HomeMy WebLinkAboutOrdinance 402 - Sewer Use Ordinance CHAPTER IV—WATER & SEWER
ORDINANCE 402 SEWER USE ORDINANCE ............................................................... 402-1
Section 402.01: PURPOSE AND POLICY................................................................. 402-1
Section 402.02: DEFINITIONS.................................................................................. 402-1
Section 402.03: INDIVIDUAL SEWAGE TREATMENT SYSTEM ......................... 402-6
Section 402.04: BUILDING SEWERS AND CONNECTIONS.................................. 402-6
Section 402.05: MAIN AND LATERAL SEWERS.................................................... 402-8
Section 402.06: PROTECTION FROM DAMAGE.................................................... 402-8
Section 402.07: USE OF PUBLIC SEWERS.............................................................. 402-8
Section 402.08: PHOSPHORUS MANAGEMENT.................................................... 402-9
Section 402.09: MERCURY MANAGEMENT.......................................................... 402-9
Section 402.10: INDUSTRIAL DISCHARGE PERMIT............................................402-11
Section 402.11: LIQUID WASTE HAULER REQUIREMENTS....................... 402-15
Section 402.12: PROHIBITIVE DISCHARGE..........................................................402-16
Section 402.13: LIMITATIONS ON WASTEWATER STRENGTH ........................402-18
Section 402.14: STRENGTH CHARGE SYSTEM....................................................402-20
Section 402.15: ACCIDENTAL AND SLUG DISCHARGES...................................402-21
Section 402.16: MONITORING................................................................................402-23
Section 402.17: PRETREATMENT ..........................................................................402-27
Section 402.18: CONFIDENTIAL INFORMATION.................................................402-28
Section 402.19: SEVERABILITY AND CONFLICTS..............................................402-28
Section 402.20: ENFORCEMENT ............................................................................402-29
Section 402.21: PENALTIES ....................................................................................402-30
Section 402.22: PUBLICATION OF SIGNIFICANT VIOLATIONS........................402-31
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ORDINANCE 402 SEWER USE ORDINANCE
Section 402.01: PURPOSE AND POLICY. This Sewer Use Ordinance (SUO) sets forth
uniform requirements for discharge into the City's Sanitary Sewer System (SSS) and enables the
City of St. Joseph to comply with all State (Minnesota Pollution Control Agency) and Federal
(U.S. Environmental Protection Agency) laws.
The objectives of this ordinance are:
a) To prevent the introduction of pollutants which will interfere with the operation of
the facilities; and
b) To prevent the introduction of pollutants which will pass through the system
inadequately treated into receiving waters of the State or the atmosphere or
otherwise be incompatible with the system; and
C) To comply with Federal(EPA) and State(MPGA) rules and regulations in to
maintain eligibility for federal and state grants and loans for construction for
improvements or upgrades; and
d) To improve the ability to recycle and reclaim wastewater and biosolids from the
system.
The ordinance provides for the regulation of discharges to the SCWWTS through the
issuance of permits to specific users and through enforcement of the general requirements for all
users, authorizes monitoring and enforcement activities, provides for penalty relief, requires user
reporting, and provides for the method of setting fees necessary to carry out the program
established herein.
The ordinance shall apply to the City of St. Joseph and to persons outside the City who
are, by contract or agreement with the City, users of the City's SSS. Except as otherwise
provided herein, the City shall administer, implement and enforce the provisions of this
ordinance.
Section 402.02: DEFINITIONS. Unless the context specifically indicates otherwise, the
following terms, as used in this ordinance, shall have the meanings hereinafter designed.
Subd. 1: Act. The Federal Water Pollution Control Act, as amended, commonly referred
to as the Clean Water Act, United States Code, Title 33, Sections 1251, et. seq.
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Subd. 2: Best Management Practices (BMP). The schedule of activities, prohibitions of
practices, maintenance procedures, and other management practices to implement the
prohibitions listed in 40 CFR 403.5. BMP also include treatment requirements, operating
procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal,
or drainage from raw material storage.
Subd. 3: Biosolids. The nutrient-rich organic treated and tested residuals from the
wastewater treatment process that meet federal and state standards for beneficial reuse as a
fertilizer and as a soil conditioner.
Subd. 4: Building Drain. 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 (5') (1.5 meters) outside the
inner face of the building wall.
Subd.5: Building Sewer or Sanitary Sewer Service. The extension from the building
drain to the public sanitary sewer main or other place of disposal.
Subd. 6: Carbanaceous Biochemical Oxygen Demand or CBOD. The quantity of
oxygen utilized in the biochemical oxidation of organic matter, in the presence of a nitrification
inhibitor, under standard laboratory procedures in five (5) days at 20 degrees centigrade
expressed in terms weight and concentration (milligrams per liter—mg/1).
Subd. 7: CFR. The Code of Federal Regulations, which is the codification of general
and permanent rules of departments and agencies of the federal government.
Subd. 8: Chemical Oxygen Demand or COD. The measure of the oxygen equivalent of
that portion of organic matter that is susceptible to oxidation by a strong chemical oxidant, using
EPA approved laboratory procedures.
Subd.9: City. The area within the corporate boundaries of the City of St. Joseph, as
presently established or as amended by ordinance or other legal actions at a future time. When
used herein, the term City may also refer to the City Council or its authorized representatives.
Subd.10: Cooling Water. The water discharged from any use such as air conditioning,
cooling, or refrigeration, or during which the only pollutant added to the water is heat.
Subd.11: Domestic Waste or Normal Domestic Strength Wastewater. Wastes from
residential users and from the sanitary conveniences of multiple dwellings, commercial
buildings, institutions, and industrial facilities.
Subd.12: EPA. The U.S. Environmental Protection Agency.
Subd.13: Flow. The quantity of at which wastewater expressed in gallons or cubic feet
per twenty-four (24) hours.
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Subd.14: General Pretreatment Regulations. The general pretreatment regulations for
existing and new sources of pollution promulgated by EPA under Section 307 (b) and (c) of the
Act and found at 40 CFR Part 403.
Subd.15: Indirect Discharge. The introduction of pollutants or wastes into the City's SSS
from any nondomestic source regulated under Section 301(b), (c), or(d) of the Act.
Subd.16: Individual Sewage Treatment System Permit. The permit required of a person
to construct a private wastewater disposal system.
Subd.17: Industrial Discharge Permit or Permit. A permit issued by the City of St.
Joseph to an Industrial User to use the City's sanitary sewer system as established herein.
Subd.18: Industrial Waste. Solid, liquid, or gaseous wastes, excluding domestic waste,
resulting from any industrial, manufacturing, commercial, institutional or business activity, or
from the development, recovery, or processing of a natural resource.
Subd.19: Industrial User. Any person who discharges industrial waste into the City's
SSS.
Subd.20: Interference. A discharge which alone or in conjunction with a discharge or
discharges from other sources inhibits or disrupts the City's SSS, its treatment process,
operations or solids process, use or disposal and , therefore, is a cause of a violation of any
requirement of the St. Cloud WWTF's NPDES Permit or the prevention of biosolids use or
disposal with statutory provisions and regulations or permits..
Subd. 21: Leachate. Wastewater resulting from the percolation of rain water and/or
internal liquids through the deposited material in a solid waste disposal facility.
Subd. 22. Liquid Waste._Wastewater that is collected from residential units,
commercial/industrial buildings and institutions within the community.
Subd. 23. Liquid WasteHauler. A user that transports waste for the purpose of discharge
to the City's SSS.
Subd.24: Local Limits. Discharge limitations established by the City to protect the
wastewater treatment process, infrastructure and the beneficial reuse of biosolids.
Subd.25: MPGA. The Minnesota Pollution Control Agency.
Subd. 26: MRP. Mercury Reduction Plan to ensure the maximum allowable mercury
loading to the WWTF is not exceeded.
Subd.27: National Pollutant Discharge Elimination System (NPDES)Permit. Any
permit or requirements issued by the Minnesota Pollution Control Agency (MPGA)pursuant to
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the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq); for the purpose of
regulating the discharge of wastewater, industrial wastes, or other wastes under the authority of
Section 402 of the Act.
Subd.28: Ordinance. The set of rules contained herein governing the discharge of
wastewater to the City's SSS.
Subd.29: Permittee. An industrial user authorized to discharge industrial waste into the
City's SSS pursuant to an Industrial Discharge permit.
Subd.30: Person. The State or any agency or institution thereof, any municipality,
governmental subdivision, public or private corporation, individual, partnership or other entity,
including, but not limited to, association, commission or any interstate body, and including any
officer or governing or managing body of any municipality, governmental subdivision or public
or private corporation, or other entity.
Subd.31: pH. The logarithm of the reciprocal of the concentration of hydrogen ions in
moles per liter of a solution. It is a measure of the acidity or basicity of a waste.
Subd.32: Phosphorus Management Plan. The strategy used by the City, including
pretreatment and operational procedures to reduce the amount of phosphorus discharged to the
environment
Subd.33: Phosphorus Reduction Strategy (PRS). The process of reporting, evaluating
and reducing the amount of phosphorus discharged to the City's SSS.
Subd.34: Pretreatment. The process of reducing the amount of pollutants, eliminating
pollutants, or altering the nature of pollutant properties in wastewater to a less harmful state prior
to or in lieu of discharging or otherwise introducing such pollutants into the City's SSS. The
reduction, elimination, or alteration may be obtained by physical, chemical or biological
processes, process changes or other means, except as prohibited by this ordinance.
Subd.35: Pretreatment Standards. Standards for industrial groups (categories)
promulgated by EPA pursuant to the Acts which regulate the quality of effluent discharge to
publicly owned treatment works and must be met by all users subject to such standards.
Subd. 36: Public Utility. The unit of municipal government and its people responsible
for the operation of the City's SSS and this ordinance.
Subd 37: Publicly Owned Treatment Works (POTW). The treatment works as defined
by Section 212 of the Act which is owned by the City of St. Cloud. This includes any devices
and systems used in the storage, treatment, recycling, and reclamation of municipal solids
residual or industrial wastewater of a liquid nature. It also includes sewers, pipes, and other
conveyances only if they convey wastewater to the WWTF. The term also means the
municipality as defined in Section 502(4) of the Act, which has jurisdiction over the indirect
discharges to and the discharges from such a treatment system.
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Subd. 38: Residual Solids. Solids and associated liquids in municipal wastewater which
are encountered and concentrated by a municipal wastewater treatment facility.
Subd.39: Sewer. A pipe or conduit for carrying wastewater , industrial wastewater or
other waste liquids.
Subd.40: Sanitary Sewer). Pipes or conduits, pumping stations, forcemains, and all other
devices and appliances appurtenant thereto, used for collecting or conducting wastewater.
Subd. 41: Sanitary Sewer System (SSS): The City of St. Joseph's sanitary sewer system
including all sanitary sewer collection pipes, lift stations and forcemains. The SSS also includes
the St. Cloud Wastewater Treatment Facility (WWTF) and the St. Cloud Sanitary Sewer
Collection System, lift stations and forcemains.
Subd. 42: St. Cloud Area Wastewater Advisory Committee (SCAWAC). An advisory
group whose objectives are to share information, improve understanding of regional wastewater
issues, and to improve the level of cooperation in the resolution of regional wastewater issues.
Subd. 43: Shall is mandatory; May is permissive.
Subd. 44: Significant Industrial User or SN. All Industrial Users subject to categorical
pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N and any other
Industrial User that discharges an average of 25,000 gallons per day or more of process
wastewater to the SSS (excluding sanitary, non-contact cooling and boiler blow down
wastewater), contributes a process waste stream which makes up 5 percent or more of the
average dry weather hydraulic or organic capacity of the SSS , or is designated as such by the
control authority as defined in 40 CFR 403.12 (a) on the basis that the Industrial User has a
reasonable potential for adversely affecting the SSSoperation or for violating any pretreatment
standard or requirement in accordance with 40 CFR 403.8 (f)(6). If, upon finding that an
Industrial User meeting the criteria of this subdivision has no reasonable potential for adversely
affecting the SSS'soperation or for violating any pretreatment standard or requirement, the
control authority, as defined in 40 CFR 403.12 (a), may, at any time, on its own initiative or in
response to a petition received from an Industrial User or SSS and in accordance with 40 CFR
403.8 (f)(6) determine that such Industrial User is not a Significant Industrial User. The City
may determine that an Industrial User subject to categorical Pretreatment Standards under 40
CFR 403.6 and 40 CFR Chapter 1, subchapter N is a Non-Significant Categorical Industrial User
rather than a Significant Industrial User on a finding that the Industrial User never discharges
more than 100 gallons per day (gpd) of total categorical wastewater(excluding sanitary, non-
contract cooling water and boiler blowdown wastewater, unless specifically included in the
Pretreatment Standard) and the conditions are met as stated in 40 CFR 403.3 (v) (2) (i, ii, iii).
Subd. 45: Slug. Any waste discharge, of water or wastewater which in concentration of
any given constituent or in quantity of flow, exceeds four(4) times the average twenty-four (24)
hour concentration or flow during normal operation which may by itself or in combination with
other wastes cause an interference within the SSS.
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Sub.46: Storm Water. Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
Subd. 47: Storm Sewer (sometimes termed Storm Drain). A sewer which carries storm
and surface water and drainage, but excludes wastewater and industrial wastes, other than
unpolluted cooling or process water.
Subd. 48: Sump Pump. A pump, which removes storm or ground water from a sump
well.
Subd. 49: Total Suspended Solids (TSS). The total suspended matter that either floats on
the surface of, or is suspended in water, wastewater or other liquids, and which is removable by a
standard glass fiber filter.
Subd. 50: Total Toxic Or ag mics. The summation of all values greater than 0.01 mg/l of
toxic organics listed in Section 307 (A) of the Act.
Subd. 51: Unpolluted Water. Clean water uncontaminated by industrial wastes, other
wastes, or any substance which renders such water unclean, or noxious, or impure so as to be
actually or potentially harmful or detrimental or injurious to public health, safety or welfare, to
domestic, commercial, industrial or recreational use, or to vegetation, domestic animals
livestock, wild animals, birds, fish, or other aquatic life.
Subd. 52: User. Any person who discharges, causes or permits the discharge of
wastewater into the SSS.
Subd. 53: Wastewater. The liquid and water-carried industrial or domestic wastes from
dwellings, commercial buildings, industrial facilities, and institutions, together with any
groundwater, surface water, and storm water that may be present, whether treated or untreated,
which is discharged into or permitted to enter the City's SSS.
Section 402.03: INDIVIDUAL SEWAGE TREATMENT SYSTEM.
Subd. 1: Where a public sanitary sewer is not available, the building sewer shall be
connected to an individual sewage treatment system complying with the provisions of this
Section 402.01, Sewage Treatment Systems and Minnesota Pollution Control Agency Rules,
Chapter 7080. The provision of this subsection shall be in addition to any requirements
established by applicable federal, state, or local laws and regulations and shall not be construed
to relieve any liability or obligation imposed by such laws and regulations.
Subd. 2: Any person operating a private wastewater disposal system who wishes to
discharge waste products to the City's SSS resulting from the treatment of domestic wastewater
only shall by obtaining permission from the City prior to the discharge occurring.
Section 402.04: BUILDING SEWERS AND CONNECTIONS.
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Subd. 1: No person unless authorized shall uncover, make any connections with or
disturb any public sewer or appurtenance thereof, unless and until a Sewer Connection Permit
and an Excavation Permit are obtained from the City Administrator. Fees for each of these
permits shall be established by the City Council, and the Excavation Permit shall be subject to
the provisions of Ordinance No. 507.
Subd. 2: Sewer Hook-up Charge. Repealed on 9/9/04 and replaced with Ordinance 404.
Subd. 3: All costs incurred in the installation, maintenance, repair, replacement, and
connection of the building sewer to the sanitary sewer main shall be borne by the owner. The
owner shall indemnify and hold harmless the City from any loss or damage to the public sewer
that may directly or indirectly be occasioned by the installation of the building sewer.
Subd. 4: 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, courtyard, or
driveway. The building sewer from the front building may be extended to the rear building and
the whole considered as one building sewer, provided that the City shall require a written
agreement between the property owners as to the share of the costs of construction and
maintenance which each will contribute.
Subd. 5: Old building sewers may be used in connections with new buildings only when
they are found, on examination and tested by the City, to meet all requirements of this ordinance.
Subd. 6: The size, slope, alignment, materials of construction of a building sewer, and
the method 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 code or other
applicable rules and regulations. . In the absence of code provisions or in amplification thereof,
the materials and procedures set forth in Practice No. 9 and applicable American Society of
Testing and Materials (ASTM) standards shall apply.
Subd. 7: 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 sewer, such building drain shall be provided with a lifting
device approved by the Plumbing Inspector and discharged to the building sewer.
Subd. 8: No person shall make connection of roof downspouts, sump pumps, 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.
Subd. 9: The construction of the building sewer and its connection into the public sewer
shall conform to the requirements of the building and plumbing code, the sewer specifications
included herein, or other applicable rules and regulations and the procedures set forth in
appropriate specifications of the Water Pollution Control Federation Manual(ASTM). All such
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construction shall be made gastight and watertight. Any deviation from the prescribed
procedures and materials must be approved by the Plumbing Inspector before installation.
Subd. 10: Employees or designated agents of the City shall be allowed to inspect the
work at any stage of construction and, in any event, the applicant for the connection shall notify
the Plumbing Inspector when the work is ready for final inspection and no underground portions
shall be covered before the final inspection is completed. The connection shall be made under the
supervision of the City.
Subd. 11: Any new connections to the sanitary sewer shall be prohibited unless sufficient
capacity is available in all downstream facilities as determined by the City.
Section 402.05: MAIN AND LATERAL SEWERS.
Subd. 1: No person, unless authorized by the City, shall uncover, make any connections
with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first
complying with the provisions of Section 402.04 and obtaining a written permit from the City.
Subd. 2: No sanitary or storm sewers shall be constructed in the City (except building
drains or building sewers) except by written approval of the City, and subject to inspection
during construction by employees or designated agents of the City. No such sewers shall be
considered to be a part of the public sewer system unless accepted by the City.
Subd. 3: The size, slope, alignment, material of construction, methods to be used in
excavation, placing of pipe,jointing, testing, backfilling and other work connected with the
construction of sewers shall conform to the requirements of the City.
Section 402.06: PROTECTION FROM DAMAGE. No person shall maliciously,
willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance, or equipment which is a part of the SSS.
Section 402.07: USE OF PUBLIC SEWERS.
Subd. 1: 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 ordinance.
Subd. 2: As set forth in Section 402.03, 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.
Subd. 3: The owner of any building or property which is located within the City, or in
any area under the jurisdiction of the City, and from which wastewater is discharged, shall be
required to connect to a public sewer system at the owner's expense within ninety (90) days after
service of official notice to do so,provided that sanitary sewer is reasonably available. Said
ninety (90) days shall be consecutive calendar days exclusive of the days between November 1
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and May 15. Additionally, if the building or property is used for human occupancy, employment
or recreation, the owner shall be required to install at the same time toilet facilities in accordance
with the Minnesota Building Code and other ordinances of the City.
Subd. 4: In the event an owner shall fail to connect to a public sewer in compliance with
a notice given under Section 402.07 Subd. 3 of this ordinance, the City may undertake to have
said connection made and shall assess the cost thereof against the benefited property and said
assessment shall be a lien against said property. Such assessment, when levied, shall bear interest
at the rate determined by the Council, the rate of eight percent (8%)per annum and shall be
certified to the auditor of the county in which the land is situated and shall be collected and
remitted to the City in the same manner as assessments for local improvements. The rights of the
City under this subdivision shall be in addition to any other remedial or enforcement provisions
of this ordinance.
Subd. 5: No person shall discharge or cause to be discharged directly or indirectly any
storm water, surface water, groundwater, roof runoff, sump pump discharge, sub-subsurface
drainage, unpolluted cooling or process water to any sanitary sewer unless there is no prudent
and feasible alternative and unless as approved by the City.
Subd. 6: Storm water and all other unpolluted water shall be discharged to a storm sewer,
except that unpolluted cooling or process water shall only be so discharged upon approval by the
City and the user may be required to obtain a NPDES Permit from the MPGA.
Section 402.08: PHOSPHORUS MANAGEMENT.
Subd.1: Any non-domestic, i.e. commercial or industrial, source may be included as part
of the Phosphorus Management Plan (PMP) and required to evaluate their phosphorus discharge
to the SSS.
Subd. 2: Any significant non-domestic nutrient contributor(NDNC) of phosphorus, as
determined by the City will be required to develop a Phosphorus Reduction Strategy (PRS). The
NDNC will evaluate and/or update the PRS to include methods and/or steps taken to eliminate or
reduce phosphorus loading to the SSS.
Section 402.09: MERCURY MANAGEMENT
Subd. 1: Mercury levels shall not be detectable above 0.2 micrograms per liter in the
wastewater discharge to the SSS. Mercury sampling procedures, preservation and handling and
analytical protocol for compliance monitoring shall be in accordance with EPA Method 245.1 or
another method approved or required by the City. The level of detection developed in
accordance with the procedures specified in 40 CFR 136, shall not exceed 0.2 micrograms per
liter for mercury, unless higher levels are appropriate due to matrix interference.
Subd. 2: To ensure that the maximum allowable mercury loading to the WWTF is not
exceeded, the WWTF may require non-domestic users with a reasonable potential to discharge
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mercury to develop, submit for approval and implement a Mercury Reduction Plan (MRP). At a
minimum, an approved MRP shall contain the following:
a) A written commitment by the non-domestic user to reduce all non-domestic
discharges of mercury to levels below the level of detection within 36 months of
the MRP's original approval date.
b) Within 60 days of notification by the WWTF that a MRP is required, the non-
domestic user shall supply an initial identification of all potential sources of
mercury which could be discharged to the WWTF.
C) Specific strategies for mercury reduction with reasonable time frames for
implementation, capable of ensuring that mercury discharges will be below the
specified level of detection within 36 months.
d) A program for quarterly sampling and analysis of the non-domestic discharge for
mercury in accordance with EPA method 245.1
e. A demonstration of specific, measurable and/or otherwise quantifiable mercury
reductions consistent with the goal of reducing mercury discharges below the
specified level of detection. Where such reductions cannot be demonstrated
through normal effluent monitoring (e.g. mercury discharges are already near
level of detection), the demonstration should incorporate the following:
i. Internal process monitoring, documenting the results of mercury reduction
strategies at sampling locations within the facility (e.g. a program of
regular monitoring of sink traps where mercury containing reagents had
previously been disposed of, but have since been substituted by non-
mercury containing compounds.
ii. Internal and/or effluent sampling utilizing clean and/or ultra-clean
sampling and analytical methods as referenced by the EPA Federal
Register. The results of such monitoring will not be used for compliance
purposes unless performed in accordance with EPA Method 245.1 and
collected at the appropriate compliance measurement location; and
iii. Loading calculations wherein the non-domestic user calculates the total
mass of mercury reduced from the sanitary sewer discharge through
reagent substitutions, changes in disposal practices and/or other approved
MRP strategies implemented.
f A semi-annual report on the status of the mercury reduction efforts. At a
minimum, these reports shall: identify compliance or noncompliance with
specific reduction commitments in the MRP; summarize the analytical, mass-
based or quantifiable demonstration of mercury reductions performed to date;
provide all applicable analytical data;provide an evaluation of effectiveness of
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actions to date;provide updates to the initial list of mercury containing
compounds discharged to the sanitary sewer and propose for approval new
strategies and/or modifications to the current MRP to continue and improve
mercury reduction efforts.
g. Failure to submit an appropriate MRP within 30 days of the required due date
shall constitute significant non-compliance in accordance with this Section, and
will result in publication as a significant violator;
h. A non-domestic user may request a variance from MRP requirements if all
samples of the discharge for a period of one year are less than the specified level
of detection; the non-domestic user has complied with the minimum monitoring
frequency of quarterly sampling events and the City deems that the MRP
commitments have been fulfilled sufficiently to ensure continued compliance with
the mercury limitation. Notice of approval or disapproval of the variance from
MRP requirements will be made in writing from the City.
i. If a MRP variance is issued, the non-domestic user remains subject to the local
limitation for mercury.
Subd. 3: If mercury is determined at levels above 0.2 micrograms per liter, the
contributing User shall reimburse the City for all sampling and testing associated with the
compliance monitoring and investigating the mercury source.
Section 402.10: INDUSTRIAL DISCHARGE PERMIT
Subd. 1: Permit Requirement. Industrial users discharging wastewater to the SSS shall
apply for an industrial discharge permit in accordance with these rules unless the City determines
that the wastewater has an insignificant impact to the collection system or the WWTF. No
industrial user requiring a permit shall discharge to the SSS until the industrial user has been
issued a permit. Issuance of an industrial discharge permit shall not relieve the industrial user
from any obligation to obtain any hazardous waste license required by other authorities or to
comply with any other local, state, or federal requirements regarding waste disposal.
The criteria to be utilized by the City to determine if an Industrial Discharge Permit will
be required shall include:
a) An average flow greater than 25,000 gallons per operating day, or
b) A pollutant concentration of greater than 50% for one or more regulated
pollutants at the point of discharge or;
C) Has properties in the discharge for it to be constituted a prohibited discharge, or;
d) Has been pretreated or passed through an equalization tank before discharge, or;
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e) A hydraulic or organic loading greater than 5% of the average dry weather
capacity of the WWTF or;
f) An industrial process regulated by EPA categorical standards, or
g) Other criteria as designated by the WWTF as defined in 40 CFR 403.12 (a).
Subd. 2: Permit Application.
a) Existing Significant Industrial User. An existing Significant Industrial User or
other person who is required to obtain an Industrial Discharge Permit shall
complete and file a permit application with the City within (ninety) 90 days of
notification. The appropriate permit fee as provided by Council resolution shall
accompany the permit application form at the time of application. A user shall
have one year from the date of notification by the City to obtain an Industrial
Discharge Permit.
Subd. 3: New Significant Industrial Users. All new significant industrial users proposing
to connect or to commence a new discharge into the wastewater disposal system shall apply for
an Industrial Discharge Permit prior to connection to or discharging into the City's SSS. No
discharge to the City's SSS can commence until an Industrial Discharge Permit is received unless
the City has ruled that:
a) An industrial discharge permit is not required, and
b) A discharge waiver is granted to commence discharge pending final action by the
City.
Subd. 4: Incomplete or Deficient Application. If the permit application is incomplete or
otherwise deficient, the City will advise the applicant of such incompleteness or deficiency. An
Industrial Discharge Permit shall not be issued until an application is complete.
Subd. 5: Issuance of Industrial Discharge Permit. Within sixty (60) days after receipt of
a completed application form from the industrial user, the City shall, upon a determination that
the applicant is capable of compliance with the Industrial Discharge Permit conditions and these
rules, issue an Industrial Discharge Permit subject to the terms and conditions provided herein.
The following are types of Industrial Discharge Permits:
a. Standard Permit, with requirements for a specific facility, will be issued to an
industrial user with a direct discharge connection to a public sewer. A Standard
Permit will be issued to each Significant Industrial User, and other industrial users
determined by the City.
Subd. 6: Permit Conditions. Industrial Discharge Permits shall be expressly subject to
all provisions of this ordinance and all other applicable regulations, user charges and fees
established by the City Council. Permits shall contain the following:
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a) A summary of the penalties and charges applicable for violations of the terms of
permit as provided in Section 402.10 of this ordinance.
b) The unit charges or schedule of user charges and fees for the wastewater to be
discharged to the SSS.
C) Limits on the average and maximum wastewater constituents and characteristics
either in terms of concentration, mass limitations, or other appropriate limits;
d) Limits on average and maximum rate and time of discharge or requirements for
flow regulations and equalization;
e) Requirements for installation and maintenance on inspection and sampling
facilities;
f) Requirements for access to the permittee's premise and records;
g) Requirements for installation, operation, and maintenance of pretreatment
facilities; (see Section 402.17 on pretreatment);
h) Specifications for monitoring programs which may include sampling locations,
frequency and method of sampling, number, types and standards for tests and self
reporting schedule;
i) Compliance schedules;
j. Requirements for maintaining and retaining records relating to wastewater
discharge as specified by the City, and affording the City access thereto;
k) Requirements for notification to the City of any new introduction of wastewater
constituents or any substantial change in the volume or character of the
wastewater constituents being introduced into the City's SSS.
1) Requirements for notification of sludge discharge as provided in Section 402.15;
of this ordinance; and
m) The requirement for Industrial Discharge Permit transfer as stated herein; and
n) Other conditions as deemed appropriate by the City to ensure compliance with
this ordinance.
Subd. 7: Permit Modification, Suspension, and Revocation. An Industrial Discharge
Permit may be modified, suspended or revoked, in whole or in part by the City during its term
for cause, including:
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a) Violation of these rules;
b) Violation of any terms or conditions of the Industrial Discharge Permit;
C) Obtaining an Industrial Discharge Permit by misrepresentation or failure to
disclose fully all-relevant facts;
d) Amendment of these rules;
e) A change in the wastewater treatment process, which results in the permittee's,
discharge having a significantly different and negative impact on the process;
f) A change in the permittee's industrial waste volume or characteristics which the
permittee knows or has reason to know will or is likely to have, either by itself or
by interaction with other wastes, a negative impact on the treatment process;
g) A change in the WWTF's NPDES or SDS Permit requirements, or any other
changes made by Local, State and/or Federal rules; and
h) A determination by the City that the permittee's discharge reasonably appears to
present an imminent endangerment to the health or welfare of persons, present an
endangerment to the environment, or threaten interference with the operation of
the SSS.
Subd. 8: Time Schedule for Compliance. Any modifications in the Industrial Discharge
Permit shall specify a reasonable time schedule for compliance.
Subd. 9: Refund of Permit Fee on Surrender or Revocation. A permittee may surrender
an Industrial Discharge Permit to the City prior to the permit's scheduled termination. In the
event that a permit is surrendered or revoked, the permittee shall be refunded a pro rata portion
of the permit fee paid.
Subd. 10: Permit Duration. Permits shall be issued for a specified time period, not to
exceed five (5) years. The user shall apply for permit reissuance a minimum of 180 days prior to
the permit's expiration date by filing with the City a permit reissuance application. 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 Section 402.10 are modified or other just cause
exists. The user shall be informed prior to the effective date of change. Any changes or new
conditions in the permit shall include a reasonable time schedule for compliance.
Subd. 11: Permit Transfer. Industrial Discharge Permits are issued to a specific user, at a
specific location, for a specific operation. An Industrial Discharge Permit shall not be reassigned
or transferred or sold to a new owner, new user, different premises, or a new or changed
operation without the approval of the City. Any succeeding owner or user shall also comply
with the terms and conditions of the existing permit until its expiration date. In the event of a
change in the entity owning the industrial discharge facilities for which there is an Industrial
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Discharge Permit, the prior owner, if feasible, shall notify the City and the succeeding owner of
said change in ownership and of the provisions of the Industrial Discharge Permit and these
Rules. The new owner shall submit a new permit application or shall submit to the City an
executed statement agreeing to be bound by the terms and conditions of the existing Industrial
Discharge Permit for the facility, in which case, upon consent of the City, the permit shall
continue in effect.
Subd. 12: Permit Fees. The Industrial Discharge Permit fee, paid to the City, for total
waste (million gallons per year) for both initial and reissuance shall be set from time to time, by
a resolution of the City Council. Separate fees shall be established for the following categories:
a) Less than one (1) million gallons per year, annual permit fee of$200 paid at the
time of issuance or re-issuance of industrial permit agreement.
b) Between one (1) and ten (10) million gallons per year, annual permit fee of
$ 300 paid at the time of issuance or re-issuance of industrial permit agreement.
C) Greater than ten (10) million gallons per year, annual permit fee of$ 400
paid at the time of issuance or re-issuance of industrial permit agreement.
d) Permit Application and Re-issuance Application fee of$ 100.
Subd. 13: Permit Violation Fees. Permitees shall pay violation fees as follows by forty-
Five (45) days of the original report due date:
a) Discharge Violation Fee of$100.
b) Late Industrial Discharge Monitoring Report Fee of$ 100
C) Permit Violation Fee of$ 100.
Section 402.11: Liquid Waste Hauler Requirements
Subd. 1: Liquid Waste Haulers: Liquid Waste Haulers_are not permitted to discharge
residential, commercial or industrial waste into the SSS. Exceptions may be granted for waste
from City Parks as approved by the City.
Subd. 2: Contaminated Groundwater Discharge Requirements: Any
Person seeking to discharge contaminated groundwater into the SSS shall apply to the City for
discharge approval.
a. Application: A written application for approval to discharge leachate or
contaminated groundwater into the SCWWTS shall be submitted to the City
according to the following:
i. An application for approval to discharge shall be submitted at least 15
days prior to initiation of the proposed discharge;
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ii. An application for approval to discharge for a duration greater than six (6)
months shall be submitted at least 90 days prior to initiation of the
proposed discharge.
iii. The application shall be made in a form established by the City.
b. Approval or Denial:Upon receipt of a complete application for discharge
approval, the City shall:
i. Within 30 days, issue a written approval for discharges that will not
exceed six (6) months in duration; or
ii. Within 90 days, issue an industrial discharge permit for discharges that
will exceed six (6) months of duration; or
iii. Deny the request for discharging the SSS and state the reasons for denial
C. Conditions of Discharge: Any person who has obtained a written approval or a
permit shall discharge in accordance with the terms of the approval or permit, any
other applicable provisions of these rules, applicable pretreatment standards under
the Act, and any other requirements set forth by the City.
Section 402.12: PROHIBITIVE DISCHARGE
Subd. 1: No person shall discharge or cause to be discharged, directly or indirectly, into
the SSS any of the following:
a) Any combustible, flammable or explosive solids, liquids, or gases which by their
nature or quantity will or are likely to cause either alone or by interaction with
other substances a fire or explosion or be injurious to the treatment facility
operation. At no time shall two (2) successive readings on an explosimeter, at the
point of discharge into the sewer system, be more than five percent (5%) nor shall
there by any single reading over ten percent (10%) of the Lower Explosive Limit
(LEL). Prohibited materials include but are not limited to gasoline, kerosene,
naphtha, fuel oil, lubricating oil, benzene, toluene, xylene, ethers, alcohols, and
ketones.
b) Any solids or viscous substances which will or are likely to cause obstruction to
the flow in a sewer or interference with the operation of the wastewater treatment
facility. These include but are not limited to garbage with particles greater than
one-half inch (1/2") in any dimension, grease, animal guts or tissues, bones, hair,
hides or fleshings, entrails, feathers, ashes, sand, spent lime, stone or marble dust,
metal, glass, grass clippings, rags, spent grains, waste paper, wood,plastic, gas,
tar, asphalt residues, residues from refining or processing of fuel or lubricating
oil, glass grinding and polishing wastes.
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C) Any wastewater having a pH less than 5.0 or greater than 12.0 or having any
corrosive property that will or is likely to cause damage or hazard to structures,
equipment, or employee of the City.
d) Any alkaline wastewater which alone or with others will or is likely to cause an
elevated pH in the treatment facility influent so as to result in an inhibiting effect
on the biological process or encrustation to the system sewer.
e) Any wastewater containing toxic or poisonous pollutants in sufficient quantity,
either by itself or by interaction with other pollutants, that will or is likely to cause
interference or constitute a hazard to humans. (A toxic pollutant shall include but
not be limited to any pollutant identified pursuant to Section 307 (a) of the
Federal Water Pollution Act)
f) Any noxious or malodorous solids, liquids, or gases, which either by itself or by
interaction with other wastes, will or are likely to create a public nuisance or
hazard to life or prevent the entry of City employees into a sewer for its
monitoring, maintenance, and repair.
g) Any wastewater which will or is likely to cause excessive discoloration in
treatment plant facility effluent.
h) Wastes, other than Domestic Wastes, that is infectious before discharging into the
sewer.
i) Any solids residual from an industrial pretreatment facility except as provided in
Section 402.17.
j) Heat in amounts which will or which is likely to inhibit biological activity in the
treatment facility, but in no case heat in such quantities that the Industrial User's
waste temperature is greater than 65 C (150 F) at its point of discharge to the
sewer system, or heat causing, individually or in combination with other
wastewater, the influent at the wastewater treatment plant to have a temperature
exceeding 40 C (104 F).
k) Any wastewater containing fat, wax, grease or oil in excess of 100 mg/l that will
or is likely to solidify or become viscous at temperatures between 0 C (32 F) and
65 C (150 F) and which will or is likely to cause interference at the WWTF,
including petroleum oil, non-biodegradable cutting oil or products of mineral oil
origin.
1) Any slug discharged in such volume or strength which a person knows or has
reason to know will or is likely to cause interference to the SSS.
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m) Any substance including nutrients which will cause the WWTF to violate its
NPDES and/or State Disposal System Permit or the receiving water quality
standards or goals.
n) Any substance which may cause the WWTF effluent or any other product of the
wastewater treatment process 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 wastewater treatment system cause the system
to be in noncompliance with sludge biosolids use or disposal criteria, guidelines
or regulations developed under pursuant to the Solid Waste Disposal Act, the
Clean Air Act, the Toxic Substances Control Act, or State standards applicable to
the biosolids management method being used.
o) Any wastewater containing inert suspended solids (including lime slurries and
lime residues) or dissolved solids (including sodium chloride) in such quantities
that will or is likely to cause interference with the SSS or WWTF.
p) Radioactive wastes or isotopes of such a half-life or concentration that they are in
non-compliance with standards issued by the appropriate authority having control
over their use and which will or are likely to cause damage or hazards to the SSS
or POTW or to employees operating it.
q) Any hazardous waste, unless prior approval has been obtained from the City.
r) Any waste generated outside the area served by the SSS without prior approval of
the City.
S) Any unpolluted water, including cooling water, rain water, storm water or
groundwater, unless there is no other prudent or feasible alternative as determined
by the City.
t) Any trucked or hauled wastes or pollutants, except if approved by the City at
discharge points designated by the City.
u) Phosphorus or other nutrients that exceed acceptable limits as set by the WWTF.
Section 402.13: LIMITATIONS ON WASTEWATER STRENGTH
Subd. 1: Federal Pretreatment Standards. Federal Pretreatment Standards and General
Regulations promulgated by the U.S. Environmental Protection Agency (EPA)pursuant to the
Act shall be met by all users which are subject to such standards in any instance where they are
more stringent than the limitations in this ordinance unless the City has applied for, and obtained
from the MPCA approval to modify the specific limits in the federal pretreatment standards. In
all other respects, Industrial Users subject to Pretreatment standards shall comply with all
provisions of these rules and any permit issued thereunder, notwithstanding less stringent
provisions of the General Pretreatment Regulations or any applicable Pretreatment Standard.
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Subd. 2: State Requirements. State requirements and limitations on discharges shall be
met by all users, which are subject to such standards in any instance in which they are more
stringent than federal requirements and limitations or those in this ordinance.
Subd. 3: City's Right of Revision. The City reserves the right to establish by ordinance
more stringent limitations or requirements on discharges to the SSS if deemed necessary to
comply with the objectives presented in Section 402.01 of this ordinance.
Subd. 4: Dilution. No user shall 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 any local or, State requirements or Federal
pretreatment standards.
Subd. 5: Removal Credits and Variances.
a) If the WWTFachieves consistent removal of pollutants limited by Federal
Pretreatment Standards, the City may apply to MPCA for modification of specific
limits of the EPA Pretreatment Standards. The City shall modify pollutant
discharge limits applicable to an Industrial User in the Pretreatment Standards if
the requirements contained in 40 CFR 403.7 of the General Pretreatment
Regulations relating to credits for the removal of pollutants are fulfilled and
approval from MPCA is obtained. However, nothing herein shall be construed to
require the City to apply to MPCA for removal credits nor shall it be construed to
in any way limit the applicability of the limitations provided in Section 402.13,
Subd. 6 in the event that such a removal credit is granted, except as provided in
Section 402.13, Subd. 1.
b) The City shall recognize and enforce the conditions allowed for by variances from
Pretreatment Standards for fundamentally different factors as granted by EPA to
individual Industrial Users in accordance with 40 CFR 403.13 of the General
Pretreatment Regulations.
C) The City shall notify all affected Industrial Users of the applicable Pretreatment
Standards, their amendments, and reporting requirements in accordance with 40
CFR 403.12 of the General Pretreatment Regulations. A compliance schedule is
part of the Industrial Discharge Permit shall be developed between the City and
the Industrial User to ensure that the Industrial User complies with local, State
and Federal limitations in a timely manner as provided by the same section of the
General Pretreatment Regulations.
Subd. 6: Local Limitations/Pretreatment Standards. No person, except as authorized
pursuant to a compliance schedule in a permit, shall discharge or cause or allow to be discharged,
directly or indirectly, into the SSS any of the following waste pollutants containing
concentrations in excess of the following maximum limitations for any operating day:
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Pollutant Maximum Allowable Concentration* (mg/1)
Arsenic 0.13
Cadmium 0.20
Chromium, Total 3.94
Copper 2.76
Cyanide, Total 3.11
Lead 1.25
Mercury .0002
Molybdenum 0.11
Nickel 0.75
Selenium 0.23
Silver 0.56
Zinc 4.23
Ammonia Nitrogen Best Management Practices
CBODS Best Management Practices
Phosphorus Best Management Practices
Total Suspended Solids Best Management Practices
Subd. 7: Special Agreements. No statement contained in this subsection, except as
promulgated by the EPA as stated in Section 402.13, Subd 1 shall be construed as preventing any
special agreement or arrangement between the City and any industrial concern whereby an
industrial waste of unusual strength or character may be accepted by the City for treatment,
subject to payment therefore, by the industrial concern, in accordance with applicable ordinances
and any supplemental agreement with the City.
Subd. 8: Pretreatment Standards Notification. The City shall notify all affected
Industrial Users of the applicable Pretreatment Standards, their amendments, and reporting
requirements in accordance with Code of Federal Regulations, Title 40, Section 403.12 of the
General Pretreatment Regulations. A compliance schedule shall be developed between the City
and the Industrial User to ensure that the Industrial User complies with local, State, and Federal
limitations in a timely manner as provided by the same Section of the General Pretreatment
Regulations.
Subd. 9: Reports. Reports specified in Code of Federal Regulations, Title 40, Section
403.12 of the General Pretreatment Regulations shall be submitted to the WWTF by affected
users.
Section 402.14: STRENGTH CHARGE SYSTEM
Subd. 1: Any permittee as designated by the City, discharging into the SSS industrial
waste at carbonaceous biochemical oxygen demand and/or total suspended solids concentrations
in excess of base levels shall be subject to a strength charge. Further, any person discharging
waste into the SCWTS may be subject to a strength charge under the same provisions. Base
levels, strength charge rates and the procedures for determining strength, will be set by Council
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resolution and may be adjusted annually. Additional parameters, other than carbonaceous
biochemical oxygen demand and total suspended solids may be subject to a strength charge.
Subd. 2: Industrial user charge may also include specific credits for industrial
pretreatment which would encourage reduction in overall WWTF plant loading. Such credit to
be determined by the City.
Subd. 3: Persons subject to a strength charge shall pay the full amount to the City within
30 calendar days after the billing date. A penalty in the amount of Five Dollars ($5.00) or 5.5%
of the balance, whichever is greater, shall be added to all Public Utilities accounts not paid in full
by the due date. The penalty for late payment shall be added to each billing for which the
account remains unpaid.
Subd. 4: Certification Fee. A Fifty Dollar ($ 50.00) charge will be added to all accounts
certified to the County Auditor's officer for collection. This fee is to be considered separate and
distinct from any penalty or interest that may be charged by the County as a result of
certification.
Section 402.15: ACCIDENTAL AND SLUG DISCHARGES
Subd. 1: Prevention of Accidental and Slug Discharges. All Industrial Users shall
provide adequate protective procedures to prevent the accidental discharge of any waste
prohibited in Section 402.11, any waste in excess of the limitations provided in Section 402.14,
or any waste in violation of an applicable pretreatment standard.
Subd. 2: Accidental Discharge. Accidental discharges of prohibited waste into the SSS,
directly or through another disposal system, or to any place from which such waste may enter the
SSS shall be reported to the City by the persons responsible for the discharge, or by the owner or
occupant of the premises where the discharge occurred, immediately upon obtaining knowledge
of the fact of such discharge. Such notification will not relieve users of liability for any expense,
loss or damage to the wastewater disposal system or treatment process, or for any fines imposed
on the City on account thereof under any State or Federal law or Sewer Use Agreement. The
responsible person shall take immediate action as is reasonably possible to minimize or abate the
prohibited discharge.
The responsible person shall send a letter describing the prohibited discharge to the City
within seven (7) days after obtaining knowledge of the discharge. The letter shall include the
following information:
a) The time and location of the spill;
b) Description of the accidentally discharged waste, including estimate of pollutant
concentrations;
C) Time period and volume of wastewater discharged;
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d) Actions taken to correct or control the spill;
e) A schedule of corrective measures to prevent further spill occurrences.
Subd. 3: Slug Discharge. In the event that an Industrial User discharges a Slug in such
volume or strength that the Industrial User knows or has reason to know it will cause interference
in the WWTF, the Industrial User shall immediately report the same to the City. Within seven (7)
days thereafter, the Industrial User shall send a letter to the City describing the slug as specified
under Accidental Discharge.
Subd. 4: Spill Containment Program Requirement. Any Industrial User with a
significant potential to discharge materials listed in the prohibited discharge section of this
ordinance is required to install and maintain an adequate spill containment system. General spill
containment requirements are listed below:
a) Process, storage, holding or treatment tanks containing materials listed in the
prohibitive discharge section of this ordinance as well as the associated piping,
pumps, and other appurtenances must be contained if a spill or leak could enter
the sewer. This includes tanks used for short-duration mixing, processing or
storage.
b) The City prohibits floor drains with direct connections to the public sewer in
facilities that store toxic or flammable materials.
C) The spill containment system must be capable of containing 100 percent of the
volume of the largest tank of restricted material.
Subd. 5: Acceptable Containment Systems include:
a) Diking. Diking may be used to spill contain single shell tanks. Diking usually
consists of concrete blocks, concrete berming or other materials that form a
permanent structural barrier. Portable spill containment trays/pallets are also
acceptable.
b) Self-Containment. Tanks of double shell construction are considered to be self-
contained and no not require additional spill containment features unless there is a
significant likelihood of overflowing. These tanks consist of two independent
structural shells with the outer shell capable of containing any leakage from the
inner one. An air gap of at least one-inch must be provided between the inner and
outer shell.
d) Pits. Pits constructed under or around tanks are acceptable as spill containment.
No openings, manual or electric gates or valves are allowed.
Subd. 6: Discharge Control Plan. Any Significant Industrial User (SN) that may batch
discharge or any wastewater(including from spill containment areas), treated or
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otherwise, and that discharge may potentially cause adverse impacts to the collection
system or treatment plant must complete and implement a Slug Discharge Control Plan.
Slug Discharge Control Plan must contain the following elements:
a) Description of discharge practices, including non-routine batch discharges;
b) Description of stored chemicals;
C) Procedure for promptly notifying the City of slug discharges as defined under
Section 403.5(b) of the Code of Federal Regulations Title 40 and Section 402.14
of this Ordinance, with procedures for follow-up written notification within five
(5) days;
e) Procedures necessary to prevent adverse impact from accidental spills, including
inspection and maintenance of storage areas, handling and transfer of materials,
loading and unloading operations, control of site runoff, and training. Include
drawings that show spill containment dimensions and the locations of all floor
drains, wastewater piping and pretreatment equipment;
Section 402.16: MONITORING
Subd. 1: Monitoring Facilities. When required by the City's permit, the permittee of any
property serviced by a building sewer carrying industrial wastes shall install a suitable control
structure, together with such necessary meters and other appurtenances in the building sewer to
facilitate observation sampling, flow measurement, and measurement of the wastes. Such
structure and equipment, when required, shall be constructed at the owner's expense in
accordance with plans approved by the City and shall be maintained by the owner so as to be
safe and accessible at all times.
Subd 2: Monitoring Point. Each permittee shall have an approved monitoring point
provided at the permittee's expense. Liquid Haulers and special industrial users may be
exempted by permit from portions of this section. An approved monitoring point shall meet the
following criteria:
a) the wastewater flow is visible and accessible for inspection and monitoring
purposes;
b) the wastewater flow has appropriate velocity and is well mixed to yield
representative samples;
C) the wastewater flow at the monitoring point conveys all of the permittee's
industrial waste;
d) the monitoring point is large enough or space is provided for nearby to allow for
monitoring equipment and replacement; and
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e) the total wastewater flow of the permitted facility if exceeding 25,000 gallons per
day, can be measured using an open channel or other acceptable measuring
device.
The City may allow multiple monitoring points provided that each point meets the
criteria a—e of this section.
Subd. 3: All permittees shall have an approved monitoring poing. All new installations
shall be in accordance with provisions of the Minnesota Plumbing Code, Minnesota Rules,
Chapter 4715.
Subd. 4: Each permittee is responsible for all maintenance on the approved monitoring
point, including routing and cleaning.
Subd. 5: Inspection Maintenance Hatch. The City may require the installation of an
inspection maintenance hatch (manhole), in the event of construction, replacement or
modification of a permittee's sewer connection(s). Permittees shall provide notice to the City
prior to any such replacement or modification. The inspection maintenance hatch shall be of
standard size and shape and be located on the private sewer line between the facility and the
public sewer. If feasible, the inspection maintenance hole shall convey the total facility
wastewater discharge.
Subd. 6: Flow Measurement. A permittee, when required by permit, shall install and
maintain a flow measurement device for instantaneous rate and/or cumulative flow volume
determinations. Metered water supply may be used in lieu of flow measurement devices if it can
be documented that the water usage and waste discharge are the same, or where a measurable
adjustment to the metered supply can be made to determine the waste volume.
Meters and flow records shall be maintained at the permittee's expense in good operating
condition at all times. The permittee shall notify the City in writing within five (5) days in the
event that the permittee becomes aware that the meter or flow recorder has failed to accurately
register the flow. The permittee shall also notify the City of the permittee's intention to alter the
installation of a meter or flow recorder so as to affect the accurate recording of industrial waste
entering the SSS.
The following requirements may apply to the selection and installation of wastewater
flow measuring devices:
a. Flow measuring devices including, but not limited to, weirs, flumes, area velocity
sensors and closed-pipe flow meters, shall be installed such that property
hydraulic conditions exist. Factors used to determine the type, size and location
of a flow measuring device include:
i. flow rate and velocity;
ii. pipe configuration and slope;
iii. turbulence;
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iv. presence of nearby tributary flows and;
V. solids concentration
b. All flow measuring device shall be properly installed, and where applicable,
properly leveled and sealed.
C. When a weir or a flume is utilized, the low level-sensing device shall be installed
at a proper distance upstream of the primary flow device and in a location where
excessive turbulence is not created.
Subd. 7: Self Monitoring Analyses. All measurements, tests, and analyses of the
characteristics of water and wastes as outline in the permit shall be determined in accordance
with guidelines established in 40 CFR Part 136 Part and 40 CFR 403.12(g) of the General
Pretreatment Regulations.
Subd. 8: Representative Sampling. Representative samples of a permittee's industrial
waste shall be collected on a normal operating day and in accordance with guidelines listed in
Industrial Discharge Permit. Industrial Users subject to Pretreatment Standards shall sample in
accordance with the Pretreatment Standards. Self-monitoring point(s) for Industrial Users who
are not subject to Pretreatment Standards shall be at a location and at a frequency as specified in
the permit. The samples shall accurately characterize the discharge, taking into account batch
discharges, daily production variations, downtime, cleanup and other operating conditions.
Subd. 9: Monitoring Techniques. Monitoring methods that will be used by industrial
users, and contracted monitoring services and/or commercial analytical laboratories that collect
and/or analyze wastewater samples to fulfill requirements of these rules or any permit issued
under these rules. Monitoring methods specified in this section include sample collection,
preservation, handling, analysis and flow measurement.
a) A series of at least four grab samples is required when analyzing wastewater for
pH, grease and oil, total phenols and sulfides. Samples for cyanide and volatile
organics may be collected by the grab sampling technique described above or by
an automatic sample, using acceptable techniques. For other parameters, grab
samples may be required when the wastewater flow is not continuous or when
necessary to determine the instantaneous wastewater characteristics. Grab
samples can be taken manually or automatically. Appropriate containers shall be
used when collecting grab samples.
b) Composite samples are formed by combining discrete samples collected either
manually or by an automatic sampler. Each discrete sample shall have a
minimum volume of at least 100 milliliters. Discrete samples can be composited
using any of the following methods:
i. equal time intervals and equal volume samples;
ii. equal time intervals and unequal volume samples; or
iii. unequal time intervals and equal volume samples.
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d) When an equal time interval is used, the maximum sampling interval shall be 30
minutes. The composite sample volume shall be well mixed before sub sampling.
Subd. 10: Sample Handing Procedures. All samples shall be contained, preserved and
held in accordance with 40 CFR Part 136. The sample temperature shall be maintained at
four (4) degrees Celsius, if necessary, from the time of collection until sample analysis is
performed. When applicable, additional preservation shall be performed upon sample
collection.
Subd.11: Industrial Discharge Monitoring Reports (IDMR's): A condition of the
Industrial Discharge Permit shall include the completion and submittal of accurate routine self-
monitoring reports to the City in a form subscribed to by the City. The nature and frequency of
routine reporting shall be based upon the requirements specified in the Discharge Permit
The City may modify the above reporting schedule set forth in the Industrial Discharge
Permit for a particular permittee based on the permittee's industrial waste characteristics.
Permittee's subject to Pretreatment Standards shall submit reports to the City in accordance with
the applicable Pretreatment Standards.
Permittee shall complete IDMR's to the City such that the City has received such reports on or
before the 21st calendar day of the month following the end of each applicable reporting period,
unless otherwise stated in the Industrial Discharge Permit. Any permittee not submitting a self-
monitoring report by this date shall pay a late reporting fee as defined by the SCAWAC.
Subd. 12: Inspection and Sampling. The City may conduct such tests as are necessary to
enforce this ordinance, and employees of the City may enter any property for the purpose of
taking samples, obtaining information or conducting surveys or investigations relating to such
enforcement. Entry shall be made during operating hours unless circumstances require otherwise.
In all cases where tests are conducted by the City for the purpose of determining whether the
user is in compliance with regulations, the cost of such tests shall be charged to the user and
added to the user's sewer charge. In those cases where the City determines that the nature or
volume of a particular user's wastewater requires more frequent than, the City may charge such
user for the tests, after giving the user ten (10) days written notice of its intention to do so, and
the cost thereof shall be added to the user's sewer charge.
Duly authorized employees and agents of the City, MPCA and EPA bearing proper
credentials and identification shall be permitted to enter all properties for the purposes of
inspection, observation, measurement, sampling, and testing in accordance with the provisions of
this ordinance. Those employees shall have no authority to inquire into any processes except as
is necessary to determine the kind and source of the discharge to the City's SSS.
While performing the necessary work on private properties referred to in Subd. 12 of this
Section, the authorized employees of the City shall observe all safety rules applicable to the
premises established by the company.
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Duly authorized employees and agents of the City bearing proper credentials and
identification shall be permitted to enter all private properties through which the City holds an
easement for the purpose of, but not limited to, inspection, observation, measurement, sampling,
repair, and maintenance of any portion of the SSS lying within said easement. All entry and
subsequent work, if any, on said easement, shall be done in all accordance with the terms of the
easement pertaining to the private property involved.
Subd. 13: Testing Procedures. Testing procedures for the analysis of pollutants for
permit applications and routine self-monitoring shall conform to the guidelines established in
Code of Regulations, Title 40, Part 136 and Code of Federal Regulations, Title 40, Section
403.12 (g) of the Federal Pretreatment Regulations.
Subd. 14: Report and MonitoringDiscrepancies. A permittee shall be notified in writing
by the City of a significant discrepancy between the pemittee's routine, self-monitoring records
and the City's monitoring results within thirty (30) days after the receipt of such reports and
monitoring results. The permittee shall then have ten (10) working days to reply in writing to
such notification. If mutual resolution of such discrepancy is not achieved, additional sampling
shall be performed by the City. Samples may be split between the Permittee's laboratory or agent
and the City's laboratory for analysis.
Subd. 15: Wastewater Discharge Records. Wastewater discharge records shall be kept
by the permittee for a period of not less than three (3) years. The permittee shall provide the City
reasonable access to these records during normal business hours. A permittee, subject to an
applicable Pretreatment Standard, shall maintain all records required by Code of Federal
Regulations, Title 40, Section 403.12 (n) of the General Pretreatment Regulations.
Subd. 16: Monitoring Costs. All monitoring and sampling costs are the responsibility of
the User.
Section 402.17: PRETREATMENT
Subd. 1: Compliance with Standards. Where pretreatment, flow equalizing facilities or
interceptors are provided for any water or wastes, they shall be effectively operated and
maintained in satisfactory and effective condition by the owner at the owner's expense, and
shall be available for inspection by the City employees at all reasonable times.
Industrial Users shall achieve compliance with all Federal Categorical Pretreatment
Standards within the time limitations as specified by the Federal Pretreatment Regulations.
Industrial Users as required by their Industrial Discharge Permit shall submit to the City for
review detailed plans showing the pretreatment facilities at least sixty (60) days prior to initiation
of construction. The City shall approve the Industrial User's pretreatment plans if it appears that
the proposed pretreatment facility is capable of meeting all applicable limitations.
The City's review and approval shall in no way relieve the Industrial User from the
responsibility of modifying the facility as necessary to produce an effluent complying with the
provisions of these rules. Any subsequent modifications in the pretreatment facilities which will
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result in a substantial change in discharge shall be reported for approval by the City upon a
determination that the modified facility is capable of meeting all applicable limitations, prior to
the modification of the existing facility.
Residual solids from a pretreatment facility shall not be disposed, directly or indirectly,
into the SSS without prior written approval from the City. The disposal method shall be in
accordance with local, State and Federal requirements. The City shall be notified in writing
within ten (10) days of the substantial changes in such residual solids disposal procedures and/or
characteristics.
Subd. 2: Separator Trap Installations. Grease, oil and sand traps shall be provided for at
the owner's expense for the proper collection of waste containing excessive amounts of grease,
oil, or sand. All trap installations shall be regularly cleaned and maintained for adequate
performance. All records of separators and traps must be available for review by City Personnel.
The distance between the inlet and outlet of the separator or trap must be sufficient to allow
gravity separation of solids. To prevent overloading control baffles and any necessary inlet flow,
control fitting shall be provided.
Separators and traps shall be maintained in efficient operation condition by periodic removal of
any accumulated solids. Floating materials shall be removed before the accumulation is within
two inches of the outlet. Settled solids shall be removed before the solids reach 75% of the trap
or separator capacity. Solids removed from a separator or trap, for subsequent sewer disposal,
shall be transported and discharged by a permitted liquid waste hauler.
Section 402.18: CONFIDENTIAL INFORMATION
Information obtained from reports, questionnaires, permit applications, permits and
monitoring programs and from inspections shall be available to the public or other governmental
agencies 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.
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
ordinance, the NPDES Permit, State Disposal System Permit, Sewer Use Agreement and/or the
pretreatment programs;provided, however, that such portions of a report shall be available for
use by the State 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.
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 (10) day notification is given to
the user.
Section 402.19: SEVERABILITY AND CONFLICTS
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Subd. 1: Severability. If the provisions of any section, paragraph, or sentence of these
rules shall for any reason be held to be unconstitutional or invalid by any court of competent
jurisdiction, the provisions of the remaining sections, paragraphs and sentences shall
nevertheless continue in full force and effect.
Subd. 2: Conflicts. If conflicts arise between these rules, and rules previously adopted
by the City, these rules, and the interpretations thereof, shall take precedence.
Section 402.20: ENFORCEMENT
Subd. 1: Remedies Available. The City may suspend the sewer system service and/or an
Industrial 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 the SSS or
WWTF, or would cause the City to violate any condition of its NPDES of State Disposal System
Permit. Any user notified of a suspension of the sewer system service and/or the Industrial
Discharge Permit shall immediately stop the discharge. In the event of a failure of the user to
comply voluntarily with the suspension order, the City shall take such steps as deemed
necessary, including immediate severance of the sewer connection, to prevent or minimize
damage to the SSS or WWTF or endangerment to any individuals. The City shall reinstate the
Industrial Discharge Permit and/or the sewer system service upon proof of the elimination of the
non-complying discharge.
Subd. 2: Revocation of Permit. In accordance with the procedures of Section 402.20 of
this ordinance, the City may revoke the permit of any user which fails to factually report the
wastewater constituents and characteristics of its discharge; which fails to report significant
changes in wastewater constituents or characteristics; which refuses reasonable access to the
user's premises for the purpose of inspection or monitoring; or for violation of conditions of its
permit, this ordinance, or applicable State and Federal regulations.
Subd. 3: Notification of Violation. Whenever the City finds that any person has violated
or is violating this ordinance, Industrial Discharge Permit, Phosphorus Management Plan or any
prohibition, limitation or requirement contained herein, the City may serve upon such person a
written notice stating the nature of the violation. Within ten (10) days of the date of the notice, a
plan for the satisfactory correction thereof shall be submitted to the City by the user.
Subd. 4: Show Cause Hearing. Any user receiving notice of suspension or revocation of
a permit, or other penalties or sanctions authorized by this Ordinance, may request a hearing
conducted in accordance with this subdivision to challenge the action and determine if the action
is supported by the existing circumstances.
a) Notice of Hearing. If the violation is not corrected by timely compliance, the City
may order any use which causes or allows an unauthorized discharge to show
cause before the City Council why the proposed enforcement action should not be
taken. A notice shall be served on the user specifying the time and place of a
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hearing to be held by the City Council 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 Council why the proposed enforcement action
should not be taken. The notice of the hearing shall be served personally or by
registered or certified mail(return receipt requested) at least fourteen (14) days
before the hearing. Service may be made on any agent or officer or a corporation.
b) Hearing Officials. The City Council may itself conduct the hearing and take the
evidence, or may designate any of its members, administrative law judge, or any
officer or employee of the (assigned department) to:
1. To issue in the name of the City notices of hearing requesting the
attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in such hearings;
2. To take the evidence; and
3. To transmit a report of the evidence and hearing, including transcripts and
other evidence, together with recommendations to the City Council for
action thereon.
C) Transcripts. At any hearing held pursuant to this ordinance, testimony taken must
be under oath and recorded. The transcript, so recorded, will be made available to
any member of the public or any party to the hearing upon payment of the usual
charges therefor.
d) Issuance of Orders. After the City Council 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 be discontinued unless adequate treatment
facilities, devices or other related appurtenances are properly operated. Further
orders and directives as are necessary and appropriate may be issued.
Subd. 5: Legal Action. If any person discharges wastewater, industrial wastes or other
wastes into the City's wastewater disposal system contrary to the provisions of this ordinance,
Federal or State pretreatment requirements or any order of the City, the City Attorney may
commence an action for appropriate legal and/or equitable relief, including but not limited to,
monetary damages and injunctive relief.
Section 402.21: PENALTIES
Subd. 1: Administrative Fines. Notwithstanding any other Section of this Ordinance,
any user who is found to have violated any provision of this ordinance, or permits and orders
issued hereunder, shall be fined in an amount not to exceed $1,000 per violation. Each day on
which noncompliance shall occur or continue shall be deemed a separate and distinct violation.
Unpaid charges, fines, and penalties shall constitute a lien against the individual user's property.
Industrial Users desiring to dispute such fines may request for the City Administrator to
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reconsider the fine within 10 days of being notified of the fine. Where the City Finance Director
believes a request has merit, he/she shall convene a hearing on the matter within 30 days of
receiving the request from the Industrial User.
Subd. 2: Criminal Penalties. Any person violating any of the provisions of this
Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a
fine of not more than $800, or by imprisonment for not to exceed ninety (90) days, or both.
Subd. 3: Costs. In addition to the other penalties provided herein, the City may recover
engineering fees, court costs, court reporter's fees, attorney fees, and other expenses of litigation
by an appropriate action against the person found to have violated this ordinance or the orders,
rules, regulations, and permits issued hereunder.
Subd. 4: Costs of Damage. Any person violating any of the provisions of this ordinance
shall become liable to the City for any expense, loss, or damage The City may add to the user's
charges and fees the costs assessed for any cleaning, repair or replacement work caused by the
violation or discharge. Any refusal to pay the assessed costs shall constitute a violation of this
ordinance.
Subd. 5: Falsifying Information. Any person who knowingly makes any false
statements, representation or certification in any application, record, report, plan or other
document filed or required to be maintained pursuant to this ordinance, or Industrial Discharge
Permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or
method required under this ordinance, shall be guilty of a misdemeanor.
Section 402.22: PUBLICATION OF SIGNIFICANT VIOLATIONS
Subd. 1: Public notification will occur at least annually in a newspaper(s) of general
circulation that provides meaningful public notice within the jurisdiction(s) served by the WWTF
of Industrial Users which, at any time during the previous twelve (12) months, were in
significant violation of applicable Pretreatment Standards or Pretreatment Requirements. For the
purpose of this provision, an Industrial User is in significant violation if its violations meet one
or more of the following:
a) Chronic violations of wastewater discharge limits, defined here as those in which
sixty-six percent (66%) or more of all of the measurements taken during a six (6)
month period exceed (by any magnitude) a numeric Pretreatment Standard or
requirement, including instantaneous limits.;
b) Technical review criteria(TRC) violations, defined here as those in which thirty-
three percent (33%) or more of all the measurements taken for the same pollutant
parameter during a six (6) month period equal or exceed the product of a numeric
Pretreatment Standard or requirement, including instantaneous limits times the
applicable TRC (TRC = 1.4 for CBOD, SS, fats, oil and grease and TRC = 1.2 for
all other pollutants except pH);
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C) Any other violation of a pretreatment daily maximum or longer term average)
instantaneous limit or narrative standard) that the City determines has caused,
alone or in combination with other discharges, interference or pass through
(including endangering the health of City employees or the general 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 necessity for the
City's City's to exercise its emergency authority under 40 CFR 403.8
(F)(1)(vii)(b) to halt or prevent such a discharge;
e) Violation, by ninety (90) days or more after the schedule date, of a compliance
schedule milestone contained in a local control mechanism or enforcement order,
for starting construction, completing construction, or attaining final compliance;
f) Failure to provide required reports such as baseline monitoring reports, self-
monitoring reports, and reports on compliance with compliance schedules, within
forty-five (45) days of the due date;
g) Failure to accurately report noncompliance; or
h) Any other violation or group of violations, which may include a violation of Best
Management Practices, which the City determines will adversely affect the
operation or implementation of the local Pretreatment Program. .
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