HomeMy WebLinkAbout3329-02/27/1984 ORDINANCE NO.
a
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF
THE CITY OF WATERLOO, IOWA, BY REPEALING ARTICLE
III, SEWERS (SECTIONS 34-27 THROUGH 34-59) OF
CHAPTER 34, UTILITIES, AND ENACTING IN LIEU
THEREOF A NEW ARTICLE III, SEWERS.
DIVISION 1 - GENERAL PROVISIONS
SECTION 34-27. PURPOSE AND POLICY
This ordinance sets forth uniform requirements for
direct and indirect contributors to the wastewater
collection and treatment system for the City of Waterloo
and enables the City to comply with all applicable State
and Federal laws required by the Clean Water Act of 1977
and the General Pretreatment Regulations (40 CFR Part
403) .
The objectives of this ordinance are :
(a) To prevent the introduction of pollutants into
the municipality wastewater system which will
interfere with the operation of the system or
contaminate the resulting sludge ;
(b) To prevent the introduction of nollutants into
the municipal wastewater system which will pass
through the system, inadequately treated, into
receiving waters or the atmosphere or otherwise be
incompatible with the system;
(c) To improve the opportunity to recycle and reclaim
wastewaters and sludges from the system ; and
(d) To provide for equitable distribution of the cost
of the municipal wastewater system.
This ordinance provides for the regulation of direct
and indirect contributors to the municipal wastewater
system through the issuance of Wastewater Discharge Permits
to certain other users, authorizes m9nitorin9 and
enforcement activities , requires user reporting, assumes
that existing customer 's capacity will not be preempted,
and provides for the setting of fees for the equitable
distribution of costs resulting from the program
established herein.
This ordinance shall apply to the City of Waterloo and
to persons outside the City who are, by contract or
agreement with the City, users of the City POTW. Except as
otherwise provided herein, the Superintendent of the City
POTW shall administer, implement, and enforce the
provisions of this ordinance.
SECTION 34-28. DEFINITIONS (PREVIOUSLY SEC. 34-27)
Unless the context specifically indicates otherwise,
the following terms and phrases , as used in this ordinance ,
shall have the meanings hereinafter designated:
(1) Act or "the Act. " The Federal Water Pollution
ControlAct, also nown as the Clean Water Act, as
amended , 33 U.S.C. 1251 , et. seq.
(2) Approval Authority. The Director of the
Department ot Water, Air and Waste Management of the
State of Iowa.
(3) Authorized Representative of Industrial User. An
authorized representative ot an Industrial User may
be : (1) Any individual designated by the Industrial
User to act on their behalf; or (2) A principal
executive officer of at least the level of
vice-president, if the Industrial User is a
corporation; or (3) A general partner or proprietor
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if the industrial user is a partnership or
proprietorship respectively. A duly authorized
representative is responsible for the overall
operation of the facilities from which the indirect
discharge originates .
( 4 ) Biochemical Oxygen Demand ( BOD ) . The quantity of
oxygen utilized in the loc emica oxidation of
organic matter under standard laboratory procedure ,
five ( 5) days at 20° centigrade expressed in terms of
weight and concentration [miligrams per liter
(m9/ 1 ) ] .
( 5 ) Building Sewer . A sewer conveying wastewater
from the premises of a User to the POTW.
( 6 ) Categorical Standards . National Categorical
Pretreatment Standards oriretreatment Standard .
( 7 ) City. The City of Waterloo or the City Council
of Waterloo .
( 8) Cooling Water . The water discharged from any use
such as a r conditioning, cooling or refrigeration , or
to which the only pollutant added is heat .
( 9 ) Control Authority. The term "Control Authority"
shall refer to the "Approval Authority, " defined
hereinabove ; or the Superintendent if the City has an
approved Pretreatment Program under the provisions of
40 CFR 403. 11 .
( 10) Direct Discharge . The discharge of treated or
untreate wastewater directly to the waters of the
State of Iowa.
( 11 ) Environmental Protection Agency, or EPA. The
U. S. Environmental Protection gency, or w ere
appropriate, the term may also be used as a
designation for the Administrator or other duly
authorized official of said agency.
( 12) Grab Sample . A sample which is taken from a
waste stream on a one-time basis with no regard to the
flow in the waste stream and without consideration of
time .
( 13) Holding Tank Waste . Any waste from holding
tanks such as vesse s, chemical toilets , campers ,
trailers , septic tanks , and vacuum-pump tank trucks .
( 14) Indirect 'Discharge . The discharge or the
introduction of nondomestic pollutants from any source
regulated under section 307 (b ) or (c ) of the Act ( 33
U . S . C . 1317 ) into the POTW ( including holding tank
waste discharged into the system) .
( 15 ) Industrial User . A source of indirect discharge
which does no cons i ute a "discharge of pollutants"
under regulations issued pursuant to section 402 of
the Act ( 33 U . S . C . 1342 ) .
( 16 ) Interference . The inhibition or disruption of
the POTW treatment processes or operations which
contributes to a violation of any requirement of the
City ' s NPDES Permit . The term includes prevention of
sewage sludge use or disposal by the POTW in
accordance with 405 of the Act ( 33 U . S . C. 1345 ) , or
any criteria, guidelines , or regulations developed
pursuant to the Solid Waste Disposal Act ( SWDA) , the
Clean Air Act , the Toxic Substances Control Act , or
more stringent state criteria ( including those
BOOK 254 PAGE U69
Page 3
contained in any State sludge management plan prepared
pursuant to Title IV of SWDA) applicable to the method
of disposal or use employed by the POTW.
(17) National Categorical Pretreatment Standard or
Pretreatment Standard. Any regulation containing
pollutant discharge limits promulgated by the EPA in
accordance with section 307(b) and (c) of the Act (33
U. S.C. 1347) which applies to a specific category of
Industrial Users.
(18) National Prohibitive Discharge Standard or
Prohibitive Discharge Standard. Any regulation
developed under the aut ority of 307(b) of the Act and
40 CFR Section 403. 5.
(19) New Source. Any source, the construction of
which is commenced after the publication of proposed
regulations prescribing a section 307(c) (33 U.S.C.
1317) Categorical Pretreatment Standard which will be
applicable to such source, if such standard is
thereafter promulgated within 120 days of proposal in
the Federal Register. Where the standard is
promulgated later than 120 days after proposal, a new
source means any source, the construction of which is
commenced after the date of promulgation of the
standard.
(20) National Pollution Discharge Elimination System
or NPDES Permit. A permit issued pursuant to section
402 oE the A6t 33 U. S.C. 1342) .
(21) Person. Any individual, partnership ,
copartnership, firm, company, corporation,
association, joint stock company, trust, estate,
governmental entity or any other legal entity, or
their legal representatives, agents, or assigns. The
masculine gender shall include the feminine; the
singular shall include the plural yhere indicated by
the context.
(22) Ham. The logarithm of the reciprocal of the
hydrogen ion concentration or activity in moles per
liter.
(23) Pollution. The man-made or man-induced
alteration of the chemical, physical, biological, and
radiological integrity of water.
(24) Pollutant. Any dredged spoil, solid, solid
waste, incinerator residue, sewage , garbage, sewage
sludge, chemical wastes, biological materials,
radioactive materials , rock, sand, cellar dirt or
industrial, municipal, and agricultural waste
discharged into water.
(25) Pretreatment or Treatment. The reduction of the
amount of pollutants , the elimination of pollutants ,
or the alteration of the nature of pollutant
properties in wastewater to a less harmful state prior
t in ieu of discharging or otherwise introducing
such pollutants into a POTW. The reduction or
alteration can be obtained by physical, chemical or
biological processes , or process changes by other
means , except as prohibited by 40 CFR Section
403. 6(d) .
(26) Pu_blic��l� Owned Treatment Works (POTW) A
treatments as definby Section 212 of the Act ,
BOOK, 254 PAGE � i 0
Page 4
(33 U.S.C. 1292) which is owned in this instance by
the City. This definition includes any sewers that
convey wastewater to the POTW treatment plant, but
does not include pipes, sewers or other conveyances
not connected to a facility providing treatment. For
the purposes of this ordinance, "POTW" shall also
include any sewers that convey wastewaters to the POTW
from persons outside the City who are, by contract or
agreement with the City, users of the City ' s POTW.
(27) POTW Treatment Plant. That portion of the POTW
designed to provide treatment to wastewater.
(28) Shall is mandatory; May is permissive.
(29) Significant Industrial User. Any Industrial
User ot the City 's wastewater isposal system who (i)
has a discharge flow of 25,000 gallons or more per
average work day, or (ii) has a flow greater than five
percent (5%) of the flow in the city 's wastewater
treatment system, or (iii) has in his wastes toxic
pollutants as defined by State statutes and rules , or
(iv) is found by the City, Iowa Department of
Environmental Quality, or the U. S. Environmental
Protection Agency (EPA) to have significant impact ,
either singly or in combination with other
contributing industries, on the wastewater treatment
system, the .quality of sludge, the system's effluent
quality, or air emissions generated by the system.
(30) State. State of Iowa.
(31) Standard Industrial Classification (SIC) . A
classi ication pursuant to the Standard Industrial
Classification Manual issued by the Executive Office
of the President, Office of Management and Budget,
1972.
(32) Storm Water. Any flow occurring during or
following any of natural precipitation and
resulting therefrom.
(33) Suspended Solids . The total suspended matter
that floats on the surface of, or is suspended in,
water, wastewater or other liquids , and which is
removable by laboratory filtering.
(34) Superintendent. The person designated by the
City to supervise the operation of the publicly owned
treatment works and who is charged with certain duties
and responsibilities by this article, or his duly
authorized representative.
(35) Toxic Pollutant. Any pollutant or combination
of pollutants liste aG Toxic in regulations
promulgated by the Administrator of the Environmental
Protection Agency under the provision of CWA 307 (a) or
other Acts.
(36) User. Any person who contributes , causes or
permits the contribution of wastewater into City' s
POTW.
(37) Wastewater. The liquid and water-carried
industrial or domestic wastes from dwellings,
commercial buildings , industrial facilities , and
institutions, together with any ground water, surface
water, and storm water that may be present, whether
treated or untreated, which is contributed to or
permitted to enter the POTW.
BOOK 254 PAGE ��1
Page 5
(Rev . Ord . No . 1821 , §19 Comp . 19419 p. S-31 ; Ord .
No - 3032, 6/11 /79 )
SECTION 34-29. ABBREVIATIONS
The following abbreviations shall have the designated
meanings :
( 1 ) BOD - Biochemical Oxygen Demand
( 2) CFR - Code of Federal Regulations
( 3 ) COD - Chemical Oxygen Demand
(4) EPA - Environmental Protection Agency
( 5 ) 1 - Liter
(6 ) mg - Milligrams
( 7 ) mg/l - Milligrams per Liter
(8) NPDES - National Pollutant Discharge Elimination
System
( 9) POTW - Publicly Owned Treatment Works
( 10) SIC - Standard Industrial Classification
( 11 ) SWDA - Solid Waste Disposal Act , 42
et . seq . U. S . C . 6901 ,
( 12) USC - United States Code
( 13) TSS - Total Suspended Solids
SECTION 34-30. ESTABLISHMENT OF SEWER DISTRICT ( PREVIOUSLY
SEC . 34-29)
All of the territory within the City shall constitute
one ( 1 ) sewer district from and after July 31 , 1924.
Nothing contained in this section shall be construed
to impair or invalidate the existing obligations against
either of the two ( 2 ) respective sewer districts existing
prior to July 31 , 1924, namely, Sewer District No. 1
comprising all that portion of the City situated on the
easterly side of the Cedar River, and Sewer District No. 2,
comprising all that portion of the City situated on the
westerly side of the Cedar River, but the two ( 2 )
respective districts shall continue to exist for the sole
and only purpose of the levying and collection of taxes
against the respective districts to retire the existing
obligations against each respective district, and when the
obligations against each respective district shall have
been paid in full , then the two ( 2) districts shall cease
to exist for any purpose whatsoever (Rev . Ord . No .
2, Co p . 19419 P. S-7 ) . 1186 &
DIVISION 2 - REGULATIONS
SECTION 34-31 . AUTHORITY OF SANITARY INSPECTOR - PRIVATE
SEWAGE FACILITIES ( PREVIOUSLY SEC . 34-29)
septic tloutside water closets ,
ankswiithinthesanitarydistrrictyvaults
shall be
abandoned and removed on order of the sanitary 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 .
BOOK 254 PAGE U72 2
Page 6
(b ) Whenever an outside water closet or a privy is
ordered removed by the sanitary 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 (Rev . Ord .
No . 1197 , §§5-7, Comp. 1941 , p. S-17 ) .
SECTION 34-32 . PLANT UNDER CITY CONTROL ( PREVIOUSLY SEC .
34-32 )
The POTW of the City shall be under the supervision
and control of the City, and the City council shall employ
a full -time superintendent of the water pollution control
plant, and such other employees as may be necessary and
proper for the operation of the POTW and for the conduct of
the business incident to the operation thereof ( Rev . Ord.
No . 15779 §5, Comp . 1941s p. D-10) .
SECTION 34-33. GENERAL DISCHARGE PROHIBITIONS ( PREVIOUSLY
SEC . 34-39 THROUGH SEC . 34-42)
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 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 or be injurious in any
other way to the POTW or to the operation of the POTW .
At no time, shall two successive readings on an
explosion hazard meter, at the point of discharge into
the system ( or at any point in the system) be more
than five percent ( 5%) nor any single reading over ten
percent ( 10%) of the Lower ExplosOve Limit ( LEL) of
the meter . Prohibited materials include, but are not
limited to, gasoline, kerosene, naphtha, benzene,
toluene, xylene, ethers , alcohols , ketones , hydrides ,
and sulfides and any other substances which the City,
the State or EPA has notified the User is a fire
hazard or a hazard to the system.
(b ) Solid or viscous substances which may cause
obstruction to the flow in a sewer or other
interference with the operation of the wastewater
treatment facilities such as , but not limited to :
grease , garbage with particles greater than one-half
( 1 /211 ) in any dimension, animal guts or tissues ,
paunch manure , bones , hair, hides or fleshings ,
entrails , whole blood, feathers, ashes, cinders , sand ,
spent lime, stone or marble dust, metal , glass , straw,
shavings , grass clippings, rags, spent grains , spent
hops , waste paper, wood , plastics , gas , tar , asphalt
residues , residues from refining, or processing of
fuel or lubricating oil , mud, or glass grinding or
polishing wastes .
( c ) Any wastewater having a pH less than 5 . 0, or
higher than,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
Bf10K G�� PAGE c'7�i J
Page 7
wastewater treatment process , constitute a hazard to
humans or animals, create a toxic effect in the
receiving waters of the POTW, or to exceed the
limitation set forth in a Categorical Pretreatment
Standard. A toxic pollutant shall include but not be
limited to any pollutant identified pursuant to
Section 307(a) of the Act.
(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 stbstance discharged to
the POTW cause the POTW to be in non-compliance with
sludge use or disposal criteria, guidelines or
regulations developed under Section 405 of the Act ;
any criteria, guidelines , or regulations affecting
sludge use or disposal developed pursuant to the Solid
Waste Disposal Act, the Clean Air Act, the Toxic
Substances Control Act, or State criteria applicable
to the sludge management method being used.
(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 treatment
plant resulting in interference, but in no case
wastewater with a temperature at the introduction to
the POTW which exceeds 40°C (104°F) unless the POTW
treatment plant is designed to accommodate such
temperature.
(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 know will cause interference to the POTW.
That the 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 halflife or concentration as may
exceed limits established by the Superintendent in
compliance with applicable State or Federal
regulations .
(1) Any wastewater which causes a hazard to human
life or creates a public nuisance.
When the Superintendent determines that a user(s) is
contributing to the POTW any of the above enumerated
substances in such amounts as to interfere with the
operation of the POTW, the Superintendent shall : (1)
advise the user(s) of the impact of the contribution on the
BOY 254
Page 8
POTW; and (2) develop effluent limitation(s) for such user
to correct the interference with the POTW.
SEC. 34-34. FEDERAL CATEGORICAL PRETREATMENT STANDARDS
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 Ordinance for sources in
that subcategory, shall immediately supersede the
limitations imposed under this Ordinance. The
Superintendent shall notify all affected users of the
applicable reporting requirements under 40 CFR Section
403. 12.
SEC. 34-35. MODIFICATION OF FEDERAL CATEGORICAL
PRETREATMENT STANDARDS.
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 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 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. 34-36. SPECIFIC POLLUTANT LIMITATIONS.
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 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.
State requirements and limitations on discharges shall
apply in any case where they are more stringent than
Federal requirements and limitations or those in this
ordinance.
SEC. 34-37. CITY' S RIGHT OF REVISION.
The City reserves the right to establish by ordinance
more stringent limitations or requirements on discharges to
the wastewater disposal system if deemed necessary to
comply with the objectives presented in Section 34-27 of
this Ordinance.
SEC. 34-38. EXCESSIVE DISCHARGE.
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. (Comment:
Dilution may be an acceptable means of complying with some
of the prohibitions set forth in Section 34-33, e.g. the pH
prohibition. )
SEC. 34-39. ACCIDENTAL DISCHARGES.
Each user shall provide protection from accidental
discharge of prohibited materials or other substances
regulated by this Ordinance. Facilities to prevent
accidental discharge of prohibited materials shall be
provided and maintained at the owner or user 's own cost
Bay 254 PAGET15 15
Page 9
and expense. Detailed plans showing facilities and
operating procedures to provide this protection shall be
submitted to the City for review, and shall be approved by
the City before construction of the facility.
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 relieve the user of any expense, loss , damage, or
other liability which may be incurred as a result of damage
to the POTW, fish kills, or any other damage to person or
property; nor shall such notification relieve the user of
any fines, civil penalties, or other liability which may be
imposed by this article or other applicable law.
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. 34-40. CONSTRUCTION AND MAINTENANCE OF INTERSEPTORS.
(PREVIOUSLY SEC. 34-43)
(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 amonts, or any flammable
wastes , sand or other harmful ingredients ; except that such
interceptors shall not be required for private living
quarters or dwelling units.
(2) All interceptors shall be of a type and capacity
approved by the City, and shall be located 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 removably covers which when bolted in place shall be
gastight and watertight.
(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 .
DIVISION 3 - RATES AND CHARGES
SEC. 34-41 . DEFINITION OF DOMESTIC SEWAGE.
As used in this division, "domestic sewage" shall mean
any sewage having a BOD of not more than three hundred
(300) parts per million and suspended solids (SS) of not
more than three hundred fifty (350) parts per million, and
containing no such chemical or other substance as would
interfere with the proper operation of the POTW (Rev. Ord.
No. 1577 , §1, Comp. 1941, P. D-10; Ord. No. 3032 , 6/11/79)
SEC. 34-42. CONNECTION CHARGES.
(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
BOOK 254 PACE U76
Page 10
shall be no 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 dollars and fifty cents ( $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
construction after January 1 , 1978, 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 construction cost ( ncluding 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) The provisions of the hook-on charge provided for
in this chapter shall not apply to any property
covered by a specific hook-on charge ordinance .
( 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
complied with the terms and conditions for such connection
established by the City Council as authorized by Section
391 . 17 of the 1966 Code of Iowa. 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 the
City ' s main sewer and all sewerage facilities to which the
sewer will be contributory ( Supp. No . 27 ) .
( 3) Use of sewer connection charges . Such charges
shall be due without regard to whether the sewer involved ,
trunk sewers , or sewerage treatment plants 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 .
Building sewer connection charges shall be deposited in a
separate fund to be known as the "Sewer Connection Fund"
and shall only be disbursed and used for the following
purposes :
BODK 254 PAGE ,� 7
Page 11
( a) To meet interest and principal payments on bonds
legally authorized for the financing of sanitary
utilities .
( b ) To pay any costs of the construction, maintenance
or repair of such sanitary facilities or utilities ,
including payments to be made under any contract
between municipalities for the provision of sewer
facilities or sewer services .
Cross and lateral sewer connection charges shall be
deposited in the sanitation fund .
( 4) Where connections permitted . No building sewer
connection shall a 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 his 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 .
( 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 section shall be, upon
conviction, deemed guilty of a misdemeanor and subject to
fine and imprisonment as provided by law ( Ord . No . 2531 ,
§§1 -5 , 7/14/70; Ord . No . 2945 , §§2-4, 2/13/78; Ord . No .
3194, §§1 -5 , 2/22/82 )
SECTION 34-43. DETERMINATION OF RATES AND CHARGES
( PREVIOUSLY SEC . 34-54 )
Each and every lot , parcel or real estate or building
or premises situated within or without the City that is
connected with and uses the sewer outlet and purifying
plant of the City, by or through any party of the sewage
system of the City, or that in any way uses or is served by
a sewer outlet and the purifying plant or otherwise
discharges sanitary sewage, industrial waste, water or
other liquid, either directly or indirectly, into the
sewerage system of the City, shall pay a service charge,
rate or rental to the City in accordance with the following
schedule :
( 1 ) The maximum quarterly rate shall be based on one
hundred ( 100 ) percent of water consumption during the
winter quarter as recorded by the Waterloo Water
Works . A winter quarter bill is a bill that is
submitted for three months , covering the months of
November , December , January, February, March and April
or any portion thereof. or those users of water
being billed on a monthly basis by the Waterloo Water
Works , the maximum monthly rate shall be based on one
hundred ( 100) percent of the average water consumption
for the months of December , January and February as
recorded by the Waterloo Water Works . Industrial
users will be billed on actual water consumption
rather than winter consumption unless winter
consumption is approved by the Superintendent . Any
special or private contracts shall be metered at the
user ' s expense .
( 2 ) Users who have their own private wells shall pay
a minimum charge as computed by the Waterloo Water
BOOK 254 PAGE 8 10
Page 12
Works unless notified by the Superintendent of the
POTW that the users must comply with Section 34-56.
(3) Users who are located outside of the limits of
the City shall pay double the rates specified in this
section.
(4) If the rates as specified in this division are
not paid when due as required by this division, 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.
(5) A surcharge for wastewaters or other sewage
having a BOD of more than three hundred (300) parts
per million, or more than three hundred fifty (350)
parts per million solids, 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:
Flow A/12 x . 33 x Bl = Cf
BOD A/12 x . 33 x B2 = CBOD
SS A/12 x . 33 x B3 = CSS
Total month assessment = Ct
A = Annual budget minus debt service, collection
costs, bond retirement, and reserve fund.
Bl = Industry 's share of the plan flow calculated
during the month.
B2 = Industry 's share of the plant 's BOD loading,
calculated from samples taken during the month.
B3 = Industry 's share of the plant ' s SS loading,
calculated from samples taken during the month.
(6) Beginning July 1, 1982, the following sewer
rental charge will become effective:
Monthly Quarterly Charge Per
Use Use 100 Cubic Feet
(Ccf) (Ccf) Monthly Quarterly
First 3 First 9 Minimum Minimum
Over 3 Over 3 $0. 69 $0.69
Minimum charge will be equal to the amount charged by
the waterworks for minimum charge. The rates for
sewer service charges shall be established from time
to time by city council ordinance. (Rev. Ord. No.
1577 , S 1, Comp. 1941, p. D-10; Ord. No. 2556 , §2, 3 ,
4/12/71 ; Ord. No. 2676, 4/22/74; Ord. No. 2826,
6/28/76; Ord. No. 3032 , 6/11/79; Ord. No. 3038,
7/9/79 ; Ord. No. 3082, 4/28/80 ; Ord. No. 3149, 6/8/81 ;
Ord. No. 3207 , 5/3/82)
SECTION 34-44. DETERMINATION OF SEWAGE VOLUME AND
PRIVATE WATER SUPPLY METERING (PREVIOUSLY SEC. 34-56)
The amount of sewage discharged into a city sewer
by any user shall be determined by and held to be the
amount of water used by him as shown by the meter
readings of the water works of the City or the meter
readings for the water from a private water supply.
If a user shall use water which, in whole or in part
comes from a private water supply, the user shall
KKK. 254 PAGE 8A
Page 13
meter the water coming from a private water supply at
his own expense when required by the Superintendent of
the POTW and shall pay the same sewer rental rates as
allowed in Section 34-43 (Rev. Ord. No. 1577 , §1,
1941, p. D-10 ; Ord. No. 2526 , §5, 6 , 4/12/71 ; Ord. No.
2826 , 6/28/76) .
DIVISION 4 - FEES
SECTION 34-45. CHARGES AND FEES
(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 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 covered by
this ordinance and are separate from all other fees
chargeable by the City.
(2) City 's Scheduling of Charges and Fees .
(a) A surveillance monitoring fee of $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 $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 $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 $200.00. Renewal
Wastewater Discharge Permit Applications for permit
renewal shall be assessed for each request in the
amount of $200. 00. An additional fee shall be
assessed in the amount of $100.00 for past due
applications as required by this ordinance.
(f) An Appeal Filing Fee shall be assessed in
the amount of $100.00.
BOOK 254 PACED
Page 14
DIVISION 5 - ADMINISTRATION AND PERMITS
SECTION 34-46. WASTEWATER DISCHARGES
No direct or indirect non-domestic contributor shall
discharge or convey, or permit or allow to be discharged or
conveyed, any wastewater to the POTW without a City
Wastewater Discharge Permit except as authorized under the
provisions of this ordinance.
SECTION 34-47. WASTEWATER DISCHARGE PERMITS
(a) General Permits. All major and minor industrial
users proposing to connect to the POTW shall obtain a
Wastewater Discharge Permit before connecting to or
contributing to the POTW. Each individual building sewer
of a major or minor user must have a Wastewater Discharge
Permit. Proposed new users must obtain such Permit prior
to connecting or contributing to the POTW.
(b) Permit Application. Users required to obtain a
Wastewater Discharge Permit shall complete and file with
the City an application, in the form prescribed by the
City, and accompanied by the appropriate fee. Existing
users shall apply for a Wastewater Discharge Permit within
thirty (30) days after the effective date of this
ordinance, and proposed new users shall apply at least
ninety (90) days prior to connecting to or contributing to
the POTW. In support of the application, the user shall
submit, in units and term appropriate for evaluation, the
following information:
(1) N^me, 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, 1972, as amended;
(3) Wastewater constituents and characteristics
including but not limited to those mentioned in
Division 2 of this Ordinance as determined by a
reliable analytical laboratory; sampling and analysis
shall be performed in accordance with procedures
established by the EPA pursuant to Section 304(8) of
the Act and contained in 40 CFT, Part 136, as
amended ;
Where 40 CFT, 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.
(4) Time and duration of contribution;
(5) Average daily and estimated peak wastewater flow
rates , including daily, monthly and seasonal
variations if any;
(6) Show all sewers , sewer connections , testing
places and provide site plans, floor plans, mechanical
and plumbing plans when available;
BOOK 254 PACE 8,01
Page 15
(7) General description of activities which may be
discharged to POTW;
(8) Where known, the nature and concentration of any
pollutants in the discharge which are limited by any
Federal or Catagorical 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;
(9) 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 Catagorical
Pretreatment Standards shall not be later than the
compliance date established for applicable
Pretreatment Standards.
The following Conditions shall apply to the schedule :
(i) 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. )
(ii) The schedule should be submitted to POTW
Supervisor for approval.
(iii) Not later than fourteen (14) days
following each date in the schedule and the final
date for compliance, the user shall submit a
progress report to the 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
rea4on for dealy, 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.
(10) Each product produced by type, and amount ;
(11) Number and type of employees, and hours of
operation of plant and proposed or actual hours of
operation of pretreatment system;
(12) Any other information as may be deemed by the
City to be necessary to evaluate the permit
application.
Bo K 254 PACE 882
Page 16
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 ) Permit Modifications . Within nine (9) months of
the promulgation of a Federal Categorical Pretreatment
Standard , the Wastewater Discharge Permit of the users
subject to such standards shall be revised to require
compliance with such standard within the time frame
prescribed by such standard . Where a user, subject to a
Federal Categorical Pretreatment Standard, has not
previously submitted an application for a Wastewater
Discharge Permit as required by Section (b ) above , the user
shall apply for a Wastewater Discharge Permit within
ninety ( 90) days after the promulgation of the applicable
Federal Categorical Pretreatment Standard.
(d ) Permit Conditions . Wastewater Discharge Permits
shall be express y su pec o 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 :
( 1 ) The unit charge or schedule of user charges and
fees for the wastewater to be discharged to the POTW ;
( 2 ) Limits on the average and maximum wastewater
constituents and characteristics ;
( 3) Limits on average and maximum rate and time of
discharge or requirements for flow regulations and
equalization ;
( 4) Requirements for installation and maintenance of
inspection and sampling facilities ;
( 5) Specifications for monitoring programs which may
include sampling locations, frequency of sampling,
number, types and standards for tests and reporting
schedule ;
(6) Compliance schedules ;
( 7 ) Requirements for submission of technicl reports
or discharge reports ( See Section 34-47 ) ;
(S) Requirements for maintaining and retaining plant
records relating to wastewater discharge as specified
by the City, and affording City access thereto ;
( 9) Requirements for notification of the City 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 :
( 10) Requirements for notification of accidental
discharges as per Section 34-39;
( 11 ) Other conditions as deemed appropriate by the
City to ensure compliance with this Ordinance .
BOOK
Page 17
(e) Permits 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 ^eriod 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 as limitations or
requirements as identified in Division 2 are modified or
other just cause exists. 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.
(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.
SECTION 34-48. REPORTING REQUIREMENTS
(a) Compliance Reports . Within 90 days following the
date for final compliance with applicable Pretreatment
Standards or, in the case of a new source, following
commencement of the introduction of wastewater into the
POTW, any user subject to Pretreatment Standards and
Requirements shall submit to the 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 0&M 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.
(b) Periodic Reports . Any user subject to a
Pretreatment Standard shalT submit to the Superintendent a
report indicating the nature and concentration of
pollutants in the effluent that are limited by that
standard. The report shall also include a record of all
daily flows that exceeded the daily flow reported by the
user on its Wastewater Discharge Permit. The
Superintendent has the right to require as many reports 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.
(c) Other Reports. Tha Superintendent may require
other reports rom Industrial Users as necessary, including
but not limited to the reports required by 40 CFR 403. 12.
Reporting requirements will be made conditions of the
treatment agreement.
BOOK 254 PAGE 884
Page 18
SECTION 34-49 . MONITORING FACILITIES ( PREVIOUSLY SEC .
34-45)
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 .
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 .
Whether constructed on public or private property, the
sampling and monitoring facilities shall be provided in
accordance with the City ' s requirements and all applicable
local construction standards and specifications .
Construction shall be completed within 90 days following
written notification by the City. ( Rev . Ord . No . 1821 ,
§11 , Comp . 1941 , p. S-31 ; Ord . No . 2826, 6/28/76)
SECTION 34-50. INSPECTION AND SAMPLING ( PREVIOUSLY SEC .
34-31 AND 34-46)
The City shall inspect the facilities of any user to
ascertain whether the purpose of this Ordinance 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 asare 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 .
( Rev . Ord . No. 1821 , §§12, 15, Comp . 1941 , p. S-31 )
SECTION 34-51 . PRETREATMENT ( PREVIOUSLY SEC . 34-44 )
Users shall provide necessary wastewater treatment as
required to comply with this Ordinance and shall achieve
compliance with all Federal Categorical Pretreatment
Standards within the time limitations as specified by the
Federal Pretreatment Regulations . Any facilities required
to pretreat wastewater to a level acceptable to the City
shall be provided , operated , and maintained at the user ' s
expense. Detailed plans showing the pretreatment
facilities and operating procedures shall be submitted to
BocK ?54 PACE
Page 19
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 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 initiation of the changes.
The City shall annually publish in the largest local
newspaper a list of the users which were not in significant
compliance (as defined in CFR 403) with any Pretreatment
Requirements or Standards at least once during the 12
previous months. The notification shall also summarize any
enforcement actions taken against the user(s) during the
same 12 months.
All records relating to compliance with Pretreatment
Standards shall be made available to officials of the Iowa
Department of Environmental Quality or the EPA upon
request. (Rev. Ord. No. 1821 , 5§9, 10, Comp. 1941, p.
S-31)
SECTION 34-52. CONFIDENTIAL INFORMATION
Information and data on a user obtained from reports ,
questionnaires, permit applications , permits and monitoring
programs, and from inspections shall be available to the
public or other governmental agency without restriction
unless the user specifically requests and is able to
demonstrate to the satisfaction of the City that the
release of such information would divulge information ,
processes or methods of production entitled to protection
as trade secrets of the user.
When requested by the person furnishing a report, the
portions of a report which might disclose trade secrets or
secret processes shall not be made available for inspection
by the public but shall be made available upon written
request to governmental agencies for uses related to this
Ordinance, the 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 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 any governmental agency or to the general
public by the City until and unless a ten-day notification
is given to the user.
DIVISION 6 - ENFORCEMENT
SECTION 34-53. HARMFUL CONTRIBUTIONS
The City may suspend the wastewater treatment service
and/or a Wastewater Treatment Agreement when such
suspension is necessary, in the opinion of the City, in
order to stop an actual or threatened discharge that
presents or may present an imminent or substantial danger
to the health or welfare of persons, to the environment, or
that causes interference to the POTW or causes the City to
violate any condition of its NPDES Permit.
BOOK 254 PAGE 886
Page 20
Any person notified of a suspension of the wastewater
treatment service and/or the Wastewater Discharge Permit
shall immediately stop or eliminate the contribution . In
the event of a failure of the person to comply voluntarily
with the suspension order, the City shall take such steps
as deemed necessary including immediate severance of the
sewer connection to prevent or minimize damage to the POTW
system or endangerment to any individuals . The City shall
reinstate the Wastewater Discharge Permit and/or the
wastewater treatment service upon proof of the elimination
of the non-complying discharge. A detailed written
statement submitted by the user describing the causes of
the harmful contribution and the measures taken to prevent
any future occurrence shall be submitted to the City within
fifteen ( 15) days of the date of occurrence.
SECTION 34-54. REVOCATION OF PERMIT
Any user who violates the following conditions of this
Ordinance, or applicable State and Federal regulations , is
subject to having his agreement revoked :
( a) Failure of a user to factually report the
wastewater constituents and characteristics of his
discharge ;
(b ) Failure of the user to report significant changes
in operations , or wastewater constituents and
characteristics ;
( c ) Refusal of reasonable access to the user ' s
premises for the purpose of inspection or monitoring ;
or ,
(d ) Violation of conditions of the treatment
agreement .
SECTION 34-55. NOTIFICATION OF VIOLATION
Whenever the City finds that any user has violated or
is violating this Ordinance, Wastewater Discharge Permit ,
or any prohibition , limitation or requirement contained
herein, the City may serve upon such person a written
notice stating the nature of the violation . Within 30 days
of the date of the notice, a plan for the satisfactory
correction thereof shall be submitted to the City by the
user.
SECTION 34-56 . 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 .
DIVISION 7 - PENALTY : COSTS
SECTION 34-57 . CRIMINAL PENALTIES
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
SOCK 5� PACE 88 7
x
Page 21
dollars ( $100.00) or imprisonment for thirty ( 30 ) 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 .
SECTION 34-58. FALSIFYING INFORMATION
Any person who knowingly makes any false statements ,
representation or certification in any application, record ,
report, plan or other document filed or required to be
maintained pursuant to this Ordinance or Wastewater
Discharge Permit , or who falsifies , tampers with , or
knowingly renders inaccurate any monitoring device or
method required under this Ordinance, shall , upon
conviction, be punished by a fine of not more than one
hundred dollars ( $100.00) or by imprisonment for not more
than 30 days in jail
SECTION 34-59. SEVERABILITY
If any provision , paragraph, word, section or article
of this Ordinance 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 .
SECTION 34-60. CONFLICTING SECTIONS
All other ordinances and parts of other ordinances
inconsistent or conflicting with any part of this Ordinance
are hereby repealed to the extent of such inconsistency or
conflict .
PASSED AND ADOPTED by the City Council this 27 day of
February, 1984, approved by the Mayor this 29 day of
February, 1984.
eowers , Mayor
ATTEST :
ry urger, C er{ Auditor
Certificate
L p ....P ,
I. ......... .........:.¢............... ..... .:................ City Clerk of the City of Waterloo Iowa do hereby certify
that attached hereto is a true and complete co �`�... ..."�•u-�•� No. ... 'J. ......, as
P copy of ................... .................................... .S
passed and adopted 1by the Council of the City of Waterloo, Iowa, on the .........��17..... day of.. ...................
19....11 ....
witness itdy H-JV and Seal of Office this ....................... day of ....................................................... 19..'.......:........
SEAL' ...... .. .. ..... . ............ ................
City Cler
BOOK 254 PACE 888
y '
r
INDEXED
COMPARED�+ j
PAGED
qe 1('653
t-LACK -HAWK COUNTY, HOWA:55
Filed for record*aA 6 19 1 q
of (7A M and recorded in
Book a s
Page
Re6ordev'
BOOK 254 PAGE
+ ORDINANCE NO.
33,2- 2
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF
THE CITY OF WATERLOO, IOWA, BY REPEALING ARTICLE
III, SEWERS (SECTIONS 34-27 THROUGH 34-59) OF
CHAPTER 34, UTILITIES, AND ENACTING IN LIEU
THEREOF A NEW ARTICLE III, SEWERS.
DIVISION 1 - GENERAL PROVISIONS
SECTION 34-27. PURPOSE AND POLICY
This ordinance sets forth uniform requirements for
direct and indirect contributors to the wastewater
collection and treatment system for the City of Waterloo
and enables the City to comply with all applicable State
and Federal laws required by the Clean Water Act of 1977
and the General Pretreatment Regulations (40 CFR Part
403) .
The objectives of this ordinance are :
(a) To prevent the introduction of pollutants into
the municipality wastewater system which will
interfere with the operation of the system or
contaminate the resulting sludge;
(b) To prevent the introduction of nollutants into
the municipal wastewater system which will pass
through the system, inadequately treated, into
receiving waters or the atmosphere or otherwise be
incompatible with the system;
(c) To improve the opportunity to recycle and reclaim
wastewaters and sludges from the system ; and
(d) To provide for equitable distribution of the cost
of the municipal wastewater system.
This ordinance provides for the regulation of direct
and indirect contributors to the municipal wastewater
system through the issuance of Wastewater Discharge Permits
to certain other users, authorizes mQnitorinQ and
enforcement activities , requires user reporting, assumes
that existing customer 's capacity will not be preempted,
and provides for the setting of fees for the equitable
distribution of costs resulting from the program
established herein.
This ordinance shall apply to the City of Waterloo and
to persons outside the City who are, by contract or
agreement with the City, users of the City POTW. Except as
otherwise provided herein, the Superintendent of the City
POTW shall administer, implement, and enforce the
provisions of this ordinance.
SECTION 34-28. DEFINITIONS (PREVIOUSLY SEC. 34-27)
Unless the context specifically indicates otherwise,
the following terms and phrases , as used in this ordinance,
shall have the meanings hereinafter designated:
(1) Act or "the Act. " The Federal Water Pollution
Contro ct, a so nown as the Clean Water Act, as
amended, 33 U.S.C. 1251 , et. seq.
(2) Approval Authority. The Director of the
Department ot Water, Air and Waste Management of the
State of Iowa.
(3) Authorized Representative of Industrial User. An
authorized representative of an Industrial User may
be : (1) Any individual designated by the Industrial
User to act on their behalf; or (2) A principal
executive officer of at least the level of
vice-president, if the Industrial User is a
corporation; or (3) A general partner or proprietor
Page 2
if the industrial user is a partnership or
proprietorship respectively. A duly authorized
representative is responsible for the overall
operation of the facilities from which the indirect
discharge originates .
( 4) Biochemical Oxygen Demand ( BOD ) . The quantity of
oxygen utilized in the blochemicaT oxidation of
organic matter under standard laboratory procedure,
five ( 5) days at 20' centigrade expressed in terms of
weight and concentration [miligrams per liter
(mg/1 ) ] .
( 5) Building Sewer . A sewer conveying wastewater
from TFe premises of a User to the POTW .
( 6 ) Categorical Standards . National Categorical
Pretreatment Standards or retreatment Standard .
( 7 ) City. The City of Waterloo or the City Council
of Waterloo .
( 8) Cooling Water . The water discharged from any use
such as air conditioning, cooling or refrigeration, or
to which the only pollutant added is heat .
( 9 ) Control Authority. The term "Control Authority"
shall re er to the "Approval Authority, " defined
hereinabove; or the Superintendent if the City has an
approved Pretreatment Program under the provisions of
40 CFR 403 . 11 .
( 10) Direct Discharge. The discharge of treated or
untreated wastewater directly to the waters of the
State of Iowa.
( 11 ) Environmental Protection Agency, or EPA. The
U . S. Environmenta rotec ion Agency, or where
appropriate, the term may also be used as a
designation for the Administrator or other duly
authorized official of said agency.
( 12) Grab Sample . A sample which is taken from a
waste stream on a one-time basis with no regard to the
flow in the waste stream and without consideration of
time .
( 13) Holding Tank Waste . Any waste from holding
tanks such as vessels,ETemical toilets , campers ,
trailers , septic tanks , and vacuum-pump tank trucks .
( 14) Indirect Discharge . The discharge or the
introdu tcon of nondomestic pollutants from any source
regulated under section 307 (b ) or (c ) of the Act ( 33
U . S . C . 1317 ) into the POTW ( including holding tank
waste discharged into the system) .
( 15 ) Industrial User . A source of indirect discharge
which oes no cons ute a "discharge of pollutants"
under regulations issued pursuant to section 402 of
the Act ( 33 U . S . C . 1342 ) .
( 16 ) Interference . The inhibition or disruption of
the POTW treatment processes or operations which
contributes to a violation of any requirement of the
City ' s NPDES Permit . The term includes prevention of
sewage sludge use or disposal by the POTW in
accordance with 405 of the Act ( 33 U . S . C . 1345 ) , or
any criteria, guidelines , or regulations developed
pursuant to the Solid Waste Disposal Act ( SWDA) , the
Clean Air Act , the Toxic Substances Control Act , or
more stringent state criteria ( including those
Page 3
contained in any State sludge management plan prepared
pursuant to Title IV of SWDA) applicable to the method
of disposal or use employed by the POTW.
(17) National Categorical Pretreatment Standard or
Pretreatment standard. Any -regulation containing
pollutant discharge limits promulgated by the EPA in
accordance with section 307(b) and (c) of the Act (33
U. S.C. 1347) which applies to a specific category of
Industrial Users.
(18) National Prohibitive Discharge Standard or
Prohibitive Dischar a Standard. Any regulation
developed under the authority of 307(b) of the Act and
40 CFR Section 403. 5.
(19) New Source. Any source, the construction of
which is commenced after the publication of proposed
regulations prescribing a section 307(c) (33 U.S.C.
1317) Categorical Pretreatment Standard which will be
applicable to such source, if such standard is
thereafter promulgated within 120 days of proposal in
the Federal Register. Where the standard is
promulgated later than 120 days after proposal, a new
source means any source, the construction of which is
commenced after the date of promulgation of the
standard.
(20) National Pollution Dischar a Elimination System
or NPDES Permit. A permit issued pursuant to section
40 o the Act (33 U. S.C. 1342) .
(21) Person. Any individual, partnership ,
copartnership, firm, company, corporation,
association, joint stock company, trust, estate,
governmental entity or any other legal entity, or
their legal representatives, agents , or assigns. The
masculine gender shall include the feminine; the
singular shall include the plural yhere indicated by
the context.
(22) pH., The logarithm of the reciprocal of the
hydrogen ion concentration or activity in moles per
liter.
(23) Pollution. The man-made or man-induced
alteration o the chemical, physical, biological, and
radiological integrity of water.
(24) Pollutant. Any dredged spoil, solid, solid
waste, incinerator residue , sewage, garbage, sewage
sludge, chemical wastes, biological materials,
radioactive materials , rock, sand, cellar dirt or
industrial, municipal, and agricultural waste
discharged into water.
(25) Pretreatment or Treatment. The reduction of the
amount ot pollutants, the elimination of pollutants,
or the alteration of the nature of pollutant
properties in wastewater to a less harmful state prior
t cr in ]ieu of discharging or otherwise introducing
such pollutants into a POTW. The reduction or
alteration can be obtained by physical, chemical or
biological processes, or process changes by other
means , except as prohibited by 40 CFR Section
403. 6 (d) .
(26) Publicl Owned Treatment Works (POTW) . A
treatment works as defined y Section ZlZ of the Act ,
Page 4
(33 U.S.C. 1292) which is owned in this instance by
the City. This definition includes any sewers that
convey wastewater to the POTW treatment plant, but
does not include pipes, sewers or other conveyances
not connected to a facility providing treatment. For
the purposes of this ordinance, "POTW" shall also
include any sewers that convey wastewaters to the POTW
from persons outside the City who are, by contract or
agreement with the City, users of the City 's POTW.
(27) POTW Treatment Plant. That portion of the POTW
designed to provide treatment to wastewater.
(28) Shall is mandatory; May is permissive.
(29) Significant Industrial User. Any Industrial
User or the City 's wastewater sposal system who (i)
has a discharge flow of 25, 000 gallons or more per
average work day, or (ii) has a flow greater than five
percent (5%) of the flow in the city 's wastewater
treatment system, or (iii) has in his wastes toxic
pollutants as defined by State statutes and rules , or
(iv) is found by the City, Iowa Department of
Environmental Quality, or the U. S. Environmental
Protection Agency (EPA) to have significant impact,
either singly or in combination with other
contributing industries, on the wastewater treatment
system, the quality of sludge, the system 's effluent
quality, or air emissions generated by the system.
(30) State. State of Iowa.
(31) Standard Industrial Classification (SIC) . A
classi ication pursuant to the Standar Industrial
Classification Manual issued by the Executive Office
of the President, Office of Management and Budget ,
1972.
(32) Storm Water. Any flow occuri-ing during or
following any orm of natural precipitation and
resulting therefrom.
(33) Suspended Solids. The total suspended matter
that floats on the sur ace of, or is suspended in,
water, wastewater or other liquids , and which is
removable by laboratory filtering.
(34) Superintendent. The person designated by the
City to supervise the operation of the publicly owned
treatment works and who is charged with certain duties
and responsibilities by this article, or his duly
authorized representative.
(35) Toxic Pollutant. Any pollutant or combination
of pol utants liste aG Toxic in regulations
promulgated by the Administrator of the Environmental
Protection Agency under the provision of CWA 307 (a) or
other Acts.
(36) User. Any person who contributes , causes or
permits tFe- contribution of wastewater into City ' s
POTW.
(37) Wastewater. The liquid and water-carried
industria or domestic wastes from dwellings,
commercial buildings , industrial facilities , and
institutions, together with any ground water, surface
water, and storm water that may be present, whether
treated or untreated, which is contributed to or
permitted to enter the POTW.
Page 5
(Rev . Ord . No . 1821 , §1 , Comp . 1941 , p. S-31 ; Ord .
No - 3032, 6/11 /79)
SECTION 34-29. ABBREVIATIONS
The following abbreviations shall have the designated
meanings :
( 1 ) BOD - Biochemical Oxygen Demand
( 2) CFR - Code of Federal Regulations
( 3 ) COD - Chemical Oxygen Demand
( 4) EPA - Environmental Protection Agency
( 5 ) 1 - Liter
(6 ) mg - Milligrams
( 7 ) mg/l - Milligrams per Liter
(8) NPDES - National Pollutant Discharge Elimination
System
( 9) POTW - Publicly Owned Treatment Works
( 10) SIC - Standard Industrial Classification
( 11 ) SWDA - Solid Waste Disposal Act, 42 U. S . C. 6901 ,
et. seq .
( 12) USC - United States Code
( 13) TSS - Total Suspended Solids
SECTION 34-30. ESTABLISHMENT OF SEWER DISTRICT ( PREVIOUSLY
SEC . 34-29)
All of the territory within the City shall constitute
one ( 1 ) sewer district from and after July 31 , 1924.
Nothing contained in this section shall be construed
to impair or invalidate the existing obligations against
either of the two (2) respective sewer districts existing
prior to July 31 , 19249 namely, Sewer District No. 1
comprising all that portion of the City situated on the
easterly side of the Cedar River, and Sewer District No . 2 ,
comprising all that portion of the City situated on the
westerly side of the Cedar River, but the two (2)
respective districts shall continue to exist for the sole
and only purpose of the levying and collection of taxes
against the respective districts to retire the existing
obligations against each respective district, and when the
obligations against each respective district shall have
been paid in full , then the two ( 2) districts shall cease
to exist for any purpose whatsoever (Rev . Ord . No . 1186 &
2, Co p . 19412 P. S-7 ) .
DIVISION 2 - REGULATIONS
SECTION 34-31 . AUTHORITY OF SANITARY INSPECTOR -
SEWAGE FACILITIES ( PREVIOUSLY SEC . 34-29) PRIVATE
a
septic tanks lwithin dthe asanitater ryedistrictYshall tbeand
abandoned and removed on order of the sanitary 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 .
Page 6
(b ) Whenever an outside water closet or a privy is
ordered removed by the sanitary 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 (Rev . Ord .
No. 1197 , §§5-7, Comp . 1941 , p. S-17 ) .
SECTION 34-32. PLANT UNDER CITY CONTROL ( PREVIOUSLY SEC .
34-32)
The POTW of the City shall be under the supervision
and control of the City, and the City council shall employ
a full -time superintendent of the water pollution control
plant, and such other employees as may be necessary and
proper for the operation of the POTW and for the conduct of
the business incident to the operation thereof (Rev . Ord.
No . 1577, §5, Comp . 1941 , p. D-10) .
SECTION 34-33. GENERAL DISCHARGE PROHIBITIONS ( PREVIOUSLY
SEC . 34-39 THROUGH SEC . 34-42)
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 PON 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 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 or be injurious in any
other way to the POTW or to the operation of the POTW .
At no time, shall two successive readings on an
explosion hazard meter , at the point of discharge into
the system (or at any point in the system) be more
than five percent ( 5%) nor any single reading over ten
percent ( 10%) of the Lower Explostive Limit ( LEL) of
the meter. Prohibited materials include , but are not
limited to, gasoline, kerosene, naphtha, benzene,
toluene, xylene, ethers , alcohols , ketones , hydrides ,
and sulfides and any other substances which the City,
the State or EPA has notified the User is a fire
hazard or a hazard to the system.
( b ) Solid or viscous substances which may cause
obstruction to the flow in a sewer or other
interference with the operation of the wastewater
treatment facilities such as , but not limited to :
grease, garbage with particles greater than one-half
( 1 /211 ) in any dimension, animal guts or tissues,
paunch manure, bones, hair, hides or fleshings ,
entrails , whole blood , feathers, ashes, cinders, sand ,
spent lime , stone or marble dust , metal , glass , straw,
shavings , grass clippings , rags, spent grains, spent
hops, waste pa err , wood, plastics , gas , tar, asphalt
residues, residues from refining, or processing of
fuel or lubricating oil , mud, or glass grinding or
polishing wastes .
(c ) Any wastewater having a pH less than 5 . 0, or
higher thant9 . 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
Page 7
wastewater treatment process , constitute a hazard to
humans or animals, create a toxic effect in the
receiving waters of the POTW, or to exceed the
limitation set forth in a Categorical Pretreatment
Standard. A toxic pollutant shall include but not be
limited to any pollutant identified pursuant to
Section 307(a) of the Act.
(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 stbstance discharged to
the POTW cause the POTW to be in non-compliance with
sludge use or disposal criteria, guidelines or
regulations developed under Section 405 of the Act ;
any criteria, guidelines , or regulations affecting
sludge use or disposal developed pursuant to the Solid
Waste Disposal Act , the Clean Air Act, the Toxic
Substances Control Act, or State criteria applicable
to the sludge management method being used.
(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 thb POTW treatment
plant resulting in interference, but in no case
wastewater with a temperature at the introduction to
the POTW which exceeds 40°C (104°F) unless the POTW
treatment plant is designed to accommodate such
temperature.
(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 know will cause interference to the POTW.
That the 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 halflife or concentration as may
exceed limits established by the Superintendent in
compliance with applicable State or Federal
regulations.
(1) Any wastewater which causes a hazard to human
life or creates a public nuisance.
When the Superintendent determines that a user(s) is
contributing to the POTW any of the above enumerated
substances in such amounts as to interfere with the
operation of the POTW, the Superintendent shall : (1)
advise the user(s) of the impact of the contribution on the
Page 8
POTW; and (2) develop effluent limitation(s) for such user
to correct the interference with the POTW.
SEC. 34-34. FEDERAL CATEGORICAL PRETREATMENT STANDARDS
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 Ordinance for sources in
that subcategory, shall immediately supersede the
limitations imposed under this Ordinance. The
Superintendent shall notify all affected users of the
applicable reporting requirements under 40 CFR Section
403. 12.
SEC. 34-35. MODIFICATION OF FEDERAL CATEGORICAL
PRETREATMENT STANDARDS.
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 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 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. 34-36. SPECIFIC POLLUTANT LIMITATIONS.
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 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.
State requirements and limitations on discharges shall
apply in any case where they are more stringent than
Federal requirements and limitations or those in this
ordinance.
SEC. 34-37. CITY' S RIGHT OF REVISION.
The City reserves the right to establish by ordinance
more stringent limitations or requirements on discharges to
the wastewater disposal system if deemed necessary to
comply with the objectives presented in Section 34-27 of
this Ordinance.
SEC. 34-38. EXCESSIVE DISCHARGE.
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. (Comment :
Dilution may be an acceptable means of complying with some
of the prohibitions set forth in Section 34-33, e.g. the pH
prohibition. )
SEC. 34-39. ACCIDENTAL DISCHARGES.
Each user shall provide protection from accidental
discharge of prohibited materials or other substances
regulated by this Ordinance. Facilities to prevent
accidental discharge of prohibited materials shall be
provided and maintained at the owner or user's own cost
Page 9
and expense. Detailed plans showing facilities and
operating procedures to provide this protection shall be
submitted to the City for review, and shall be approved by
the City before construction of the facility.
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 relieve the user of any expense, loss, damage, or
other liability which may be incurred as a result of damage
to the POTW, fish kills, or any other damage to person or
property; nor shall such notification relieve the user of
any fines, civil penalties, or other liability which may be
imposed by this article or other applicable law.
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. 34-40. CONSTRUCTION AND MAINTENANCE OF INTERSEPTORS.
(PREVIOUSLY SEC. 34-43)
(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 amonts, or any flammable
wastes , sand or other harmful ingredients ; except that such
interceptors shall not be required for private living
quarters or dwelling units.
(2) All interceptors shall be of a type and capacity
approved by the City, and shall be located 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
gastight and watertight.
(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 .
DIVISION 3 - RATES AND CHARGES
SEC. 34-41 , DEFINITION OF DOMESTIC SEWAGE.
As used in this division, "domestic sewage" shall mean
any sewage having a BOD of not more than three hundred
(300) parts per million and suspended solids (SS) of not
more than three hundred fifty (350) parts per million, and
containing no such chemical or other substance as would
interfere with the proper operation of the POTW (Rev. Ord.
No. 1577, §1, Comp. 1941, P. D-10; Ord. No. 3032 , 6/11/79)
SEC. 34-42. CONNECTION CHARGES.
(1) Building sewer connection charges ; determination.
The charge or m—a-rring 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
Page 10
shall be no 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 dollars and fifty cents ( $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
construction after January 1 , 1978, 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 construction cost (ncluding 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) The provisions of the hook-on charge provided for
in this chapter shall not apply to any property
covered by a specific hook-on charge ordinance .
( 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
complied with the terms and conditions for such connection
established by the City Council as authorized by Section
391 . 17 of the 1966 Code of Iowa. 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 the
City ' s main sewer and all sewerage facilities to which the
sewer will be contributory ( Supp. No . 27 ) .
(3) Use of sewer connection charges . Such charges
shall be due without regard to whether t e sewer involved ,
trunk sewers , or sewerage treatment plants 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 .
Building sewer connection charges shall be deposited in a
separate fund to be known as the " Sewer Connection Fund"
and shall only be disbursed and used for the following
purposes :
Page 11
( a) To meet interest and principal payments on bonds
legally authorized for the financing of sanitary
utilities .
( b ) To pay any costs of the construction , maintenance
or repair of such sanitary facilities or utilities ,
including payments to be made under any contract
between municipalities for the provision of sewer
facilities or sewer services .
Cross and lateral sewer connection charges shall be
deposited in the sanitation fund .
( 4) Where connections permitted . No building sewer
connection shall a 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 his 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 .
( 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 section shall be, upon
conviction, deemed guilty of a misdemeanor and subject to
fine and imprisonment as provided by law (Ord . No . 2531 ,
§§1 -5 , 7/14/70; Ord . No . 2945 , §§2-4, 2/13/78; Ord . No .
3194, §§1 -59 2/22/82 )
SECTION 34-43. DETERMINATION OF RATES AND CHARGES
( PREVIOUSLY SEC . 34-54 )
Each and every lot , parcel or real estate or building
or premises situated within or without the City that is
connected with and uses the sewer outlet and purifying
plant of the City, by or through any party of the sewage
system of the City, or that in any way uses or is served by
a sewer outlet and the purifying plant or otherwise
discharges sanitary sewage, industrial waste , water or
other liquid, either directly or indirectly, into the
sewerage system of the City, shall pay a service charge,
rate or rental to the City in accordance with the following
schedule :
( 1 ) The maximum quarterly rate shall be based on one
hundred ( 100 ) percent of water consumption during the
winter quarter as recorded by the Waterloo Water
Works . A winter quarter bill is a bill that is
submitted for three months , covering the months of
November , December , January, February, March and April
or any portion thereof. For those users of water
being billed on a monthly basis by the Waterloo Water
Works , the maximum monthly rate shall be based on one
hundred ( 100 ) percent of the average water consumption
for the months of December, January and February as
recorded by the Waterloo Water Works . Industrial
users will be billed on actual water consumption
rather than winter consumption unless winter
consumption is approved by the Superintendent . Any
special or private contracts shall be metered at the
user ' s expense .
( 2 ) Users who have their own private wells shall pay
a minimum charge as computed by the Waterloo Water
Page 12
' Works unless notified by the Superintendent of the
POTW that the users must comply with Section 34-56.
(3) Users who are located outside of the limits of
the City shall pay double the rates specified in this
section.
(4) If the rates as specified in this division are
not paid when due as required by this division, 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.
(5) A surcharge for wastewaters or other sewage
having a BOD of more than three hundred (300) parts
per million, or more than three hundred fifty (350)
parts per million solids, 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:
Flow A/12 x . 33 x Bl = Cf
BOD A/12 x . 33 x B2 = CBOD
SS A/12 x . 33 x B3 = CSS
Total month assessment = Ct
A = Annual budget minus debt service, collection
costs, bond retirement, and reserve fund.
Bl = Industry ' s share of the plan flow calculated
during the month.
B2 = Industry ' s share of the plant 's BOD loading,
calculated from samples taken during the month.
B3 = Industry's share of the plant 's SS loading,
calculated from samples taken during 'the month.
(6) Beginning July 1, 1982, the following sewer
rental charge will become effective:
Monthly Quarterly Charge Per
Use Use 100 Cubic Feet
(Ccf) (Ccf) Monthly Quarterly
First 3 First 9 Minimum Minimum
Over 3 Over 3 $0. 69 $0.69
Minimum charge will be equal to the amount charged by
the waterworks for minimum charge. The rates for
sewer service charges shall be established from time
to time by city council ordinance. (Rev. Ord. No.
1577 , § 1, Comp. 1941, p. D-10; Ord. No. 2556 , §2, 3 ,
4/12/71 ; Ord. No. 2676, 4/22/74; Ord. No. 2826 ,
6/28/76; Ord. No. 3032 , 6/11/79; Ord. No. 3038,
7/9/79 ; Ord. No. 3082, 4/28/80; Ord. No. 3149, 6/8/81 ;
Ord. No. 3207 , 5/3/82)
SECTION 34-44. DETERMINATION OF SEWAGE VOLUME AND
PRIVATE WATER SUPPLY METERING (PREVIOUSLY SEC. 34-56)
The amount of sewage discharged into a city sewer
by any user shall be determined by and held to be the
amount of water used by him as shown by the meter
readings of the water works of the City or the meter
readings for the water from a private water supply.
If a user shall use water which, in whole or in part
comes from a private water supply, the user shall
Page 13
meter the water coming from a private water supply at
his own expense when required by the Superintendent of
the POTW and shall pay the same sewer rental rates as
allowed in Section 34-43 (Rev. Ord. No. 1577 , §1,
1941, p. D-10 ; Ord. No. 2526, §5, 6 , 4/12/71 ; Ord. No.
2826 , 6/28/76) .
DIVISION 4 - FEES
SECTION 34-45. CHARGES AND FEES
(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 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 covered by
this ordinance and are separate from all other fees
chargeable by the City. il
(2) City ' s Scheduling of Charges and Fees.
(a) A surveillance monitoring fee of $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 $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 $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 $200.00. Renewal
Wastewater Discharge Permit Applications for permit
renewal shall be assessed for each request in the
amount of $200. 00. An additional fee shall be
assessed in the amount of $100. 00 for past due
applications as required by this ordinance.
(f) An Appeal Filing Fee shall be assessed in
the amount of $100.00.
Page 14
DIVISION 5 - ADMINISTRATION AND PERMITS
SECTION 34-46. WASTEWATER DISCHARGES
No direct or indirect non-domestic contributor shall
discharge or convey, or permit or allow to be discharged or
conveyed, any wastewater to the POTW without a City
Wastewater Discharge Permit except as authorized under the
provisions of this ordinance.
SECTION 34-47. WASTEWATER DISCHARGE PERMITS
(a) General Permits. All major and minor industrial
users proposing to connect to the POTW shall obtain a
Wastewater Discharge Permit before connecting to or
contributing to the POTW. Each individual building sewer
of a major or minor user must have a Wastewater Discharge
Permit. Proposed new users must obtain such Permit prior
to connecting or contributing to the POTW.
(b) Permit Application. Users required to obtain a
Wastewater D sc arge Permit shall complete and file with
the City an application, in the form prescribed by the
City, and accompanied by the appropriate fee. Existing
users shall apply for a Wastewater Discharge Permit within
thirty (30) days after the effective date of this
ordinance, and proposed new users shall apply at least
ninety (90) days prior to connecting to or contributing to
the POTW. In support of the application, the user shall
submit , in units and term appropriate for evaluation, the
following information:
(1) N^me, 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, 1972, as amended;
(3) Wastewater constituents and characteristics
including but not limited to those mentioned in
Division 2 of this Ordinance as determined by a
reliable 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 CFT, Part 136, as
amended ;
Where 40 CFT, 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.
(4) Time and duration of contribution;
(5) Average daily and estimated peak wastewater flow
rates , including daily, monthly and seasonal
variations if any;
(6) Show all sewers , sewer connections , testing
places and provide site plans, floor plans, mechanical
and plumbing plans when available ;
Page 15
(7) General description of activities which may be
discharged to POTW;
(8) Where known, the nature and concentration of any
pollutants in the discharge which are limited by any
Federal or Catagorical 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 ;
(9) 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 Catagorical
Pretreatment Standards shall not be later than the
compliance date established for applicable
Pretreatment Standards.
The following Conditions shall apply to the schedule :
(i) 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. )
(ii) The schedule should be submitted to POTW
Supervisor for approval.
(iii) Not later than fourteen (14) days
following each date in the schedule and the final
date for compliance, the usef 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 dealy, 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.
(10) Each product produced by type, and amount ;
(11) Number and type of employees, and hours of
operation of plant and proposed or actual hours of
operation of pretreatment system;
(12) Any other information as may be deemed by the
City to be necessary to evaluate the permit
application.
Page 16
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 ) Permit Modifications . Within nine (9) months of
the promulgation of a Federal Categorical Pretreatment
Standard , the Wastewater Discharge Permit of the users
subject to such standards shall be revised to require
compliance with such standard within the time frame
prescribed by such standard . Where a user, subject to a
Federal Categorical Pretreatment Standard , has not
previously submitted an application for a Wastewater
Discharge Permit as required by Section (b ) above , the user
shall apply for a Wastewater Discharge Permit within
ninety ( 90) days after the promulgation of the applicable
Federal Categorical Pretreatment Standard .
(d ) Permit Conditions . Wastewater Discharge Permits
shall be express y su pec o 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 :
( 1 ) The unit charge or schedule of user charges and
fees for the wastewater to be discharged to the POTW ;
( 2 ) Limits on the average and maximum wastewater
constituents and characteristics ;
( 3) Limits on average and maximum rate and time of
discharge or requirements for flow regulations and
equalization ;
( 4) Requirements for installation and maintenance of
inspection and sampling facilities ;
( 5 ) Specifications for monitoring programs which may
include sampling locations , frequency of sampling,
number, types and standards for tests and reporting
schedule ;
( 6) Compliance schedules ;
( 7 ) Requirements for submission of technicl reports
or discharge reports ( See Section 34-47 ) ;
(8) Requirements for maintaining and retaining plant
records relating to wastewater discharge as specified
by the City, and affording City access thereto ;
( 9) Requirements for notification of the City 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 :
( 10) Requirements for notification of accidental
discharges as per Section 34-39 ;
( 11 ) Other conditions as deemed appropriate by the
City to ensure compliance with this Ordinance.
Page 17
Y (e) Permits Duration. Permits shall be renewable
as directed by the Superintendent for a specified time
period, not to exceed five (S) years. Permits may be
issued for a ^eriod 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 as limitations or
requirements as identified in Division 2 are modified or
other just cause exists. 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.
(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.
SECTION 34-48. REPORTING REQUIREMENTS
(a) Compliance Reports . Within 90 days following the
date for fina 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, ihf not, what
additional 0&M 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.
(b) Periodic Reports. Any user subject to a
Pretreatment-Standard shall submit to the Superintendent a
report indicating the nature and concentration of
pollutants in the effluent that are limited by that
standard. The report shall also include a record of all
daily flows that exceeded the daily flow reported by the
user on its Wastewater Discharge Permit. The
Superintendent has the right to require as many reports 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.
(c) Other Reports . Thp Superintendent may require
other reports rom Industrial Users as necessary, including
but not limited to the reports required by 40 CFR 403. 12.
Reporting requirements will be made conditions of the
treatment agreement.
Page 18
SECTION 34-49. MONITORING FACILITIES ( PREVIOUSLY SEC .
34-45)
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 .
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 .
Whether constructed on public or private property, the
sampling and monitoring facilities shall be provided in
accordance with the City ' s requirements and all applicable
local construction standards and specifications .
Construction shall be completed within 90 days following
written notification by the City. ( Rev . Ord . No . 1821 ,
§11 , Comp . 1941 , p. S-31 ; Ord . No. 2826, 6/28/76)
SECTION 34-50. INSPECTION AND SAMPLING ( PREVIOUSLY SEC .
34-31 AND 34-46)
The City shall inspect the facilities of any user to
ascertain whether the purpose of this Ordinance 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 th`e 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 .
( Rev . Ord . No . 1821 , §§129 15, Comp . 1941 , p. S-31 )
SECTION 34-51 . PRETREATMENT ( PREVIOUSLY SEC . 34-44 )
Users shall provide necessary wastewater treatment as
required to comply with this Ordinance and shall achieve
compliance with all Federal Categorical Pretreatment
Standards within the time limitations as specified by the
Federal Pretreatment Regulations . Any facilities required
to pretreat wastewater to a level acceptable to the City
shall be provided , operated , and maintained at the user ' s
expense. Detailed plans showing the pretreatment
facilities and operating procedures shall be submitted to
P
Page 19
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 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 initiation of the changes.
The City shall annually publish in the largest local
newspaper a list of the users which were not in significant
compliance (as defined in CFR 403) with any Pretreatment
Requirements or Standards at least once during the 12
previous months. The notification shall also summarize any
enforcement actions taken against the user(s) during the
same 12 months.
All records relating to compliance with Pretreatment
Standards shall be made available to officials of the Iowa
Department of Environmental Quality or the EPA upon
request. (Rev. Ord. No. 1821, 569, 10, Comp. 1941, p.
S-31)
SECTION 34-52. CONFIDENTIAL INFORMATION
Information and data on a user obtained from reports ,
questionnaires , permit applications, permits and monitoring
programs , and from inspections shall be availmble 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.
When requested by the person furnishing a report, the
portions of a report which might disclose trade secrets or
secret processes shall not be made available for inspection
by the public but shall be made available upon written
request to governmental agencies for uses related to this
Ordinance, the 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 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 any governmental agency or to the general
public by the City until and unless a ten-day notification
is given to the user.
DIVISION 6 - ENFORCEMENT
SECTION 34-53. HARMFUL CONTRIBUTIONS
The City may suspend the wastewater treatment service
and/or a Wastewater Treatment Agreement when such
suspension is necessary, in the opinion of the City, in
order to stop an actual or threatened discharge that
presents or may present an imminent or substantial danger
to the health or welfare of persons , to the environment, or
that causes interference to the POTW or causes the City to
violate any condition of its NPDES Permit.
Page 20
Any person notified of a suspension of the wastewater
treatment service and/or the Wastewater Discharge Permit
shall immediately stop or eliminate the contribution . In
the event of a failure of the person to comply voluntarily
with the suspension order, the City shall take such steps
as deemed necessary including immediate severance of the
sewer connection to prevent or minimize damage to the POTW
system or endangerment to any individuals . The City shall
reinstate the Wastewater Discharge Permit and/or the
wastewater treatment service upon proof of the elimination
of the non-complying discharge . A detailed written
statement submitted by the user describing the causes of
the harmful contribution and the measures taken to prevent
any future occurrence shall be submitted to the City within
fifteen ( 15 ) days of the date of occurrence.
SECTION 34-54. REVOCATION OF PERMIT
Any user who violates the following conditions of this
Ordinance, or applicable State and Federal regulations , is
subject to having his agreement revoked :
( a) Failure of a user to factually report the
wastewater constituents and characteristics of his
discharge ;
( b ) Failure of the user to report significant changes
in operations , or wastewater constituents and
characteristics ;
( c ) Refusal of reasonable access to the user ' s
premises for the purpose of inspection or monitoring ;
or ,
(d ) Violation of conditions of the treatment
agreement .
SECTION 34-55. NOTIFICATION OF VIOLrATION
Whenever the City finds that any user has violated or '
is violating this Ordinance, Wastewater Discharge Permit,
or any prohibition, limitation or requirement contained
herein, the City may serve upon such person a written
notice stating the nature of the violation. Within 30 days
of the date of the notice, a plan for the satisfactory
correction thereof shall be submitted to the City by the
user .
SECTION 34-56 . 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 .
DIVISION 7 - PENALTY : COSTS
SECTION 34-57 . CRIMINAL PENALTIES
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
Y
Page 21
dollars ( $100 . 00) or imprisonment for thirty ( 30 ) 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 .
SECTION 34-58. FALSIFYING INFORMATION
Any person who knowingly makes any false statements ,
representation or certification in any application, record ,
report, plan or other document filed or required to be
maintained pursuant to this Ordinance or Wastewater
Discharge Permit, or who falsifies , tampers with , or
knowingly renders inaccurate any monitoring device or
method required under this Ordinance, shall , upon
conviction, be punished by a fine of not more than one
hundred dollars ( $100 .00) or by imprisonment for not more
than 30 days in jail
SECTION 34-59. SEVERABILITY
If any provision , paragraph , word , section or article
of this Ordinance 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 .
SECTION 34-60. CONFLICTING SECTIONS
All other ordinances and parts of other ordinances
inconsistent or conflicting with any part of this Ordinance
are hereby repealed to the extent of such inconsistency or
conflict .
PASSED AND ADOPTED by the City Council this 27 day of
February, 1984, approved by the Mayor this 29 day of
February, 1984.
Del Bowers , Mayor
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STATE OF IOWA, SS I do solemnly swear that the annexed copy of Ordinance N o .
131ack IIawk County,
notice was published in the tU(ItcrIOD CroilriCC a daily newspaper printed in W
Black Hawk County, Iowa once)&
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commencing on the 12th day ofMarch—19 A4 in the issu98 of
March 12th + 1984
of said newspaper, and that the�tanAAnextt
advertising is the regular legal rate of said newonor,and thaf the f(jUnwind IS 2 Calla
publishing said notice. /rinter"s c�s�
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Notary
Received of
the sum of
in full for publication of the above notice.
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