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4261-10/06/1997
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Administrator - Superintendent of the City of Waterloo Water Pollution/Flood Control Department or designated representative . Sec. 34-29-3 . Authorized Representative - Individual designated by the City Council with authority to act on the City' s behalf in regard to a specific issue . Sec. 34-29-4 . Average Daily Flow - Volume of flow compiled over a given period of time and converted to a daily average by dividing the total flow by the number of days represented in the time period for which data has been compiled. Where individual day' s flow readings are recorded, the average shall be based on the number of days for which flows are recorded and not necessarily the total number of days in the time period. For computing average daily flow for industrial users, only production days shall be included in the computation. Weekends and/or holidays, shutdowns, etc . , shall not generally be considered by the City in computing the Average Daily Flow. Sec. 34-29-5. Average Daily Loading - Measure of a particular constituent (generally BOD, TSS and/or TKN) compiled over a period of time and converted to a daily average by dividing the cumulative concentration and/or volume of the constituent by the number of days represented in the time period for which data has been compiled. Where individual day' s loadings are recorded, the average shall be based on the number of days for which loadings are recorded and not necessarily the total number of days in the time period. For computing average daily loadings for industrial users, only production days shall be included in the computation. Weekends and/or holidays, shutdowns, etc . , shall not generally be considered by the City in computing the Average Daily Loading. Sec. 34-29-6 . Basic Wastewater Charge - Monthly charge based on volume of flow by a contributor which is intended to recover the cost of operation and maintenance of the City' s share of the POTW and associated programs . Sec. 34-29-7 . Billable Flow - The volume of wastewater generated by a user as measured by a water meter or other approved metering system. Sec. 34-29-8 . Biosolids/Sludge - Solids, semi-solids, residues and/or precipitates that result from the treatment of wastewater. Sec. 34-29-9 . BOD - Biochemical Oxygen Demand - The quantity of oxygen used in the biochemical oxidation of organic matter under standard laboratory conditions in five days at 20°C, usually expressed in milligrams per liter. Sec. 34-29-10 . Bypass - The diversion of wastewater from or around any portion of the collection system and/or treatment BOON 332 PAGE 733 ORDINANCE NO. 4261 PAGE 3 facility. Sec. 34-29-11. Categorical Pretreatment Standards - National Pollutant discharge limits promulgated by EPA in accordance with Section 307 (b) and (c) of the Clean Water Act, which apply to specific categories of industrial users (40 CFR 403 . 6 and 405-471) . Unless noted otherwise, Categorical Pretreatment Standards shall always refer to the latest approved limits . Sec. 34-29-12 . CBOD - Carbonaceous Biochemical Oxygen Demand - That portion of the BOD attributable to the biochemical oxidation of the carbonaceous organic matter. This is determined through standard laboratory analyses using a nitrification inhibitor in performing the BOD test . Generally expressed in mg/l . Sec. 34-29-13 . City - City of Waterloo, Iowa. Sec. 34-29-14 . City Engineer - City Engineer of the City. Sec. 34-29-15 . COD - Chemical Oxygen Demand - The quantity of oxygen used in the chemical decomposition of organic matter in wastewater as determined by the appropriate laboratory procedure, usually expressed in mg/l . Sec. 34-29-16 . Combined Sewer - A sewer which receives both sanitary sewage and storm sewage. Sec. 34-29-17 . Composite Sample - The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time. Sec. 34-29-18 . Contributor/Discharger or/User - Any person, firm, corporation or other entity or organization responsible for the production of domestic, commercial or industrial wastewater which is discharged to the wastewater collection and treatment system. Sec. 34-29-19. Debt Service - Funds necessary to recover annual principal and interest payments for bonds issued for the wastewater system. Sec. 34-29-20. Demand Charge - Charge which recovers debt service costs associated with the wastewater treatment system. Sec. 34-29-21. Domestic User - Discharge of wastewater from a residential household. Sec. 34-29-22 . Domestic Wastewater - Household type wastes discharged from places of human habitation, including sanitary convenience, kitchen and laundry waste . Domestic strength wastewater is accepted as having the following characteristics : BOD < 300 mg/1 TSS < 350 mg/1 TKN < 30 mg/1 NH3-N < 15 mg/1 FOG < 100 mg/1 BOOK 332 PAGE 734 ORDINANCE NO. 4261 PAGE 4 Sec. 34-29-23 . Effluent - Discharge from a particular facility, unit, treatment process or system. Sec. 34-29-24 . Effluent Limits/Effluent Standards - Numerical limits on pollutants in effluents generally reported in mg/1 or lbs/day. Sec. 34-29-25. Foundation Drain or Footing Drain - Piping system around the foundation of a structure or building which is intended to carry groundwater away from the structure to relieve hydraulic pressure and help keep the structure walls dry. This may also refer to the sump pump used in the footing drain system, where applicable . Sec. 34-29-26 . Grab Sample - The sample which is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time . Sec. 34-29-27 . Gravity Sewer - Sewer that flows by the force of gravity, generally operates hydraulically as an open channel . Sec. 34-29-28 . Gravity Separation Interceptor - Facility designed for removal of dangerous, deleterious or prohibited matter from the waste stream by differential gravity separation (i .e . , grease traps and/or catch basins) . Sec. 34-29-29 . Hazardous Waste - A waste defined as hazardous by 40 CFR Part 261 . Sec. 34-29-30 . House Sewer/House Service Connection - The sewer connecting the building plumbing system to the public sewer for conveying domestic wastewater. Sec. 34-29-31. Industrial Sewer/Industrial Service Connection - The sewer connecting the building plumbing system to the public sewer for conveying industrial wastewater. Sec. 34-29-32 . Industrial User - A source of discharge of wastewater into a POTW from any source other than a domestic user. Sec. 34-29-33 . Industrial Wastewater - Wastewater and water- borne wastes of the community, excluding domestic wastewater and uncontaminated water and includes all wastewater from any production, manufacturing, processing, institutional, commercial, agricultural or other operation where the wastes discharged include significant quantities of wastes from non- domestic sources . Sec. 34-29-34 . Interceptor Sewer - Public sewer which generally collects wastewater from lateral sewers and transports it to another interceptor, pumping station or treatment facilities . Sec. 34-29-35 . Interference - A discharge, alone or in conjunction with discharges from other sources, which: a) Inhibits or disrupts the POTW, its treatment process or operations, or its sludge process, use or disposal; and/or b) Causes a violation of any requirement of the POTW' s NPDES permit (including an increase in magnitude or duration of a violation) or prevents sewage sludge use or disposal in accordance with Section 405 of the Act, BOOK 332 PAGE 735 ORDINANCE NO. 4261 PAGE 5 or any criteria, guidelines or regulations of EPA or IDNR. Sec. 34-29-36 . Lateral Sewer/Collector Sewer - Public sewer which generally collects wastewater from house sewers and/or industrial sewers and transports it to an interceptor sewer. Sec. 34-29-37 . Local Government - Mayor and Council of the City of Waterloo, Iowa. Sec. 34-29-38 . Milligram Per Liter (mg/1) - Measure of concentration of a substance in a liquid generally accepted to equal parts per million. Sec. 34-29-39 . New Source - Defined as in 40 CFR 403 .3 (k) - The term New Source means : a) 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 : 1) The building, structure, facility, or installation is constructed at a site at which no other source is located; or 2) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or 3) The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site . In determining whether these 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. b) 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 (a) (2) or (3) above but otherwise alters, replaces, or adds to existing process or production equipment . c) Construction of a new source as defined under this paragraph has commenced if the owner or operator has : 1) Begun, or caused to begin, as part of a continuous onsite construction program, a) Any placement, assembly, or installation of facilities or equipment; or b) Significant site preparation work BOOK 332P4GE736 ORDINANCE NO. 4261 PAGE 6 including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or 2) 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 for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph. Sec. 34-29-40 . NPDES Permit/ (National Pollutant Discharge Elimination System) Permit - A permit issued pursuant to Section 402 of the Act . Sec. 34-29-41. Pass Through - A discharge which exits the POTW into a water of the state 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 of the requirements of the POTW' s NPDES permit (including an increase in the magnitude or duration of a violation) or other permit issued to the POTW by the IDNR or USEPA. Sec. 34-29-42 . Person - Any individual, partnership, corporation, association, governmental entity or other legal entity or their representative. The masculine gender shall include the feminine and the singular shall include the plural, where applicable . Sec. 34-29-43 . pH - The negative logarithm of the hydrogen ion activity. Generally refers to a measure of the acidity of a solution -- pH 7 is neutral, pH >7 is alkaline and pH <7 is acidic. Sec. 34-29-44 . Plumbing Code - Plumbing code adopted by the City of Waterloo. Sec. 34-29-45. Pretreatment - The reduction of pollutants or conditioning of the waste stream to enhance treatability prior to discharge to the POTW for treatment . Sec. 34-29-46 . Public Sewer - A sewer constructed for public use under the control of the City. Sec. 34-29-47 . Publicly Owned Treatment Works - POTW - The system of public sewers, pumping facilities and treatment facilities used to collect, convey and treat wastewater and manage wastewater sludges which is owned, managed and regulated by the City. Sec. 34-29-48. POTW Treatment Plant - Treatment works portion of the POTW. Sec. 34-29-49 . Sanitary Sewer - Sewer which is intended to transport wastewater and to which storm sewage, surface water and groundwater are not intentionally connected. BOOT{ 332 P4GF 737 ORDINANCE NO. 4261 PAGE 7 Sec. 34-29-50 . Sewer System - A network of wastewater collection, conveyance, pumping, treatment and disposal facilities connected with sewers and owned and controlled by the City. Sec. 34-29-51. Significant Industrial User - An industrial user meeting any of the following criteria: a) Discharges more than 25, 000 gallons per day of process wastewater. b) Discharges a process wastewater which makes up 5 percent or more of the hydraulic or organic capacity of the POTW. c) Is designated as significant by the Superintendent because the discharge may adversely affect the operation of the POTW or for violating any pretreatment requirement . d) Any industrial user subject to Categorical Pretreatment Standards . Sec. 34-29-52 . Significant Noncompliance - The term significant noncompliance shall mean: a) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of wastewater measurements taken during a six (6) month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount; b) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (339.-) or more of wastewater measurements taken for each pollutant parameter during a six (6) month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1 .4 for BOD, TSS, Oil and Grease, and 1 .2 for all other pollutants except pH) ; c) Any other discharge violation the Superintendent believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public; d) Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the Superintendent ' s exercise of its emergency authority to halt or prevent such a discharge; e) Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance; f) Failure to provide within thirty (30) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with POOi( 332 PAGE 7'38 ORDINANCE NO. 4261 PAGE 8 categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules; g) Failure to accurately report noncompliance; or h) Any other violation(s) which the Superintendent determines will adversely affect the operation or implementation of the local pretreatment program. Sec. 34-29-53 . Sludge/Biosolids - Solids, semi-solids, residues and/or precipitates that result from the treatment of wastewater. Sec. 34-29-54 . State - State of Iowa. Sec. 34-29-55. Standard Industrial Classification (SIC) - A classification of industrial facilities in accordance with the Standard Industrial Classification Manual issued by the Office of Management and Budget . Sec. 34-29-56 . Superintendent - The Superintendent of the City' s Water Pollution/Flood Control Department or his designated representative. Sec. 34--29-57 . Suspended Solids (SS) - Solids that float on the surface or are in suspension in wastewater which can be removed through standard laboratory filtering. Sec. 34-29-58 . Total Kjeldahl Nitrogen (TKN) - Measure of nitrogen in wastewater determined in a laboratory by measuring ammonia after digesting organic nitrogen to convert it to ammonia nitrogen. Sec. 34-29-59 . Toxic Pollutant - Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Environmental Protection Agency. Sec. 34-29-60 . User Charge - Rates, charges and fees charged to contributors for use of the POTW. Sec. 34-29-61. Wastewater/Sewage - Combination of water-borne wastes from residences, businesses, institutions and industrial facilities, along with groundwater and surface runoff that may be present, which is discharged to the POTW. Sec. 34-29-62 . Wastewater Collection System - Network of sewers and pumping stations which collect wastewater from individual building sewers and convey it to the treatment facilities . Sec. 34-29-63 . Wastewater Treatment Facilities/Water Pollution Control Facilities - A system of unit processes which function to reduce pollutant loadings through physical, chemical and/or biological processes . Sec. 34-30 D. ABBREVIATIONS The following abbreviations shall have the designated meanings : BOD Biochemical Oxygen Demand CBOD Carbonaceous Biochemical Oxygen Demand CFR Code of Federal Regulations BOOK 332 PAGE 739 ORDINANCE NO. 4261 PAGE 9 CFS Cubic Feet Per Second COD Chemical Oxygen Demand EPA Environmental Protection Agency FOG Fats, Oils, and Greases GPD Gallons Per Day GPM Gallons Per Minute IDNR Iowa Department of Natural Resources mg Milligram mg/1 Milligrams Per Liter MGD Million Gallons Per Day NH3-N Ammonia Nitrogen NPDES National Pollutant Discharge Elimination System POTW Publicly Owned Treatment Works PPM Parts Per Million RCRA Resource Conservation and Recovery Act SIC Standard Industrial Classification SIU Significant Industrial User TKN Total Kjeldahl Nitrogen TSS Total Suspended Solids WPCF Water Pollution Control Facilities WP/FC Water Pollution/Flood Control Sec. 34-31. E. CLARIFICATION OF TERMS 1) When used herein, "shall" is mandatory; "may" is permissive. Sec. 34-32 . Reserved DIVISION II. ADMINISTRATION Sec. 34-33 . A. GENERAL The POTW is under the authority, management and control of the City of Waterloo who shall employ a full-time superintendent of the Water Pollution/Flood Control (WP/FC) Department and other employees as are necessary for the operation and maintenance of the POTW and the administrative activities incidental thereto. Sec. 34-34. B. SUPERINTENDENCE The Superintendent of the WP/FC Department shall be the administrator of the system and, as such, is empowered to implement and enforce the provisions of this ordinance . The Superintendent is hereby empowered to, either directly or indirectly: 1) Supervise the implementation of this ordinance . 2) Institute actions against all users violating this ordinance and, with the City Attorney, institute necessary legal proceedings to prosecute violations of this ordinance and compel the prevention and abatement of violations of this ordinance or nuisances arising therefrom. 3) Review the plans for pretreatment equipment, submitted by users . 4) Make inspections and tests of existing and newly installed, constructed, reconstructed or altered pretreatment equipment to determine compliance with goo 332 PtcE TW ORDINANCE NO. 4261 PAGE 10 the provisions of this ordinance . 5) Investigate complaints of violations of this ordinance and make inspections and observations of discharges . Record such investigations, complaints, inspections and observations . 6) Issue orders requiring compliance with this ordinance . 7) Determine surcharges to be levied pursuant to this ordinance. 8) Deny a permit for cause. 9) Perform other actions necessary or advisable for the management and operation of the POTW and the enforcement of this ordinance and other applicable laws and regulations . Sec. 34-35. C. PERMITS REQUIRED Permits are required for: 1) The construction of improvements and/or extensions that will contribute to the POTW. 2) The discharge of any non-domestic user to the POTW if requested by the Administrator. Sec. 34-36 . D. CONSTRUCTION PERMIT Applications for construction of sanitary sewer extensions and/or improvements that connect to the Waterloo POTW shall be submitted to the City Engineer for approval . The application may be made concurrently with the Iowa DNR construction permit submittal . The permit application shall include the appropriate IDNR construction permit schedules and shall, at a minimum, include : Owner' s : Name Address Phone # Project Name Project Location Service Area - Initial Future Estimated Flows - Initial Future Plans and specifications which shall, at a minimum, conform to the applicable standard specifications of the City of Waterloo. Evidence that the project has been submitted to Iowa DNR and/or other regulatory agencies that may be appropriate . Other information as may be required by the City Engineer. Construction of the proposed sanitary sewer extensions and/or improvements shallnot begin without the City Engineer' s approval . BOOK 332 PAGE 741 ORDINANCE NO. 4261 PAGE 11 Upon completion of the construction, the Owner shall provide the City Engineer one copy of the as-constructed drawings which shall identify pertinent features of the project : pipe size, length, materials of construction, structure locations, elevations, service line connection locations, utilities, soil and groundwater conditions and other information that may be requested by the City Engineer. The City reserves the right to inspect the work while in progress or upon completion, including internal inspection. If it is found that the project is improperly constructed, improperly used or maintained which, in turn, causes extraneous flows to enter the POTW, creates a flow restriction, affects the structural integrity of the POTW or in anyway impacts the POTW or other City facilities, the City Engineer may give notice of the condition to the Owner and shall direct the condition be corrected. Sec. 34-37 . E. WASTEWATER DISCHARGE PERMITS Sec. 34-37-1. General Requirements All non-domestic users of the POTW which contribute either directly or indirectly to the POTW may be required to obtain a wastewater discharge permit from the City. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this Ordinance and subjects the wastewater discharge permittee to the sanctions set out in Division VIII . Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal, state or local laws . The wastewater discharge permit may require pretreatment of industrial wastewaters prior to discharge to the POTW, flow equalization to reduce peak flows, discharge of certain wastes only to specific sewers, relocation of discharge points, prohibition of certain discharges, restriction of some discharges to specific hours of the day, payment of additional charges to defray costs that may be related to specific discharges and other conditions that may be needed to implement activities consistent with the intent of this ordinance . No person shall discharge wastewater to the POTW in excess of the quantity or quality limits established in the wastewater discharge permit . Any person desiring to discharge wastewater or use facilities which do not conform to the permit should apply to the City for an amended permit . A schedule for complying with permit requirements, effluent limits, self-monitoring requirements or other requirements deemed necessary by the Superintendent shall be submitted to the City for approval by the non-domestic user in a time frame established by the Superintendent . The Superintendent may require compliance schedule progress reports, a report on final compliance with effluent limits and standards, and periodic reports on continued compliance . The Superintendent may require a nondomestic user to submit to compliance independent of a compliance schedule . Sec. 34-37-2 . Permit Application Procedures a. General Permit Requirements BOOK 332PAGE 742 ORDINANCE NO. 4261 PAGE 12 All non-domestic users of the POTW may be required to obtain a wastewater discharge permit . Application procedure for the permit shall be initiated by the non-domestic user who, upon notification by the Superintendent, shall provide the following information: o Name, Address and Location, If Different From the Address o Authorized Representative o SIC Code According to Standard Industrial Classification Manual, Bureau of the Budget, 1987, As Amended o Description of the Operation and Primary Activities Associated With Wastewater Production o Time and Hours of Operation and/or Wastewater Discharge o General Description of the Wastewater Discharge Characteristics, Including the Nature and Concentration of Any Known Pollutants in the Discharge o Spill Prevention Plans in Place o Priority Pollutant Information o Any Other Information that the Superintendent May Deem Appropriate to Evaluate the Permit Application The Superintendent shall determine from the information supplied whether the non-domestic user can be granted a general wastewater discharge permit for the classification of its discharge or whether a specific discharge permit shall be required. b. Individual Permit Requirements All significant industrial users (SIUs) and all other discharges to the POTW determined by the Superintendent to have significant potential impact on the POTW shall be required to apply for an Individual Wastewater Discharge Permit . Dischargers requiring an individual permit shall submit, at least ninety (90) days prior to connecting to or contributing to the POTW, a Permit Application/Baseline Monitoring Report providing the following information to the City along with the appropriate permit application fee : 1) Name, address and location, if different from the address, and the authorized representative . 2) Primary SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1987, as amended. 3) List the environmental control permits held by or for the user. 4) General description of activities which may result in discharges to the POTW. 5) Each product produced, by type and amount . 6) Number and type of employees and hours of operation of plant and proposed or actual hours of operation of pretreatment system. BOOK 332 PAGE 743 ORDINANCE NO. 4261 PAGE 13 7) Show all sewers, sewer connections, testing places and provide site plans, floor plans, mechanical and plumbing plans when available. 8) Average daily and estimated peak wastewater flow rates, including daily, monthly and seasonal variations, if any. 9) Time and duration of contribution. 10) Wastewater constituents and characteristics as determined by a 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, Part 136, as amended. Where 40 CFR, Part 136, does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April, 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the administrator. 11) All pretreatment standards which apply to the user' s discharge . 12) The nature and concentration of any pollutants in the discharge which are limited by any federal or categorical pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance and/or additional pretreatment is required for the user to meet applicable pretreatment standards . 13) If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment . The completion date in this schedule for categorical pretreatment standards shall not be later than the compliance date established for applicable pretreatment standards . The following conditions shall apply to the schedule : a) 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. , hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc. ) . b) The schedule should be submitted to the Superintendent for approval . c) Not later than fourteen (14) days following each date in the schedule and the final date for BOOK 332 PAGE 744 ORDINANCE NO. 4261 PAGE 14 compliance, the user shall submit a progress report to the Superintendent or pretreatment program manager including, as a minimum, whether or not it complied with the increments of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay and the steps being taken by the user to return the construction to the schedule established. In no event shall more than six (6) months elapse between such progress reports to the Superintendent or pretreatment program manager. 14) 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 operation and maintenance and/or additional pretreatment is required for the Industrial User to meet the Pretreatment Standards and Requirements. 15) A Certification Statement attesting to the validity of the information supplied, signed by a representative of the permittee. 16) Any other information as may be deemed by the City to be necessary to evaluate the permit application. 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 herein. c. Discharge Permit Conditions Wastewater discharge permits shall be subject to all provisions of this ordinance and all other applicable regulations, user charges and fees established by the City. Permits may contain the following as determined by the Superintendent or pretreatment program manager. o A statement of the duration of the permit (in no case more than five years) . o A statement of non-transferability without, at a minimum, prior notification to the POTW and provision of a copy of the existing control mechanism to the new owner or operator. o The unit charge or schedule of user charges and fees for the wastewater to be discharged to the POTW. o Limits on the average and maximum wastewater concentration, mass or other measure of constituents or properties based on categorical pretreatment standards, state law or local limits . o Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization. o Requirements for installation of pretreatment technology, pollution control or construction of appropriate containment devices designed to reduce, eliminate or BOOK 332 PAGE 745 ORDINANCE NO. 4261 PAGE 15 prevent the introduction of pollutants into the POTW. o Requirements for the development and implementation of spill control plans or special conditions, including management practices necessary to adequately prevent accidental, unanticipated or nonroutine discharges . o Requirements for installation and maintenance of inspection and sampling facilities . o Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule . o Compliance schedules . o Requirements for submission of technical reports or discharge reports . o Requirements for maintaining and retaining records relating to wastewater discharge as specified by the City and affording City access thereto. o 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 POTW. o Requirements for notification to the City of any potential problems, including slug loading. o Requirements for notification of accidental discharges . o Requirements for notification of an Upset as defined as "An exceptional incident in which there is unintentional and temporary noncompliance with permitted Pretreatment Standards because of factors beyond the reasonable control of the Industrial User. " o Requirements for notification of discharge of hazardous wastes . o A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements and any applicable compliance schedule. o Other conditions as deemed appropriate by the City to ensure compliance with this section. d. Permit Duration Permits shall be renewable as directed by the Superintendent for a specified time period, not to exceed five (5) years . Permits may be issued for a period less than one (1) year or may be stated to expire on a specific date . The user shall apply for permit reissuance a minimum of ninety (90) days prior to the expiration of the user' s permit . The terms and conditions of the permit may be subject to modification by the City during the term of the permit for cause . The user shall be informed of any proposed changes in his permit at least thirty (30) days prior to the effective date of change . Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. e. Permit Modifications BOOK 332 P.1GE 746 ORDINANCE NO. 4261 PAGE 16 Within nine (9) months of the promulgation of a federal categorical pretreatment standard, the wastewater discharge permit of the users subject to the such standard shall be revised to require compliance with such standard within the prescribed time frame . Where a user becomes subject to a federal categorical pretreatment standard who has not previously submitted an application for a wastewater discharge permit, the user shall apply for a wastewater discharge permit within ninety (90) days after the promulgation of the applicable federal categorical pretreatment standard. f. Permit Transfer Wastewater discharge permits are issued to a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the City. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit . g. Permit Denial A permit may be denied to any user whose discharge of material to the POTW, whether shown upon application or determined after inspection and testing conducted by the City, is not in conformity with this subchapter or whose application is incomplete or does not comply with the Permit Application/Baseline Monitoring Report procedure . Sec. 34-38. F. CAPACITY REQUIREMENTS No connection to the POTW nor increased flows and/or loadings from existing connections shall be allowed unless there is sufficient unused hydraulic and treatment capacity in the POTW for the additional wastewater. Sec. 34-39 . G. CONFIDENTIALITY Sec. 34-39-1. Information and data 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. Sec. 34-39-2 . When requested by the user furnishing a report, portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, except upon written request to governmental agencies through the Freedom of Information Act for uses related to this article, the National Pollutant Discharge Elimination System (NPDES) Permit, state disposal system permit and/or the pretreatment program; provided, however, that such portions of a report shall be available for use by EPA, the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report . Data on wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the City as confidential shall not be transmitted to the general public by the City until and unless a 10-dal notification is given to the user. BOOK 332 PAGE 74 ORDINANCE NO. 4261 PAGE 17 Sec. 34-40. H. 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 article or wastewater discharge permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article, shall, upon conviction, be punished by a fine of not more than one hundred dollars ($100 . 00) or by imprisonment for not more than thirty (30) days in jail . Sec. 34-41. I. SEVERABILITY If any provision, paragraph, word or section of this article is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and chapters shall not be affected and shall continue in full force and effect . Sec. 34-42 . J. CONFLICTING SECTIONS All other ordinances or parts of other ordinances inconsistent or conflicting with any part of this article are hereby repealed to the extent of such inconsistency or conflict . Secs. 34-43 - 34-45 . Reserved DIVISION III. REGULATIONS Sec. 34-46 . A. GENERAL Sec. 34-46-1. Connection to Sewer Required The owner of any house, building or property which is used for human occupancy, employment, recreation or other purposes, and abutting on any street, alley or right-of-way in which the POTW is available, is required, at the owner' s expense, to install suitable wastewater disposal facilities and to connect such facilities directly to the POTW in accordance with the provisions of this ordinance within ninety (90) days after date of official notice to do so, provided that the POTW is within two hundred (200) feet (61 meters) of the property line, or otherwise required by the Black Hawk County Health Department . All wastewater from such houses, buildings or properties shall be discharged to the POTW. Any septic tanks, cesspools or similar wastewater disposal facilities shall, upon connection to the POTW, be emptied of wastes and refilled with suitable material to prevent collapse . This shall not apply to any persons served by a privately owned, operated and maintained wastewater sewer and wastewater treatment facility which discharges directly to a natural outlet in accordance with the provisions of this ordinance and applicable state and federal laws . Sec. 34-46-2 . Disconnection From Sewer Whenever buildings are abandoned or demolished, the building sewer (s) shall be disconnected from the public sewer at the owner' s expense, in a manner approved by the City, to adequately protect the POTW. Sec. 34-46-3 . Prohibitions BOOK 332 PAGE 748 ORDINANCE NO. 4261 PAGE 18 It shall be unlawful for any person to place, deposit or permit to be deposited in any manner that creates a hazard or threat to human health or the environment upon public or private property within or under the jurisdiction of the City, any wastes, wastewater, garbage or material prohibited for discharge to the POTW. Sec. 34-46-4 . Discharges to Natural Outlets No person shall discharge without an NPDES permit (or pursuant to an exemption from NPDES requirements under applicable law) to any natural outlet within the City, or in any area under its jurisdiction, either directly or through a City storm sewer. Sec. 34-46-5 . Wastewater Disposal Except as provided in this ordinance, 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. Sec. 34-46-6 . Further Requirements No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by health officials or other applicable authorities . Sec. 34-47 . B. ACCIDENTAL DISCHARGES Sec. 34-47-1. Each user shall have the responsibility to protect the POTW from accidental discharge of prohibited materials or other regulated substances . Where required by the Superintendent, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner' s or user' s expense with detailed plans of such facility available to the city for review and approval prior to construction. Sec. 34-47-2 . The Superintendent shall have the authority to require any industrial user to submit a Spill/Slug Control Plan when in the Superintendent ' s judgment an accidental discharge from the industrial user could potentially impact the POTW. Sec. 34-47-3 . Each user, when required by the Superintendent, shall submit a Spill/Slug Control Plan to the City describing: a) Discharge practices, including nonroutine batch discharges . b) Chemical storage . c) The procedure for immediate POTW notification of any accidental or slug discharge . d) The procedure to prevent adverse impact to the POTW from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading of 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 Boor 332 PAGE 749 ORDINANCE NO. 4261 PAGE 19 emergency response . Sec. 34-47-4. Within five (5) days following an accidental discharge, the user shall submit to the Superintendent a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relive 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 relive the user of any fines, civil penalties or other liability which may be imposed by this article or other applicable law. Sec. 34-47-5. 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 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 . Sec. 34-47-6 . If a user continues to create or experience accidental discharges, the Superintendent shall have the authority to seek penalties and/or terminate service to the habitual violator. Sec. 34-48. C. CONSTRUCTION AND MAINTENANCE OF INTERCEPTORS Sec. 34-48-1. Grease, oil and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful constituents . Sec. 34-48-2 . All interceptors shall be of a type and capacity approved by the City and shall be located so as to be readily and easily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. Interceptors shall be of substantial construction, watertight and equipped with easily removable covers which, when bolted in place, shall be gas tight and watertight . Sec. 34-48-3 . Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuous efficient operation at all times . Sec. 34-49. D. WASTE RECEIVED FROM OTHER JURISDICTIONS Sec. 34-49-1 . If another municipality or governmental jurisdiction or user located within another governmental jurisdiction contributes wastewater to the POTW, the Superintendent shall enter into an intergovernmental agreement with the contributing governmental jurisdiction. Sec. 34-49-2 . The following information will be supplied by user or the contributing governmental jurisdiction. a) Description of the quality and volume of wastewater discharged to the POTW. b) Inventory of all users located within the contributing jurisdiction that are discharging to the POTW. c) Any information the Superintendent may deem necessary. BOOK 332 PAGE 73O ORDINANCE NO. 4261 PAGE 20 Sec. 34-49-3 . The intergovernmental agreement shall contain the following conditions . a) A requirement for the contributing jurisdiction to adopt a sewer use ordinance which is at least as stringent as Waterloo' s ordinance and contains as stringent local limits . b) A requirement to submit a revised user inventory on at least an annual basis or as changes occur. c) Provisions specifying which pretreatment implementation activities will be conducted by the contributing jurisdiction. d) A requirement for contributing jurisdiction to provide all information that the contributing jurisdiction obtains as part of its pretreatment activities . e) Limits on the nature, quality and volume of the contributing jurisdiction' s wastewater at the point where it discharges to the POTW. f) Requirements for monitoring the contributing jurisdiction' s discharge . g) Provision ensuring access to the facilities of users located within the contributing jurisdictional boundaries for the purpose of inspection, sampling and other duties deemed necessary. h) Provisions specifying remedies available for breach of the terms of the intergovernmental agreement . Secs. 34-50 - 34-55 . Reserved DIVISION IV. PROHIBITED DISCHARGES Sec. 34-56 . A. GENERAL No person shall discharge or cause to be discharged, either directly or indirectly, any wastewater which, in the opinion of the Superintendent, may have any harmful effect on the sewer system, POTW personnel or equipment, effluent quality, sludge quality, public or private property, or may otherwise endanger the public, the POTW, the environment or create a public nuisance. The Superintendent, in reviewing the acceptability of specific wastewaters, shall consider the characteristics of the wastewater and the adequacy and characteristics of the POTW to accept the wastewater. Sec. 34-56-1. General Discharge Prohibitions 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 national categorical pretreatment standards or any other national, state or local pretreatment standards or requirements . A user may not contribute the following substances to a POTW: a) Any liquids, solids or gases with a closed cup flashpoint of less than 140°F (60°C) using test BOOK 332 PAGE 751 ORDINANCE NO. 4261 PAGE 21 methods referenced in 40 CFR 261 . 21 or which, by reasons of their nature or quantity, are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion hazard or be injurious in any other way to the POTW or to the operation of the POTW. At no time shall two (2) successive readings on an explosimeter at any point in the system be more than five (5) percent nor any single reading over ten (10) percent of the lower explosive limit (LEL) of the meter. b) Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the POTW. c) Any wastewater having a pH less than five (5 . 0) or higher than nine (9 . 0) , or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment and/or personnel of the POTW. d) 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 limit 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 . e) 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. f) Any substance 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 out of compliance with sludge use or disposal criteria, guidelines or regulations . g) Any substance which will cause the POTW to violate its NPDES and/or state disposal system permit or the receiving water quality standards . h) Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions . i) Any wastewater having a temperature which will inhibit biological activity in the POTW resulting in interference. Wastewater with a temperature at the introduction to the POTW which exceeds forty (40) degrees Celsius (one hundred four (104) degrees Fahrenheit) unless the POTW is designed to accommodate such temperature . BOOK 332 PAGE 752 ORDINANCE NO. 4261 PAGE 22 j ) Any pollutants, including oxygen demanding pollutants (BOD, etc . ) released at a flow rate and/or pollutant concentration which a user knows or has reason to believe will cause interference to the POTW. Industry shall coordinate with the POTW for the discharge of any slug load which may have the potential to cause interference with the POTW. k) Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable state or federal regulations . 1) Petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin in amounts that will cause interference with POTW processes or pass through to the receiving waters . m) Any wastewater which causes a hazard to human life or creates a public nuisance . Sec. 34-56-2 . Dilution of Discharges No user shall ever increase the use of process water for the purposes of attempting to dilute or 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 . Sec. 34-56-3 . Specific Limits When the Superintendent determines that a user (s) is contributing to the POTW any of the above substances in such amounts as to interfere with the operation of the POTW, the Superintendent shall : a) Advise the user (s) of the impact of the contribution on the POTW, and b) Develop effluent limitation (s) for such user to correct the interference with the POTW. In most cases, the concentration or amount of any particular constituent which will be considered excessive will depend upon the results of technical determinations and regulatory agency regulations . The list of constituents herein provides specific limits where they are reasonably well established. Limits and/or constituents to be subject to limits in the future are subject to change based on POTW impacts, technical determinations and regulatory requirements . Specific local limits for pollutants to be allowed in the discharge to the Waterloo Water Pollution Control Facility are developed using a mass balance approach across the treatment process . Specific pollutant loading limitations are based on the most stringent criteria depending upon: 1) Concentration causing interference . BOOK 332r753 ORDINANCE NO. 4261 PAGE 23 2) Concentration causing pass-through in violation of Water Quality Standards . 3) Concentration causing sludge criteria to violate low- rate land application criteria. Removal rates will be factored into the analyses for computing the local limits to establish mass loadings allowed of each individual pollutant . The WPCF will periodically review the plant removal efficiencies on a unit-by-unit basis and may periodically revise the allowable pollutant loadings due to additional data collection, regulations or pollutants of concern. Where specific pollutant removal rates (for a particular treatment process) cannot be determined at the Waterloo WPCF, default values from the IDNR and EPA will be used to develop the limits . These too may be revised by additional plant evaluation, data collection and regulations . Headworks limits for the Waterloo WPCF shall be as follows : "RESERVED" Sec. 34-56-4 . Hospital/Medical Wastes Regulated facilities, including hospitals, clinics, offices of medical doctors and other personnel, mortuaries, morgues and long-term health care facilities, may discharge to the sanitary sewer through a grinder installation if approved by the Superintendent . The installation shall be constructed and operated such that all materials pass through a maximum 3/8 inch mesh opening. No user shall discharge any of the following materials to the sewer system either directly or indirectly: a) Solid wastes generated in the rooms of patients who are isolated because of a suspected or diagnosed communicable disease. b) Recognizable portions of the human anatomy. c) Equipment, instruments, utensils and other materials of a disposable nature that may harbor or transmit pathogenic organisms and that are used in the rooms of patients having a suspected or diagnosed communicable disease which, by the nature of the disease, is required to be isolated by public health agencies . d) Wastes excluded by other provisions of this ordinance. Sec. 34-56-5. Limit of Authority Nothing in this section shall be construed to limit the authority of the Water Pollution/Flood Control Department, Black Hawk County Health Department or other health authorities to define wastes as being infectious and, with the concurrence of the Superintendent, to require that they will not be discharged to the POTW. Sec. 34-57 . Reserved BOOK 332 PAGE 754 ORDINANCE NO. 4261 PAGE 24 DIVISION V. INDUSTRIAL WASTE DISCHARGES Sec. 34-58. A. PERMIT REQUIRED 1) All non-domestic waste discharges to the POTW may be required to obtain a permit . 2) Permits will be authorized by the Superintendent under the direction of the City Council . 3) Industrial user categories, discharge quantities, loadings and potential to impact the POTW shall be factors in issuance of the permit . 4) The Industrial user shall be responsible for conforming to the requirements of the permit and shall promptly report to the Superintendent any changes which could result in the need to modify the permit or have any effect on the discharge from the Industrial user. 5) Industrial users shall immediately report any violations of the permit to the POTW. Sec. 34-59 - 34-64 . Reserved DIVISION VI. PRETREATMENT REQUIREMENTS Sec. 34-65. A. PRETREATMENT Sec. 34-65-1. Users shall provide necessary wastewater treatment as required to comply with this ordinance and shall achieve compliance with all federal categorical pretreatment standards and schedules where applicable . 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 an effluent acceptable to the City under the provisions of this ordinance . Any subsequent changes in the industrial activity or pretreatment facilities or method of operation, which affects quality or quantity of discharge, shall be reported to and be acceptable to the City prior to the user' s initiating such changes . Sec. 34-65-2 . The City shall annually publish, in the largest daily newspaper published in the municipality where the POTW is located, a list of the users which, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements . The term significant noncompliance shall mean: a) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of wastewater measurements taken during a six (6) month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount; BOOK 332 PACE 755 ORDINANCE NO. 4261 PAGE 25 b) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (330) or more of wastewater measurements taken for each pollutant parameter during a six (6) month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1 .4 for BOD, TSS, Oil and Grease, and 1 . 2 for all other pollutants except pH) ; c) Any other discharge violation the Superintendent believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public; d) Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the Superintendent ' s exercise of its emergency authority to halt or prevent such a discharge; e) Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance; f) Failure to provide within thirty (30) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules; g) Failure to accurately report noncompliance; or h) Any other violation(s) which the Superintendent determines will adversely affect the operation or implementation of the local pretreatment program. Sec. 34-65-3 . All records relating to compliance with pretreatment standards shall be made available to officials of the IDNR or the EPA upon request . Sec. 34-66 . B. FEDERAL CATEGORICAL PRETREATMENT STANDARDS 1) Upon the promulgation of the federal categorical pretreatment standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this article for sources in that subcategory, shall immediately supersede the limitations imposed under this article . The Superintendent shall notify all affected users of the applicable reporting requirements under 40 CFR, Section 403 . 12 . Sec. 34-67 . C. FEDERAL CATEGORICAL PRETREATMENT MODIFICATIONS 1) Where the City' s wastewater treatment system 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 . "Consistent BOOK 332 PAGE 756 ORDINANCE NO. 4261 PAGE 26 removal" shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system in ninety-five (95) percent of the samples taken when measured according to the procedures set forth in Section 403 . 7 (c) (2) of Title 40 of the Code of Federal Regulations, "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 Section 403 . 7 are fulfilled and prior approval from the approval authority is obtained. Sec. 34-68 . D. SPECIFIC POLLUTANT LIMITS 1) The total wastewater discharge of all users, in combination with domestic users, shall not contain pollutants in such mass and/or concentration which shall cause the POTW to be in violation of the intent of the pretreatment program. Such limits shall be established by the latest edition of the industrial waste pretreatment program adopted by the City Council of the City of Waterloo and allocated to various dischargers through the permit process . 2) State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements . Sec. 34-69. E. CITY'S RIGHT TO REVISION 1) The City reserves the right to establish more stringent limitations or requirements on discharges to the POTW if deemed necessary. Sec. 34-70. F. MONITORING FACILITIES 1) 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 . 2) 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. 3) 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 ninety (90) days following written notification by the City. BOOK 332 PAGE 757 ORDINANCE NO. 4261 PAGE 27 Sec. 34-71. G. INSPECTION AND SAMPLING 1) The City shall inspect the facilities of any user to ascertain whether the purpose of this article is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the City or its representative ready access at all times to all parts of the premises for the purposes of inspection, random sampling, records examination and copying or in the performance of any of their duties . The City 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 its premises, the user shall make necessary arrangements with its security guards so that upon presentation of suitable identification, personnel from the City will be permitted to enter, without delay, for the purposes of performing their specific responsibilities . The City has the right to randomly sample industry without notification of the sample taking. 2) While on the user' s property, the authorized representatives of the City shall observe all reasonable safety rules applicable to the premises established by the user. 3) Inspections by state or federal representatives shall not relieve a user from inspection by City representatives nor shall inspection by City representatives relieve a user from compliance with inspection by state or federal representatives . Sec. 34-72 . H. REPORTING REQUIREMENTS Sec. 34-72-1 . Compliance Reports Within ninety (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 Superintendent a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements . This statement shall be signed by an authorized representative of the industrial user and certified to by a qualified professional . Sec. 34-72-2 . Periodic Reports All industrial users required to have an individual permit shall submit to the Superintendent a report indicating all flows and the nature and concentration of pollutants in the discharge BOOK 332 NGE 758 ORDINANCE NO. 4261 PAGE 28 from the industrial user. The report shall also include a record of all daily flows and/or pollutant loadings that exceeded the daily flow or pollutant loadings allowed by the wastewater discharge permit . The Superintendent has the right to require reports as frequently as he deems necessary, but reports must be submitted at least twice annually on dates determined by the Superintendent . If a user is subject to mass limitations, the report shall also indicate the mass of regulated pollutants in the user' s effluent . Sec. 34-72-3 . Other Reports The Superintendent may require other reports from industrial users as necessary, including, but not limited to, the reports required by 40 CFR 403 . 12 . Sec. 34-72-4 . Record Keeping All industrial users required to have individual permit subject to the reporting requirements shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this ordinance and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements . Records shall include date, place, method, time of sampling, and the name of person taking the sample; the dates analyses were performed; who performed the analyses; the analytical method; and the results of such analyses . These records shall remain available for a period of at least three (3) years . This period shall be automatically extended for the duration of any litigation concerning the user or where the user has been specifically notified of a longer retention period. Failure to maintain the records as required by this Ordinance shall create a presumption in favor of the City in any disputes regarding information that would or should have been contained in the missing records . Secs. 34-73 - 34-75. Reserved DIVISION VII. USER CHARGES AND FEES Sec. 34-76 . A. WASTEWATER VOLUME 1) For purposes of establishing user charges, the quantity of wastewater discharged to the POTW by a user shall be determined by and held to be the quantity of water used based on water meter readings of the Waterworks or private water supply unless otherwise approved by the Superintendent . If a user shall use water which comes from a private water supply, the user shall meter the water at his own expense when required by the Superintendent and shall pay the appropriate user charges . 2) All charges and fees not otherwise provided for in Chapter 7 (User Charges and Fees) shall be set by resolution. Sec. 34-77 . B. DETERMINATION OF RATES AND CHARGES 1) Each connection to the POTW shall pay user charges in accordance with the following schedule . BOOK 332 PAGE 759 ORDINANCE NO. 4261 PAGE 29 a) The maximum quarterly rate shall be based on one hundred (100) percent of water consumption during the winter quarter as recorded by the Waterloo Waterworks . For those users of water being billed on a monthly basis by the Waterloo Waterworks, the maximum monthly rate shall be based on one hundred (100) percent of the monthly water consumption. Industrial users will be billed on actual water consumption unless otherwise approved by the Superintendent . Any special or private contracts shall be metered at the user' s expense . b) Users who have their own private wells shall pay a minimum charge of $46 . 20/Quarter, unless required to properly meter wastewater flows by the Superintendent . c) Users who are located outside of the limits of the City shall pay double the rates specified herein. d) If the rates as specified in this ordinance are not paid when due as required by this ordinance, there shall be added to the rates a penalty of five (5) percent . The Clerk shall certify to the County Auditor all sewer rates, charges or rentals and penalties delinquent . e) A surcharge for wastewaters in excess of domestic strength and containing no such chemical or other substances as would interfere with the proper operation of the purifying plant, shall be computed according to the following formula : BOD - $0 . 10/Lb TSS - $0 . 10/Lb TKN - $0 . 10/Lb f) The following sewer rental charge shall become effective upon passage of this Ordinance . Minimum Monthly Charge* $9 . 55 Minimum Quarterly Charge** $28 . 65 ; $1 . 30 Per Ccf*** Over Minimum * Includes First 3Ccf . ** Includes First 9 Ccf . *** Ccf = 100 cubic feet of metered water used or metered wastewater discharge if provided in permit . Sec. 34-78. C. CHARGES AND FEES Sec. 34-78-1. Charges and Fees The City may adopt charges and fees, which may include : a) Fees for reimbursement of costs of setting up and operating the city' s pretreatment program. b) Fees for monitoring, testing, inspections and BOOK 332 P4GE 7OO ORDINANCE NO. 4261 PAGE 30 surveillance procedures . c) Fees for reviewing accidental discharge procedures and construction. d) Fees for permit applications . e) Fees for filing appeals . f) Fees to specific contributing industrial users for consistent removal, by the City, of pollutants otherwise subject to federal categorical pretreatment standard. g) Other fees as the City may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters identified above and are separate from all other fees chargeable by the City. Sec. 34-78-2 . City' s Scheduling of Charges and Fees a) A surveillance monitoring fee of Three Hundred Fifty Dollars ($350 . 00) per installation of equipment shall be assessed against each user for which the City, rather than the user, installs surveillance monitoring equipment for the purpose of conducting wastewater sampling. b) A sampling fee of One Hundred Thirty Dollars ($130 . 00) per site visit for the purpose of wastewater sample collection shall be assessed against each user. c) Fees for investigating accidental discharges shall be based on the time expended at Twenty-Three Dollars ($23 . 00) per hour. d) Laboratory testing fees shall be based on actual expenses incurred for each parameter tested as specified in a fee schedule which the City shall approve and issue from time to time . e) A wastewater discharge permit application fee shall be assessed each request for a wastewater discharge permit in the amount of Twenty-Five Dollars ($25 . 00) . Wastewater discharge permit and/or permit renewal shall be assessed in the amount of Two Hundred Dollars ($200, 00) . An additional fee shall be assessed in the amount of One Hundred Dollars ($100 . 00) for past due applications . f) An appeal filing fee shall be assessed in the amount of One Hundred Dollars ($100 . 00) . Sec. 34-79. D. CONNECTION CHARGES Sec. 34-79-1. Building Sewer Connection Charges; Determination The charge for making connection to an existing public sewer in the near vicinity of a property for which it is desired that service be provided shall be determined as follows : a) Where the property to be served has been specifically assessed for the sewer facilities prior to the time of the application for connection, there shall be no BOOK ` 32 PAGE 761 ORDINANCE NO. 4261 PAGE 31 additional connection charge, unless at the time of assessment a deficiency was allowed. Then, the sewer connection charge shall be equal to the deficiency previously allowed. b) Where the property to be served has not been assessed or is not subject to an assessment of a special tax for the construction of the sewer facilities to which connection is sought and said sewer was built through assessments, the connection charge shall be equal to the average front footage charge assessed to all property on the sewer involved applied to the, front footage of the property to be served. Where the property has frontage on two (2) intersecting streets, the footage to which the charge shall be applied shall be the one considered the front in all usual proceedings for assessments . Where unusual parcel shape would make the charge inequitable to the owner or to the City, the frontage shall be taken as the lot width at the face of the building. c) Where the property to be served has not been subject to assessment for the cost of the public sewer, constructed before January 1, 1978, and the cost thereof was paid by general taxation, the sewer connection charge shall be calculated on the basis of Five and 50/100 Dollars ($5 . 50) per front foot of actual lot frontage, as hereinabove defined, plus Fifty Dollars ($50 . 00) hook-on. d) Where the property to be served has not been subject to assessment for the cost of the public sewer constructed after January 1, 1978, and before January 1, 1982, and the cost thereof was paid by general taxation, the sewer connection charge shall be calculated on the basis of Fifteen Dollars ($15 . 00) per front foot of actual lot frontage as hereinbefore defined or the actual front footage construction cost (including engineering, real and administrative charges) whichever charge is lesser, plus a hook-on charge in the amount of Two Hundred Dollars ($200 . 00) per acre prorated to lesser portions of an acre with a minimum hook-on charge of Fifty Dollars ($50 . 00) per hook-on. e) Where the property to be served has not been subject to assessment for the cost of the public sewer constructed after January 1, 1982, and the cost thereof was paid by general taxation, the sewer connection charge shall be calculated on the basis of the actual front footage construction cost (including engineering, real and administrative charges) , plus a hook-on charge in the amount of Two Hundred Dollars ($200 . 00) per acre prorated to lesser portions of an acre with a minimum hook-on charge of Fifty Dollars ($50 . 00) per hook-on. f) The provisions of the hook-on charge provided for in this ordinance shall not apply to any property covered by a specific hook-on charge ordinance. Sec. 34-79-2 . Cross and Lateral Sewer Connection Charges Before a permit for a new cross or lateral sewer connection to a main sewer shall be granted, the applicant shall have BOK 332 PAGE 762 ORDINANCE NO. 4261 PAGE 32 complied with the terms and conditions for such connection established by the City Council . Such terms and conditions may include, but not be limited to, engineering design, construction standards, requirements for inspection of construction of the applicant ' s sewer, and the setting of equitable fees to be paid for the right to connect to public sewer and all facilities to which the sewer will be contributory. Sec. 34-79-3 . Use of Sewer Connection Charges Such charges shall be due without regard to whether the facilities involved, trunk sewers or POTW have been paid for in full or whether prior assessments and other resources will cover all costs for such facilities . Connection charges shall be deemed a refund of amounts yet to be or previously paid by the City from its funds for the additional service made available to the applicant . Sec. 34-79-4. Where Connections Permitted No building sewer connection shall be made to a public sanitary sewer which is not in front of the property to be served unless the public sewer cannot feasibly be extended and the building sewer can be connected without creating difficulties for other utilities in the street or unless any such difficulties are offset by a definite public advantage in having the connection. No building sewer shall be connected directly into a manhole more than six (6) inches above the flow line therein. Where a public sewer is extended by an applicant at this own expense, it shall be constructed in accordance with the specifications of the City for public sewers and connection charges may be reduced by the cost thereof, in whole or in part . Sec. 34-79-5. Violations and Penalties Any person, firm or corporation which shall make a connection without paying connection charges due under this section or in any manner violate the other terms of this ordinance shall be, upon conviction, deemed guilty of a misdemeanor and subject to fine and imprisonment as provided by law. Secs. 34-80 - 34-85. Reserved DIVISION VIII. ENFORCEMENT Sec. 34-86 . A. NOTICE OF VIOLATION The Superintendent may issue a Notice of Violation with or without an order against any user deemed to be in violation of this ordinance . Sec. 34-86-1. Service - The Notice of Violation shall be served upon the user either by personal delivery or by first class mail addressed to the user, except that an Immediate Cease and Desist Order may be written or oral, and may also be served by telephone . Sec. 34-86-2 . Content of Notice of Violation - The Notice of Violation shall specify the following: a) Date and time of issuance . b) Date (s) , time (s) and place (s) of violation, the nature of the violation, the substances BOOK 332 PAGE 763 ORDINANCE NO. 4261 PAGE 33 discharged, where ascertainable and the volume of the discharge, where applicable . c) Reference to the pertinent section of this ordinance under which the violation is charged. d) Reference to the pertinent section of this ordinance establishing penalties for the violation. e) The right of the alleged violator to present to the Superintendent written explanations, information or other materials in answer to the Notice of Violation, including any defenses . Sec. 34-86-3 . Within 30 days of the Notice, the user shall submit a plan for the satisfactory correction of the problem to the City. Sec. 34-87 . B. ORDERS Whenever the Superintendent has determined that any user has violated this ordinance or other applicable laws or regulations which the City is authorized to enforce, the Superintendent may issue an order, with or without a Notice of Violation and whether or not a Notice of Violation was previously issued, to take actions deemed appropriate by the Superintendent under the circumstances . Sec. 34-88. C. TYPES OF ORDERS The following orders may be issued by the Superintendent : Sec. 34-88-1. Immediate Cease and Desist - An order to immediately cease and desist from discharging any wastewater or pollutant which presents or may present imminent or substantial endangerment to the health or welfare of persons or the environment, or could cause interference with the operation of the POTW. The order shall be final and in effect until a hearing, if requested, is concluded and a final decision is made by the Superintendent pursuant to this ordinance . Sec. 34-88-2 . Order to Show Cause - The Superintendent may issue an order to show cause why an order to cease discharge by a certain time and date or perform other actions should not be issued. The order may contain conditions or requirements as deemed appropriate by the Superintendent, including, but not limited to, a requirement to do the following: a) Submit samples . b) Install sampling or monitoring equipment . c) Submit reports . d) Permit access for inspection, sampling, tests, monitoring and investigations . e) Install, operate, upgrade and maintain pretreatment equipment . f) Reduce or eliminate a discharge or pollutants in a discharge . BOOK 332 PACE 764 ORDINANCE NO. 4261 PAGE 34 g) Payment of applicable fees . Sec. 34-88-3 . Content of Orders - Any order issued by the Superintendent shall contain the facts and reasons and grounds for its issuance, and the remedial action ordered as well as the time within which such action shall be taken. No such order shall be deemed insufficient, however, for inconsequential errors and omissions in the facts and reasons and grounds for the order. Multiple orders may be issued simultaneously or in combination as a single order by the Superintendent with respect to a single user. Sec. 34-89 . D. DISCONNECTION The Superintendent may physically disconnect a user from the collection system if the user violates any provision of a final order or an issued immediate cease and desist order (whether final or not) . Sec. 34-90 . E. RIGHT TO HEARING A hearing may be requested in writing by any user deeming itself aggrieved by any Notice of Violation, order, surcharge or action on a permit by the Superintendent within thirty (30) calendar days after the Notice of Violation, order, notice of a surcharge, or action on a permit has been served upon such user. The request for a hearing shall be submitted to the Superintendent in writing and the Superintendent shall provide written response outlining further actions within 30 days of receipt of the request for hearing. Sec 34-91. F. REVOCATION OF PERMIT Sec. 34-91-1. Conditions for Revocation: Any user who violates this subchapter, any condition of its wastewater discharge permit, or any of the following, is subject to having its permit revoked in accordance with the procedures of this section: a) Failure to accurately report the wastewater constituents and characteristics of its discharge; b) Failure of the user to report substantial changes in process activity or in volume or character or pollutants being introduced into the POTW at least ninety days prior to such change; c) Tampering with monitoring equipment; d) Refusal of reasonable access to the user' s premises for the purpose of inspection, monitoring or sampling; e) Violation of permit conditions; f) Violation or breach of any treatment agreement; g) Failure to report an upset, failure and/or bypass of user' s pretreatment facilities; h) Failure to pay fines, fees or sewer users charges; i) Failure to follow enforcement orders or compliance of schedules; BOOK 332 PAGE 765 ORDINANCE NO. 4261 PAGE 35 j ) Failure to correct a condition that impedes or alters the POTW' s ability to monitor the user' s discharge or has the potential to cause interference or pass through. Sec. 34-91-2 . Procedures for Revocation: a) Any permit issued to a user pursuant to this subchapter may be revoked for any action which is subject to revocation under Section F (1) . No revocation shall be issued except upon notice delivered to the users by mailing the notice in the regular mail at the address listed on the wastewater discharge permit, a minimum of ten (10) days prior to the date set for hearing before the Superintendent or his or her designee . Such notice shall inform the user of the time, date and place of the hearing, the purpose of the hearing and shall set out the reasons therefor; b) If, after having a hearing, the Superintendent or his or her designee makes a finding based on substantial evidence that action subject to revocation under Section F (1) have occurred as alleged, the Superintendent or his or her designee may suspend, continue suspension of or revoke the permit; the determination of such action shall be in the discretion of the Superintendent or his or her designee and shall be dependent upon the circumstances surrounding violations by the user of Section F (1) and their severity; c) The decision of the Superintendent or his or her designee to suspend, continue suspension or to revoke the permit of a user whose discharge occurs within the City of Waterloo may be appealed to the City Council . The decision of the Superintendent or his or her designee to suspend, continue suspension or to revoke the permit of a user whose discharge occurs within another constituent community may be appealed to the City Council . In order to appeal such decision, written notice of appeal must be filed with the City Clerk within three days after receipt of the decision. Failure to file such written notice of appeal shall constitute a waiver of right to appeal the decision of the Superintendent or his or her designee) ; d) The notice of appeal shall state the grounds for such appeal and shall be delivered personally or by certified mail to the City Clerk. An appeal hearing before the City Council shall be scheduled at or before the next regular Council meeting, if such notice is received by 5 : 00 p.m. on the Wednesday before the next regular Council meeting. If notice is not received by the above- designated time, the hearing will be scheduled at or before the next following Council meeting, if notice is received within three days after receipt of the decision by the Superintendent or his or her designee . The hearing may be continued for good cause. The hearing shall be BOOK 332 PAGE 766 ORDINANCE NO. 4261 PAGE 36 confined to the record made before the Superintendent or his or her designee and the arguments of the parties or the representatives, but no additional evidence shall be taken. After such hearing, the City Council may affirm or reverse the order of the Superintendent or his or her designee . Such written decision shall be filed with the City Clerk within three days after the hearing, or any continued session thereof; e) A user whose permit has been revoked shall not be eligible for another permit until thirty days after the violating conditions have been corrected to the satisfaction of the Superintendent . Sec. 34-92 . G. LEGAL ACTION If any person discharges sewage, 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 in the court of this county. Sec. 34-93 . H. CONTINUING OFFENSE Each and every day, or portion thereof, of any violation of this ordinance or a use permit or a final order issued under this ordinance by any user shall constitute a separate and new violation by such user and shall be punishable as herein provided for civil and criminal penalties . Sec. 34-94. I. TERMINATION OF SERVICE Sec. 34-94-1. When ordered by the City Council or when fees and surcharges remain unpaid ninety (90) days after having been billed, the following notice shall be forwarded by registered mail, return receipt requested, certified mail, or personal service to the occupants at the address of the building being served by the City: NOTICE OF INTENT TO TERMINATE SERVICE You are hereby notified that due to (insert reason for termination) , the wastewater service to the building located at (insert address) will be terminated within thirty (30) days hereafter unless you have corrected the above situation. Your service will be disconnected and your building will be red-tagged as unfit for human occupancy on the thirty-fifth (35th) day after date of this notice . Dated WATER POLLUTION/FLOOD CONTROL OF WATERLOO BY: Superintendent Sec. 34-94-2 . The City hereby declares that it is against public policy for a building to be occupied by human inhabitants which has been red-tagged by the Waterloo Pollution/Flood BOOK 332 PAGE 767 ORDINANCE NO. 4261 PAGE 37 Control Division after appropriate notice has been given that the building is "a public nuisance and unfit for human occupancy. " Sec. 34-94-3 . In the event that such user fails to correct the cause for the above-notice, the following notice shall be forwarded by registered mail, return receipt requested, certified mail, or personal service to the occupants of the building and also affixed to the building or housing unit within a building: NOTICE OF TERMINATION You are hereby notified that there has been no response to the Notice of Intent to Terminate Service and the thirty (30) day period stated therein has lapsed. You are hereby notified that on (here insert date five days after service of this notice) , the City will physically disconnect the building sewer to your building from the sewage system to which it is connected and will red-tag the building located at (here insert address) as "unfit for human occupancy. " Dated WATER POLLUTION/FLOOD CONTROL OF WATERLOO BY: Superintendent Sec. 34-94-4 . The manner of severance and procedure for disconnection shall be determined by the Public Works Department . Upon completion of said disconnection, the Administrator shall forward to the occupant of the building by registered mail, return receipt requested, certified mail, or personal service a bill for the cost of making the disconnection, including all costs for labor and materials and a one hundred dollar ($100 . 00) service charge for City supervision. Sec . 34-95 . J. REINSTATEMENT OF SERVICE In the event of severance of service under Subsections D, F or I, the service may be reinstated in the following manner: Sec. 34-95-1. Upon payment to the City of any delinquency in full, plus penalties, plus the cost of the disconnection and the one hundred dollar ($100 . 00) City supervision fee, and an inspection by the Administrator to determine whether the original cause for termination has been corrected, the City will issue a permit for reconnection of the building service line to the POTW. Such reconnection costs, plus inspection fees for the City in accordance with the City subchapters, shall be at the sole expense of the user. Sec. 34-95-2 . Upon reconnection and payment of all costs described above, the City, through its agents, shall remove the red-tag from the building and the building shall, so far as the City is concerned, be "fit for human occupancy. " Sec . 34-96. K. ADDITIONAL REMEDIES BOOK 332 P4GE 768 ORDINANCE NO. 4261 PAGE 38 Sec. 34-96-1. In addition to remedies available to the City set forth elsewhere in this subchapter, if the City is notified of a violation or fined by the Iowa DNR or USEPA for violations of the City NPDES permit or violations of water quality standards as the result of a discharge of pollutants by identifiable user (s) , then the fine, including all City legal, sampling, analytical testing, costs and any other related costs shall be charged to the responsible user (s) . Such charge shall be in addition to any other remedies the City may have under this subchapter, at law or in equity. Sec. 34-96-2 . If the discharge from any user results in a deposition, obstruction, damage or other impairment to the POTW, the user shall become liable to the City for any expense, loss or damage caused by the violations or discharge . The City may add to the user' s charges and fees the cost assessed for any cleaning or repair, or replacement work caused by the violations or discharge. Secs. 34-97 - 34-99. Reserved. DIVISION IX. PENALTIES FOR NONCOMPLIANCE Sec. 34-100 . A. VIOLATIONS CONSTITUTE A PUBLIC NUISANCE 1) Violations of this ordinance, a permit or a final order are hereby declared to constitute a public nuisance. Sec. 34-101. B. SURCHARGES 1) In addition to prosecution and the imposition of penalties for violations, a user violating this ordinance, a permit or a final order shall be subject to one or more surcharges in accordance with this ordinance . Sec. 34-102 . C. CIVIL JUDICIAL RELIEF 1) The Superintendent is hereby empowered, with the City Attorney, to institute legal proceedings in a court of competent jurisdiction of the abatement of any nuisance, and to seek relief for violations of this ordinance, a use permit or a final order. The Superintendent may seek temporary or permanent injunctive relief, damages, civil penalties not to exceed $1, 000 . 00 per day per violation, costs and such other relief as a Court may order. The Superintendent may also seek collection of unpaid surcharges and penalties from the user. Sec. 34-103 . D. CUMULATIVE REMEDIES 1) The imposition of a single penalty, order, damage or surcharge upon a user for a violation of this ordinance, a permit or a final order shall not preclude the imposition by a court of competent jurisdiction of a combination of any or all of the sanctions and remedies or additional sanctions and remedies with respect to the same violation, consistent with applicable statutory limitations . A criminal citation and prosecution of a criminal action against a user shall not be dependent upon or held in BOOK 332 rarE 1 69 ORDINANCE NO. 4261 PAGE 39 abeyance during any civil, judicial or city administrative proceeding, conference or hearing regarding the user. Sec. 34-104 . E. CRIMINAL PENALTIES 1) Any user who is found to have violated an order of the City Council or who willfully or negligently failed to comply with any provision of this ordinance and the orders, rules, regulations and permits issued hereunder, shall be punished by a fine not exceeding one hundred dollars ($100 . 00) or imprisonment for thirty (3 0) days or both for each offense . Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense . In addition to the penalties provided herein, 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 ordinance or the orders, rules, regulations and agreements issued hereunder. Secs. 34-105 - 34-108. Reserved DIVISION X. WASTE HAULERS "RESERVED" Secs. 34-109 - 34-112 . Reserved DIVISION XI. PRIVATE SEWAGE DISPOSAL SYSTEMS Sec. 34-113 . A. PRIVATE SYSTEM REQUIRED Sec. 34-113-1. All houses, buildings or properties which are required by this ordinance or by other authority to have sanitary or industrial wastewater facilities and are located where the POTW is not available shall be equipped at the owner' s expense, with suitable wastewater facilities connected to a private wastewater disposal system which complies with the provisions of the Black Hawk County Health Department and all applicable requirements of the Code of the State of Iowa . This section shall not apply to any private system which discharges to the POTW or which discharges directly to a natural outlet by authority of a separate NPDES permit and in compliance with applicable state and federal laws . Sec. 34-113-2 . Whenever the POTW extends service to an area whereby it is available within 200 feet of the property line, the private system shall be properly abandoned and the facilities shall be connected to the POTW in accordance with this ordinance . Sec. 34-114. B. SANITARY OPERATION REQUIRED 1) The owner shall operate and maintain private wastewater disposal facilities in a sanitary manner at all times in accordance with applicable laws and regulations and at no expense to the City. The facilities shall be subject to inspection by the City at reasonable times should the City deem it necessary. Sec. 34-115. C. INSPECTIONS BOOK 332 wE 77© ORDINANCE NO. 4261 PAGE 40 Sec. 34-115-1. The City may inspect the private systems when the Superintendent deems it necessary. Sec. 34-115-2 . The inspector shall have the authority to require the owner of the private system to make necessary repairs to the system and/or properly maintain the system, including cleaning. Should the owner fail to make the necessary repairs or perform the required maintenance in a timely manner, the City may authorize the work and assess the owner. Sec. 34-115-3 . All outside water closets, privy vaults and septic tanks within the sanitary district shall be abandoned and removed on order of the inspector, where there is sanitary sewerage and water within two hundred (200) feet of the nearest point or property line on which said water closets, privy or privy vaults or septic tanks are located. Sec. 34-115-4 . Whenever an outside water closet or a privy is ordered removed by the inspector, it may be also ordered that a sanitary toilet or toilet facilities be installed and be connected with the sanitary sewer and the costs thereof collected as provided by statute. Secs. 34-116 - 34-120. Reserved. INTRODUCED: August 18, 1997 PASSED 1ST CONSIDERATION: August 18, 1997 PASSED 2ND CONSIDERATION: August 25, 1997 PASSED 3RD CONSIDERATION: October 6, 1997 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa on the 6th day of October 1997, and approved by the Mayor on the 8th day of October, 1997. John R. '.off, Mayo/ ATTEST: rG N nl? cy E lIert,LCity Clerk CERTIFICATE I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 4261, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 6th day of October, 1997 . Witness my hand and seal of office this 8th day of October, 1997 . ..._.----/,,k -- -ii.,,,i-- , Nancy Ec t, City Clerk Seal r BOOK 332 PAGE 771 FORM 1 . I T. STATE OF IOWA, SS I do solemnly swear that the annexed copy of legal City of Waterloo Black Hawk County, Ordinance 4261 notice was published in the Waterloo-Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa,once commencing on the 18th day of September 19 98 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper,and that the following is a correct bill for publishing said notice. Printer's Bill$ 846.47 Ji--1%/171(..) g Signed --- Subscribed and sworn to before me this be day of A.D., 19___9 / / 1 /.. /, Notary Public Received of the sum of Dollars in full for publication of the above notice.