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036 of 1993 - Wastewater Control and Sewer SystemSALT LAKE CITY ORDINANCE No. 36 of 1993 (Wastewater Control and Sewer System) AN ORDINANCE AMENDING TITLE 17, CHAPTERS 32, 36, 40, 44, 48, 52, 56, 60, 64, 68 AND 72, SALT LAKE CITY CODE, RELATING TO WASTEWATER CONTROL AND SEWER SYSTEM. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That the index and certain sections of Title 17, Division II, Wastewater Control and Sewer System, of the Salt Lake City Code, be, and hereby is, amended as follows: Division II. Wastewater Control and Sewer System 17.32 General Provisions and Definitions 17.36 General Regulations 17.40 POTW Sewer Construction 17.44 Construction, Connection and Repair Permits 17.48 Building Sewers, Connections and Repair 17.52 Wastewater Discharge Permits 17.56 Mobile Home Parks and Subdivisions 17.60 Pumping Stations 17.64 Fees and Charges 17.68 Enforcement and penalties 17.72 Schedules SECTION 2. That Title 17, Division II, Wastewater Control and Sewer System, Chapter 32, of the Salt Lake City Code, relating to General Provisions and Definitions, be, and hereby is amended as follows: Sections: Chapter 17.32 GENERAL PROVISIONS AND DEFINITIONS Article I. General Provisions 17.32.010 Short Title. 17.32.020 Purpose of provisions. 17.32.030 Amendment process. Article II. Definitions 17.32.040 Definitions. 17.32.050 Abbreviations. 17.32.060 Act or The Act. 17.32.070 Approval Authority. 17.32.080 Authorized representative of industrial user. 17.32.090 Biochemical oxygen demand (BOD). 17.32.100 Building or lateral sewer. 17.32.110 Business Classification Code (BCC). 17.32.120 Categorical standards. 17.32.130 Chemical Oxygen demand (COD). 17.32.140 Chlorine demand. 17.32.150 Compatible pollutant. 17.32.160 Construction standards. 17.32.170 Contamination. 17.32.180 Control authority. 17.32.190 Cooling water. 17.32.200 Direct discharge and discharge. 17.32.210 Discharger. 17.32.220 Enforcement document. 17.32.230 Environmental Protection Agency or EPA. 17.32.240 Food preparation and processing establishments. 17.32.250 Garbage. 17.32.260 Grab sample. 17.32.270 Holding -tank sewage. 17.32.280 Incompatible pollutant. 17.32.290 Indirect discharge. 17.32.300 Industrial user. 17.32.310 Industrial waste. 17.32.320 Interference. 17.32.330 Director. 17.32.340 National categorical pretreatment standard or pretreatment standard. 17.32.350 National Pollution Discharge Elimination System (NPDES) Permit. 17.32.360 National prohibitive discharge standard or prohibitive discharge standard. 17.32.370 New Source. 17.32.380 Grease and Oil. 17.32.390 Pass through. 17.32.400 Person. 17.32.410 pH. 17.32.420 Pollution or pollutant. 17.32.430 Pretreatment or treatment. 17.32.440 Pretreatment requirements. 17.32.450 Publicly owned treatment works (POTW). 17.32.460 POTW governing authority. 17.32.470 POTW treatment plant. 17.32.480 Receiving water quality requirements. 17.32.490 Sanitary sewer. 17.32.500 Sewage. 2 * * * 17.32.510 Shall, will and may. 17.32.520 Significant non-compliance. 17.32.530 Significant industrial user. 17.32.540 State. 17.32.550 Standard industrial classification (SIC). 17.32.560 Storm sewer. 17.32.570 Stormwater. 17.32.580 Subdivision. 17.32.590 Suspended solids. 17.32.600 Toxic Pollutant. 17.32.610 User. 17.32.620 Viscosity. 17.32.630 Wastewater. 17.32.640 Wastewater discharge permit. 17.32.650 Wastewater strength. 17.32.660 Waters of the state. Article 1. General Provisions 17.32.010 Short title. * * * 27.32.020 Purpose of provisions. B. C. * * * 1. through 5. * * * * * * D. The provisions herein shall apply to the POTW and to persons outside the service area of the POTW, who are, by contract or agreement with the POTW, Users of the POTW. The provisions herein shallprovide for enforcement and penalties for violations. 17.32.030 Amendment process. * * * Article II. Definitions 17.32..040 Definitions. 17.32.050 Abbreviations. The following abbreviations shall have designated meanings: A. through M. * * * 3 N. "TRC" means technical review criteria. O. "TSS" means total suspended solids. 17.32.060 Act or The Act. "Act" or "The Act" means the Federal Water Pollution Control Act, P.L- 92-5000, also known as the Clean Water Act, including the amendments made by the Clean Water Act of 1977, P.L. 95217, the Water Quality Act of 1987, P.L. 100-4 and any subsequent amendments. 17.32.070 Approval authority. "Approval authority" means the state agency responsible for wastewater regulations in an NPDES state with an approved state pretreatment program or the Administrator of the EPA in a non-NPDES state or NPDES state without an approved state pretreatment program. 17.32.080 Authorized representative of industrial user. 17.32.090 Biochemical oxygen demand (BOD). "Biochemical oxygen demand (BOD)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at twenty degrees Centigrade, expressed in terms of weight and concentration (milligrams per liter (mg/1)). Laboratory determinations shall be made in accordance with methods set forth in 40 CFR 136 or its successor. 17.32.100 Building or lateral sewer. "Building or lateral sewer" means a sewer conveying the wastewater of a User from a residence building or other structure 4 * * * to a POTW sewer, including direct connections to a POTW sewer where permitted by the POTW. A lateral sewer is a building sewer. 17.32.110 Business classification code (BCC). "Business classification code (BCC)" means a classification of dischargers based on the 1972 Standard Industrial Classification Manual, Bureau of the Budget of the United States of America or its successor. 17.32.120 Categorical standards. * * * 17.32.130 Chemical oxygen demand (COD). "Chemical oxygen demand (COD)" means the oxygen equivalent of that portion of organic matter in a wastewater sample that is susceptible to oxidation by a strong chemical oxidant. Laboratory determinations shall be made in accordance with methods set forth in 40 CFR 136 or its successor. 17.32.140 Chlorine demand. "Chlorine demand" means the amount of chlorine required to produce a free chlorine residual of 0.1 mg/1 at the end of the contact period on a sample, in conformance with the procedures described in Standard Methods set forth in 40 CFR 136 or its successor. 17.32.150 Compatible pollutant. * * * 17.32.160 Construction standards. * * * 17.32.170 Contamination. * * * 17.32.180 Control authority. "Control authority" means and refers to the "approval 5 authority" defined in this article; or the Director, if the POTW has an approved pretreatment program under provisions of 40 CFR 403.11, or its successor. 17.32.190 Non -Contact Cooling water. * * * 17.32.200 Direct Discharge and Discharge. 17.32.210 Discharger. * * * 17.32.220 Enforcement document. "Enforcement document" means the policies and procedures developed by the control authority and accepted by the approval authority to track compliance and take enforcement actions against noncompliance with the industrial pretreatment program requirements and limitations. 17.32.230 Environmental Protection Agency or EPA. * * * 17.32.240 Food preparation and processing establishments. * * * * * * 17.32.250 Garbage. * * * 17.32.260 Grab sample. * * * 17.32.270 Holding -tank sewage. * * * 17.32.280 Incompatible pollutant. * * * 17.32.290 Indirect discharge. * * * 17.32.300 Industrial user. "Industrial user" means any non-residential user that discharges wastewater to the POTW. 17.32.310 Industrial waste. 17.32.320 Interference. The term "Interference" means a discharge which, alone or in 6 conjunction with a discharge or discharges from other sources or both; A. Inhibits or disrupts the POTW, its treatment processes or operations or its sludge process use or disposal; and B. Causes a violation of any requirement of the POTW's NPDES permit (including increase in the magnitude or duration of a violation) or the prevention of sewage sludge use or disposal in compliance with the more stringent State or local regulations); Section 405 of The Clean Water Act; the Solid Waste Disposal Act (SWDA), including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA); State regulations contained in any Utah State sludge management plan prepared pursuant to Subtitle D of the SWDA); the Clear Air Act; the Toxic Substances Control Act; and the Marine Protection Research and Sanctuaries Act. 17.32.330 Director. "Director" means the director of public utilities of the POTW or his or her designated representative. 17.32.340 National categorical pretreatment standard or pretreatment standard. "National categorical pretreatment standard" or "pretreatment standard" means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of The Act (33 USC 1347), or its successor, which applies to a specific category of industrial user. These standards are based upon the best technology 7 available to treat pollutants of concern resulting from the regulated process. Categorical pretreatment standards are published by industrial category as a separate regulation. All Users regulated by a particular category are required to comply with these standards regardless of where they are located. 17.32.350 National Pollution Discharge Elimination System (NPDES) Permit. "National Pollution Discharge Elimination System (NPDES) Permit" means a permit issued pursuant to Section 402 of The Act (33 USC 1342), or its successor. 17.32.360 National prohibitive discharge standard or prohibitive discharge standard. "National prohibitive discharge standard" or "prohibitive discharge standard" means any regulation developed under the authority of Section 307(b) of The Act and 40 CFR, Section 403.5, or successor sections. 17.32.370 New Source. * * * 17.32.380 Grease and Oil. The total grease and oil measured in a wastewater sample by methods set forth in 40 CFR 136 or its successor. 17.32.390 Pass through. "Pass through" means a discharge that exits the POTW into the receiving waters in quantities or concentrations that, alone or in conjunction with a discharge or discharges from other sources, causes a violation of any requirement of the POTW's 8 NPDES permit, including an increase in the magnitude or duration of the violation. 17.32.400 Person or User. "Person" or "User" means 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, and the singular shall include the plural where indicated by context. 17.32.410 pH. * * * 17.32.420 Pollution or pollutant. * * * 17.32.430 Pretreatment or treatment. * * * 17.32.440 Pretreatment requirements. * * * 17.32.450 Publicly owned treatment works (POTW). "Publicly owned treatment works (POTW)" means a treatment works, as defined by Section 212 of the Act (33 USC 1291), or its successor, which is owned by Salt Lake City Corporation having statutory authority to collect and treat sewage. This definition includes any sewers, pumping stations and appurtenances used to convey wastewater to the POTW treatment plant, except building or lateral sewers. For the purposes of this ordinance, "POTW" shall also include any sewers that convey wastewater to the POTW by persons outside the POTW boundaries who are by contract or agreement with the POTW actually users of the POTW. 17.21.460 POTW governing authority. 17.32.470 POTW treatment plant. 9 * * * * * * 17.32.480 Receiving water quality requirements. 17.32.490 Sanitary sewer. * * * 17.32.500 Sewage. * * * 17.32.510 Shall, will and may. * * * 17.32.520 Significant non-compliance. "Significant non-compliance" means the violation meets one or more of the following criteria: A. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent,or more of all the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter. B. Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent or more of all of the measurements for each pollutant parameter taken during a six- month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH). C. Any other violation of a pretreatment effluent limit (daily maximum or longer -term average) that the Control Authority determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public). D. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment, or 10 * * * has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge. E. Failure to meet, within ninety days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance. F. Failure to provide, within thirty days after the due date, required reports such as baseline monitoring reports, ninety -day compliance reports, periodic self -monitoring reports and reports on compliance with compliance schedules. G. Failure to accurately report noncompliance. H. Any other violation or group of violations which the Control Authority determines will adversely affect the operation or implementation of the local pretreatment program. 17.32.530 Significant industrial user. "Significant industrial user" means any industrial user of the wastewater disposal system who: A. Is subject to National Categorical Pretreatment Standards; or B. Has a discharge flow of twenty-five thousand gallons or more within a twenty -four-hour period; or C. Has a flow greater than five percent of the flow in the POTW wastewater treatment system; or D. Has in such User's wastes, toxic pollutants, as defined pursuant to Section 307 of The Act or Utah Statutes and rules; or 11 E. Is found by the POTW, Utah State Water Pollution Committee, 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 a sludge, the system's effluent quality, or air emissions generated by the system. 17.32.540 State. * * * 17.32.550 Standard Industrial Classification (SIC). "Standard industrial Classification (SIC)" means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972, or its successor. 17.32.560 Storm sewer. * * * 17.32.570 Stormwater. * * * 17.32.580 Subdivision. * * * 17.32.590 Suspended solids. "Suspended solids" means 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 in accordance with methods set forth in 40 CFR Part 136 or its successor. 17.32.600 Toxic pollutant. * * * 17.32.610 User. * * * 17.32.620 Viscosity. * * * 17.32.630 Wastewater. * * * 17.32.640 Wastewater discharge permit. * * * 12 17.32.650 Wastewater strength. 17.32.660 Waters of the state. * * *• * * * SECTION 3. That Title 17, Division II, Wastewater Control and Sewer System, Chapter 36, of the Salt Lake City Code, relating to General Regulations, be, and hereby is amended as follows: Chapter 17.36 GENERAL REGULATIONS Sections: 17.36.010 Supervision of POTW 17.36.020 Federal categorical pretreatment standards. 17.36.030 State requirements applicable when. 17.36.040 More stringent limitations--POTW rights. 17.36.050 General discharge regulations. 17.36.060 Unpolluted waters discharged to storm sewers. 17.36.070 Discharging surface waters into sanitary sewers. 17.36.080 Prohibited discharges --Specific categories. 17.36.090 Local Limits. 17.36.100 Grease, oil and sand interceptors. 17.36.110 Special agreements and contracts. 17.36.120 Repair or replacement of sewers --Sewer contractor requirements. 17.36.130 Private facilities --Mandatory connection to sewers. 17.36.140 Private sewage disposal --Limitations. 17.36.150 Prohibited connections to POTW. 17.36.160 Discontinuance of service. 17.36.170 Manhole covers. 17.36.180 Dilution of discharges prohibited. 17.36.190 Injuring sewer system prohibited. 17.36.010 Supervision of POTW. The POTW shall be supervised and directed by the Director. 17.36.020 Federal categorical pretreatment standards. Upon the promulgation of the federal categorical pretreatment standard for a particular industrial subcategory, developed pursuant to 40 CFR 403-6, or its successor, the federal standard, if more stringent than limitations imposed in Division 13 II of this title for sources in that subcategory, shall immediately supersede the limitations imposed herein. The Director shall notify all affected Users of the applicable reporting requirements under 40 CFR 403.12, or its successor. 17.36.030 State requirements applicable when. * * * 17.36.040 More Stringent limitations--POTW rights. * * * 17.36.050 General discharge regulations. A. * * * B. Discharge of Sewage. No person shall discharge any sewage from any premises within the POTW service area into and upon any public highway, stream, watercourse or public place, or into any drain, cesspool, storm or private sewer; except as provided for hereafter. 17.36.060 Unpolluted waters discharged to storm sewers. Stormwater, surface drainage, subsurface drainage, groundwater, roof runoff, non -contact cooling water or unpolluted water may be admitted to specifically designated storm sewers which have adequate capacity for the accommodations of such waters. No person shall connect to and/or use sanitary sewers for the above purposes without having first obtained the written consent of the Director. 17.36.070 Discharging surface waters into sanitary sewers. No person shall cause to be discharged or make a connection which would allow any stormwater, surface drainage, groundwater, roof runoff, non -contact cooling water or unpolluted water to be admitted igto any sanitary sewer, unless otherwise permitted in 14 writing by the Director. No person shall cause any of the above -mentioned waters to be mixed with that person's industrial waste in order to dilute said industrial waste. 17.36.080 Prohibited discharges --Specific categories. A. No User shall contribute or cause to be contributed directly, any pollutant, including oxygen -demanding pollutants (BOD), or wastewater which will interfere with the operation or performance of the POTW, or cause a Pass through at the POTW facility. 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. B. A User may not contribute the following substances to any POTW: 1. Explosives. Any liquids, solids or gases which by reason 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 any explosion -hazard meter, at the point of discharge into the system (or at any point in the system) be more than five percent, nor any single reading over ten percent of the lower explosive limit (LEL) of the meter, or have a closed cup flash point of less than one hundred forty degrees 15 fahrenheit using test methods specified in 40 CFR 261.26 or its successor. 2. Solids. 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 -quarter inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinder, sand, spent lime, stone or marble dust, metal, glass, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes; 3. * * * 4. Toxic Pollutants. Any wastewater containing toxic pollutants that either singly or by interaction with other pollutants, may injure or interfere with any POTW wastewater treatment or sludge a hazard to humans or animals, in the receiving waters of the of the POTW systems, or exceed handling process, constitute create an acute toxic effect POTW, contaminate the sludge the limitations set forth in a categorical or local pretreatment standard, as in Schedule 2, Section 17.72.020 herein. 5. through 7. * * * S. Objectionable Color. set forth Any wastewater with objectionable color not removed in the POTW treatment 16 process, such as, but not limited to, dye wastes and vegetable tanning solutions; 9. Temperature. Any wastewater having a temperature which will adversely affect the POTW. Under no circumstances shall the discharge temperature exceed one hundred four degrees Fahrenheit; 10. Radioactive Wastes. Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Director in compliance with applicable state or federal regulations; 11. Hazards or Nuisances. Any wastewater which causes a hazard to human life or creates a public nuisance. 12. Oil and Grease. Any wastewater containing oil and/or grease in excess of 500 mg/1, or may cause interference or Pass through. 17.36.090 Local limits. In addition to limits set forth in Section 17.36.090, no person shall discharge wastewater into the POTW containing substances in excess of the standards established by the POTW herein or as set forth in Schedule 2, Section 17.72.020 herein, or as amended or included in specific discharge permits. 17.36.100 Grease, oil and sand interceptors. A. From and after the effective date of the ordinance codified in Division II of this title, grease, oil and sand interceptors, as described by the Utah Plumbing Code, hereinafter 17 "interceptors", shall be required, both for any new or old business where its building is newly constructed, added to or refurbished to the extent that a building permit is required under the law, for any food processing or preparation establishments, or any other User for the proper handling of liquid wastes containing grease, or any flammable wastes, sand and other harmful ingredients, except that such interceptors shall not be required for dwellings. An interceptor shall be of a type and capacity approved by the Director according to plans on file in the POTW's office, and shall be located as to be readily accessible for cleaning by User and inspection by POTW employees. B. Any existing floor drain, such as those from interior auto maintenance shops, garages or machine shop facilities, that discharges into a storm drain system shall be plugged, or require the installation and maintenance of an interceptor, monitoring site and sanitary sewer connection. Storm drainage from areas surrounding fuel pumps must go through an interceptor before entering the storm system, and records of maintenance on the interceptor must be available upon request. All new facilities will be required to meet these regulations. C. All interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight. 18 D. Where installed, interceptors must be inspected and approved by the City, and shall be maintained in continuous efficient operation at all times by the User at the User's sole expense. E. In the event a food processing or preparation establishment installs or has installed an interceptor pursuant to this section, said installation shall not in and of itself, relieve the User from complying with Section 17.52.090 and/or Section 17.72.020 of the ordinance. 17.36.130 Special agreements and contracts. A. Special User Agreement. No statement contained in this section shall be construed as prohibiting special written agreements between the POTW and any other User allowing industrial waste or wastewater of unusual strength or character to be admitted to the POTW, provided the User compensates the POTW for any additional costs of treatment. Such agreement, however, may not violate any of the specific prohibitions provided herein. The POTW shall determine the wastewater criteria, and volume characteristics used to calculate any additional cost of treatment. B. Contracts with Other POTW'S. Whenever there is excess POTW sewage treatment capacity, the POTW may contract with any other organized and established sewage treatment plant or with any other governmental agency or private enterprise for the discharge into the POTW from any part or parts thereof, or Person living outside the boundaries of the POTW, upon such terms and 19 conditions and for such periods of time as may be deemed reasonable. 17.36.140 Repair or replacement of sewers --Sewer contractor requirements. No User not licensed as a plumber or licensed and bonded contractor, pursuant to the requirements hereof, shall engage in the business of repair or replacement of a building drain or building sewer, without first obtaining a license or permit from the POTW and filing a corporate surety bond with the POTW in an amount to be specified by the POTW, such that the principal and surety shall hold POTW harmless from any and all injuries to persons or damage to property, and particularly to the sewer mains, caused by or through the cleaning or removal of any stoppage in any drain or sewer, and further conditioned that the principal will faithfully observe all ordinances, rules and regulation of said POTW pertaining to plumbing and sewers. 17.36.150 Private Facilities Mandatory connection to sewers. A. Connection Required When. The owner or the owner's agent of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the Salt Lake City sewer service area and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a city sewer line, shall, when notified and required in writing by the city, at owner's expense, install suitable toilet facilities therein, and connect such facilities directly with the city sewer system in accordance with 20 the provisions herein within ninety days after date of official notice to do so, provided that the said city sewer line is within three hundred feet of the owner's property line. B. Discontinuance of Privy Vaults, Cesspools and Septic Tanks. 1. After date of official notice in Section A, no User, or his/her agent, or other person having charge of or occupying any property within three hundred feet of a city sewer shall maintain or use or cause or permit to exist any privy vault, septic tank or cesspool upon such property without the city's written consent. 2. In no case shall any plumbing in any house or building not complying with subsection A and official notice required therein of this section remain unconnected to any public sewer for more than ninety days after written notice from the city. C. Outhouses Prohibited. No User shall erect or maintain any outhouse or privy within the city sewer service area, except as licensed by the City. 17.36.160 Private sewage disposal --Limitations. A. Private Disposal Prohibited When. 1. No User shall construct, use or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage within the boundaries of POTW where POTW service is available within three hundred feet of the property line of any property 21 upon which any building, privy, privy vault, septic tank, cesspool or other facility as described above exists, except as provided in subsection 17.36.150 A.B.1. 2. No User shall construct, use or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the purpose of disposal of sewage from any subdivision located within the boundaries of POTW. 3. * * * B. Private Disposal Authorized When. 1. * * * 2. Prior to commencement of construction of a private sewage disposal system, the User or his/her agent shall first obtain written permission from the Director for submission to the City -County Health Department. 3. The User or his/her agent shall operate and maintain the private sewage disposal facilities at User's sole expense and in compliance with all applicable federal, state, and local laws, rules and regulations. 4. No statement contained in this section shall be construed to interfere with any additional requirements which. may be imposed by the City -County Health Department, the Utah Water Quality Board or the Utah State Department of Environmental Quality. 17.36.170 Prohibited connections to POTW. No person, either in person or through an agent, employee or contractor, shall make, allow or cause to be made any sewer 22 connection to the POTW for service, or for the purpose of servicing property outside the boundaries of the POTW, except upon the written approval of the Director. Such connection to the POTW shall be made by a person who is either a bonded, state licensed sewer contractor or bonded licensed plumber who has obtained necessary sewer and street permits. 17.36.180 Discontinuance of service. Any User desiring to discontinue service shall notify the POTW in writing of such fact at least thirty days before the date when such service shall be discontinued. Upon giving such written notice, said User shall not be responsible for bills incurred after the termination date specified in the notice. Any unused credit balance in favor of the customer as a result of an advance payment of bills or deposit will be promptly refunded upon discontinuance of service. 17.36.190 Manhole covers. No User or 'other person shall open any POTW sewer manhole without permission from the Director. 17.36.200 Dilution of discharges prohibited. No User shall ever dilute a discharge as a partial or complete substitute for adequate pretreatment to achieve compliance with the limitations contained in the federal categorical, pretreatment standards, or in any other pollutant specific limitations. 17.36.210 Injuring sewer system prohibited. No Person shall injure, break or remove any part or portion 23 of any POTW sewer or system, or any sewer appliance or appurtenance, without the POTW's prior written cdnsent. SECTION 4. That Title 17, Division II, Wastewater Control and Sewer System, Chapter 40, of the Salt Lake City Code, relating to POTW Sewer Construction, be, and hereby is amended as follows: Chapter 17.40 POTW SEWER CONSTRUCTION Sections: 17.40.010 Design and construction manuals and specifications. 17.40.020 Construction - Sewer contractor requirements. 17.40.030 Excavations - Safety barricades - Restoration of surfaces. 17.40.040 Construction - Inspection and approval. 17.40.050 Maintenance of sewers. 17.40.060 Petitioning contracts. 17.40.010 Design and construction manuals and specifications. The size, slope alignment, materials of construction of a POTW sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements set forth in the Code of Waste Disposal Regulations, adopted by the Utah State Water Quality Board pursuant to state law, and other specific requirements as set forth by the POTW. WEF Manual of Practice No. 9, Design and Construction of Sanitary and Storm Sewer (as revised), prepared by a Joint Committee of the Water Environment Federation and the American Society of Civil Engineers, is hereby adopted as the general guideline for the planning, design and construction of all POTW sewers, unless modified by construction standards 24 adopted by the POTW. All sewer main pipes installed in the public way shall be a minimum of 8" in diameter and minimum slope on sewer main pipeline shall be as follows, unless otherwise authorized in writing by the Director: 8" 0.40% 10" 0.30% 12" 0.20% 15" 0.15% 18" 0.10% 21" 0.09% 24" 0.08% 30" 0.06% 17.40.020 Construction --Sewer contractor requirements. The actual construction of the POTW sewer shall be conducted by a bonded sewer contractor licensed by the state of Utah. Prior to construction, the contractor must be approved by the Director. 17.40.030 Excavations --Safety barricades --Restoration of six surfaces. All excavations for POTW sewer installation shall be adequately guarded by the contractor with barricades and or lights so as to protect the public from hazard. Streets, sidewalks, parkways and other publicproperty disturbed in the course of the work shall be restored by the contractor in a manner satisfactory to the Director or governing entity or agency. 17.40.040 Construction --Inspection and approval. All phases of the POTW sewer construction shall be inspected and approved by the POTW. Failure to obtain the necessary inspections and approvals may result in the work being redone. 25 All work shall be completed in accordance with the construction, testing and acceptance standards of the POTW. 17.40.050 Maintenance of sewers. All POTW mains, sewers and pipelines located within the public way, except building sewers, shall be maintained by the POTW. City owned pipelines located within easements may be maintained by the POTW pursuant only to contract. 17.40.060 Petitioning Contracts. All new main pipelines must be petitioned for to the public utilities director. All mains shall be extended, at a minimum, to the far end of the lot being served. All roads shall be sub - graded prior to installation of the public utilities facilities. All applicable service connection fees shall be paid for each lot to be served thereby prior to installation of the main extension. All sewer mains and related facilities installed shall be subject to the acceptance of city's department of public utilities. All conditions required by the city shall be the same as applicable ordinance sections 17.36 et seq., 17.44 et seq. and 17.48 et seq. SECTION 5. That Title 17, Division. II, Wastewater Control and Sewer System, Chapter 44, of the Salt Lake City Code, relating to Construction, Connection and Repair Permits, be, and hereby is amended as follows: Chapter 17.44 CONSTRUCTION, CONNECTION AND REPAIR PERMITS Sections: 17.44.010 Sewer work --Permit required. 17.44.020 Permit --Application for sewer connections. 26 17.44.030 Additional surveys or Inspections -;Fee. 17.44.040 Permit --Application for repairs and replacements -- Fee. 17.44.050 Trail sewer survey fee. 17.44.060 Permit --issuance conditions --Sewer assessment payment 17.44.070 Assessments in addition to fees. 17.44.080 Permit --Not transferable. 17.44.090 Time for completion of work. 17.44.100 Inspection of sewer lines --Corrections. 17.44.110 Reinspection--Additional fee. 17.44.120 Failure to remedy defective work. 17.44.130 Permit --Revocation conditions. 17.44.140 Starting work without permit --Stop work order. 17.44.150 Survey stakes --Removal or covering prohibited. 17.44.160 Survey stakes --Resetting fee. 17.44.170 Extensions --Application and advancing of expenses. 17.44.180 Extensions --Statement of costs. 17.44.190 Extensions --Construction work. 17.44.200 Extensions --Refund of expenses --Conditions. 17.44.210 Return of city's expenses. 17.44.010 Sewer work --Permit required. No person shall commence or carry on the work of installing, repairing, altering or connecting any building sewer, directly or indirectly, to the POTW sewer, without first having received applicable excavation and/or sewer connection permits. 17.44.020 Permit --Application for sewer connections. 17.44.030 Additional surveys or inspections --Fee. In the event that the Director finds the sewer connection at the building is not exposed when the inspector or surveyor visits the site to determine the materials used and/or elevation, or if the permittee has not given sufficient information when making application for a permit so that the survey can be completed, or if the permittee requests a change in the survey, an additional fee shall be determined and charged by the POTW. 27 * * * 17.44.040 Permit --Application for repairs and replacements -- Fee. Application for permits for sewer repair or replacement of any sewer line must be made in writing by a licensed and bonded sewer contractor•or plumber on an application furnished by the Director. Repair or replacement of any sewer line shall be tested and inspected in, accordance with standards set by the POTW. A fee shall be determined and collected by the POTW for each such inspection. 17.44.050 Trial sewer survey fee. * 17.44.060 Permit --Issuance conditions --Sewer assessment payment. A. * * * B. The Director shall maintain a record of the payment of the assessments and fees, together with survey plats indicating the real property within POTW for which the sewer connection assessments and fees have been paid, and these records shall be open to public inspection during regular hours of the POTW. 17.44.070 Assessments in addition to fees. 17.44.080 Permit --Not transferable. No contractor or plumber shall use or allow his/her license to be used in any way for the purpose of procuring a permit for any person other than himself, herself, or such person's duly authorized representative. The duly licensed and bonded sewer contractor or plumber shall be responsible for any and all work done pursuant to the issuance of any permit specified hereunder, 28 * * * regardless of whether the work is actually done by the contractor or the contractor's duly authorized representative. 17.44.090 Time for completion of work. * * * 17.44.100 Inspection of sewer lines --Corrections. The inspection of sewer lines between the POTW sewer main and within three feet of the building foundation shall be under the direction of the Director. The POTW shall be notified on a regular working day at least twenty-four hours in advance of the time the permittee requests inspection. The entire length of the building sewer, including the junction at the POTW sewer shall be fully exposed. Any portion of the work not done in accordance with these requirements and the instruction of the POTW, or its inspectors shall be corrected promptly. There shall be no backfilling until the inspection is made and the work accepted. No certificate of inspection shall be issued until the work is satisfactorily performed and accepted. 17.44.110 Reinspection--Additional fee. * * * 17.44.120 Failure to remedy defective work. No further permit shall be issued to any licensed and bonded contractor or plumber who has failed to remedy defective work to the satisfaction of the Director after such contractor or plumber has been notified in writing. 17.44.130 Permit --Revocation conditions. The Director may, at any time, revoke a permit because of defective work which has not been corrected after written notice and within the time specified therein by the Director. 29 17.44.140 Starting work without permit --Stop work order. If any work requiring a permit is commenced without the necessary permits first having been obtained therefor, the POTW may immediately issue a stop work order until the proper permits are obtained, and such an offender• shall, in addition to any other penalties, may be charged double the regular permit fee. 17.44.150 Survey stakes --Removal or covering prohibited. * * * 17.44.160 Survey stakes --Resetting fee. * * * 17.44.170 Extensions --Application and advancing of expenses. Any person desiring to have the sewer mains within the city extended must advance the whole expense of such extension and the additional expenses necessary for sewer service or related facilities. Such person may make application to the city by petition containing a description of such proposed extension, accompanied by a map showing the location thereof, which petition shall also contain an offer to advance the whole expense of making the same, as said expense shall be certified to by the Director by either entering into a contract for installation by and all related costs to be borne by petitioner, or a contract to pay for such expense with the work to be done by or contracted for by the city. 17.44.180 Extensions --Statement of costs. Upon the receipt of such petition and map, and before the petition is granted, the mayor shall obtain from the Director of 30 public utilities a certified statement showing the whole cost and expense of making such extension. 17.44.190 Extensions --Construction work. If the mayor shall grant such petition, the'petitioner shall either (a) enter into a contract with the city whereby the petitioner shall install the extension entirely at petitioner's expense, but pursuant only to plans and specifications prior approved by the Director, or (b) within thirty days, or such other time as the Director shall indicate after the granting thereof, deposit the amount of the cost and expense of making such extension, as certified by the Director, with the city treasurer. Such work shall either be done by or contracted for by the city. 17.44.200 Extensions --Refund of expenses --Conditions. * * * 17.44.210 Return of city's expenses. SECTION 6. That Title 17, Division II, Wastewater Control and Sewer System, Chapter 48, of the Salt Lake City Code, relating to Building Sewers, Connections and Repairs, be, and hereby is, amended as follows: Chapter 17.48 BUILDING SEWERS, CONNECTIONS AND REPAIRS Sections: * * * 17.48.010 Design and construction specifications. 17.48.020 Sewer specifications. 17.48.030 Separate connections for each premises. 17.48.040 Reuse of old building sewers. 17.48.050 Connection to POTW sewer --Requirements. 17.48.060 Building sewer elevation --Low areas. 17.48.070 Separation from other utilities. 17.48.080 Pipe to be free of defects. 17.48.090 Connection of unlike pipe --Standards. 31 17.48.100 Joint which connects to POTW sewer --Specifications. 17.48.110 Cleanout requirements. 17.48.120 Installation expenses. 17.48.130 Fee --Opening sewer when junction pipe not available. 17.48.140 Fee --Replacing damaged junction pipe. 17.48.150 Testing for leaks. 17.48.160 Trench safety and surface restoration. 17.48.170 Excavating barricades and public safety. 17.48.180 Earth cover required. 17.48.190 Maintenance responsibility. 17.48.200 Survey and inspection. 17.48.010 Design and construction specifications. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the building and plumbing code or other applicable laws,.rules and regulation of federal, state, and local entities, and POTW Construction Standards. All Building Sewers larger than 6" diameter shall be approved in writing by the Director. 17.48.020 Sewer Specifications. The size of a building sewer shall be 4" or 6" diameter. The minimum slope shall be: 1. 4" tile 2% 2. 4" ductile iron or PVC 1.67%. 3. 6" concrete or tile 1% 4. 6" iron or PVC .89% 5. 8 inch concrete or tile 0.40%. 6. 8 inch iron or PVC 0.40% Acceptable materials are: Vitrified clay (tile), Concrete over 4" diameter, Minimum SDR 35 PVC, Cast iron, and Ductile iron. 32 Pipe alignment of the building sewer shall be as approved by the POTW. Deviation of this section may only be considered upon written request from the owner and plumber. Approval of any such request shall be in writing by the Director. 17.48.030 Separate connection for each premises. Each separate building or premises shall have a separate connection to the main sewer line, except when deemed impracticable and so found in writing by the Director. Each owner will bear and pay for the maintenance and repair of such owner's building or lateral sewer. Notwithstanding the above, where a dwelling'is the rear of another building and on the same building lot and owned by the same party, the Director may issue a sewer permit for a multiple connection. 17.48.040 Reuse of old building sewers. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the POTW, to meet all requirements herein, otherwise, old building sewers shall be plugged at the User's expense upon temporary discontinuance of service. Services to be disconnected permanently shall be plugged at the wye or property line as determined by the POTW. The plug in the old building sewer must be approved and an inspection fee will be charged by the POTW. 17.48.050 Connection to POTW sewer --Requirements. No person shall make any connections to, or in any manner perform any work upon any of the mains, connections or appliances 33 pertaining to the sewer facilities of Salt Lake City until such person shall have secured a license, been registered, and where applicable, filed a performance bond guaranteeing the installation of underground sewer facilities within the city service area. The applicant for the building sewer permit shall notify the Director when the building sewer is ready for inspection and connection to the POTW sewer. The connection shall be made by or under the supervision of the Director or his/her representative. The connection of the building sewer to the POTW sewer shall conform to the requirements of the building and plumbing codes, or other applicable laws, rules and regulations of federal, state and local entities. All such connections shall be made watertight. A bonded licensed plumber shall install service laterals from the main to the property line at the center of the lot or such other location as is approved by city. 17.48.060 Building sewer elevation --Low areas. In all buildings where the elevation is too low to permit gravity flow to the POTW sewer, sanitary sewage discharge from such building shall be lifted by a POTW-approved means and discharged to the sewer and operated and maintained by the User. 17.48.070 Separation from other utilities. All utility lines or conduits shall be separated from the building sewer as required by state law. In addition, separation of culinary water line and sanitary sewer line shall be a minimum of three feet of undisturbed ground from outside pipe diameter to 34 outside pipe diameter. A sanitary sewer crossing above a culinary water line shall be of a material approved by the Director and extend a minimum of ten feet on either side of the water line without a joint. 17.48.080 17.48.090 17.48.100 Pipe to be free of defects. * * * Connection of unlike pipe --Standards. * * * Joint which connects to POTW sewer --Specifications. * * * 17.48.110 Cleanout requirements. A cleanout "wye" must be located immediately at the property line or as approved by the Director. In all cases, the cleanout pipe from the "wye" to the surface of the finished grade must be iron or other material approved by the Director and on a slope of forty-five degrees. The cover must be a City Director approved cleanout plug. Additional cleanouts shall be placed a minimum of fifty feet apart along any four -inch building sewer, and every one hundred feet along any six-inch building sewer, and at all other changes in direction. Cross -supports for cleanouts shall be eighteen inches below the cleanout tops. No waste of soil shall enter cleanout pipes. A test tee shall be required at or near the property line or wye as required by inspector. 17.48.120 Installation expenses. * * * 17.48.130 Fee --Opening sewer when junction pipe not available. * * * 17.48.140 Fee --Replacing damaged junction pipe. 17.48.150 Testing for leaks. * * * 35 * * * 17.48.160 17.48.170 17.48.180 Trench safety and surface restoration. Excavation barricades and public safety. Earth cover required. No lateral sewer line shall have less than two feet of earth cover at finished grade and four feet minimum over the mains, unless specifically authorized otherwise in writing by the Director. 17.48.190 Maintenance responsibility. * * * 17.48.200 Survey and inspection. Each building sewer will have a survey and inspection before it is accepted by the city public utilities. No survey shall be made until the inside rough plumbing has been accepted by Building and Housing Services unless written permission is granted by the Director. Any adjustments to the building sewer after said permission is granted will be at the property owner's expense. SECTION 7. That Title 17, Division II, Wastewater Control and Sewer System, Chapter 52, of the Salt Lake City Code, relating to Wastewater Discharge Permits, be, and hereby is, amended as follows: Chapter 17.52 WASTEWATER DISCHARGE PERMITS Sections: 17.52.010 Discharge to POTW--Authorization required. 17.52.020 Wastewater discharge permit --Required. 17.52.030 Permit --Application requirements. 17.52.040 Permit --Conditions applicable. 17.52.050 Permit --Duration. 17.52.060 Permit --Modifications and revisions. 36 17 52.070 Permit --Transfer prohibited. 17.52.080 Reporting requirements for permittees. 17.52.090 Monitoring facilitiesforindustrial users. 17.52.100 Sampling and analysis. 17.52.110 Inspection --Right of entry. 17.52.120 Failure to permit inspection. 17.52.130 Confidential information and trade secrets. 17.52.140 Pretreatment requirements --Publication of enforcement actions. 17.52.150 Contracting for administrative services. 17.52.010 Discharge to POTW--Authorization required. No person shal,1 discharge wastewater into the POTW without a POTW permit, or in any area under the jurisdiction of said POTW, except as.authorized by the Director in accordance with the provisions of Division II of this title. 17.52.020 Wastewater discharge permit --Required. A. All nonresidential Users proposing to connect and/or discharge to the POTW shall complete and file with the POTW a User Questionnaire form PU-1. After reviewing the completed User Questionnaire,. the Director shall determine whether or not a Wastewater Discharge Permit is required. If no discharge permit is required, the User may connect to the POTW in accordance with the provisions of Division II of this Title. If a Wastewater Discharge Permit is required, the User shall complete and file with the POTW a Wastewater Discharge Permit Application form PU-2 in accordance with Section 17.52.030 of this title or its successor. B. All nonresidential Users connected and/or discharging to the POTW shall complete and file with the POTW a User Questionnaire form PU-1 if the User changes its process in any way that could alter the wastewater characteristics and/or 37 significantly change the volume of wastewater discharge. After reviewing the User Questionnaire form PU-1, the Director shall determine whether or not a Wastewater Discharge Permit is required. If no permit is required, the User may discharge to the POTW in accordance with the provisions of Division I of the Title. If a Wastewater Discharge Permit is required, the User shall complete and file with the POTW a Wastewater Discharge Permit Application form PU-2 in accordance with Section 17.52.030 of the Title or its successor. C. The Director may require any User to complete and file form PU-1 with the POTW. When the Director determines from analysis of the User's wastewater discharge or other appropriate means that the User is a significant discharger, the User may be required to file permit from PU-2. 17.52.030 Permit --Application requirements. A. Users required to obtain a wastewater discharge permit shall complete and file with the POTW an application in the form prescribed by the POTW and, when required, accompanied by a fee as set forth in the schedule of fees for the POTW. The POTW may grant permit status to each residential User previously authorized to discharge into the POTW system. All existing significant industrial Users shall have a wastewater discharge permit. All proposed new significant industrial Users shall apply at least ninety days prior to anticipated connecting to or contributing to the POTW. 38 B. In support of the application, the User shall submit, in units and terms appropriate for evaluation, the following information: 1. a. User's name, address, and location of discharge (if different from the address); b. The real property owner's, name and address. 2. * * * 3. Wastewater quantity and quality. Quality' characteristics include, but are not limited to, those mentioned in Sections 17.36.060 through 17.36.090'of this title, or successor sections, as determined by a POTW Director approved analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(h) of The Act and contained in 40 CFR, Part 136, as amended; 4. through 7. * * * 8. Where known, the quantity and specific nature of any pollutants in the discharge which are limited by POTW, State or Federal 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 (0&M) and/or additional pretreatment is required for the User to meet applicable Pretreatment Standards; 9. * * * a. and b. * * * 39 c.. Not later than fourteen days following each date in the schedule and the final date for compliance, the User shall submit a progress report to the Director including, as a minimum, whether or not the User complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the User to return the construction to the schedule established. 10. * * * C. After evaluation and acceptance of the date furnished, the POTW may issue a wastewater discharge permit. The User may then connect to the POTW in accordance with provisions of Division II of this Title. 17.52.040 Permit --Conditions applicable. * * * A. through I. * * * J. Requirements for separate systems to handle sanitary and industrial wastewater, such that in the event that the User's industrial wastewater is or could cause an interference or a potential interference with the POTW, that the industrial wastewater could be severed, preventing discharge into the POTW and still allowing the User's sanitary wastewatei to discharge into the POTW; 40 K. Accidental Discharges. Each industrial User shall provide protection from accidental discharge to the POTW of prohibited materials or other substances regulated herein. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the industrial User's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the POTW for review, and shall be approved by the POTW before construction of the facility. No industrial User who commences discharge to the POTW after the effective date of the ordinance codified in Division II of this title shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the POTW. Review and approval of such plans and operating procedures shall not relieve the industrial User from the responsibility to modify the industrial user's facility as necessary to meet the requirements hereof. In the case of an accidental discharge, it is the responsibility of the industrial User to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions. 1. Written Notice. Within five days following an accidental discharge, the industrial User shall submit to the Director a detailed written report describing the cause of the discharge and the measures to be taken by the industrial User to prevent similar future occurrences. 41 Such notification shall not relieve 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 industrial User of any fines, civil penalties or other liability which may be imposed by this article or other applicable law, 2. * * * L. Other conditions as deemed appropriate by the POTW. M. Production rates where mass discharge limits are required. 17.52.050 Permit --Duration. A wastewater discharge permit for each residential User shall remain in effect until terminated by the POTW. All other permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year, or may be stated to expire on a specified date. Any permit may be canceled or terminated for failure to comply with the requirements of this chapter. 17.52.060 Permit --Modifications and revisions. A. Upon promulgation of a national categorical pretreatment standard within the time prescribed thereby the wastewater discharge permit of Users subject to such standards shall be revised to require compliance therewith. B. Where a User subject to•a national categorical pretreatment standard has not previously submitted an application for a wastewater discharge permit, the User shall apply for a 42 wastewater discharge permit within thirty days after notice of the enactment of the applicable national categorical pretreatment standard. C. The User with an existing wastewater discharge permit shall submit to the Director within thirty days after such notice, the information required by subsections B.8. and B.9. of Section 17.52.030, or its successor. D. In addition to the foregoing, the terms and conditions of the permit shall be subject to modification by the POTW during the permit as limitations or requirements are modified or other just cause exists. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance, as determined by the Director. 17.52.070 Permit --Transfer prohibited. * * * 17.52.080 Reporting requirements for permittees. A. Compliance Date Report. the date for final compliance with standards, or in the case of a new Within ninety days following applicable pretreatment source, following commencement of the introduction of wastewater into the POTW, any User subject to Pretreatment standards and requirements shall submit to the Director 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, minimum and maximum daily flow and times for these process units in the User facility which are limited by the pretreatment standards or requirements. The report shall state 43 whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&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 significant industrial User, and certified to by a registered professional engineer. B. Periodic Compliance Reports. 1. Upon request of the Director, any User subject to a pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Director during the months of June and December, or as otherwise required by the Director for the respective proceeding six-month period, unless required more frequently in the pretreatment standard or by the Director, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report may . include a record of all daily flows. At _the discretion of the Director and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Director may alter the months during which the above reports are to be submitted. 2. The Director may impose mass limitations on Users where appropriate. In such cases, the report required by 44 subsection B.1. of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the User. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Director of pollutants contained therein which are limited by the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the Director. Sampling shall be performed in accordance with the techniques approved by the Director. 17.52.090 Monitoring facilities for industrial Users. A. The industrial User shall provide and operate, at its expense, monitoring facilities approved by the Director sufficient to allow inspection, sampling and flow measurement of the building sewer systems. The monitoring facilities shall be situated on the User's premises or such other location as allowed by the POTW. B. There shall be ample room in or near silch monitoring manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility shall be maintained at all times in a safe and proper operating condition at the expense of the User. C. An Industrial User may be required to provide at their expense a City approved instantaneous and totalizing approved 45 flow meter on their industrial discharges if deemed necessary by the Director. D. 17.52.100 Sampling and analysis. For purpose of determining compliance with this chapter, all measurements, tests and analysis of water and waste shall be determined in accordance with Standard Methods and/or EPA approved methods by laboratories certified for the appropriate analysis.by the Utah Department of Health. 17.52.110 Inspection --Right of entry. A. * * * B. The POTW, city, county, and state shall have the right to set upon the User's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. C. Where a User has security measures in force prior arrangements will be made with their security guards so that upon presentation of suitable identification, personnel from the POTW, city, county, state and EPA will be permitted to enter, without unreasonable delay, for the purposes of performing their responsibilities. 17.52.120 Failure to permit inspection. In the event a duly authorized officer or agent of the POTW is refused admission for any reason, the Director may causesewer service to the premises in question to be discontinued until the 46 POTW agents have been afforded reasonable access to the premises and sewer system to accomplish the inspection and/or sampling. 17.52.130 Confidential information and trade secrets. Information and data obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections or other sources shall be subject to the provisions of the Utah Government Records Access and Management Act. 17.52.140 Pretreatment requirements --Publication of enforcement actions. A. B. Any monitoring equipment and facilities required to pretreat wastewater to a level acceptable to the POTW shall be provided, operated and maintained at the User's expense. Such facilities required by the POTW may include the requirement for separate systems to handle sanitary and industrial wastewater so that both can be discharged into the POTW collection system independently of each other. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the POTW for review 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 POTW under the provisions hereof. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and reviewed by the POTW prior to the User's initiation of the changes. The POTW may establish minimum 47 monitoring and testing requirements be performed and paid for by the User in order to assure proper operation of the pretreatment equipment. The User shall maintain all pretreatment equipment in good operating condition and assure consistent operation whenever industrial waste is being introduced into the POTW. C. The POTW shall, at least once a year, publish in a newspaper of general circulation within the boundaries of the POTW, a list of the Users which were in significant noncompliance with any pretreatment requirements or standards during the fifteen previous months. All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or approval authority and to the public pursuant to City policy and the Utah Government Records Access and Management Act. 17.52.150 Contracting for administrative services. A. through D. * * * E. Enforcement action; and F. Laboratory analysis. SECTION 8. That Title 17, Division II, Wastewater Control and Sewer System, Chapter 56, of the Salt Lake City Code, relating to Mobile Home Parks, Recreation Facilities and Subdivision, be, and hereby is, amended as follows: Chapter 17.56 MOBILE HOME PARKS, RECREATION FACILITIES AND SUBDIVISIONS Sections: 17.56.010 Sewage facilities --Approval prerequisite to recordation. 48 17.56.020 Design, construction and maintenance of facilities 17.56.030 Connection to POTW system permitted when. 1756.040 New construction. 17.56.010 17.56.020 17.56.040 Sewage facilities --Approval prerequisite to recordation. Design, construction and maintenance of facilities. * * * New Construction. Contracts for any new sewer construction must be made with the City and all applicable fees paid to the City prior to the commencement of any construction. SECTION 9. That Title 17, Division II, Wastewater Control and Sewer System, Chapter 60, of the Salt Lake City Code, relating to Pumping Stations, be, and hereby is, amended as follows: Chapter 17.60 PUMPING STATIONS Sections: 17.60.010 User requiring pumping to discharge to POTW. 17.60.020 Payment for pumping station prerequisite to approval. 17.60.030 Pumping stations areas --surveys and establishment. 17.60.040 Design and construction requirements. 17.60.050 Cost of construction --Computing and allocation. 17.60.060 Cost of Construction --Payment methods. 17.60.070 Pumping stations are property of POTW. 17.60.010 Users requiring pump to discharge to POTW. Whenever any User makes application for any permits, approvals subdivision, zoning or any other actions relating to property situated in areas either within or outside of the POTW which, when connected to the POTW's sewer collection or disposal 49 system, will require the sewage to be pumped into the POTW system, the User thereof shall be required to pay the POTW all the costs of the installation pumping station in the manner provided in this chapter. and maintenance of'the required and in the amounts hereinafter of 17.60.020 Payment for pumping station prerequisite to approval. Notwithstanding the provisions of any other ordinance or regulation of the POTW now or hereafter enacted, the officers and personnel of the POTW dealing with the applications referred to in Section 17.60.010, or its successor, are directed and authorized to withhold granting of the requested applications pending payment of entry by the applicant into an agreement whereby payments will be made to the POTW in reimbursement for the costs of such pumping stations. The officers and employees of the POTW are directed and authorized to refuse to furnish sewer services to the Users until the agreements are fully consummated and there has been reimbursement and payment for all services and fees due and owing thereunder. 17.60.030 Pumping stations areas --Surveys and establishment. 17.60.040 Design and construction requirements. * * * * * * 17.60.050 Costs of construction --Computing and allocation. A. through B. * * * • C. The foregoing method of allocation of costs may be varied by action of the POTW when, in its judgment, it finds that 50 unusual topography or other physical circumstances or the contemplated use or uses require a different method of allocating costs. If the, pumping station is constructed prior to the filing of an application by a landowner or User, the costs of construction will be the actual costs expended as above described. D. If the pumping station has been constructed at the time the application is filed, then costs shall be the costs estimated by the Director or which may be computed based upon contracts let to contractors or subcontractors to perform the construction. The estimated costs shall be used as the basis for establishing the amount of any payments required in advance until such time as construction is completed and actual costs are determined, at which time the costs shall be recomputed and allocated based upon the actual costs. E. Cost of operation and maintenance, as determined by the Director, may be allocated among the Users of the sewage pumping service area. 17.60.060 Costs of construction --Payment methods. At the time an application is made to the POTW, the POTW shall require the applicant to enter into an agreement with the POTW whereby the applicant will pay his/her share of the sewage pumping station construction costs at such time or times fixed by the POTW. The agreement may require the applicant User to pay a lump sum in cash, or contribution of the facility or may provide frequency as may be determined will best fit the needs of the 51 POTW. The agreement shall provide, in the event the applicant User fails to make the payments, as provided, the POTW may refuse to provide services until such time as payment has been made. 17.60.070. Pumping stations are property of POTW. * * * SECTION 10. That Title 17, Division II, Wastewater Control and Sewer System, Chapter 64, of the Salt Lake City Code, relating to Fees and Charges, be, and hereby is, amended as follows: Chapter 17.64 FEES AND CHARGES Sections: 17.64.010 Payment responsibility --Basis and purpose of charges. 17.64.020 Fees and charges --Schedules 1 and 2. 17.64.030 Classification of Users. 17.64.040 Authority to adopt fees. 17.64.050 Annual review of each User's service charge. 17.64.060 Annual review of each User's service charge. 17.64.070 Combination billings. 17.64 080 Charges for discontinuing or restoring service. 17.64.090 Toxic pollutants or damage to facilities -- Payment of costs. 17.64.100 Responsibility for charges. 17.64.110 Billing procedures and rates. 17.64.120 Collection of costs --Partial payments. 17.64.130 Delinquent payments --Recovery by civil action Service termination. 17.64.140 Delinquent payments --Tax lien authority. 17.64.150 Restoration of service --Conditions. 17.64.010 Payment responsibility --Basis and purpose of charges. A. Each User shall pay all fees and charges required by the POTW. Appropriate surcharges will be imposed. It is the purpose of this chapter to provide for the payment of all POTW costs, maintenance and operation from the Users. The total 52 annual cost of equipment replacement, maintenance, necessary modifications, power, sampling, laboratory tests, and a reasonable contingency fund. The charges will be based upon the quality and quantity of User's wastewater, and also upon the POTW's capital and operating costs to intercept, treat and dispose of wastewater. B. The applicable charges shall be set forth in a schedule of rates for the POTW. The schedule of rates and charges shall be adjusted from time to time by the POTW, which shall be prior approved by the city public utilities advisory board and council to equitably apportion such costs, among the Users of the POTW. 17.64.020 Fees and charges Schedules 1 and 2. A. The POTW's fees and charges are set forth in Schedule 3, Rates and Fees, set out in Section 17.72.030 which may be amended from time to time. B. 1. Sewer connections fees in an amount equal to the City's water reservoir fee for service within the city only to subsidized elderly, homeless or underprivileged housing where said housing is being provided by and a waiver is applied therefor by the federal, Utah state, city and county governments or their agencies and nonprofit corporations. 17.64.030 Classification of Users. The Users of the POTW may be divided into various 53 classifications, including but not limited to single dwelling units, duplexes, multiple dwelling units and nonresidential. Further classifications may be established by the POTW for each nonresidential User class. 17.64.040 Authority to adopt fees. The POTW may adopt fees which may include, but are not to be limited to, the following: A. through D. E. Fees for industrial waste permit; F. Fees for filing appeals; G. Fees for treatment of excessive compatible pollutants. H. through K. * * * L. Fees for non-compliance. M. Other fees as the POTW may deem necessary to carry out the requirements contained herein. 17.64.050 Annual review of each User's service charge. The POTW shall, at least annually, review the total cost of operation and maintenance, as well as each User's discharge, and will revise charges as necessary to assure equity and sufficient funds to adequately operate and maintain the POTW. If a significant industrial User has completed in -plant modifications which would change that User's discharge, the User can present at a regularly scheduled meeting of the governing body such factual information, and the POTW shall determine if the User's charge is to be changed. 54 17.64.060 Annual notification of rates and charges. Each User will be notified, at least annually, in conjunction with a regular bill, of the rate and that portion of the User charges which are attributable to wastewater treatment services. 17.64.070 Combination billings. * * * 17.64.080 Charges for discontinuing or restoring services. * * * 17.64.090 Toxic pollutants or damage to facilities --Payment of costs. When a User's discharge causes an obstruction or damages the POTW or when because of the nature of the discharge, increases the costs of maintaining the POTW system or managing the effluent or the sludge of the POTW, the User shall pay for the cost. In addition to remunerative charges, discharges in violation of this ordinance will leave the discharger liable to additional fines and penalties. Injunctive relief may be sought through the courts, and criminal penalties of up to five thousand dollars per day or more may be imposed. 17.64.100 Responsibility for charges. All fees and charges made for any sewer services shall be chargeable against and payable by the tenant and/or User of the premises connected or to be connected with the sewer. 17.64.110 Billing procedures and rates. The City shall cause billings for wastewater treatment 55 charges, and/or water, to be rendered periodically at rates established as per Schedule 3, Rates and Fees as amended, as set out in Section 17.72.030 of this title, or its successors. 17.65.120 Collection of costs --Partial payments. * * * 17.64.130 Delinquent payments --Recovery by civil action -- Service termination. * * * 17.64.140 Delinquent payments --Tax lien authority. * * * 17.64.150 Restoration of service --Conditions. * * * SECTION 11. That Title 17, Division II, Wastewater Control and Sewer System, Chapter 68, of the Salt Lake City Code, relating to Enforcement and Penalties, be, and hereby is, amended as follows: Chapter 17.68 ENFORCEMENT AND PENALTIES Sections: 17.68.010 Enforcement authority. 17.68.020 Notice of violation. 17.68.030 Methods of notification. 17.68.040 Emergency suspension of service and permit. 17.68.050 Permit revocation authorized when. 17.68.060 Termination of service. 17.68.070 Falsifying information. 17.68.080 Violation --Civil liability for expenses. 17.68.090 Violation --Administrative remedies. 17.68.100 Appeal procedures. 17.68.110 Legal action authorized when. 17.68.120 Civil fine pass -through. 17.68.130 Criminal penalty and fines. 17.68.140 Additional penalties for violations. 17.68.010 Enforcement authority. 17.68.020 Notice of violation. Whenever the POTW finds that any User has violated or is violating its wastewater discharge permit, or any prohibition, 56 * * * limitation or requirement contain in Division II of this title, the POTW shall initiate a response as directed by the City's Enforcement Document by serving upon such User a written notice stating the nature of the violation, which may include a cease and desist order and or fees. 17.68.030 Methods of notification. * * * 17.68.040 Emergency suspension of service and permit. A. The POTW may, without notice or hearing, suspend the wastewater treatment service and/or a wastewater discharge permit when such suspension is necessary, in the opinion of the Director of the POTW, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment or damage to the health or welfare of persons, the environment or the POTW, or causes or will cause the POTW to violate any condition of its NPDES permit. The Director may, in written form only, authorize a limited discharge which shall not violate any of the foregoing, for a period not to exceed ninety (90) calendar days. B. Any person notified of suspension of the wastewater treatment service and/or the wastewater discharge permit shall immediately stop or eliminate the discharge. In the event of a failure of the User to comply voluntarily with the suspension order, the POTW shall take such steps as deemed necessary, including immediate severance of the sewer connedtion, to prevent or minimize damage to the POTW system or endangerment to any 57 individuals. The User shall pay all POTW costs and expenses related to any such suspension and restoration of service. C. The POTW may reinstate the Wastewater Discharge Permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. D. 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 POTW within five days of the date of occurrence. 17.68.050 Permit revocation authorized when. Any User who violates the following conditions hereof, or applicable state and federal regulations, is subject to having such User's permit revoked: A. Failure of a User to factually report the wastewater constituents and characteristics of its discharge; B. Failure of the User to report significant changes in its operations, or wastewater constituents and characteristics; C. Refusal of reasonable access to the User's premises for the purpose of inspection or monitoring; D. and E. * * * 17.68.060 Termination of service. The POTW may terminate or cause to be terminated sewage treatment service to any User for a violation of any provision herein. 17.68.070 Falsifying information. Any User who knowingly makes false statements, 58 representations or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant hereto, or wastewater discharge permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required herein shall be guilty of a misdemeanor. 17.68.080 Violation --Civil liability for expenses. Any User or other person violating the provisions herein shall be liable for any expense, loss or damage caused the POTW by reason of such violation, including the increased costs, if any, for managing effluent or sludge, when such increases are the result of the User's discharge. The Director may add such charges to Users treatment charge. 17.68.090 Violation --Administrative remedies. A. Show Cause Hearing. The POTW may order any User to show cause before the POTW governing authority why its enforcement action should not be taken. A notice shall be served on the User specifying the time and place of a hearing to be held by the POTW governing authority regarding the violation, the reasons why the action is to be or was taken, the enforcement action, and directing the User to show cause before the POTW governing authority why the enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail at least ten days before the hearing. B. * * * 59 C. 1. through 3. * * * * * * D. Cease and Desist Orders. After the POTW governing authority has reviewed the evidence, it may issue an order of cease and desist to the User responsible for the discharge directing that, following a specific time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed on existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives are as necessary and appropriate may be issued. E. Referral for State Action. 17.68.100 Appeal procedures. A. Any permit applicant, permit holder or other User affected by any decision, action or determination, including cease and desist orders, made by the POTW interpreting or implementing the provisions of Division II of this title, or any permit issued hereunder, may file with the Director a written request for reconsideration within ten (10) days of such decision, action or determination, setting forth in detail the facts supporting the request. The Director shall hold a hearing on the request. The request for reconsideration shall be acted upon by the Director within ten (10) days from the date of filing of the close of the reconsideration hearing. The decision, action or determination shall remain in effect during such period of review by the Director. 60 * * * B. If the decision of the Director is unsatisfactory to the person appearing, such person may file a written appeal to the POTW governing authority within ten (10) days after receipt of the decision. The POTW governing authority shall hear the appeal and shall take final action. The determination of the Director shall remain in effect during such period of review by the POTW governing authority. The decisions of the POTW governing authority shall be binding on all entities and the User until and unless ruled otherwise by an appropriate court. 17.68.110 Legal action authorized when. * * * 17.68.120 Civil fine pass -through. In the event that a User discharges such pollutants which cause the POTW to violate any condition of its NPDES permit and the POTW is fined by EPA or the state for such violation, then such User shall be fully liable for the total amount of the fine assessed against the POTW by EPA or the state. 17.68.130 Criminal penalty fines. Any User or other person who wilfully or negligently violates the provisions of this title shall be guilty of a misdemeanor. Each day during which any such violation shall continue shall be deemed a separate offense. 17.68.140 Additional penalties for violations. In addition to the penalties provided herein, the POTW may recover reasonable attorney's fees, court costs, court. reporters' fees, and other city overhead and expenses of litigation by appropriate legal action against the User found to have violated 61 any, provision of Division II of this Title 17, or the orders, rules, regulations and permits issued hereunder. The attorney for the POTW, upon request of the POTW governing authority, shall petition the district court to impose, assess and recover such amounts. SECTION 12. That Title 17, Division II, Wastewater Control and Sewer System, Chapter 72, of the Salt Lake City Code, relating to Schedules, be, and hereby is, amended as follows: Chapter 17.72 SCHEDULES Sections: 17.72.010 Schedule 1. Toxics. 17.72.020 Schedule 2. Local Limits. 17.72.030 Schedule 3. Rates and fees. 17.72.010 Schedule 1. Toxics. SCHEDULE 1 TOXICS 1. Acenaphthene 2. Acrolein 3. Acrylonitrite 4. Benzene 5. Benzidine 6. Carbon Tetrachloride 7. Chlorobenzene 8. 1,2,4 Trichorobenzine 9. Hexachlorobenzene 10. 1,2 dichloroethane 11. 1,1,1 trichloroethane 12. Heaxachloroethane 13. 1,1 dichloroethane 14. 1,1,2 trichloroethane 15. 1,1,2,2 tetrachloroethane 16. Chloroethane 17. bis (2 chloroethyl) ether 18. 2 chloroethyl vinyl ether (mixed) 19. 2 chloronaphthalene 20. 2,4,6 trichlorophenol 62 21. Parachlorometa cresol 22. Chloroform (trichloromethane) 23. 2 chlorophenol 24. 1,2 dichlorobenzene 25. 1,3 dichlorobenzene 26. 1,4 dichlorobenzene 27. 3,3 dichlorbenzidine 28. 1,1 dichloroethlene 29. 1,2 trans-dichloroethylene 30. 2,4 dichlorophenol 31. 1,2 dichloropropane 32. 2,4 dimethylphenol 33. 2,4 dinitrotoluene 34. 2,6 dinitrotoluene 35. 1,2 diphenylhydrazine 36. ethylbenzene 37. fluoranthene 38. 4 chlorophenyl phenyl ether 39. 4 bromophenyl phenyl ether 40. bis(2-chloroisopropyl ether 41. bis(2-chloroethoxy) methane 42. methylene chloride (dichloromethane) 43. methyl chloride (chloromethane) 44. methyl bromide (bromomethane) 45. Bromoform (tribromomethane) 46. dichlorobromomethane 47. chlorodibromomethane 48. Hexachlorobutadiene 49. Hexachlorocyclopentadiene 50. Isophorone 51. Naphthalene 52. Nitrobenzene 53. 2 nitrophenol 54. 4 nitrophenol 55. 2,4 dinitrophenol 56. 4,6 dinitro-o-cresol 57. N-nitrosodimethylamine 58. N-nitrosodiphenylamine 59. N-nitros.odionpropylamine 60. Pentachlorophenol 61. phenol 62. bis (2-ethylhexyl) phthalate 63. Butyl benzyl phthalate 64. Di-n-butyl phthalate 65. Di-n-octyl phthalate 66. dimethyl phthalate 67. dimethyl phthalate 68. Benzo(a)anthracene (1,2 benzanthracene) 69. Benzo(a)pyrene (3,4 benzo-pyrene) 70. 3,4 .Benzofluoranthene 63 (benzo(b)fluoranthene) 71. Benzol(k)flouranthene (11,12 benzofluoranthene) 72. Chrysene 73. Acenaphthylene 74. Anthracene 75. Benzo (qhi) perylene (1,12 benzoperylene). 76. Florene 77. Phenanthrene 78. Dibenzo (ah) anthracene (1,2,5,6 dibenzanthracene) 79. Indeno (1,2,3-cd)pyrene (2,3-0 phenylenepyrene 80. Pyrene 81. Tetrachloroethylene 82. Toluene 83. Trichloroethylene 84. Vinyl chloride •(chloroethylene) 85. Aldrin 86. Dieldrin 87. Chlordane (technical mixture & metabolites) 88. 4.4 DDT 89. 4,4 DDE (p,p DDX) 90. 4,4 DDD (p,p TDE) 91. Alpha Endosulfan 92. Beta Endosulfan 93. Endosulfan sulfate 94. Endrin 95. Endrin Aldehyde 96. Heptachlor 97. Heptachlor Epoxcide (BHC hexachlorocyclohexane) 98. Alpha-BHC 99. Beta-BHC 100. Gamma-BHC (indane) 101. Delta-BHC (PCB Polychlorinated biphenyl) 102. PCB-1242 (Arochlor 1242) 103. PCB-1254 (Arochlor 1254) 104. PCB-1221 (Arochlor 1221) 105. PCB-1232 (Arochlor 1232) 106. PCB-1248 (Arochlor 1248) 107. PCB-1260 (Arochlor 1260) 108. PCB-1016 (Arochlor 1016) 109. Toxaphene 110. Antimony (total) 111. Arsenic (total) 112. Asbestos (total) 113. Beryllium (total) 114. Cadmium (total) 115. Chromium'(total) 116. Copper (total) 117. Cyanide (total) 64 118. 119. 120. 121. 122. 123. 124. Lead (total) Mercury (total) Nickel (total) Selenium (total) Silver (total) Thallium (total) Zinc (total) 17.72.020 Schedule 2. Local Limits. SCHEDULE 2 LOCAL LIMITS A. Except as otherwise authorized herein, no.User shall discharge wastewater to the POTW in concentrations in excess of the following local limits: Parameter Limits 1. Total oil and grease, O&G 500 mg/1 2. pH 6.0-9.5 B. Users discharging wastewater with concentrations in excess of the concentrations listed below shall be subject to a surcharge in the amount also listed below. The volume of wastewater used to compute the surcharge shall be based upon the volume of wastewater used to compute the regular sewer User fee. Parameter Surcharge Threshold Surcharge (mg/1) ($/lb) 1. BOD 200 mg/1 0.050 2. TSS 250 mg/1 0.050 3. O&G 100 mg/1 0.030 17.72.030 Schedule 3. Rates and fees. SCHEDULE 3 RATES AND FEES 1. and 2. * * * (a) through (c) * * * 65 (d) Service Charge. The basic assessment levied on all Users of the public sewer system whose wastes do not exceed in strength the concentration values established as representative of normal sewage. (e) through (g) * * * (h) Service to Multiple Buildings. Sewer service to multiple buildings shall be governed the same as section 17.16.200. 3. Sewer Charge. (a) User Service Rate. Each sewer service account shall be charged $3.15 per month minimum charge for up to 300 cubic feet of water, or $.80 per 100 cubic feet, as determined by city through the water meter, of the average monthly water meter readings of those using solely city water during the consecutive months of November, December, January, February and March each year, hereafter "winter readings", whichever is higher. Said winter readings shall be the basis for sewer billings for the period July 1st through June 30th following such winter readings. Any User who had more than one water meter, one or more of which measures water eventually discharged into the sewer, and one or more other meters measuring water not entering the sewer, will be charged $.80 per 100 cubic feet for all water used which may enter the sewer, but will not be assessed a sewer charge on water meter(s) which measure water no part of which flows into the sewer system. 66 For those not using city water or using come city water the city may require a city -approved meter, at the sewer User's expense, on the well(s) or other soutce(s) of water supply, for measurement by city during said months to determine the sewer User's water use during said months, the average of which shall become the basis for sewer billings for said period. For each single dwelling unit not using city water and desiring not to install a water meter as required above, the Director may waive the meter requirement, in which event the User will be charged for sewer service as provided in Subparagraph (5)(a) hereof. (b) User Service Rate No. 2. Whenever an industrial User is found to be violating the discharge'limits and/or requirements set forth in the Industrial Users Wastewater Discharge Permit and/or applicable provisions of City ordinance; in addition to any other options the City may have at law, such User shall be subject to a higher service charge than that stated in subsection (a) above. Such rates shall be calculated as follows: (1) 1.35 times the service charge in paragraph C.1. above for a minimum of one billing cycle, effective immediately, or thereafter until the industrial User corrects the violation. In no event shall any of the options in this subsection exceed six billing cycles duration. 67 (2) When industrial. User rate No. 2 shall apply: (i) After any violation of the discharge permit limits and/or requirements set forth in city ordinances- Samples in violation of said discharge permit may be repeated with sampling and analysis to document validity of the initial results. If the follow up sampling and testing confirms the noncompliance, industrial User rate No. 2 will be in effect from the time of the first analysis. (ii) When reports required by said permit are past due thirty days, including compliance reports, to certifications, in-house monitoring reports, etc. (iii) When a spill or slug discharge occurs and an acceptable written explanation from the User is not received by the City within five days with detailed procedures for prevention of reoccurrence. (c) User Service Rate No. 3. 1.50 times the service charge in paragraph 3(b) above until compliance with said permit has been achieved as demonstrated by three consecutive months in total compliance with the provisions of said permit and applicable City ordinances. The City will determine analysis procedures and testing frequency during the entire period. 68 (1) When industrial User rate No. 3 shall apply: (i) When the industrial User. has been under rate No. 2 for six billing cycles and continues to be in noncompliance with any permit requirement. (ii) When violations exceed the TRC and/or can or does cause immediate harm to human health, the environment, or the city sewerage. TRC shall be defined as any industrial User whose results exceed any amount over the allowable applicable ordinance and permit limit more than 66 2/3% of the time during a six month period, or exceeds the limit by 20% more than 33 1/3% of the time during a six month period. (iii) An industrial User's failure to submit a required compliance schedule acceptable to the city. (iv) An industrial User's failure to comply with any part of a compliance schedule without notification and City authorization or in direct defiance of the schedule, or failure to report on the compliance schedule progress ds required. 4. Metering of Sewage Flows. Meters will be allowed in sewer lines when the User is permitted or required by the Director to have the sewage flow subject to the following requirements: (a) * * * 69 (b) The User will furnish, install and maintain at User's expense a meter pursuant to the citys standards and specifications. 5. (a) through (d) * * * (e) For all other Users, a minimum charge of six. dollars and forty cents per month or fifty cents per one hundred cubic feet of total water consumption, whichever is highest. 6. Sewer Charge Adjustment. (a) The Director may provide for adjustments as needed to ensure equitable sewer charges. Such adjustments may be made where excessive quantities of culinary,water pass through the water meter, but are consumed on the premises and do not enter the sewer system. In each such instance, the User will have the burden of providing evidence of such inequities by showing that the quantity of water not entering the sewer; but passing through the meter, exceeds twenty percent of the total flow in order to merit such consideration by the Director. Each such adjustment proposed to be made by the Director shall be submitted to the department of public utilities advisory committee for ratification. If said committee does not act upon the adjustment for thirty (30) days, it shall automatically be deemed approved at the end of said period. If said adjustment is disapproved, the director may submit the 70 matter to the mayor or his/her designee, whose decision will be final. (b) Additionally, the Director or his authorized representative may make adjustments under the following condition due to faulty inside plumbing. All adjusting will be determined by prior usage. When the charge is not based on preceding usage and has not been established on winter average the charge will be determined as outlined in Section 17.72.030 or its successor. (1) When defective plumbing has caused the average winter water consumption to exceed the previous year's average by twenty-five percent or more, there may be an adjustment made based on prior usage. The customer must provide to the Director evidence that plumbing repairs were made within thirty days of notification from the city. The verification must include a plumber's invoice for repairs completed, including the dates of final repair. (2) When the repairs are accomplished by the customer rather than by a plumber, dated receipts for supplies purchased must be submitted together with a letter to the Director. (3) When neither a plumber's invoice nor receipts for supplies are available, the customer must provide an affidavit, in letter form, outlining the repairs made, who made them, and when they were completed. The 71 subsequent metered water consumption must show a significant reduction in usage for an adjustment to be made. (4) In the event of a customer's unexplainable large increase in water consumption during the months of November through March of any year, the Director or his/her authorized representative may make adjustments to any account when there has been a twenty-five percent increase or more in usage during the said winter months. Any adjustment may be made only after an in-depth review of the account has been completed, and based solely on the merits of each individual request, and the circumstances surrounding the request. (5) The Director may make adjustments to the account of a single family residence if the User or User's tenant who has also signed the Agreement for water service has temporary additional (two or more) people living at the residence during all or part of the "winter meter readings" period and it has caused the average winter water consumption to exceed the previous years' average by twenty five percent or more. Such adjustment may be 'made by using the following guidelines: (i) For one month or less, no adjustment will be allowed. 72 (ii) For more than one month to twelve months, the charge will be based on the new average winter water use for the number of months said additional people were in the residence. (iii) For all months following the period when said additional people are not in said residence, the 'charge will be based upon the previous years' established average use, or the fee shall be as outlined in Section 17.72.030, subparagraph 5, or its successor. (6) All adjustments will be determined by the sewer charge of the preceding year. When the charge for the preceding year is not established on winter average, the charge will be determined as outlined in Section 17.72.030.6, or its successor. SEWER SERVICE FEES Effective September 15, 1993 the Director shall charge and the city treasurer shall collect the following fees. 1. through 5. * * * 6. The charge for installation of sewer special wyes shall be determined by the Director which cannot exceed the city's actual cost plus reasonable overhead. 7. New industrial wastewater $100.00 discharge permit 8. Industrial wastewater discharge $50.00 permit renewal 9. * * * 73 10. Connection fees on new development property: (a) * * * (b) Multifamily dwellings: i., ii. and iii. * * * (c) Hotels and Motels: i. through iii. * * * (d) through (g) * * * 11. Connection fees on property with prior development. (a) When a residential building is demolished, there is no new sewer connection fee for the property when residential use or building type is same as prior to demolition. After five years from date of demolition no credit will be given for prior sewer connection fees. After five years from demolition the property owner will be required to pay all connection fees. (b) When a commercial building such as a hotel, motel, industrial building, etc. is demolished the sewer fee shall be based and charged on new additional use pursuant to the applicable provisions of subdivision 10(c), (d), (e), and (f) herein. After five years from date of demolition no credit will be given for prior sewer connection fees. After five years from demolition the property owner will be required to pay all connection fees required by the City. 12. Temporary sewer connections may only be made by approval of the Director. Temporary connections cannot exceed twenty-four months. The fee for each temporary connection shall 74 be One Hundred Dollars. All other applicable fees will be effective for temporary connections. PERMIT FEES * * * ASSESSMENT FEES * * * 6 SECTION 13. EFFECTIVE DATE. This ordinance shall become effective on the date of its first publication and shall be recorded with .the Salt Lake County Recorder. Passed by the City Council of Salt Lake City, Utah, this 18th day of May , 1993. ATTEST: L.th DEPLJ ITY R ORDER Transmitted to the Mayor on Mayor's Action: May 18, 1993 g Approved MAYOR 75 • Vetoed. (SEAL) Bill No. 6 Published: RLM:rc of 1993. May 26, 1993 N:\ATTY\ORDINA92\WASTE-WO.RLM • 76