HomeMy WebLinkAbout5256-11/24/2014Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo,
715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323.
ORDINANCE NO. 5256
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE CITY OF WATERLOO, BY ADOPTING ARTICLE
E, REGULATION OF FAT, OIL AND GREASE
DISCHARGE BY FOOD SERVICE ESTABLISHMENTS, OF
CHAPTER 3, SEWER REGULATIONS, OF TITLE 8,
PUBLIC UTILITIES, OF THE CODE OF ORDINANCES
OF THE CITY OF WATERLOO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA, as foliows:
That Article E, Regulation of Fat, Oil and Grease Discharge
by Food Service Establishments, of Chapter 3, Sewer Regulations,
of Titie 8, Public Utilities, of the Code of Ordinances of the
City of Waterloo is hereby adopted, as foliows:
Article E
REGULATION OF FAT, OIL AND GREASE DISCHARGE BY
FOOD SERVICE ESTABLISHMENTS
8-3E-1: PURPOSE:
The purpose of this article shall be to aid in the prevention of
sanitary sewer biockages and obstructions from contribution and
accumulation of fat, oil, and grease (FOG) into the POTW. Such
discharges from cornrnercial kitchens, restaurants, food
processing facilities and all other establishments, where FOG of
vegetable or animal origin are discharged directly or indirectly
into the POTW, can contribute to line biockages and/or spills in
violation of Title 40, Code of Federal Regulations, Part 403.
8-3E-2: DEFINITIONS:
The definitions found in 8-3-3 shall apply to the provisions of
this article, provided, however, that the foliowing words, terms
and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context
clearly indicates a different meaning:
BEST MANAGEMENT PRACTICES or BMPs: schedules of activities,
prohibitions of practices, maintenance procedures, and other
management practices to prevent or reduce the pollution of
waters of the state. For purposes of this article, best
management practices include procedures and practices that
reduce the discharge of FOG from a Food Service Establishment,
to the city sanitary sewer system and to the POTW.
DESIGN LIQUID DEPTH: the maximum depth of liquid when the tank
is filled with water.
Ordinance No. 5256
Page 2
EFFECTIVE DATE: the date set forth in 8-3E-3, upon which the
regulatory provisions of this article take effect.
FOG: Fats, oils, and greases of vegetable or animal origin
contained in wastewater from a Food Service Establishment.
F000 SERVICE ESTABLISHMENT or FSE: an operation or enterprise
that stores, prepares, packages, serves, vends, or otherwise
provides food for human consumption. Such facilities may
include, but are not iimited to, those that process meat or
other food ingredients as an intermediate step or for final
human consumption, food service operations in a summer camp,
residential substance abuse treatment facility, halfway house,
correctional facility, schooi, restaurant, commercial kitchen,
caterer, church, hotel, bars, hospitai, prison, care institution
or similar facility.
GREASE INTERCEPTOR: a tank that serves one or rnore fixtures and
is remotely located. Grease interceptors include, but are not
iimited to, tanks that capture wastewater from dishwashers,
garbage disposals, floor drains, pot and pan sinks and trenches
as aliowed by local plumbing codes. For purposes of this
articie, a grease interceptor is a multi -compartment tank
located underground outside of a building that reduces the
amount of FOG in wastewater prior to its discharge into the
POTW.
GREASE TRAP: a device designed to retain grease from one to a
maxirnuin of four fixtures. For purposes of this article, a
grease trap is typically a small device located within a
building.
MG/L (MILLIGRAMS PER LITER) : a measure of the concentration of a
pollutant in the waste stream, considered equivalent to parts
per million (ppm).
MINIMUM DESIGN CAPABILITY: the design features of a grease trap
or grease interceptor and its ability or volume required to
effectively intercept and retain FOG from grease -laden
wastewaters discharged to the POTW.
NON -ROUTINE INSPECTION: an unscheduied inspection of an FSE made
without prior notification or arrangement.
ROUTINE INSPECTION: an inspection of an FSE which is scheduled
in advance or according to a pre -arranged schedule.
SUPERINTENDENT: Superintendent of the Waste Management Services
Department, or his designated representative.
USER: as used in this article, means a person discharging
anything other than domestic wastewater into the POTW which may
contain FOG, and may inciude discharges from mobile sources,
such as mobile food vendors.
WASTE MANAGEMENT SERVICES DEPARTMENT: City of Waterloo staff
responsible for the City's sanitary sewer system and wastewater
treatment facilities, which are also referred to as the Publicly
Owned Treatment Works (POTW)
Ordinance No. 5256
Page 3
8-3E-3: EFFECTIVE DATE OF FOG REGtJLATIONS:
The provisions of this article shall be effective on and after
November 24, 2014.
8-3E-4: GREASE INTERCEPTOR INSTALLATION REQUIRED AFTER EFFECTIVE
DATE:
The owner of a builLding or facility in which an FSE is lLocated,
and the owner or aperator of an FSE, shall be required to
install a grease trap, grease interceptor, or other facilities
to capture FOG from the waste stream prior to discharge to the
POTW, and to thereafter operate and maintain same to meet the
limits of 100 mg/1 - Total FOG as provided in this article.
8-3E-5: EXEMPTION FROM GREASE INTERCEPTOR INSTALLATION
REQUIREMENT FOR EXISTING FACILITIES:
The requirements of 8-35-4 shall not apply to that portion of a
building or facility within which an FSE is in existence on the
effective date if:
A. The FSE has an existing grease interceptor or grease trap
in place as of the effective date and provided that (1) the
owner or occupant of the FSE continues to use the
interceptor or trap, (2) the interceptor or trap is of
sufficient capacity and design, arid (3) the interceptor or
trap is operated and maintained so as to comply with FOG
discharge limits.
8-35-6: COMPLIANCE PROCEDURES:
A. After the effective date, any permitted construction under
section 8-3E-4 shall be deemed compliant upon issuance of a
certificate of compliance or certificate of occupancy for
such construction by the city building official or
designee.
B. The existing facilities of an FSE shall be deemed
compliant, unless the Superintendent, or city building
officiai or designee, determines that an existing grease
trap or grease interceptor is incapable of adequately
retaining FOG. In such cases, the Superintendent may order
the FSE to instaiLl an adequate grease trap or grease
interceptor within a specified time period if:
1. The FSE is found to contribute FOG in quantities above
FOG discharge limits; or
2. The FSE discharges necessitate increased maintenance
on the POTW in order to keep biockages from occurring
therein; or
3. The FSE's discharge to the POTW is at any time
determined to exceed 100 mg/1 -totalL FOG.
C. An order directing an existing FSE or the owner or operator
of the FSE or the owner of the building or facility in
Ordinance No. 5256
Page 4
which the FSE is located to install a grease interceptor
shall be in writing from the Superintendent in the form of
a notice of violation including a corrective action order,
as provided in section 8-3E-13 of this article.
D. FSEs or owners of buildings or facilities within which an
FSE is located which are unable to install or replace a
grease interceptor due to exceptional physical constraints
or economic hardship may appeal to the Superintendent for
approval of an alternative grease control technology by
requesting a hearing in accordance with the provisions of
this article. Such requests shall be submitted in writing
and shall include detailed descriptions of the FSE's
physical or financial constraints and of the alternative
grease control technology which it proposes to install and
utilize. Adding emulsification agents or other chemicals or
enzymes to the waste stream to address the grease discharge
issues from the FSE are not considered acceptable
alternatives for FOG removal.
1. Notwithstanding approval of alternative grease control
technology, when the Superintendent determines that
such alternative is not performing adequately, the FSE
or owner of the building or facility in which the FSE
is located shall be required to take additional grease
control measures, which may include the installation
of a grease interceptor.
2. In order to demonstrate exceptional physical site
constraints preventing the installation of a grease
interceptor, the owner or operator of the FSE or owner
of the building or facility in which the FSE is
located shall submit to the Superintendent
documentation and plats showing the location of city
sanitary sewer and any private easements in relation
to the building sewer for the building housing the
FSE, and showing available space inside or outside the
building and drawings of existing plumbing at or in a
site that uses common plumbing for all services at
that site.
3. An FSE that is given an exemption from installing a
properly sized grease interceptor is prohibited from
installing or using a dishwasher or garbage disposal
without approval of the Superintendent and must comply
with the conditions of such approval, if any.
8-3E-7: INSTALLATION OF GREASE INTERCEPTORS AND GREASE TRAPS:
Grease interceptors and grease traps, when required, shall be
installed as follows:
A. Grease interceptors and grease traps shall be installed at
the expense of the owner or operator of the FSE or owner of
the building or facility in which the FSE is located which
is contributing wastewater to the POTW.
Ordinance No. 5256
Page 5
B. All wastewater streams containing FOG or reasonably likely
to contain FOG within FSEs or other FOG generating
operations shall be directed into one or more appropriately
sized grease traps or grease interceptors before discharge
to the POTW.
It is the responsibility of the FSE to determine the
appropriate sizing of any grease traps, grease
interceptors, or other grease removal facilities. The
discharge from the FSE shall be operated and maintained by
the FSE such that the FOG shall not exceed 100 mg/1 - Total
FOG.
Grease removal facilities may be sized by considering the
peak design flow rates for all fixtures leading to the
grease interceptor and allowing a minimum retention time of
30 minutes or as follows:
Grease Interceptor Shing
1. Peak meats per hour
a. Seating capad1r of FSE
b. Occupancy of FSE
c. Seatng or occupancy x meal factor of 1.3 (45 minute meat) = Peak meals per hour
Church: include alt area(s) used for meal seMce
• Anststed Livkg / nursing fadkty: equal to maximum number of residents (per State license)
2. Waste Now rate, gatlorrrs of flow
a. Commerdal, equipped kitchen with dtshwastxr & one garbage disposat* 7
b. Commercial, equipped kitchen witlr dtshwasher, no garbage dbposat 6
G Commercial, equipped kitchen with no dishwasher, one garlage dispasai" 6
d. Commercal, equipped kitchen with rro dishwasher, rro garbage disposat 5
e. Singte ser ce kitchen" 2
* Each adttiawl garbage dlsposal, add one (1) gallon
'* Singte seMce kltdren = rho garbage disposat, rho dishwasher and all service is sl gle use
3. Retention tirne, hours
a. Commercial kitchen 2.5
b. Sl gle service kitdren 1.5
4. Storage factor
a. Commerdal Kttdhen up 108 hours of operation 1
b. Commercial kitdhen up to 16 hours of operation 2
c. Comnerdal idtdhen up to 24 hours of operation 3
d. Single service kitchen 1.5
Peak
Waste Fbw Retention Storage CakaYited
X Rate X Time X Factor a rnpviceptor Size
It is the FSE's responsibility to size the FOG removal
system and to operate it to meet the requirements of this
article.
C. Concrete grease interceptors, whether precast or poured in
place, shall be designed and manufactured in accordance
with ASTM 01613-08 Standard Specification for Precast
Concrete Grease Interceptor Tanks or IAPMO/ANSI 21001
Prefabricated Gravity Grease Interceptors and shall be
installed in accordance with the codes adopted by the city.
Grease interceptors using materials other than concrete
require approval by the Superintendent, and shall comply
with the conditions of such approval, if any.
D. The building official or other designated official of the
city shall inspect each grease interceptor installation
made pursuant to this article, shall review all relevant
information regarding the rated performance of the grease
interceptor, and the building plan and facility site plan
for the building and site where the grease interceptor has
been installed, and shall approve such grease interceptor
installation upon determination that the grease interceptor
meets all applicable standards and requirements.
Ordiriarice No. 5256
Page 6
E. Grease interceptors shall be installed outside the building
housing the FSE and below surface grade, and shali have
access manhoies, with a minimum diameter of 24 inches, over
each chamber and sanitary tee. Access manholes shali
extend from the grease interceptor to at least the finished
surface grade and be designed and maintained to prevent
storm or surface water inflow and groundwater infiltration.
The manholes shall also have readily removable covers to
facilitate inspection and grease removal.
F. Sewer lines which are not grease laden, which are not
likely to contain FOG, or which contain sanitary wastes
shail not be connected to a grease interceptor.
G. Grease interceptors shall be equipped with an accessible
discharge sampiing port with a minimum six-inch diameter,
which shall extend from the grease interceptor to at least
the finished surface grade.
H. Where grease interceptors are shared by more than one FSE,
the building owner shall be the responsible party for
record keeping and cleaning of the interceptor.
8-3E-8: OPERATION, MAINTENANCE AND CLEANING OF GREASE
INTERCEPTORS:
A. The owner or operator of an FSE which is required to pass
wastewater through a grease interceptor or other grease
removal facilities shall operate and maintain the grease
interceptor so that wastewater discharged from the grease
interceptor shall not exceed 100 mg/1 - Total FOG.
B. The owner or operator of the FSE shali cause the grease
interceptor to be cleaned as hereinafter required when FOG
and solids reach twenty-five percent (25%) of the design
liquid level of the grease iriterceptor, or sooner if
necessary to prevent carry over of grease from the grease
interceptor into the city sanitary sewer system.
Interceptors shall be cleaned at least quarterly unless a
longer cleaning interval is approved by the Superintendent.
If the owner or operator of the FSE, or an employee of the
owner or operator, has obtained a waste hauler's license
and has completed, to the satisfaction of the
Superintendent, the course of training offered by Waste
Management Services in the clLeariirig of grease interceptors,
such person or persons may clean the grease interceptor.
Alternatively, the owner or operator of an FSE may employ a
liquid waste hauler licensed by Waste Management Services
pursuant to 4-3E-2 to clean the grease interceptor,
provided that the liquid waste hauler personnel performing
the grease interceptor cleaning has satisfactorily
completed a course ot training on grease interceptor
cleaning offered by Waste Management Services.
C. Any person who cleans a grease interceptor shall have
received the appropriate training through Waste Management
Services and shall clean the grease removal system in
Ordinance No. 5256
Page 7
accordance with the following procedures and requirements.
The person cleaning the grease interceptor shall:
1. Completely empty and remove the contents (liquids and
sludge) of all vaults of the grease interceptor, and
remove the grease mat and scrapings from the interior
walls.
2. Not deposit waste and wastewater removed from a grease
interceptor back into the grease interceptor from
which the waste or wastewater was removed or into any
other grease interceptor, for the purpose of reducing
the volume of waste and wastewater to be disposed of.
3. Not introduce enzymes, emulsifying chemicals, hot
water or other agents into a grease interceptor to
dissolve or emulsify grease or as a grease abatement
method. Introduction of bacteria as a grease
degradation agent is only permitted with prior written
approval by the Superintendent.
4. Dispose of waste and wastewater removed from a grease
interceptor at the city -operated disposal station or
at a facility approved for disposal of such waste by
the Superintendent. Waste and wastewater removed from
a grease interceptor shall not be discharged to any
private sanitary or storm sewer or to the city
sanitary or storm sewer system.
5. Not use an automatic grease removal system to clean a
grease interceptor without prior written approval of
the Superintendent. If the use of an automatic grease
removal system is approved, it shall be operated in a
manner that the grease wastewater discharge limit, as
measured from the system's outlet, is consistently
achieved.
D. If grease interceptor cleaning is performed by a licensed
waste hauler, the owner or operator of the FSE shall
witness all cleaning and maintenance activities to verify
that the grease interceptor is being fully cleaned and
properly maintained according to the requirements of this
section. The waste hauler shall provide a copy of the
disposal receipt for all waste and wastewater removed from
a grease interceptor to the owner or operator of the FSE.
As part of each cleaning of a grease interceptor, the owner
or operator of the FSE, or the licensed waste hauler
employed by the owner or operator, shall at a minimum
perform and record the following maintenance activities:
1. Check that the sanitary "tees" on the inlet and outlet
sides of the grease interceptor are not obstructed,
loose, or missing.
2. Verify that the baffle is secure and in place.
3. Inspect the grease interceptor for any cracks or other
defects.
Ordinance No. 5256
Page 8
4. Check that lids are securely and properly seated after
completion of cleaning.
E. The Superintendent may make exceptions to the above
requirements, or may approve alternative operational
requirements or cleaning and maintenance methods, provided
that such exceptions or approvals shall be made in writing
by the Superintendent.
8-3E-9: RECORDS AND RECORD KEEPING:
A. Required records. The owner or operator of an FSE which is
required to pass wastewater through a grease interceptor or
trap shall maintain a written record of grease interceptor
or trap maintenance, including a log showing the dates upon
which the grease interceptor or trap was inspected and the
estimated amount of FOG present in the grease interceptor
or trap at each inspection, the date upon which waste and
wastewater was removed from the grease interceptor or trap
and disposed of, and the location and means of such
disposal of waste and wastewater, and the name and employer
or the person or persons performing each of said tasks.
The log shall further include a record of the placement of
any approved or unapproved additive into the grease
interceptor, grease trap or building sewer on a constant,
regular or scheduled basis, including the type and amount
of additive placed on each such occasion. Only additives
approved by the Superintendent pursuant to 8 -3E -8(c)(3) may
be used in a grease interceptor.
B. Record keeping. The log shall at all times be kept and
maintained on a day-to-day basis, so as to show a record of
waste and wastewater removal, waste and wastewater disposal
and approved additive placement. All such records shall be
kept secure at the premises of the FSE for a continuous
period of three years and shall be made available for non-
routine inspection by the city, the Superintendent and the
city's operating contractor, or the employees and agents of
any of them, at any time during normal business hours.
8-3E-10: INSPECTION OF GREASE INTERCEPTORS AND RELATED SEWERS
AND EQUIPMENT:
The owner or operator of an FSE shall:
A. Provide, operate and maintain, at
accessible monitoring facilities
manhole), and shall make such
available for inspection, and f
measurement of the building sewer
systems. There shall be ample
monitoring facility to allow
preparation of samples for analysis.
its expense, safe and
(such as a suitable
monitoring facilities
or sampling and flow
or internal drainage
room in or near such
accurate sampling and
B. Allow personnel authorized by the Superintendent, bearing
proper credentials and identification, to enter upon or
into any building, facility or property housing an FSE at
any reasonable time and without prior notification, for the
Ordinance No. 5256
Page 9
purpose of inspection, observation, measurement, samplLing,
testing or record review, in accordance with this article.
0. Open any grease interceptor, upon request by the
Superintendent's authorized representative, for the purpose
of confirming that maintenance frequency is appropriate,
that all necessary parts of the installation are in place,
including but not limited to, baffles influent and effluent
tees, and that all grease interceptors and related
equipment and piping is maintained in efficient operating
condition.
D. Accommodate compiiance inspections and sampling events by
the authorized representatives of the Superintendent.
Staff may conduct routine inspections and sampiing events
of any FSE. Non -routine inspection and sampling events
shall occur more frequently when there is a history of non-
compliance with this article and when biockages occur in
the city's sanitary sewer system downstream of the FSE.
E. Be responsibie for all cleaning and record keeping
associated with the FOG program. If during any inspection
the City determines the records of the FSE or waste hauler
are deficient or have been falsified, the FSE and/or the
waste hauler may be subject to enforcement actions or other
available remedies in accordance with other sections of
this article.
8-3E-11: INSPECTION FEES:
The fees for inspection of an FSE shall be as provided in 8-3A-
3, or as otherwise set by resolution of the city council, and
shall be paid within 30 days of the date of the invoice for such
fees.
8-3E-12: ENFOROEMENT:
The Superintendent is authorized to enforce this article as
hereinafter provided. The city building official or designee,
or such other governmental official hereafter designated by the
Superintendent, is also authorized to enforce this article.
8-3E-13: NOTICE OF VIOLATION; ADMINISTRATIVE PENALTIES;
CORREOTIVE ACTION ORDER:
A. The Superintendent, or such other designated officers or
officials with enforcement authority as provided in 8-35-
12, are authorized to issue a notice of violation imposing
an administrative penalty upon any person who fails to
perform an act required by this article or who comrnits an
act prohibited by this article. Such notice may include a
corrective action order requiring the user to take one or
more of the foliowing corrective actions within 30 days:
1. Conform to best management practices;
2. Submit copies of the grease interceptor maintenance
log;
Ordinance No. 5256
Page 10
3. Develop, submit and implement a FOG compliance plan to
be approveci by the Superintendent or designated
enforcement officialL; or
4. Install a compliant grease interceptor or other grease
removal facilities.
B. The administrative penalty for such violat±ons shall be as
provided in the schedule of administrative penalties
adopted by the city council by resolution. Notice of
violation, with the applicable penalty for such violation
noted thereon, shall be issued to and served upon the
violator by regular mail or by delivery in person.
Delivery shall be deemed to occur upon delivery in person
or two business days after mailing. Penalties assessed
pursuant to notice of violation shall be paid in full by
the violator as directed in the notice within 30 days of
its issuance.
C. The administrative penaities set out in the schedule of
administrative penalties shall be charged in lieu of the
fines and penalties provided for in 8-3E-14, unless the
violator refuses to correct the violation and pay the
scheduled administrative penalty, or the Superintendent
determines that iminediate enforcement action by misdemeanor
or municipal infraction prosecution is, in v±ew of the
particuiar circumstances of the case, necessary to achieve
compliance with the requirements of this article. A record
of all violations, administrative penalties charged or
other enforcement actions taken shall be maintained by the
Superintendent for a minimum period of three years.
D. A person subject to a corrective action order may make a
written request to the Superintendent for a reconsideration
and hearing on the order within ten days from the date of
delivery of the order. The process for such
reconsideration and hearing shall be the same as that set
forth for reconsideration and hearing of a cease and desist
order set forth in 8-3E-15.
8-3E-14: OTHER PENALTIES:
A. Any person who fails to perform an act required by this
article or who comrnits an act prohibited by this article
shall be guilty of a misdemeanor punishable by fine or
imprisonment as set forth in 1-3-1 of this Code or shall be
guilty of a municipai infraction punishable by a civil
penalty as provided by 1-3-2 of this Code.
B. Any person who fails to comply with a pretreatment standard
applicable to an FSE shall be guilty of a municipal
infraction punishable by a civil penalty of not more than
$1,000.00 for each day the violation exists or coritinues,
as provided by section 364.22 of the Iowa Code.
C. When enforcement is sought through a municipal infraction
proceeding, the Superintendent, or such other designated
officers or officials with enforcement authority as
Ordinance No. 5256
Page 11
provided in 8-3E-12, may enter into consent orders,
assurances of voluntary compliance or other similar
documents establishing an agreement with the user
responsible for noncompliance. Such orders will include
specific action to be taken by the user to correct the
noncompliance within a time period specified by the order.
8-3E-15: ORDER TO CEASE OPERATION OF FSE:
A. Where a violation of this article has not been timely
corrected, and results in or threatens interference or pass
through as herein defined, the Superintendent, or such
other designated officers or officials with enforcement
authority as provided in 8-3E-12, shall have the authority
to issue an order in writing to the owner or operator of
the FSE, ordering such person or persons to cease and
desist from further operation of the FSE and from further
discharge of wastewater to the sanitary sewer system. The
order shall be delivered by personal service unless the
owner or operator cannot be found within the city, in which
event notice shall be by ordinary mail addressed to the
owner's or operator's last known address and by posting a
copy of the notice in a conspicuous place upon the premises
of the FSE. Delivery shall be deemed to occur upon
delivery in person or two business days after mailing.
B. Operation of the FSE shall cease on the date stated in the
order and shall not recommence without the prior written
approval of the Superintendent.
C. A person subject to a cease and desist order may make a
written request to the Superintendent for a reconsideration
and hearing on the cease and desist order within ten days
from delivery of the order, provided, however, that
operation of the FSE shall cease pending the outcome of the
hearing.
D. The owner's or operator's request for hearing shall
identify the appealing party, include the address of the
person requesting the hearing and to which all further
notices shall be mailed or served, and shall state the
basis for the appeal.
E. The hearing shall be scheduled to be held as soon as
practicable and no later than 14 days after the request for
hearing was filed with the Superintendent. The person
requesting the hearing shall be notified in writing or by
telephone of the date and place of such hearing at least
three days in advance thereof. At such hearing the
Superintendent and the person requesting the hearing may be
represented by counsel, examine witnesses, and present
evidence as necessary.
F. The determination by the Superintendent that the violation
occurred shall be considered a final administrative
decision, unless appealed as provided in this article.
Ordinance No. 5256
Page 12
8-3E-16: APPEAL OF CORRECTIVE ACTION ORDER OR CEASE AND DESIST
ORDER:
A. Any person aggrieved by a corrective action order or a
cease and desist order issued by the Superintendent, or by
such other designated officers or officials with
enforcement authority as provided in 8-3E-12, may file an
appeal and request a ruling that such order be modified or
rescinded.
B. An appeal request must be filed with the city clerk, and an
administrative fee as set forth in 8-3A-3 paid, within ten
(10) days of the date of delivery of the order. Failure to
file the appeal and pay the administrative fee within said
ten (10) days shall constitute a waiver of the right to a
hearing, and the order of the Superintendent or other
enforcement authority shall thereupon become final.
Hearing on the appeal before the city council, or its
designated committee consisting of no less than three
persons, shall be scheduled for a date within twenty-one
(21) days of filing the appeal and shall be scheduled for
no more than thirty (30) minutes in length, or such
additional time as the city council or committee in its
discretion may deem necessary. If the appellant desires
additional time, he or she must make application to the
city council or committee at least seven (7) days prior to
the hearing date. The appeal hearing shall be simple and
informal, without regard to technicalities of procedure or
rules regarding admissibility of evidence. The city
council or committee may consider any evidence it considers
credible, including testimony of city employees, written
summaries and other secondary sources, and give such weight
to the evidence as it considers warranted. After such
hearing the city council or committee shall affirm, modify
or rescind the order. Such determination shall be
contained in a written decision and shall be filed with the
city clerk within ten (10) days after the hearing, or any
continued session thereof.
8-3E-17: ADDITIONAL REMEDIES:
The Superintendent or the city is not precluded from seeking
alternative relief from the court, including an order for
abatement or injunctive relief or for recovery of
investigational or remedial costs resulting from a non -complying
discharge, in the event that the Superintendent or the city
files a misdemeanor citation, notice of administrative penalty,
and/or files a municipal infraction for the same violation of
this article.
INTRODUCED:
PASSED 1st CONSIDERATION:
PASSED 2nd CONSIDERATION:
PASSED 3rd CONSIDERATION:
November 10, 2014
November 10, 2014
November 17, 2014
November 24, 2014
Ordinance No. 5256
Page 13
PASSED AND ADOPTED this 24th day of November, 2014.
/n�e—,t. Clark, Mayor
ATTEST:
Suzy Sc ares, CMC
City Cl rk
CERTIFICATE
I, Suzy Schares, City Clerk of the City of Waterloo, Iowa,
do hereby certify that the preceding is a true and complete copy
of Ordinance No. 5256 as passed and adopted by the City Council
of the City of Waterloo, Iowa, on the 24th day of November, 2014.
Witness my hand and seal of office this 24th day of
November, 2014.
SEAL Suzy Sch res, CMC
City Cle k