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Doc ID: 003625700008 Type: GEN
Recorded: 12/29/2008 at 11:29:13 AM
Fee Amt: $42.00 Pape i of 8
Instr# 200800012705
Black Hawk County Iowa
JUDITH A MCCARTHY RECORDER
Book 1080 Pape 2978 - 2985
File2009-00012141
This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry
Street, Waterloo, Iowa.
ORDINANCE NO. 4927
AN ORDINANCE AMENDING THE 2007 CODE OF
ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY
ADDING ARTICLE E, LIQUID WASTE HAULER, TO
CHAPTER 3, SOLID WASTE COLLECTION AND
DISPOSAL, OF TITLE 4, PUBLIC HEALTH AND
SAFETY.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO,
IOWA:
That Article E, Liquid Waste Hauler, of Chapter 3, Solid
Waste Collection and Disposal, of Title 4, Public Health and
Safety, is hereby enacted as follows:
CHAPTER 3
SOLID WASTE COLLECTION AND DISPOSAL
ARTICLE E. LIQUID WASTE HAULER
4-3E-1: DEFINITIONS.
For the purposes of this chapter, the following terms have the
following meanings:
A. "Administrator" means the administrator or
Superintendent of the Waste Management Services
Department, or his designee.
B. "Disposal station" means the Septic Hauler disposal
pad at 3505 Easton Avenue, Waterloo, Iowa.
C. "Liquid waste" means the' 'contents of any privy vault,
cesspool, sump, septic tank, chemical toilet, or
acceptable commercial or industrial waste intended to
be disposed of at the Waste Management Services
Wastewater Treatment Facilities.
D. "Waste hauler" means any person, firm or entity
engaged in or engaging in the collection, removal or
transportation of liquid waste for the purpose of
disposing of the same at the Waste Management Services
Wastewater Treatment Facilities.
4-3E-2: PERMIT.
No waste hauler shall collect, remove or transport any liquid
waste from a site located within the corporate limits of the
city for the purpose of delivering such waste to the Wastewater
Treatment Facilities without first obtaining a Waste Haulers
Permit issued by the Waste Management Services Department.
I
Ordinance No. 4927
Page 2
4-3E-3: APPLICATION FOR PERMIT.
All applications for Waste Hauler Permits must be submitted in
writing, using the approved permit application, to the Waste
Management Services Department/Pretreatment Lab Services, 3505
Easton Avenue, Waterloo, Iowa, 50702.
4-3E-4: PERMIT FEE.
A. Upon the Administrator's, or his/her designee approval
of an application for Waste Haulers Permit, the
applicant shall deliver to the Waste Management
Services Department a sum of twenty-five dollars
($25.00) for each vehicle to be used by the applicant
in collecting, transporting and disposing of liquid
waste.
B. Permits are valid for three years. The permit must be
renewed prior to the expiration date specified thereon.
Renewal applications must be made in the same manner as
an initial application and shall be subject to review
and approval by the Administrator in the same manner as
initial applications. Renewal applications must be
submitted no later than thirty days prior to expiration
of the expiring permit. The permit fee must accompany
the renewal application.
4-3E-5: TRANSFERABILITY OF PERMIT.
Waste hauler permits are not transferable.
4-3E-6: SUSPENSION, REVOCATION OF PERMIT—CAUSE.
Any of the following shall constitute cause for the suspension
or revocation of a permit issued under this chapter when
committed by a permit holder or any employee, agent or
representative of a permit holder:
A. The making of any false or misleading statement
concerning, the nature, origin or quantity of liquid
waste delivered for disposal;
B. The making or supplying of any false signature or the
giving of any false or misleading information in
connection with any application or renewal application
or in connection with any record, statement or
document required to be prepared or maintained under
the provisions of this chapter;
C. The violation of any of the provisions of this
chapter.
4-3E-7: SUSPENSION, REVOCATION—PROCEDURE.
In the event of an occurrence warranting the suspension or
revocation of any permit issued under this chapter, the
following procedure shall apply:
Ordinance No. 4927
Page 3
A. The Administrator, or his/her designee, shall notify
the permit holder, in writing, that the permit is
suspended or revoked. Such notice shall be sent to the
permit holder by certified mail, return receipt
requested, at the address listed on the permit holder's
application. The notice shall set forth the nature of
the violation and shall set forth the period of
suspension, or in the case of revocation, that the
permit is revoked. The Administrator shall have the
authority to determine whether a violation requires
suspension (and for how long) or whether the permit
should be revoked. The notice shall advise the permit
holder of his right to request a hearing on the
suspension or revocation. The permit holder receiving
a notice of suspension or revocation may request a
hearing thereon before the Administrator. The hearing
request must be in writing, must have a copy of the
notice of suspension or revocation attached to it and
must be delivered to the Waste Management Services
Department no later than ten days after the date of
such notice. If no request for hearing is made within
the time set forth above, the suspension or revocation
shall, upon the expiration of such time, become
immediately effective and the permit holder shall have
no right to further hearing or appeal. If timely
request for hearing is made, the permit holder shall be
notified in writing of the time, date and place of
hearing which shall be no sooner than five, nor more
than fifteen, working days following the Waste
Management Services Department receipt of the request
for hearing.
B. If a hearing is requested, the suspension or revocation
shall not become effective until the written decision
of the Administrator is made; provided, however, that
if the Administrator determines that the violations
constituting cause for suspension or revocation present
an immediate hazard to person or property, the
administrator shall soy state in the notice of
suspension or revocation and, in that event, the
suspension or revocation shall be effective immediately
upon its issuance.
C. Any permit holder whose permit has been revoked shall
be ineligible for another permit for a period of one
year after the date of revocation.
4-3E-8: VEHICLE IDENTIFICATION.
Each vehicle used in the conveyance of liquid waste pursuant to
a permit issued under this chapter shall have a decal,
(supplied), displayed on either side of the truck cab or tank.
No vehicle without having such decal affixed shall be permitted
to discharge waste at the Waste Management Services Wastewater
Treatment Facilities. Such decals must bear the business name
of the waste hauler. Such decals shall not be transferred from
one vehicle to another.
Ordinance No. 4927
Page 4
4-3E-9: DISPLAY OF PERMIT.
The permit, or a copy of the original, containing the authorized
signature of the administrator, must be available when
discharging waste loads at the Waste Management Services
Wastewater Treatment Facilities. No person shall be allowed to
discharge waste unless such permit is available for inspection
at the time of such discharge.
4-3E-10: HOURS OF OPERATION.
Liquid wastes will be accepted at the disposal station between
the hours of 0800-1400 Monday through Friday. Weekend and
holiday hauling will not be accepted. Emergency hauling outside
the normal working times will be accepted only upon approval of
the Administrator which approval must be obtained at least
twenty-four hours prior to the projected hauling time. A
surcharge for after-hours hauling will be assessed to compensate
for overtime hours worked by city personnel.
4-3E-11: DISPOSAL STATION.
A. Waste haulers shall dispose of liquid waste permitted
to be disposed of pursuant to a permit issued under the
provisions of this chapter only at the disposal station
(Septic Hauler disposal pad at 3505 Easton Avenue,
Waterloo, Iowa), and only during the hours of
operation. Waste not regulated by this chapter shall
be disposed of according to the rules and regulations
for land application, 567 Iowa Administrative Code
121.3 (455B)(1) "a" through "m" or land filled at an
approved landfill site and otherwise in accordance with
all applicable federal, state and local statutes, rules
and regulations.
B. Waste haulers shall maintain the designated dumpsite at
the disposal station in a clean, orderly condition so
as to avoid noxious odors and unsanitary conditions.
The hauler must satisfactorily clean up any spillage,
which occurs during discharge of hauled wastes.
C. A representative sample shall be taken by the hauler
from each load discharged at the plant and given to the
city employee present at the time of discharge.
4-3E-12: IDENTIFICATION OF SOURCE—MANIFEST.
A. Waste haulers must provide documentation of the nature
and origin of wastes delivered to the disposal station
at the time of delivery. Such information shall be
provided on a manifest form provided by the
administrator and shall be presented to a city staff
member at the disposal station prior to discharge of
the waste load. A manifest form must be completed for
each load discharged. The manifest shall include:
1. The name, address and phone number of the waste
generator;
Ordinance No. 4927
Page 5
2. The type of waste collected;
3. The approximate volume of the load.
B. The administrator shall have the right to verify the
source, chemical nature and volume of the material
prior to disposal; including the right to sample and
make chemical analysis thereof.
If analysis of the hauled waste is needed, the fees for
the actual cost of performing such testing by the city
or as billed by an outside private testing laboratory
shall be invoiced to the waste hauler who shall pay the
same.
C. If the material is of a commercial or industrial
origin, the waste hauler shall obtain approval for
disposal of the waste from the administrator prior to
loading the waste for delivery to the disposal station.
4-3E-13: MIXING WASTES.
Wastes from residential and non-residential sources shall not be
mixed. Wastes from an industrial/commercial source shall not be
mixed with wastes of any type from another location. Portable
toilets may be mixed with similar wastes from different
locations as long as each source is identified in the Waste
Manifest. Grease trap waste may only be mixed with other
similar grease trap loads as long as each source is identified
in the Waste Manifest form. Residential wastes from several
sources may be mixed as long as each source is identified in the
Waste Manifest.
4-3E-14: WASTE LOAD LIMITS.
Waste loads hauled from commercial or industrial sources must
meet all applicable federal, state and local pretreatment
standards and requirements including categorical standards
developed for the waste generator's industrial category. The
administrator prior to delivery to the disposal station must
approve loads from commercial or industrial sources. The city
will routinely refuse to accept hauled wastes that can be land
applied without additional treatment. All residential septic
tank wastes that originate within the corporate city limits of
the city are acceptable. Waste loads must not:
A. Be a hazardous waste as defined in 40 CFR Part 261 of
the Federal Register, as amended;
B. Originate from a waste source outside the corporate
city limits of the city.
4-3E-15: SAND TRAP WASTES.
Wastes from sand traps, such as those located in car, truck and
trailer washes, which primarily contain sand and dirt, shall not
be accepted for disposal at the disposal station or at any other
city wastewater treatment facility. Such wastes shall be land
Ordinance No. 4927
Page 6
applied or land filled. The Administrator, if a request is made
in writing, may approve acceptance of such material only if a
suitable, approved alternative can be determined.
4-3E-16: MINERAL OIL GREASE TRAP WASTES.
A. Wastes from mineral oil and grease traps, such as those
located in vehicle maintenance facilities, shall not be
accepted for disposal at the disposal station or any
other city wastewater treatment facility.
4-3E-17: REJECTION OF WASTE LOADS.
The Administrator, or his/her designee, may reject any waste
load delivered to the disposal station for disposal. The
disposal station attendant, according to guidelines established
by the Administrator, may reject disposal of waste loads. In
the event a waste load is rejected, the waste hauler shall
provide a signed document to the administrator stating the
location, date and time the rejected load was disposed of within
five calendar days after the waste hauler picked up the rejected
load. Waste loads may be rejected for, but not limited to, the
following reasons:
A. Suspension or revocation of permit;
B. Failure to obtain a current city or state permit as
required by city ordinance or state law;
C. Failure to meet waste limits or to obtain pre -approval
for disposal of commercial or industrial wastes as
required under this chapter;
D. Failure to complete a waste hauler manifest form as
required under this chapter;
E. When a waste load exhibits unusual physical or chemical
characteristics or is from a source where pretreatment
must be completed prior to disposal;
F. To protect public or private property from damage;
G. For violations of this chapter or any other ordinances
or regulations of the city, or of any statutes, rules
or regulations of any other governmental entity.
4-3E-18: RATES.
A. All invoices for loads hauled to the disposal station
shall be billed at the first of each month. The
invoice will indicate the total gallons disposed of and
the total amount due. Payments will be due by the
first of the following month. For accounts past due, a
reminder invoice notice will be mailed. If payments
remain unpaid for thirty days past the reminder notice
date, the waste hauling contractor's permit will be
suspended until payment(s) are received. Surcharges
may be assessed for invoices over thirty days past due.
Ordinance No. 4927
Page 7
B. Fees for disposing of liquid waste at the disposal
station are as follows:
0-500 Gallons shall be charged a rate of $10
501-1000 Gallons shall be charged a rate of $20
Each additional 1000 Gallons will be charged an
additional $20
Hauled waste loads disposed that originate from outside City
jurisdiction will also include a flat surcharge fee of $20.
C. Analytical testing of the hauled waste will be on a
"Random and or Warranted Basis". At a minimum, each
permitted hauler will have one load random tested
annually. Results of such said testing would be
provided to the waste hauler.
Testing Fee's shall be as follows:
BOD=$17.50
TSS=$12.50
PH= $7.50
NH3N=$17.50
TKN=$17.50
OIL and Grease=$45.00
Metal Analysis=$45.00
D. A waste delivery manifest ticket will be completed at
the time of discharge and the waste hauler will be
provided with a copy.
4-3E-19: OTHER REGULATIONS.
The regulations set forth in this chapter are in addition to,
and not in substitution of, any other applicable federal, state
or local statutes, rules and regulations regarding the subject
matter of waste collection, transportation and disposal. Any
person holding a permit issued under this chapter shall, at all
times, abide by and remain in strict compliance with, all such
other statutes rules and regulations.
INTRODUCED: October 20, 2008
PASSED 1St CONSIDERATION: October 20, 2008
PASSED 2nd CONSIDERATION: October 27, 2008
PASSED 3rd CONSIDERATION: November 3, 2008
Ordinance No. 4927
Page 8
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 3rd day of November, 2008, and approved by
the Mayor on the 5th day of November, 2008.
Tim Hurley, Mr r
ATTEST:
C
Nancy Eck t, CMC
City Cler
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. 4927 as passed and adopted by the Council of
the City of Waterloo, Iowa, on the 3rd day of November, 2008.
Witness my hand and seal of office this 5th day of November,
2008.
SF' Nancy EckFit, CMC
City Cle k