sewer permit shall be paid to the city at the time the application is filed.

(Ord. 3099, § 1.6(b), (c), 7-22-91; Code 2016, Sec. 94-617; Ord. 3514)

All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

(Ord. 3099, § 1.6(d), 7-22-91; Code 2016, Sec. 94-618; Ord. 3514)

A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway. The building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

(Ord. 3099, § 1.6(e), 7-22-91; Code 2016, Sec. 94-619; Ord. 3514)

Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the code enforcement officer, to meet all requirements of this article.

(Ord. 3099, § 1.6(f), 7-22-91; Code 2016, Sec. 94-620; Ord. 3514)

The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the city. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and W.P.C.F. Manual of Practice No. 9 shall apply.

(Ord. 3099, § 1.6(g), 7-22-91; Code 2016, Sec. 94-621; Ord. 3514)

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sanitary sewer, wastewater carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

(Ord. 3099, § 1.6(h), 7-22-91; Code 2016, Sec. 94-622; Ord. 3514)

No person shall make connection of roof downspouts, exterior foundation, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

(Ord. 3099, § 1.6(i), 7-22-91; Code 2016, Sec. 94-623; Ord. 3514)

The connection of the building sewer into the public sanitary sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications of the ASTM and the W.P.C.F. Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the code enforcement officer before installation.

(Ord. 3099, § 1.6(j), 7-22-91; Code 2016, Sec. 94-624; Ord. 3514)

The applicant for the building sewer permit shall notify the code enforcement officer when the building sewer is ready for inspection and connection to the public sanitary sewer. The connection shall be made under the supervision of the code enforcement officer or a representative of the code enforcement officer, within 96 hours of the receipt of the notice to the code enforcement officer.

(Ord. 3099, § 1.6(k), 7-22-91; Code 2016, Sec. 94-625; Ord. 3514)

All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.

(Ord. 3099, § 1.6(l), 7-22-91; Code 2016, Sec. 94-626; Ord. 3514)

(a)   Purpose. It is the purpose of this section to provide for the recovery of costs from users of the POTW for the implementation of the program established in this article. The applicable charges or fees shall be set forth in the city’s schedule of charges and fees.

(b)   Charges and fees. The city may adopt charges and fees which may include:

(1)   Fees for reimbursement of costs of setting up and operating the city’s pretreatment program;

(2)   Fees for monitoring, inspections and surveillance procedures;

(3)   Fees for reviewing accidental discharge procedures and construction;

(4)   Fees for permit applications;

(5)   Fees for filing appeals; and

(6)   Other fees as the city may deem necessary to carry out the requirements contained in this article.

These fees relate solely to the matters covered by this article and are separate from all other fees chargeable by the city.

(Ord. 3099, §§ 3.1, 3.2, 7-22-91; Code 2016, Sec. 94-627; Ord. 3514)

(a)   No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the POTW. These general prohibitions apply to all such users of a POTW whether or not the user is subject to federal categorical pretreatment standards or any other federal, state or local pretreatment standards or requirements. A user may not contribute the following substances to the POTW:

(1)   Any liquid, solids or gases which by reason of their nature or quantity are, or may be, sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. Stream waste with a closed-cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Celsius) are prohibited. 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 nor any single reading over ten percent of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, fuel oil, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substances which the city, KDHE or EPA has notified the user is a fire hazard or a hazard to the system.

(2)   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 ½ of an inch in any dimension, animal guts or tissues, paunch manure, bones, hair hides or flashings [fleshings], entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining, processing of fuel or lubricating oil, mud or glass grinding or polishing wastes.

(3)   Any wastewater having a pH less than 5.0 or greater than 10.0 unless the POTW is specifically designed to accommodate such wastewater, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel of the POTW.

(4)   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, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW, or to exceed the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to section 307(a) of the act.

(5)   Any noxious or malodorous liquids, gases or solids which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.

(6)   Any substances which may cause the POTW’s effluent or any other product of the POTW such as residues, sludges or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under section 405 of the act; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or state criteria applicable to the sludge management method being used.

(7)   Any substance which will cause the POTW to violate its NPDES and/or the receiving water quality standards.

(8)   Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.

(9)   Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the POTW which exceeds 40 degrees Celsius (104 degrees Fahrenheit).

(10) Any pollutants, including oxygen demanding pollutants (BOD and COD), released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause interference to the POTW. In no case shall a slug load have a flow rate or contain concentration or qualities of pollutants that exceed for any time period longer than 15 minutes more than five times the average 24-hour concentration, quantities or flow during normal operation.

(11) Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the city administrator in compliance with applicable state or federal regulations.

(12) Any wastewater which causes a hazard to human life or creates a public nuisance.

(b)   No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process wastewaters to any sanitary sewer without approval from the city administrator.

(c)   Stormwater and all other unpolluted drainage shall be discharged to such sewers specifically designed as storm sewers, as approved by the city administrator and the state department of health and environment (KDHE). Industrial cooling water or unpolluted process waters may be discharged, on approval of the city administrator and KDHE, to a storm sewer, combined sewer or natural outlet. Such flows may be subject to federal and state regulations.

(d)   No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the federal categorical pretreatment standards, or in any other pollutant-specific limitation developed by the city or state.

(e)   No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely, in the opinion of the city administrator, 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 prope1ty, or constitute a nuisance. In forming an opinion as to the acceptability of these wastes, the city administrator will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials or construction of the sewers, nature of the wastewater treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant and other pertinent factors.

(1)   Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32 and 120 degrees Fahrenheit (zero and 49 degrees Celsius).

(2)   Any garbage that has not been properly shredded: The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the city administrator.

(3)   Any waters or wastes containing strong acid pickling wastes or concentrated plating solutions exceeding federal or local standards, whether neutralized or not.

(4)   Any waters or wastes containing heavy metals exerting an excessive chlorine requirement, to such a degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the city administrator for such materials, or pretreatment requirements established by state, federal or other public agencies of jurisdiction for such discharge.

(5)   Any waters or wastes containing phenols or other taste- or odor-producing substances, in such concentrations exceeding limits which may be established by the city administrator, as necessary, after treatment of the composite wastewater, to meet the requirements of the state, federal or other public agencies jurisdiction for such discharge.

(6)   Any waters or wastes containing dissolved sulfide in excess of five mg/l at the point of discharge into the municipal sewer system.

(7)   Unusual concentrations of inert suspended solids (such as, but not limited to fuller’s earth, lime slurries and live residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).

(8)   Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

(9)   Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through.

(f)    If any waters or wastes are discharged, or are proposed to be discharged to the public sanitary sewers, which waters contain the substances or possess the characteristics enumerated in subsection (e), and which in the judgment of the city administrator, may have a deleterious effect upon the POTW, processes, equipment or receiving waters, or would otherwise create a hazard to life or constitute a public nuisance, the city administrator may:

(1)   Reject the wastes;

(2)   Require pretreatment to an acceptable condition for discharge to the public sanitary sewers;

(3)   Require control over the quantities and rates of discharge; and/or

(4)   Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges.

If the city administrator permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the city administrator, and subject to the requirements of all applicable codes, ordinances and laws.

(g)   Any industrial user requesting sewer service shall establish, or cause to be established, its hydraulic and organic wastewater loading characteristics and shall present this information to the city administrator in such a manner that a rate can be established. For each industrial user an average daily flow and average BOD loading must be established by the following method: An estimate of flow will be determined by the city administrator or the representative of the city administrator for an industrial user’s premises and shall be based upon the aggregate quantity of water received from the city and all other sources. All water use records must be current and open to inspection by the city administrator or the representative of the city administrator. Grab and/or composite samples will be taken by the city administrator or the representative of the city administrator to establish organic parameters. Sampling frequency and techniques may be established by the city administrator in the industrial wastewater discharge permit.

(h)   Hauled wastes may not be discharged into the municipal sanitary sewer without the expressed written approval of the city administrator. No hauled waste may be discharged to the sanitary sewer at any point other than designated by the city administrator. When the city administrator determines that a user is contributing to the POTW, any of the above-enumerated substances in such amounts as to interfere with the operation of the POTW, the city administrator shall:

(1)   Advise the user of the impact of the contribution on the POTW; and

(2)   Develop discharge limitations for such user to correct the interference with the POTW.

(Ord. 3099, § 2.1, 7-22-91; Ord. 3371, § 2, 8-25-09; Code 2016, Sec. 94-651; Ord. 3514)

Upon the promulgation of any and all new federal categorical pretreatment standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this article for sources in that subcategory, shall immediately supersede the limitations imposed under this article. The city administrator shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12 and modifying all affected wastewater permits accordingly.

(Ord. 3099, § 2.2, 7-22-91; Code 2016, Sec. 94-652; Ord. 3514)

Where the city’s POTW achieves consistent removal of pollutants limited by federal pretreatment standards, the city may apply to the approval authority for modification of specific limits in the federal pretreatment standards. The term “consistent removal” shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the POTW to a less toxic or harmless state in the effluent which is achieved by the system 95 percent of the samples taken when measured according to the procedures set forth in section 403.7(c)(2) of 40 CFR 403, “General Pretreatment Regulations for Existing and New Sources of Pollution,” promulgated pursuant to the act. The city may then modify pollutant discharge limits in the federal pretreatment standards if the requirements contained in 40 CFR 403.7, are fulfilled and prior approval from the approval authority is obtained.

(Ord. 3099, § 2.3, 7-22-91; Code 2016, Sec. 94-653; Ord. 3514)

No person shall discharge wastewater containing in excess of the levels of specific pollutants contained in their wastewater discharge permit.

(Ord. 3099, § 2.4, 7-22-91; Code 2016, Sec. 94-654; Ord. 3514)

State requirements and limitation on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this article.

(Ord. 3099, § 2.5, 7-22-91; Code 2016, Sec. 94-655; Ord. 3514)

The city reserves the right to establish by ordinance more stringent limitations or requirements including the adoption of local pretreatment limits pursuant to 40 CFR 403.5(d) on discharges to the POTW if deemed necessary to comply with the objectives in section 15-803. All local limits are to meet with approval by KDHE and EPA.

(Ord. 3099, § 2.6, 7-22-91; Code 2016, Sec. 94-656; Ord. 3514)

(a)   Dilution. No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the federal categorical pretreatment standards, or in any other pollutant- specific limitation developed by the city or state.

(b)   Grease, oil and sand interceptors. Grease, oil and sand interceptors shall be provided when, in the opinion of the city administrator, 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 interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the city administrator and shall be located as to be readily and easily accessible for cleaning and inspection.

(Ord. 3099, § 2.7, 7-22-91; Code 2016, Sec. 94-657; Ord. 3514)

The city administrator may require any industrial user to develop and implement an accidental discharge/slug control plan. At least once every two years the city administrator shall evaluate whether each significant industrial user needs such a plan. Significant Industrial Users are required to notify the Superintendent immediately of any changes at its facility affecting the potential for a Slug Discharge. Any industrial user required to develop and implement as accidental discharge/control slug plan shall submit a plan which addresses, at a minimum, the following:

(a)   Description of discharge practices, including nonroutine batch discharges.

(b)   Description of stored chemicals.

(c)   Procedures for immediately notifying the POTW of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any of the prohibited discharges in section 94-651.

(d)   Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response.

(1)   Written notice. Within five days following an accidental discharge; the user shall submit a detailed written report to the city administrator 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 POTW, fish kills or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by the ordinance or other applicable law.

(2)   Notice to employees. A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees whom to call in the event of a dangerous accidental or intentional discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.

(Ord. 3099, § 2.8, 7-22-91; Code 2016, Sec. 94-658; Ord. 3514)

(a)   All Industrial Users shall promptly notify the Control Authority (and the POTW if the POTW is not the Control Authority) in advance of any substantial change in the volume or character of pollutants in their Discharge, including the listed or characteristic hazardous wastes for which the Industrial User has submitted initial notification under paragraph (b) of this section. Significant Industrial Users are required to notify the Superintendent immediately of any changes at its facility affecting the potential for a Slug Discharge.

(b)   Any industrial user who commences the discharge of hazardous waste shall notify the POTW, the EPA regional waste management division director, and state hazardous waste authorities in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261. Such notifications must include the name of the hazardous waste as set forth in 40 CFR 261, the EPA hazardous waste number, and the type of discharge (continuous, batch or other). If the industrial user discharges more than ten kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: An identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notification of changed discharges must be submitted. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of this article.

(c)   Dischargers are exempt from the requirements of subsection (a) during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes, as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.

(d)   In the case of any new regulations under section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the POTW, the EPA regional waste management waste division director, and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.

(e)   In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

(Ord. 3099, § 2.9, 7-22-91; Code 2016, Sec. 94-659; Ord. 3514)

No person shall knowingly make any false statements, representation or certification in any application, record report, plan or other document filed or required to be maintained pursuant to this article, or wastewater discharge permit, or falsify, tamper with, or knowingly render inaccurate any monitoring device or method required under this article.

(Ord. 3099, § 7.2, 7-22-91; Code 2016, Sec. 94-660; Ord. 3514)