068 of 2011 - Waste water pretreatment (amending 17.32, 17.36, 17.52, 17.68 & 17.69) 0 11-1
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Salt Lake City Ordinance
No. 68 of 2011
(Amending Chapters 17.32,17.36,17.52,17.68 and 17.69,
relating to waste water pretreatment)
An ordinance amending certain provisions of Chapters 17.32, 17.36, 17.52, 17.68 and
17.69,Salt Lake City Code,relating to waste water pretreatment.
Be it ordained by the City Council of Salt Lake City,Utah:
SECTION 1.Chapter 17.32 of Salt Lake City Code is hereby amended to read as follows:
Article I.General Provisions
17.32.010:SHORT TITLE:
This division shall be known as,and references in this division to"thus chapter"shall be deemed
to refer to,the SALT LAKE CITY WASTEWATER CONTROL ORDINANCE. The Chapters
within the Salt Lake City Code that specifically refer to the Industrial Pretreatment Program are
17.32,17.36,17.52,17,68 and 17.69. (Ord.72-98§1,1998:Ord.36-93§2,1993:prior code
§37-1-1)
17.32.020: PURPOSE OF PROVISIONS:
A. It is necessary for the health,safety and welfare of the residents of the POTW to regulate the
collection of wastewater and treatment thereof to provide for maximum public benefit. The
provisions set forth in this division are uniform requirements for direct and indirect
contributors into the wastewater collection and treatment system for the POTW,and enable
the POTW to comply with all applicable local,state and federal laws.
B. The objectives are:
1. To prevent the introduction of pollutants into the POTW which will interfere with the
operation of the POTW or contaminate the resulting sludge;
2. To prevent the introduction of pollutants into the POTW which will Pass Through the
POTW,inadequately treated,into receiving waters or the atmosphere,or otherwise be
incompatible with the POTW;
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3. To protect both Publicly Owned Treatment Works personnel who may be affected by
wastewater and sludge in the course of their employment and the general public;
4. To improve the opportunity to recycle and reclaim wastewaters and sludges from the
POTW;
5. To provide for equitable distribution among Users of the cost and operation of the POTW;
6. To provide for and promote the general health,safety and welfare of the citizens residing
within the POTW;and
7. To enable the City to comply with its UPDES permit conditions,sludge use and disposal
requirements,and any other Federal or State laws to which the POTW is subject.
C. The provisions herein provide for the regulation of direct and indirect contributors to the
POTW through the issuance of permits and through enforcement of general requirements for
all Users,authorize monitoring and enforcement activities,require User reporting,asstune
that existing User's capability will not be preempted,and provide for the setting of fees for
the equitable distribution of costs resulting from the program established herein.
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 shall provide for enforcement and penalties for violations. (Ord.36-93§2,
1993:prior code§37-1-2)
17.32.030: RULES AND REGULATIONS:
The Director may,from time to time,adopt such rules,regulations and policies as shall be
reasonably necessary to implement the provisions of the Wastewater Control Ordinance and
administer the wastewater treatment program of the City. (Ord.72-98§2, 1998)
17.32.035: SEVERABILITY:
If any provision of this Wastewater Control Ordinance is invalidated by any court of competent
jurisdiction,the remaining provisions shall not be affected and shall continue in full force and
effect.
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Article II.Definitions
17.32.040: DEFINITIONS,GENERALLY:
Unless the context specifically indicates otherwise,the following terms and phrases,as used in
the Wastewater Control Ordinance,shall have the meanings hereinafter designated in this article.
(Ord.36-93§2,1993:prior code§37-1-3)
17.32.050:ABBREVIATIONS:
The following abbreviations shall have the designated meanings:
BMP: Best Management Practice ll
BOD: Biochemical oxygen demand.
CFR: f Code of federal regulations.
CIU: Categorical Industrial User
COD: Chemical oxygen demand.
cP: Centipoise=0.01 poise=cgs unit of absolute
viscosity, gm
sec x cm
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EPA: The United States Environmental Protection Agency or its successors.
1: Liter.
mg: Milligrams.
mg/I: Milligrams per liter.
POTW: Publicly Owned Treatment Works.
SIC: Standard industrial classification.
SIU: Significant Industrial User
SNC Significant Noncompliance
SWDA: Solid waste disposal act,42 USC 6901 et seq.,or its successor.
TRC: Technical review criteria.
TSS: Total suspended solids.
UPDES: (Utah pollutant discharge elimination system.
USC: f United States Code.
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(Ord.36-93§2,1993:prior code§37-1-4)
17.32.060: ACT OR THE ACT:
"Act"or"the act"means the Federal Water Pollution Control Act,PL 92-500,also known as the
Clean Water Act,as amended,33 USC section 1251 et seq. (Ord.36-93§2,1993:prior code
§37-1-3(1))
17.32.070: APPROVAL AUTHORITY:
"Approval Authority"means the State of Utah's Department of Environmental Quality,Division
of Water Quality(DWQ)or its successor agencies. (Ord.36-93§2, 1993: prior code§37-1-
3(2))
17.32.080: AUTHORIZED OR DULY AUTHORIZED REPRESENTATIVE OF THE
INDUSTRIAL USER:
A. If the User is a corporation:
1. The president,secretary,treasurer,or a vice-president of the corporation in charge of a
principal business function,or any other person who performs similar policy or
decision-making functions for the corporation;or
2. The manager of one or more manufacturing,production,or operating facilities,provided
the manager is authorized to make management decisions that govern the operation of the
regulated facility including having the explicit or implicit duty of making major capital
investment recommendations,and initiate and direct other comprehensive measures to
assure long-term environmental compliance with environmental laws and regulations;
can ensure that the necessary systems are established or actions taken to gather complete
and accurate information for wastewater discharge permit requirements;and where
authority to sign documents has been assigned or delegated to the manager in accordance
with corporate procedures.
B. If the User is a partnership or sole proprietorship: a general partner or proprietor,
respectively.
C. If the User is a Federal,State,or local governmental facility: a director or highest official
appointed or designated to oversee the operation and performance of the activities of the
government facility,or their designee.
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D. The individuals described in paragraphs A through C,above,may designate a Duly
Authorized Representative if the authorization is in writing,the authorization specifies the
individual or position responsible for the overall operation of the facility from which the
discharge originates or having overall responsibility for environmental matters for the
company,and the written authorization is submitted to the Director. (Ord.36-93§2,1993:
prior code§37-1-3(3))
17.32.090: BEST MANAGEMENT PRACTICES:
"Best management practices"or BMPs means schedules of activities,prohibitions of practices,
maintenance procedures,and other management practices to implement the prohibitions listed in
section 17.36.060.A and B. BMPs include treatment requirements,operating procedures,and
practices to control plant site runoff,spillage or leaks,sludge or waste disposal,or drainage from
raw materials storage. BMPs also include alternative means(i.e.,management plans)of
complying with,or in place of certain established categorical Pretreatment Standards and
effluent limits.
17.32.100: BIOCHEMICAL OXYGEN DEMAND(BOD):
"Biochemical oxygen demand(BOD)"means the quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedures for five(5)days at twenty
degrees centigrade(20°C),usually expressed as concentration(e.g.,mg/L). Laboratory
determinations shall be made in accordance with methods set forth in 40 CFR 136 or its
successor. (Ord.36-93§2,1993:prior code§37-1-3(4))
17.32.110: BUILDING OR SEWER LATERAL:
"Building or sewer lateral"means a sewer conveying the wastewater of a User from a residence
building or other structure to a POTW sewer,including direct connections to a POTW sewer
where permitted by the POTW. A sewer lateral is a building sewer owned by the User. (Ord.
36-93§2,1993:prior code§37-1-3(5))
17.32.120: 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. (Ord.36-93§2,1993:prior code§37-1-3(6))
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17.32.130: CATEGORICAL PRETREATMENT STANDARDS OR CATEGORICAL
STANDARDS:
Categorical Pretreatment Standard or Categorical Standard means any regulation containing
pollutant discharge limits promulgated by EPA in accordance with sections 307(b)and(c)of the
Act(33 USC section 1317)that apply to a specific category of Users and that appear in 40 CFR
Chapter I,Subchapter N,Parts 405-471. (Ord.36-93§2,1993:prior code§37-1-3(7))
17.32.140: CATEGORICAL INDUSTRIAL USER(CIU):
Categorical Industrial User means an Industrial User subject to a categorical Pretreatment
Standard or categorical Standard.
17.32.150: CHEMICAL OXYGEN DEMAND(COD):
"Chemical oxygen demand(COD)"means a measure of the oxygen required to oxidize all
compounds,both organic and inorganic,in water. Laboratory determinations shall be made in
accordance with methods set forth in 40 CFR 136 or its successor.(Ord.36-93§2,1993:prior
code§37-1-3(8))
17.32.160: CHLORINE DEMAND:
"Chlorine demand"means the amount of chlorine required to produce a free chlorine residual of
0.1 mg/I 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. (Ord.36-93§2,1993:
prior code§37-1-3(9)
17.32.170: CITY:
"City"means the Salt Lake City Corporation,State of Utah.
17.32 180: COMPATIBLE POLLUTANT:
"Compatible pollutant"means biochemical oxygen demand,total suspended solids,pH and fecal
coliform bacteria,plus any additional pollutants identified in the Publicly Owned Treatment
Works'UPDES permit,where the Publicly Owned Treatment Works is designed to treat such
pollutants and,in fact,does treat such pollutants to the degree required by the POTW's UPDES
permit. (Ord.36-93§2,1993:prior code§37-1-3(10))
17.32.190: CONTROL AUTHORITY:
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"Control Authority"means Salt Lake City Corporation(Ord.36-93§2,1993:prior code§37-1-
3(13))
17.32.200: DAILY MAXIMUM:
"Daily maximum"means the arithmetic average of all effluent samples for a pollutant collected
during a calendar day
17.32.210: DAILY MAXIMUM LIMIT:
"Daily maximum limit"means the maximum allowable discharge limit of a pollutant during a
calendar day. Where daily maximum limits are expressed in units of mass,the daily discharge is
the total mass discharged over the course of the day. Where daily maximum limits are expressed
in terms of a concentration,the daily discharge is the arithmetic average measurement of the
pollutant concentration derived from all measurements taken that day.
17.32.220: DIRECTOR:
"Director"means the Director of Salt Lake City Department of Public Utilities or his or her
designated representative. (Ord.36-93§2,1993:prior code§37-1-3(27))
17.32.230: ENVIRONMENTAL PROTECTION AGENCY OR EPA:
"Environmental Protection Agency"or"EPA"means the U.S.Environmental Protection Agency,
or,where appropriate,the Regional Water Management Division Director,the Regional
Administrator,or other duly authorized official of said agency. (Ord.36-93 §2, 1993:prior code
§37-1-3(17)
17.32.240: ENFORCEMENT RESPONSE PLAN;(ERP):
"Enforcement Response Plan"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. (Ord.36-93§2,1993)
17.32.250: EXISTING SOURCE:
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"Existingsource"means anysource of discharge that is not a"New Source."
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17.32.260: FATS OILS AND GREASE:
"Fats Oils and Grease"("FOG")shall mean any fats oils or grease of animal or plant origin
having a potential to cause Interference with or obstruction to the POTW.
17.32.270: FOOD PREPARATION AND PROCESSING ESTABLISHMENTS:
"Food preparation and processing establishments"means establishments engaged in the
preparation of food or drink to be consumed on the premises and/or to be delivered or picked up
for resale and/or consumption. (Ord.36-93§2,1993:prior code§37-1-3(18))
17.32.280: GARBAGE:
"Garbage"means solid wastes from the preparation,cooking and dispensing of food,and from
handling,storage and sale of produce. (Ord.36-93§2,1993:prior code§37-1-3(19)
17.32.290: GRAB SAMPLE:
"Grab sample"means a sample which is taken from a waste stream on a one-time basis with no
regard to the flow in the waste stream and over a period of time not to exceed fifteen(15)
minutes. (Ord.36-93§2,1993:prior code§37-1-3(20))
17.32.300: HAZARDOUS WASTE:
"Hazardous waste"means any material having the characteristics identified under or listed
pursuant to section 3001 of RCRA and listed in 40 CFR 261;
17.32.310: INCOMPATIBLE POLLUTANT:
"Incompatible pollutant"means all pollutants other than compatible pollutants as defined in
section 17.32.180,or its successor. (Ord.36-93§2,1993:prior code§37-1-3(22))
17.32.320: INDIRECT DISCHARGE:
"Indirect discharge"means the introduction of pollutants into a POTW from any non-domestic
source which is regulated under section 307(b),(c)or(d)of the Act(including septic tank waste
discharged into the POTW). (Ord.36-93§2,1993:prior code§37-1-3(23))
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17.32.330: INDUSTRIAL USER OR USER:
"Industrial User or User"means a source of indirect discharge. (Ord.36-93 §2,1993:prior code
§37-1-3(24))
17.32.340: INDUSTRIAL WASTE:
"Industrial waste"means solid,liquid or gaseous wastes,including cooling water(except where
exempted by UPDES permit),resulting from any industrial,manufacturing or business process,
or from the development,recovery or processing of a natural resource. (Ord.36-93§2,1993:
prior code§37-1-3(25))
17.32.350: INSTANTANEOUS LIMIT:
"Instantaneous limit means the maximum or minimum concentration of a pollutant allowed to be
discharged at any time,determined from the analysis of any discrete,grab,or composited sample
collected,independent of the industrial flow rate and the duration of the sampling event.
17.32.360: INTERFERENCE:
"Interference"means a discharge that,alone or in conjunction with a discharge or discharges
from other sources,either inhibits or disrupts the POTW,its treatment processes or operations or
its sludge process use or disposal and therefore is a cause of a violation of any requirement of the
POTW's UPDES permit(including an increase in the magnitude or duration of a violation)or of
the prevention of sewage sludge use or disposal in compliance with any of the following
statutory provisions and regulations or permits issued thereunder or 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 Clean Air Act;the Toxic Substances Control Act;and
the Marine Protection Research and Sanctuaries Act. (Ord.36-93 §2, 1993:prior code§37-1-
3(26))
17.32.370: LOCAL LIMIT:
"Local Limit"means specific discharge limits referred to in section 17.36.090 and developed and
enforced by the City upon industrial or commercial facilities to implement the general and
specific discharge prohibitions listed in section 17.36.060 and 40 CFR 403.5(a)(1)and(b).
17.32.380: MEDICAL WASTE:
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"Medical waste"means isolation wastes,infectious agents,human or animal blood and blood
products,pathological wastes,sharps,body parts,contaminated bedding,surgical wastes,
potentially contaminated laboratory wastes,and dialysis wastes.
17.32.390: MONTHLY AVERAGE:
"Monthly average"means the sum of all"daily discharges"measured during a calendar month
divided by the number of"daily discharges"measured during that month.
17.32.400: MONTHLY AVERAGE LIMIT:
"Monthly average limit"means the highest allowable average of"daily discharges"over a
calendar month,calculated as the sum of all"daily discharges"measured during a calendar
month divided by the number of"daily discharges"measured during that month.
17.32.410: NEW SOURCE:
"New Source"means:
A. Any building,structure,facility,or installation from which there is(or may be)a discharge of
pollutants,the construction of which commenced after the publication of proposed
Pretreatment Standards under section 307(c)of the Act that will be applicable to such source
if such standards are thereafter promulgated in accordance with that section,provided that:
1. The building,structure,facility,or installation is constructed at a site at which no other
source is located;or
2. The building,structure,facility,or installation totally replaces the process or production
equipment that causes the discharge of pollutants at an existing source;or
3. The production or wastewater generating processes of the building,structure,facility,or
installation are substantially independent of an existing source at the same site. In
determining whether these are substantially independent,factors such as the extent to
which the new facility is integrated with the existing plant,and the extent to which the
new facility is engaged in the same general type of activity as the existing source,should
be considered.
B. Construction on a site at which an existing source is located results in a modification rather
than a new source if the construction does not create a new building,structure,facility,or
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installation meeting the criteria of section A 2 or 3 above but otherwise alters,replaces,or
adds to existing process or production equipment.
C. Construction of a new source as defined under this paragraph has commenced if the owner or
operator has:
1. Begun,or caused to begin,as part of a continuous onsite construction program
a. Any placement,assembly,or installation of facilities or equipment;or
b. Significant site preparation work including clearing,excavation,or removal of
existing buildings,structures,or facilities which is necessary for the placement,
assembly,or installation of new source facilities or equipment;or
2. Entered into a binding contractual obligation for the purchase of facilities or equipment
which are intended to be used in its operation. Options to purchase or contracts which
can be terminated or modified without substantial loss,and contracts for feasibility,
engineering,and design studies do not constitute a contractual obligation under this
paragraph. (Ord.36-93§2,1993:prior code§37-1-3(30))
17.32.420: NONCONTACT COOLING WATER:
"Noncontact cooling water"means water used for cooling that does not come into direct contact
with any raw material,intermediate product,waste product,or finished product. (Ord.36-93§2,
1993:prior code§37-1-3(14))
17.32.425:OIL AND GREASE:
"Oil and Grease"means the total oil and grease measured in a wastewater sample by methods set
forth in 40 CFR 136 or its successor. Oil and Grease is composed of a mixture of all those polar
and non polar materials which are soluble in hexane at pH 2 or less,and remain after boiling off
the solvent. If an environmental sample is composed of non-polar material(such as petroleum
hydrocarbons), and polar materials (such as animal or vegetable oils and fats), EPA
Method 1664A will directly quantify all the materials as hexane extractible materials (HEM).
The silica-gel-treated-hexane extractable material (SGT-HEM) procedure of the same EPA
method will measure the non-polar material(petroleum hydrocarbons)after the polar material is
removed. The difference between the two measurements will give the amount of polar material
(animal and vegetable)present.
17.32.430: PASS-THROUGH:
"Pass-Through"means a discharge which exits the POTW into Waters of the State in quantities
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or concentrations which,alone or in conjunction with a discharge or discharges from other
sources,is a cause of a violation of any requirement of the POTW's UPDES permit,including an
increase in the magnitude or duration of the violation. (Ord.36-93§2,1993)
17.32.440: PERSON:
"Person 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. This definition includes all Federal,State,and local
governmental entities. The masculine gender shall include the feminine,and the singular shall
include the plural where indicated by context. (Ord.36-93§2,1993:prior code§37-1-3(32))
17.32.450: pH:
"pH"means a measure of the acidity or basicity of an aqueous solution,expressed in standard
units. Theoretically pH equals the negative Iogarithm(base 10)cH,where cH is the
concentration of hydrogen ions in grams per liter. Scale ranges from 0 to 14,pH 7 being neutral,
less than 7,acidic,more than 7,basic. (Ord.36-93 §2,1993:prior code§37-1-3(33))
17.32.460: POLLUTION OR POLLUTANT:
"Pollution"or"pollutant"means any dredged spoil,solid waste,incinerator residue,filter
backwash,sewage,garbage,sewage sludge,munitions,medical wastes,chemical wastes,
biological materials,radioactive materials,heat,wrecked or discarded equipment,rock,sand,
cellar dirt,industrial,municipal and agricultural wastes,and certain characteristics of wastewater
(e.g.,pH,temperature,TSS,turbidity,color,BOD,COD,toxicity,or odor)including the
manmade or man induced alteration of the chemical,physical,biological and radiological
integrity of water. (Ord.36-93§2,1993:prior code§37-1-3(34))
17.32.470: PRETREATMENT:
"Pretreatment"means the reduction of the amount of pollutants,the elimination of pollutants,or
the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or
in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or
alteration can be obtained by physical,chemical or biological processes,process changes,or by
other means,except by diluting the concentration of the pollutants unless allowed by an
applicable Pretreatment Standard. (Ord.36-93§2,1993:prior code§37-1-3(35))
17.32.480: PRETREATMENT REQUIREMENTS:
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"Pretreatment requirements"means any substantive or procedural requirement related to
pretreatment,other than a Pretreatment Standard imposed on a User. (Ord.36-93§2,1993:
prior code§37-1-3(36)
17.32.490: PRETREATMENT STANDARDS OR STANDARDS:
"Pretreatment Standard"or"Standard"means any regulation containing pollutant discharge
limits promulgated by the EPA in accordance with section 307(b)and(c)of the Act,which
applies to Industrial Users.This term includes prohibitive discharge limits established pursuant
to 40 CFR 403.5.
17.32.500: PROHIBITED DISCHARGE STANDARDS OR PROHIBITED
DISCHARGES:
"Prohibited Discharge Standards"or"prohibited discharges"means absolute prohibitions against
the discharge of certain substances;these prohibitions appear in section 17.36.060.
17.32.510: PUBLIC SEWER:
"Public sewer"shall mean any sewer dedicated to public use and which is controlled by a public
corporation or governmental agency.
17.32.520: PUBLICLY OWNED TREATMENT WORKS(POTW):
"Publicly Owned Treatment Works(POTW)"means a treatment works,as defined by section
212 of the Act(33 USC 1292),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 in the collection,storage,treatment,recycling,and
reclamation of sewage or industrial wastes of a liquid nature and any conveyances,which convey
wastewater to a treatment plant. Building and sewer lateral shall not be included in this
definition.For the purposes of the Wastewater Control 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. (Ord.36-93 §2,
1993:prior code§37-1-3(37))
17.32.530: SANITARY SEWER:
"Sanitary sewer"means the pipe or conduit system,and appurtenances,for the collection,
transportation,pumping and treatment of sewage. This definition shall also include the terms
"public sewer","sewer system",and"sewer". (Ord.36-93§2,1993:prior code§37-1-3(41))
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17.32.540: SEPTIC TANK WASTE
"Septic tank waste"means any sewage from holding tanks such as vessels,chemical toilets,
campers,trailers,airplane holding tanks and septic tanks.
17.32.550: SEWAGE:
"Sewage"means human excrement and gray water(household showers,dishwashing operations,
etc.)and any of the wastewater of the community which has been contaminated by use such that
treatment is required before it may be safely discharged to the environment or reused. (Ord.36-
93§2, 1993:prior code§37-1-3(42))
17.32.560: SHALL,WILL AND MAY:
"Shall"and"will"are mandatory;"may"is permissive. (Ord.36-93§2, 1993:prior code§37-1-
3(43)
17.32.570: SIGNIFICANT INDUSTRIAL USER,(SIU):
Except as provided in paragraphs C and D of this definition,a Significant Industrial User is:
A. An Industrial User subject to categorical Pretreatment Standards;or
B. An Industrial User that:
1. Discharges an average of twenty-five thousand(25,000)gpd or more of process
wastewater to the POTW(excluding sanitary,noncontact cooling and boiler blowdown
wastewater);
2. Contributes a process wastestream which makes up five(5)percent or more of the
average dry weather hydraulic or organic capacity of the POTW treatment plant;or
3. Is designated as such by the City on the basis that it has a reasonable potential for
adversely affecting the POTW's operation or for violating any Pretreatment Standard or
Requirement.
C. The City may determine that an Industrial User subject to categorical Pretreatment Standards
is a Non-Significant Categorical Industrial User rather than a Significant Industrial User on a
finding that the Industrial User never discharges more than 100 gallons per day(gpd)of total
categorical wastewater(excluding sanitary,non-contact cooling and boiler blowdown
wastewater,unless specifically included in the Pretreatment Standard)and the following
conditions are met:
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1. The Industrial User,prior to City's finding,has consistently complied with all applicable
categorical Pretreatment Standards and Requirements;
2. The Industrial User annually submits the certification statement required in section
17.52.210.B,together with any additional information necessary to support the
certification statement;and
3. The Industrial User never discharges any untreated concentrated wastewater.
D. Upon a finding that a User meeting the criteria in Subsection B of this part has no reasonable
potential for adversely affecting the POTW's operation or for violating any Pretreatment
Standard or Requirement,the City may at any time,on its own initiative or in response to a
petition received from an Industrial User,and in accordance with procedures in 40 CFR
403.8(f)(6),determine that such User should not be considered a Significant Industrial User.
(Ord.72-98§3,1998:Ord.21-95§1,1995:Ord.36-93§2,1993:prior code§37-1-3(44))
17.32.580: SIGNIFICANT NONCOMPLIANCE(SNC):
"Significant noncompliance""(SNC)"shall be applicable to all Significant Industrial Users(or
any other Industrial User that violates paragraphs C,D or H of this section)and shall mean:
A. Chronic violations of wastewater discharge limits,defined here as those in which sixty-six
percent(66%)or more of all the measurements taken for the same pollutant parameter taken
during a six-(6-)month period exceed(by any magnitude)a numeric Pretreatment Standard
or Requirement,including instantaneous limits as defined herein;
B. Technical Review Criteria(TRC)violations,defined here as those in which thirty-three
percent(33%)or more of wastewater measurements taken for the same pollutant parameter
during a six-(6-)month period equals or exceeds the product of the numeric Pretreatment
Standard or Requirement including instantaneous limits,as defined herein,multiplied by the
applicable TRC(TRC equals 1.4 for BOD,TSS,fats,oils and grease,and TRC equals 1.2 for
all other pollutants except pH);
C. Any other violation of a Pretreatment Standard or Requirement as defined herein(daily
maximum,long-term average,instantaneous limit,or narrative standard)that the Director
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;
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D. Any discharge of a pollutant that has caused imminent endangerment to the public or to the
environment,or has resulted in the Director's exercise of emergency authority to halt or
prevent such a discharge;
E. Failure to meet,within ninety(90)days of the scheduled date,a compliance schedule
milestone contained in a wastewater discharge permit or enforcement order for starting
construction,completing construction,or attaining final compliance;
F. Failure to provide within forty-five(45)days after the due date,any required reports,
including baseline monitoring reports,reports on compliance with categorical Pretreatment
Standard deadlines,periodic self-monitoring reports,and reports on compliance with
compliance schedules;
G. Failure to accurately report noncompliance;or
H. Any other violation(s),which may include a violation of best management practices,which
the Director determines will adversely affect the operation or implementation of the local
pretreatment program. (Ord.36-93§2,1993)
17.32.590: SLUG LOAD OR SLUG DISCHARGE:
"Slug load"or"slug discharge"shall mean any discharge at a flow rate or concentration,which
could cause a violation of the prohibited discharge standards in section 17.36.060. A SIug
discharge is any discharge of a non-routine,episodic nature,including but not limited to an
accidental spill or a non-customary batch discharge,which has a reasonable potential to cause
Interference or Pass Through,or in any other way violate the POTW's regulations,local limits or
permit conditions.
17.32.600: STATE:
"State"means the state of Utah. (Ord.36-93§2,1993:prior code§37-1-3(47))
17.32.610: 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. The North American Industry Classification
System(NAICS)is similar to the SIC and means a classification pursuant to the Office of
Management and Budget,official 2007 U.S.NAICS Manual,as amended. (Ord.36-93 §2,
1993:prior code§37-1-3(48))
17.32.620: STORM SEWER:
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"Storm sewer"means a sewer that carries only stormwater,surface water and ground water
drainage. (Ord.36-93§2,1993:prior code§37-1-3(49))
17.32.630: STORMWATER:
"Stormwater"means any flow occurring during or following any form of natural precipitation
and resulting therefrom,including snowmelt. (Ord.36-93§2,1993:prior code§37-1-3{50))
17.32.640: SUBDIVISION:
A. "Subdivision"means the division of a tract,or lot,or parcel of land into three(3)or more
lots,plots,sites or other divisions of land for the purpose,whether immediate or future,of
sale or of building development or redevelopment;provided,however,that divisions of land
for agricultural purposes or for commercial,manufacturing or industrial purposes shall be
exempt. Further,the above definition shall not apply to the sale or conveyance of any parcel
of land which may be shown as one of the lots of a subdivision of which a plat has
theretofore been recorded in the office of the county recorder.
B. The word"subdivide"and any derivative thereof shall have reference to the term
"subdivision"as herein defined. (Ord.36-93§2, 1993:prior code§37-1-(51))
17.32.650: TOTAL SUSPENDED SOLIDS OR SUSPENDED SOLIDS:
"Total suspended solids"or"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 136 or its successor. (Ord.
36-93§2,1993:prior code§37-1-3(52))
17.32.660: TOXIC POLLUTANT:
"Toxic pollutant"means any pollutant or combination of pollutants found to be toxic or
stipulated as toxic in regulations promulgated by the administrator of the environmental
protection agency under the act. (Ord.72-98§4,1998:Ord.36-93§2,1993:prior code§37-1-
3(53))
17.32.670: UTAH POLLUTION DISCHARGE ELIMINATION SYSTEM(UPDES)
PERMIT:
"Utah pollution discharge elimination system(UPDES)permit"means a permit issued pursuant
17
to section R317-8 of the Utah Administrative Code,or its successor. (Ord.36-93§2,1993:
prior code§37-1-3(31))
17.32.680: VISCOSITY:
"Viscosity"means the property of a fluid that resists internal flow by releasing counteracting
forces. (Ord.36-93§2,1993:prior code§37-1-3(58))
17.32.690: WASTEWATER:
"Wastewater"means the liquid and water-carried industrial or domestic wastes from dwellings,
commercial buildings,industrial and manufacturing facilities and institutions,together with any
infiltrating ground water,surface water and stormwater that may be present,whether treated or
untreated,which enters the POTW. (Ord.36-93§2,1993:prior code§37-1-3(55))
17.32.700: WASTEWATER DISCHARGE PERMIT OR PERMIT:
"Wastewater discharge permit"or"permit"means a control document issued by the City which
authorizes the discharge of industrial wastewater into the POTW by a SIU.
17.32.710: WASTEWATER STRENGTH:
"Wastewater strength"means the quality of process wastewater discharged,as measured by its
elements,including its constituents and characteristics. (Ord.21-95§2,1995:Ord.36-93§2,
1993:prior code§37-1-3(59))
17.32.720: WASTEWATER TREATMENT PLANT OR TREATMENT PLANT:
"Wastewater treatment plant"or"treatment plant"means that portion of the publicly owned
treatment works designed to provide treatment(including recycling and reclamation)of
municipal sewage and industrial waste. (Ord.36-93§2,1993:prior code§37-1-3(39))
17.32.730: WATERS OF THE STATE:
"Waters of the State"means all streams,lakes,ponds,marshes,watercourses,waterways,wells,
springs,reservoirs,aquifers,irrigation systems,drainage systems,and all other bodies or
accumulations of water,surface or underground,natural or artificial,public or private,which are
contained within,flow through or border upon the State or any portion thereof. (Ord.36-93§2,
1993:prior code§37-1-3(56))
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17.32.740: ZERO DISCHARGE INDUSTRIAL FACILITY:
"Zero discharge industrial facility"means an industry which may be identified by the Director as
a Significant Industrial User,as defined herein,which has voluntarily elected or is required by
the categorical pretreatment standard not to discharge any of its process wastewater to the
POTW,but to dispose of it by other legal means. For the purposes of inspection,sampling and
enforcement,a zero discharge industrial facility shall be considered an Industrial User.
SECTION 2.Chapter 17.36 of Salt Lalce City Code is hereby amended to read as follows:
Chapter 17.36
GENERAL REQUIREMENTS
17.36.010: SUPERVISION OF POTW:
The POTW shall be supervised and directed by the Director. (Ord.36-93 §3,1993:prior code
§37-2-I)
17.36.020: MORE STRINGENT LIMITATIONS;POTW RIGHTS:
The POTW reserves the right to establish more stringent limitations or requirements on
discharges to the wastewater disposal system if deemed necessary to comply with the objectives
presented in section 17.32.020,or its successor. (Ord.36-93§3,1993:prior code§37-2-8)
17.36.030: GENERAL DISCHARGE REGULATIONS:
A. Discharge into POTW: All sewage shall be discharged to public sewers except as provided
hereinafter.
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. (Ord.
36-93§3,1993:prior code§37-2-2(1),(2))
17.36.040: NONPOLLUTED WATERS DISCHARGED TO STORM SEWERS:
Nonpolluted stormwater,surface drainage,subsurface drainage,ground water,roof runoff,
noncontact cooling water or other nonpolluted water may be admitted to specifically designated
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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. (Ord.21-95§3,1995:Ord.36-93§3,1993:prior code
§37-2-2(4))
17.36.050: DISCHARGING SURFACE WATERS INTO SANITARY SEWERS:
No person shall cause to be discharged or make a connection which would allow any stormwater,
surface drainage,ground water,roof runoff,or noncontact cooling water to be admitted into any
sanitary sewer,unless otherwise permitted in 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
such industrial waste. (Ord.21-95§4,1995:Ord.36-93§3,1993:prior code§37-2-2(3))
17.36.060: PROHIBITED DISCHARGE STANDARDS;
A. General Prohibitions: No User shall introduce or cause to be introduced into the POTW any
pollutant or wastewater which causes Pass Through or Interference. These general
prohibitions apply to all Users of the POTW whether or not they are subject to categorical
Pretreatment Standards or any other National,State,or local Pretreatment Standards or
Requirements.
B. Specific Prohibitions: No User shall introduce or cause to be introduced into the POTW the
following pollutants,substances,or wastewater:
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
explosive hazard or be injurious in any other way to the POTW or to the operation of the
POTW. At no time shall two(2)successive readings on any explosion hazard meter,at
the point of discharge to the POTW(or at any point in the system)be more than five
percent(5%),nor any single reading over ten percent(10%)of the lower explosive limit
(LEL)of the meter.
2. Fire Explosion: Pollutants which create a fire or explosion hazard in the POTW
including,but not limited to,wastestreams with a closed cup flashpoint of less than one
hundred forty degrees Fahrenheit(140°F)(60°C)using test methods specified in 40
CFR 261.21 or its successor;
3. Solids:
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a. Solid or viscous substances in amounts which will cause obstruction to the flow in the
POTW resulting in Interference.
b. Solid or viscous pollutants in amounts which will interfere with the operation of the
wastewater treatment facilities such as,but not limited to fats oils and grease,garbage
with particles greater than one-fourth inch(1/4")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;
4. Low pH Limit: Any wastewater which will cause corrosive structural damage to the
POTW,but in no case discharges with pH of less than 5.0,unless the POTW is
specifically designed to accommodate such discharges.
5. High pH Limit: Any wastewater with a pH greater than 11.0 or otherwise causing
corrosive structural damage to the POTW or equipment;
6. Toxic Pollutants:
a. Any pollutants including oxygen-demanding pollutants(BOD,etc.),released in a
discharge at a flow rate and/or pollutant concentration which,either singly or by
interaction with other pollutants,will cause Interference with the POTW.
b. Toxic Pollutants: Any pollutants released in a discharge at a flow rate and/or
pollutant concentration which,either singly or by interaction with other pollutants,
will cause interference with wastewater treatment or sludge handling process,
constitute a hazard to humans or animals,create an acute toxic effect in the receiving
waters of the POTW,contaminate the sludge of the POTW systems,or exceed the
limitations set forth in a categorical or local Pretreatment Standard or Requirement;
7. Noxious Substances: Any waste containing noxious or malodorous liquids,in such
quantities that,alone or in combination with other waste substances are sufficient to
create a hazard for humans,animals or the environment,interfere detrimentally with
sewage treatment processes,Pass Through treatment facilities in concentrations
exceeding discharge limitations,prevent entry into the sewers for their maintenance and
repair,cause a public nuisance,or cause any hazardous condition to occur in the POTW;
21
8. Gaseous Substances: Any pollutants which result in the presence of toxic gases, vapors,
or hones within the POTW in a quantity that may cause acute worker health and safety
problems;
9. Untreatable Substances: Any substance which may cause the POTW's effluent or any
other product of the POTW, such as residues, sludges or scums,to be unsuitable for
reclamation and reuse or to interfere with the reclamation process where the POTW is
pursuing a reuse and reclamation program. In no case shall a substance discharged to the
POTW cause the POTW to be in noncompliance with sludge use or disposal criteria,
guidelines or regulations developed under section 405 of the act, or its successor; any
criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to
the solid waste disposal act, the clean air act, the toxic substances control act, or state
criteria applicable to the sludge management method being used;
10. UPDES Permit Violation: Any substances which will cause the POTW to violate its
UPDES and/or state disposal system permit or the receiving water quality standards;
11. Objectionable Color: Any wastewater with objectionable color not removed in the
POTW treatment process, such as,but not limited to, dye wastes and vegetable tanning
solutions which consequently imparts color to the treatment plant's effluent, thereby
violating the POTW's UPDES permit;
12. Heat: Any wastewater with heat in amounts which will inhibit biological activity in the
POTW resulting in Interference, but in no case heat in such quantities that the
temperature at the POTW Treatment Plant exceeds 40 °C (104°F);
13. 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;
14. Oil and Grease: Any wastewater containing petroleum oil,non-biodegradable cutting oil,
products of mineral oil origin or petroleum based grease, in amounts that will cause
Interference or Pass Through. (Ord. 72-98 § 6, 1998: Ord. 63-95 § 1, 1995: Ord. 36-93
§ 3, 1993: prior code § 37-2-2(5)
15. Trucked wastes: Trucked or hauled pollutants, except at discharge points designated by
the POTW;
16. Storm Water, surface water, ground water, artesian well water, roof runoff, subsurface
drainage, swimming pool drainage, condensate, deionized water, noncontact cooling
22
water, and unpolluted wastewater, unless specifically authorized by the Director in a
wastewater discharge permit;
17. Sludges, screenings, or other residues from the pretreatment of industrial wastes;
18. Medical Wastes in amounts or concentrations that would cause a violation of any one of
the objectives included in Section 17.32.020.B of this ordinance;
19. Wastewater causing, alone or in conjunction with other sources,the treatment plant's
effluent to fail any toxicity test;
20. Detergents, surface-active agents, or other substances that might cause excessive foaming
in the POTW;
21. Saltwater or brine from commercial or industrial establishments in concentrations that
will interfere with wastewater collection,treatment or treated wastewater reuse including
but not limited to commercial or industrial backwashes or similar wastestreams resulting
from the direct addition of salt.
22. Any discharges containing compounds that are labeled for the control of pest species of
any type, such as,but not limited to, acaricides,bactericides, fungicides, herbicides,
insecticides,molluscicides, nematicides and rodenticides in concentrations that would
cause Interference or Pass-Through at the POTW or otherwise cause the POTW to violate
its UPDES permit.
Pollutants, substances, or wastewater prohibited by this Ordinance shall not be processed or
stored in such a manner that they could be discharged to the POTW.
17.36.070: NATIONAL CATEGORICAL PRETREATMENT STANDARDS:
Upon the promulgation of the Federal National Categorical Pretreatment Standard for a
particular industrial subcategory,the Federal Standard, if more stringent than limitations
imposed in this chapter for sources in that subcategory, shall immediately supersede the
limitations imposed herein. Categorical Industrial Users must comply with the National
Categorical Pretreatment Standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471.
A. Where a categorical Pretreatment Standard is expressed only in terms of either the mass or
the concentration of a pollutant in wastewater,the Director may impose equivalent
concentration or mass limits in accordance with paragraphs D and E of this section.
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B. When the limits in a categorical Pretreatment Standard are expressed only in terms of mass
of pollutant per unit of production, the Director may convert the limits to equivalent
limitations expressed either as mass of pollutant discharged per day or effluent concentration
for purposes of calculating effluent limitations applicable to individual Industrial Users.
C. When wastewater subject to a categorical Pretreatment Standard is mixed with wastewater
not regulated by the same Standard,the Director shall impose an alternate limit in accordance
with 40 CFR 403.6(e).
D. When a categorical Pretreatment Standard is expressed only in terms of pollutant
concentrations, an Industrial User may request that the City convert the limits to equivalent
mass limits. The determination to convert concentration limits to mass limits is within the
discretion of the Director. The City may establish equivalent mass limits only if the
Industrial User meets all the conditions set forth in sub-sections 1 a, through e, below.
1. To be eligible for equivalent mass limits,the Industrial User must:
a. Employ, or demonstrate that it will employ, water conservation methods and
technologies that substantially reduce water use during the term of its wastewater
discharge permit;
b. Currently use control and treatment technologies adequate to achieve compliance
with the applicable categorical Pretreatment Standard, and not have used dilution as a
substitute for treatment;
c. Provide sufficient information to establish the facility's actual average daily flow rate
for all wastestreams,based on data from a continuous effluent flow monitoring
device, as well as the facility's long-term average production rate. Both the actual
average daily flow rate and the long-term average production rate must be
representative of current operating conditions;
d. Not have daily flow rates,production levels, or pollutant levels that vary so
significantly that equivalent mass limits are not appropriate to control the discharge;
and
e. Have consistently complied with all applicable categorical Pretreatment Standards
during the period prior to the Industrial User's request for equivalent mass limits.
2. An Industrial User subject to equivalent mass limits must:
24
a. Maintain and effectively operate control and treatment technologies adequate to
achieve compliance with the equivalent mass limits;
b. Continue to record the facility's flow rates through the use of a continuous effluent
flow monitoring device;
c. Continue to record the facility's production rates and notify the Director whenever
production rates are expected to vary by more than 20 percent from its baseline
production rates determined in paragraph 17.36.070.D.1.c of this section. Upon
notification of a revised production rate,the Director will reassess the equivalent
mass limit and revise the limit as necessary to reflect changed conditions at the
facility;and
d. Continue to employ the same or comparable water conservation methods and
technologies as those implemented pursuant to paragraph 17.36.070.D.1 a of this
section so long as it discharges under an equivalent mass limit.
3. When developing equivalent mass limits,the Director:
a. Will calculate the equivalent mass limit by multiplying the actual average daily flow
rate of the regulated process(es)of the Industrial User by the concentration-based
daily maximum and monthly average standard for the applicable categorical
Pretreatment Standard and the appropriate unit conversion factor;
b. Upon notification of a revised production rate,will reassess the equivalent mass limit
and recalculate the limit as necessary to reflect changed conditions at the facility;and
c. May retain the same equivalent mass limit in subsequent wastewater discharger
permit terms if the Industrial User's actual average daily flow rate was reduced solely
as a result of the implementation of water conservation methods and technologies,
and the actual average daily flow rates used in the original calculation of the
equivalent mass limit were not based on the use of dilution as a substitute for
treatment pursuant to section 17.36.110. The Industrial User must also be in
compliance with section 17.69.030 regarding the prohibition of bypass.
E. The Director may convert the mass limits of the categorical Pretreatment Standards of 40
CFR Parts 414,419,and 455 to concentration limits for purposes of calculating limitations
applicable to individual Industrial Users. The conversion is at the discretion of the Director.
25
F. Once included in its permit,the Industrial User must comply with the equivalent limitations
developed in this section in lieu of the promulgated categorical Pretreatment Standards from
which the equivalent limitations were derived.
G. Many categorical Pretreatment Standards specify one limit for calculating maximum daily
discharge limitations and a second limit for calculating maximum monthly average,or 4-day
average,limitations. Where such standards are being applied,the same production or flow
figure shall be used in calculating both the average and the maximum equivalent limitation.
H. Any Industrial User operating under a permit incorporating equivalent mass or concentration
limits calculated from a production-based standard shall notify the Director within two(2)
business days after the User has a reasonable basis to know that the production level will
significantly change within the next calendar month. Any User not notifying the Director of
such anticipated change will be required to meet the mass or concentration limits in its permit
that were based on the original estimate of the long term average production rate.
17.36.080: STATE PRETREATMENT STANDARDS:
State requirements and limitations on discharges shall apply when they are more stringent than
federal requirements and limitations or those in this chapter.
17.36.090: LOCAL LIMITS:
A. The Director is authorized to establish Local Limits pursuant to 40 CFR 403.5(c). The
Director may impose mass limitations in addition to concentration based limitations for local
limits.
B. Local limits established by the Director and approved by the State are listed in a separate
document entitled"City of Salt Lake City Corporation Local Limits". This document is
incorporated in this chapter by reference.
C. Local limits shall apply at the designated sampling point for users holding a valid wastewater
discharge permit,otherwise,the local limits apply at the end of the User's sewer lateral
pipeline at the point where the industrial wastewater is discharged to the POTW.
D. Local limits are established to prevent Pass Through and Interference and shall be reviewed
as needed. Any revision to the Control Authority's local limits shall be submitted for
approval to the State. Upon State approval,the revised local limits shall be enforceable
under the conditions of the Wastewater Control Ordinance. Copies of the most recently State
approved local limits shall be made available upon request through the Office of the Director.
26
E. The Director may develop best management practices (BMPs),by ordinance or in
wastewater discharge permits,to implement local limits and the requirements of the
Wastewater Control Ordinance.
17.36.100: CITY'S RIGHT OF REVISION:
The City reserves the right to establish,by ordinance or in wastewater discharge permits, more
stringent standards or requirements on discharges to the POTW consistent with the purpose of
the Wastewater Control Ordinance.
17.36.110: DILUTION OF DISCHARGES PROHIBITED:
No User shall ever increase the use of process water, or in any way attempt to dilute a discharge
as a partial or complete substitute for adequate pretreatment to achieve compliance with a
discharge limitation unless expressly authorized by an applicable Pretreatment Standard or
Requirement. The Director may impose mass limitations on Users who are using dilution to
meet applicable Pretreatment Standards or Requirements, or in other cases when the imposition
of mass limitations is appropriate pursuant to 40 CFR 403.6(c)(1). (Ord. 36-93 § 3, 1993: prior
code § 37-2-9))
17.36.120: PRETREATMENT REQUIREMENTS:
Users shall provide wastewater treatment as necessary to comply with the Wastewater Control
Ordinance and shall achieve compliance with all categorical Pretreatment Standards, local limits,
and the prohibitions set out in 17.36.060 within the time limitations specified by EPA,the State,
or the Director, whichever is more stringent. Any facilities or equipment (e.g. continuous pH
meters, ORP meters) necessary for ensuring consistent compliance shall be provided, operated,
and maintained at the User's expense. Detailed plans describing such facilities, equipment and
operating procedures shall be submitted to the Director for review, and shall be acceptable to the
Director before such facilities are constructed and equipment installed. The review of such plans
and operating procedures shall in no way relieve the User from the responsibility of modifying
such facilities or equipment as necessary to produce a discharge acceptable to the City under the
provisions of the Wastewater Control Ordinance. Following completion of construction the
Director may request the User to provide copies of as-built drawings to be retained by the
Director. Subsequent alterations or additions to such pretreatment or flow control facilities shall
not be made without prior notice to the Director. New sources shall install and operate all
pollution control equipment required to meet applicable Pretreatment Standards prior to
discharging to the POTW;
27
17.36.130: ADDITIONAL PRETREATMENT MEASURES:
A. Whenever deemed necessary,the Director may require Users to restrict their discharge
during peak flow periods,designate that certain wastewater be discharged only into specific
sewers,relocate and/or consolidate points of discharge,separate sewage wastestreams from
industrial wastestreams,and such other conditions as may be necessary to protect the POTW
and determine the User's compliance with the requirements of the Wastewater Control
Ordinance.
B. The Director may require any person discharging into the POTW to install and maintain,on
their property and at their expense,a suitable storage and flow-control facility to ensure
equalization of flow. A wastewater discharge permit may be issued solely for flow
equalization.
C. The Director may require any User with the potential to discharge flammable substances to
install and maintain an approved combustible gas detection meter.
17.36.140: GREASE,OIL AND SAND TRAPS OR INTERCEPTORS:
A. Requirements
1. From and after the effective date hereof,grease,oil and sand interceptors,as described by
the Utah plumbing code,hereinafter 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 when,in the opinion of the Director,they are necessary
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
domestic dwellings.
2. An interceptor shall be of a type and capacity which meets all applicable standards set
forth in the Utah plumbing code,and all standards adopted by the Director,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 a interceptor,sample box and sanitary sewer connection.
All new facilities will be required to meet these regulations.
28
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.
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,the installation shall not in and of itself,relieve the User
from complying with section 17.52.220. (Ord. 72-98 § 8, 1998: Ord. 36-93 § 3, 1993: prior
code § 37-2-14)
17.36.150: ACCIDENTAL DISCHARGE/SLUG DISCHARGE CONTROL PLANS:
A. The Director shall evaluate whether each SIU needs an accidental discharge/slug discharge
control plan or other action to control slug discharges within one year after the industrial
User has been designated an SIU. The Director shall re-evaluate each SIU every two (2)
years after the initial evaluation. The Director may require any User to develop, submit for
approval, and implement such a plan or take such other action that may be necessary to
control slug discharges. Alternatively, the Director may develop such a plan for any User.
An accidental discharge/slug discharge control plan shall address, at a minimum, the
following:
1. Description of discharge practices, including nonroutine batch discharges;
2. Description of stored chemicals;
3. Procedures for immediately notifying the Director of any accidental or slug discharge, as
required by section 17.52.160 F; and
4. Procedures to prevent adverse impact from any accidental or slug discharge. Such
procedures include, but are not limited to, inspection and maintenance of storage areas,
handling and transfer of materials, loading and unloading operations, control of plant site
runoff, worker training,building of containment structures or equipment, measures for
containing toxic organic pollutants, including solvents, and/or measures and equipment
for emergency response
29
17.36.160: HAULED WASTEWATER:
A. Septic tank waste,from domestic sources only,may be introduced into the POTW only at
locations designated by the Director,and at such times as are established by the Director.
Such waste shall not violate section 17.36.060 through 090 or any other requirements
established by the City. The Director may require septic tank waste haulers to obtain
wastewater discharge permits.
B. Septic tank waste haulers may discharge loads only at locations designated by the Director.
No load may be discharged without prior consent of the Director. The Director may collect
samples of each hauled load to ensure compliance with applicable standards. The Director
may require the septic tank waste hauler to provide a waste analysis of any load prior to
discharge,
C. Septic tank waste haulers must provide a waste-tracking form for every load. This form shall
include,at a minimum,the name and address of the septic tank waste hauler,permit number,
truck identification,names and addresses of sources of waste,and volume and characteristics
of waste. The form shall certify that the wastes to be discharged are domestic in origin only
and contain no industrial wastes or any wastes that are RCRA hazardous wastes.
D. Wastewater from recreational vehicles and boats shall only be discharged at dump sites
designated for such use. The City reserves the right to inspect records of individual
wastewater dumps from the authorized operators of each designated dump site. Detailed
plans describing such facilities and operating procedures shall be submitted to the Director
for review,and shall be acceptable to the Director before such facilities are constructed.
17.36.170: 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 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 regulations of said POTW pertaining to plumbing and sewers. (Ord.36-93
§3,1993:prior code§37-2-16)
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17.36.180: 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 the provisions herein within ninety(90)days after date of official notice to
do so,provided that the City sewer line is within three hundred feet(300')of the owner's
property line.
B. Discontinuance of Privy Vaults,Cesspools and Septic Tanks:
1. After date of official notice in subsection A of this section,no User,or his/her agent,or
other person having charge of or occupying any property within three hundred feet(300')
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 ease shall any plumbing in any house or building not complying with subsection A
of this section and official notice remain unconnected to any public sewer for more than
ninety(90)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. (Ord.36-93§3,1993:Ord.59-87§1,
1987:prior code§37-2-12)
17.36.190: 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(300')of the property line of
any property upon which any building,privy,privy vault,septic tank,cesspool or other
facility as described above exists,except as provided in subsection B.1 of this section.
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.
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3. Within ninety(90)days from the date POTW service becomes available within three
hundred feet(300')of the property line of any buildings served by any private sewage
disposal system,a direct connection shall be made to the POTW sewer by the owner at
owner's expense in compliance with the provisions herein contained,and any septic tank,
cesspool,privy or similar private sewage disposal facilities shall be immediately emptied
and filled with suitable material.
B. Private Disposal Authorized When:
1. Where POTW service is not available within the limits provided in subsection A of this
section,the building's sewer shall be connected to a private sewage disposal system
complying with the provisions of the Salt Lake Valley Health Department.
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
Salt Lake Valley 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 Salt Lake Valley Health Department,the
Utah Water Quality Board or the Utah State Department of Environmental Quality. (Ord.
1-06§30,2005:Ord.36-93§3,1993:prior code§37-2-17)
17.36.200: 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 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 plumber who has obtained necessary sewer and street permits. (Ord.36-93
§3,1993:prior code§37-2-15)
17.36.210: DISCONTINUANCE OF SERVICE:
Any User desiring to discontinue service shall notify the POTW in writing of such fact at least
thirty(30)days before the date when such service shall be discontinued. Upon giving such
written notice,the User shall not be responsible for bills incurred after the termination date
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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.
(Ord.36-93 §3,1993:prior code§37-2-18)
17.36.220: MANHOLE COVERS:
No User or other person shall open any POTW sewer manhole without permission from the
Director. (Ord.36-93§3,1993:prior code§37-2-11)
17.36.230: DAMAGING SEWER SYSTEM PROHIBITED:
No person shall damage,break or remove any part or portion of any POTW sewer or system,or
any sewer appliance or appurtenance,without the POTW's prior written consent. (Ord.72-98
§9,1998:Ord.36-93 §3,1993:prior code§37-2-10)
SECTION 3.Chapter 17.52 of Salt Lake City Code is hereby amended to read as follows:
Chapter 17.52
WASTEWATER DISCHARGE PERMITS
17.52.010: WASTEWATER DISCHARGE PERMIT REQUIREMENT:
A. No SIU shall discharge wastewater into the POTW without first obtaining a wastewater
discharge permit from the Director,except that a SIU that has filed a timely application
pursuant to section 17.52.020.B may continue to discharge for the time period specified
therein.
B. The Director may require other Users to obtain wastewater discharge permits as necessary to
carry out the purposes of the Wastewater Control Ordinance.
C. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed
a violation of the Wastewater Control Ordinance and subjects the wastewater discharge
pennittee to the sanctions set out in sections 17.68.010 through 17.68.170. Obtaining a
wastewater discharge permit does not relieve a permittee of its obligation to comply with all
Federal and State Pretreatment Standards or Requirements or with any other requirements of
Federal,State,and local law. (Ord.36-93§7,1993:prior code§37-5-1)
17.52.020: WASTEWATER DISCHARGE PERMIT;PERMITTING PROCEDURES:
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A. Wastewater Analysis: When requested by the Director,any new or existing User must
submit information on the nature and characteristics of its wastewater,including production
and disposal procedures,within thirty(30)days of the request by completing a wastewater
survey questionnaire. The Control Authority may prepare a form for this purpose and may
periodically require Users to update the survey. Failure to complete this survey shall be a
violation of the Wastewater Control Ordinance.
B. Existing Connections: Any User required to obtain a wastewater discharge permit who was
discharging wastewater into the POTW prior to the effective date of this ordinance and who
wishes to continue such discharges in the future,shall,within ninety(90)days after said date,
apply to the Director for a wastewater discharge permit in accordance with section 17.52.030,
and shall not cause or allow discharges to the POTW to continue after ninety(90)days of the
effective date of this ordinance except in accordance with a wastewater discharge permit
issued by the Director.
C. New Connections: Any User required to obtain a wastewater discharge permit who proposes
to begin or recommence discharging into the POTW must obtain such permit prior to the
beginning or recommencing of such discharge. An application for this wastewater discharge
permit,in accordance with section 17.52.030,must be filed at least ninety(90)days prior to
the date upon which any discharge will begin or recommence.
17.52.030: WASTEWATER DISCHARGE PERMIT;APPLICATION CONTENTS:
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,accompanied by a fee as set forth
in Section 17.52.270. In support of the application,the User shall submit,in units and teens
appropriate for evaluation,some or all of the following information:
1. Identifying information:
a. Name,address,telephone number and location,(if different from the address)of
applicant and owner of the premises(if different from the tenant when property is
leased)from which industrial wastes are intended to be discharged,
b. The name of an authorized representative duly authorized to act on behalf of the
facility
c. Description of activities,facilities,and plant production processes on the premises;
2. SIC number and/orNAICS number.
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3. Environmental Permits: A list of any environmental control permits held by or for the
facility.
4. Description of Operations:
a A brief description of the nature,average rate of production(including each product
produced by type,amount,processes,and rate of production),and standard industrial
classifications of the operation(s)carried out by such User. This description should
include a schematic process diagram,which indicates all points of discharge to the
POTW from the regulated and unregulated processes and from dilute flows such as
the domestic waste,boiler blowdown and noncontact cooling water,if any.
b. Types of wastes generated,and a list of all raw materials and chemicals used or stored
at the facility which are,or could accidentally or intentionally be,discharged to the
POTW. Material safety data sheets(MSDSs)of all chemicals shall be included.
c. Number and type of employees,hours of operation,and proposed or actual hours of
operation;
d. Type and amount of raw materials processed(average and maximum per day);
e. Site plans,floor plans,mechanical and plumbing plans,and details to show all
sewers,floor drains,and appurtenances by size,location,and elevation,and all points
of discharge. If deemed necessary by the POTW,such plans shall provide for
separate systems for handling sanitary and industrial wastewater;
5. Time and duration of discharges;
6. The location for monitoring all wastes covered by the permit;
7. Flow Measurement: Information showing the measured average daily and maximum
daily flow,in gallons per day,and peak wastewater flow rates,including daily,monthly
and seasonal variations,if any,to the POTW from regulated process streams and other
streams,as necessary,to allow use of the combined wastestream formula set out in 40
CFR 403.6(e)to determine alternate limits as described in 17.36.070.C;
8. Measurement of Pollutants.
a. The categorical Pretreatment Standards applicable to each regulated process and any
new categorically regulated processes for existing sources.
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b. The results of sampling and analysis identifying the nature and concentration,and/or
mass,where required by the Standard or by the Director,of regulated pollutants in the
discharge from each regulated process. Sampling and analysis of unregulated flows
and dilute flows may also be required by the Director for all pollutants suspected to
be present in the flows.
c. Instantaneous,daily maximum,and long-teen average concentrations,or mass,where
required,shall be reported.
d. Each required sample shall be representative of daily operations and shall be analyzed
in accordance with procedures set out in section 17.52.170 and 40 CFR Part 136 as
amended. Where the standard requires compliance with a BMP or pollution
prevention alternative,the User shall submit documentation as required by the
Director or the applicable Standards to determine compliance with the Standard.
e. Sampling must be performed in accordance with procedures set out in section
17.52.180.
9. Any requests for a monitoring waiver or a renewal of an approved monitoring waiver for
a pollutant neither present nor expected to be present in the discharge based on section
17.52.160.D.2.
10.If additional O&M and/or additional pretreatment will be required for the User to meet
the Pretreatment Standard,then the application shall contain the shortest compliance
schedule by which the SIU will provide such additional pretreatment and/or O&M. The
completion date in this schedule shall not be later than the compliance date established
for the applicable Pretreatment Standard. The schedule shall be arranged and reported to
the Control Authority as set out in section 17.52.160 B.
11.Any other information as may be deemed necessary by the Director to evaluate the permit
application.
12.A statement signed by an authorized representative of the industrial User as follows:
"I certify under penalty of law that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on
my inquiry of the person or persons who manage the system,or those persons directly
responsible for gathering the information,the information submitted is,to the best of
my knowledge and belief,true,accurate,and complete. I am aware that there are
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significantpenalties for submittingfalse information,includingthe possibilityof fine
Sm
and imprisonment for knowing violations".
B. Incomplete or inaccurate applications will not be processed and will be returned to the User
for revision.
17.52.040: ZERO PROCESS WASTEWATER DISCHARGE PERMIT:
Zero discharge industrial facilities as defined in 17.32.740 must apply for and obtain a zero
process wastewater discharge permit. The Director may require the completion of a wastewater
analysis as described in 17.52.020.A. The application contents for a zero process wastewater
discharge permit shall be the same as that for an industrial wastewater discharge permit as
described in 17.52.030. The zero process wastewater discharge permit shall require the
permittee,to submit in December and June of each year,a written certification signed by an
authorized representative that the facility has not discharged any process wastewater to the
sanitary sewer in the last six month period and does not intend to discharge process wastewater
in the coming six month period. Failure to submit this certification shall be deemed a violation
of this ordinance. Any detected discharge of process wastewater to the City's sanitary sewer
system by a zero process discharge industrial facility at any time shall immediately subject the
user to the enforcement remedies included in section 17.68, The zero process wastewater
discharge permit may contain other limitations and requirements as deemed necessary by the
Director and this ordinance. The duration of zero process wastewater discharge permits shall be
the same as wastewater discharge permits as defined in 17.52.070.
17.52.050: APPLICATION SIGNATORIES AND CERTIFICATIONS:
A. All wastewater discharge permit applications,User reports and certification statements must
be signed by an authorized representative of the User and contain the certification statement
in sections 17.52.210 A and 17.52.030 A 12.
B. If the designation of an authorized representative is no longer accurate because a different
individual or position has responsibility for the overall operation of the facility or overall
responsibility for environmental matters for the company,a new written authorization
satisfying the requirements of this section must be submitted to the Director prior to or
together with any reports to be signed by an authorized representative.
C. A facility determined to be a Non-Significant Categorical Industrial User by the Director
pursuant to 17.32.570 C must annually submit the signed certification statement in section
17.52.210 B.
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17.52.060: WASTEWATER DISCHARGE PERMIT;DECISIONS:
A. Incomplete or inaccurate applications will not be processed and will be returned to the User
for revision.
B.The Director will evaluate the data furnished by the SIU and may require additional
information. Within one hundred and twenty(120)days of receipt of a complete permit
application,the Director will determine whether to issue an 1 wastewater discharge permit.
The Director may conditionally approve or deny any application for a wastewater discharge
permit.
17.52.070: WASTEWATER DISCHARGE PERMIT;DURATION:
A. A wastewater discharge permit shall remain in effect until terminated by the POTW.
B.All wastewater discharge permits shall be issued for a specified time period,not to exceed
five(5)years from the effective date of the permit. A permit may be issued for a period less
than five(5)years,or may be stated to expire on a specified date,at the discretion of the
Director. Each wastewater discharge permit shall indicate a specific date upon which it will
expire. Any permit may be canceled or terminated for failure to comply with the
requirements of this ordinance. (Ord.63-95§2,1995:Ord.36-93§7,1993:prior code
§37-5-2(5))
17.52.080: WASTEWATER DISCHARGE PERMIT;CONTENTS:
A wastewater discharge permit shall include such conditions as are deemed reasonably necessary
by the Director to prevent Pass Through or Interference,protect the quality of the water body
receiving the treatment plant's effluent,protect worker health and safety,facilitate sludge
management and disposal,and protect against damage to the POTW.
A. Wastewater discharge permits shall contain:
1. A statement that indicates the wastewater discharge permit issuance date,expiration date
and effective date;(see section 17.52.070.)
2. A statement that the wastewater discharge permit is nontransferable without prior
notification to the City in accordance with section 17.52.110,and provisions for
furnishing the new owner or operator with a copy of the existing wastewater discharge
permit;
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3. Effluent limits,including BMPs,based on applicable Pretreatment Standards;
4. Self monitoring,sampling,reporting,notification,and record-keeping requirements.
These requirements shall include an identification of pollutants(or BMP)to be
monitored,sampling location,sampling frequency,and sample type based on Federal,
State,and local law;
5. The process for seeking a waiver from monitoring for a pollutant neither present nor
expected to be present in the discharge in accordance with section 17.52,160.D.2;
6. A statement of applicable civil and criminal penalties for violation of Pretreatment
Standards and Requirements,and any applicable compliance schedule. Such schedule
may not extend the time for compliance beyond that required by applicable Federal,
State,or local law;
7. Requirements to control slug discharge,if determined by the Director to be necessary;
and
8. Any grant of the monitoring waiver by the Director(section 17.52.160.D.2)shall be
included as a condition in the User's permit.
B. Wastewater discharge permits may contain,but need not be limited to,the following
conditions:
1. Requirements for the payment of the then current unit charge or schedule of User
charges and fees for the wastewater to be discharged to the POTW;
2. Limits on the average and/or maximum rate and time of discharge and/or requirements
for flow regulation and equalization;
3. Requirements for the installation of pretreatment technology,pollution control,or
construction of appropriate containment devices,designed to reduce,eliminate,or
prevent the introduction of pollutants into the treatment works;
4. Requirements for the development and implementation of spill control plans in
accordance with 17.36.150 or other special conditions including management practices
necessary to adequately prevent accidental,unanticipated,or nonroutine discharges;
Facilities to prevent accidental discharge of prohibited materials shall be provided and
maintained at the industrial User's own cost and expense. Review and approval of such
plans and operating procedures shall not relieve the industrial User from the
39
responsibility to modify the industrial User's facility as necessary to meet the
requirements hereof. In the case of an accidental discharge,the industrial User shall
implement the requirements set out in section 17.52.160 F 1 through 4
5. Requirements for installation and maintenance of inspection and sampling facilities
including flow measurement devices as contained in section 17.52.220
6. Requirements for the Director to implement the judicially enforceable remedies outlined
in sections 17.68.010 through 17.68.170 according to the City's Enforcement Response
Plan.
7. Requirements for submission of technical reports or discharge reports;
8. Requirements for maintaining and retaining records relating to wastewater discharge,as
specified by the POTW,and affording POTW access thereto;
9. Requirements for development and implementation of waste minimization plans to
reduce the amount of pollutants discharged to the POTW;
10.Requirements for notification of the POTW of any new introduction of wastewater
constituents or any substantial change in the volume or character of the wastewater
constituents being introduced into the wastewater treatment system. The City reserves
the ability to accept or deny any proposed changes to the wastewater discharges at the
facility;
11.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 wastewater to
discharge into the POTW;
12.A statement that compliance with the wastewater discharge permit does not relieve the
permittee of responsibility for compliance with all applicable Federal and State
Pretreatment Standards,including those which become effective during the term of the
wastewater discharge permit;
13.Production rates where mass discharge limits are required;and
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14.Other conditions as deemed appropriate by the Director to ensure compliance with this
chapter,and State and Federal laws,rules,and regulations. (Ord.36-93§7,1993:prior
code§37-5-2(4))
17.52.090: WASTEWATER DISCHARGE PERMIT;ISSUANCE APPEAL PROCESS:
Upon issuance of the wastewater discharge permit, any person including the applicant shall have
45 days to file in writing objections to any term or condition of the permit and:
A. If no objections are received by the City within this time,the permit is deemed to be
accepted.
B. In its objection,the appealing party must indicate the individual wastewater discharge
permit provisions objected to,the reasons for this objection,and the alternative condition,if
any,it seeks to place in the individual wastewater discharge permit sections.
C. If a timely objection is filed and agreement cannot be reached with the POTW,the POTW
may submit to the Director the proposed permit conditions and the written objections thereto.
D. The effectiveness of the individual wastewater discharge permit shall not be stayed pending
the appeal.
E. The Director shall establish such special permit conditions as he or she deems advisable to
ensure the applicant's compliance with the Wastewater Control Ordinance or applicable law
or regulation,and direct the POTW to issue a wastewater discharge permit accordingly.
F. Appeals of decisions made by the Director may be brought before the public utilities
advisory committee(PUA C),which may reevaluate the issues raised on appeal. Decisions
of the PUAC shall be considered final administrative actions for purposes of judicial review.
G. Decisions by the PUAC not to reconsider an individual wastewater discharge permit,not to
issue an individual wastewater discharge permit,or not to modify an individual wastewater
discharge permit shall also be considered final administrative actions for purposes of judicial
review;if a decision is not made by the PUAC within ninety(90)days of receipt of a written
request,such request will be deemed denied.
H. Aggrieved parties seeking judicial review of the final administrative individual wastewater
discharge permit decision must do so by filing a complaint with the State of Utah Third
District Court within thirty(30)days of the date of final action.
17.52.100: WASTEWATER DISCHARGE PERMIT;MODIFICATIONS AND
REVISIONS:
A. The Director may modify a wastewater discharge permit for good cause,including,but not
limited to,the following reasons:
41
1. To incorporate any new or revised Federal,State,or local Pretreatment Standards or
Requirements;
2. To address significant alterations or additions to the User's operation,processes,or
wastewater volume or character since the time of the wastewater discharge permit
issuance;
3. A change in the POTW that requires either a temporary or permanent reduction or
elimination of the authorized discharge;
4. Information indicating that the permitted discharge poses a threat to the POTW
personnel,beneficial sludge use or the receiving waters;
5. Violation of any terms or conditions of the wastewater discharge permit;
6. Misrepresentations or failure to fully disclose all relevant facts in the wastewater
discharge permit application or in any required reporting;
7. Revision of or a grant of variance from categorical Pretreatment Standards pursuant to 40
CFR 403.13;
8. To correct typographical or other errors in the wastewater discharge permit;or
9. To reflect a transfer of the facility ownership or operation to a new owner or operator
where requested in accordance with section 17.52.110. (Ord.36-93 §7,I993:prior code
§37-5-2(3))
17.52.110: WASTEWATER DISCHARGE PERMIT;TRANSFER:
A. Wastewater discharge permits may be transferred to a new owner or operator only if the
permittee gives at least sixty(60)days advance notice to the Director and the Director
approves the Wastewater discharge permit transfer. The notice to the Director must include a
written certification by the new owner or operator which:
1. States that the new owner and/or operator has no immediate intent to change the facility's
operations and processes;
2. Identifies the specific date on which the transfer is to occur;
42
3. Acknowledges full responsibility for complying with the existing wastewater discharge
permit;and
4. The conditions of the permit will not change.
B. Failure to provide advance notice of a transfer renders the wastewater discharge permit void
as of the date of facility transfer. (Ord.36-93§7,1993:prior code§37-5-2(6))
17.52.120: WASTEWATER DISCHARGE PERMIT;SUSPENSION AND
REVOCATION
The Director may revoke a wastewater permit for good cause,including,but not limited to,the
following reasons:
A. Failure to notify the Director of significant changes to the wastewater prior to the changed
discharge;
B. Failure to provide prior notification to the Director of changed conditions pursuant to section
17.52.160.E;
C. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge
permit application;
D. Falsifying self-monitoring reports or certification statements;
E. Tampering with monitoring equipment;
F. Refusing to allow the Director timely access to the facility premises or records;
G. Failure to meet effluent limitations;
H. Failure to pay fines;
I. Failure to pay sewer charges;
J. Failure to meet compliance schedules;
K. Failure to complete a wastewater survey or the wastewater discharge permit application;
43
L. Failure to provide advance notice of the transfer of business ownership of a permitted
facility;or
M. Violation of any Pretreatment Standard or Requirement,or any terms of the wastewater
discharge permit or this ordinance.
Wastewater discharge permits shall be voidable upon non operation of a permitted facility,
cessation of operations or un-reported transfer of business ownership. All existing wastewater
discharge permits issued to a User are void upon the reissuance of a new wastewater discharge
permit to that User. (Ord.72-98§11,1998)
17.52.130: WASTEWATER DISCHARGE PERMIT;REISSUANCE:
A User with an expiring wastewater discharge permit shall apply for a wastewater discharge
permit reissuance by submitting a complete permit application,in accordance with section
17.52.030,a minimum of ninety(90)days prior to the expiration of the User's existing
wastewater discharge permit.
17.52.140: 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. The POTW
shall determine the wastewater criteria,and volume characteristics used to calculate any
additional cost of treatment. In no case will a special agreement waive compliance with a
Pretreatment Standard or Requirement. However,the Industrial User may request a variance
from the categorical Pretreatment Standard from the EPA. Such a request will be approved
only if the Industrial User can prove that factors relating to its discharge are fundamentally
different from the factors considered by EPA when establishing that Pretreatment Standard.
An Industrial User requesting a fundamentally different factor variance must comply with the
procedural and substantive provisions in 40 CFR 403.13 and Rule R317-8-8.17 U.A.C.;
B. Contracts With Other POTWs: 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 conditions and for such periods of time as may be deemed reasonable. (Ord.
36-93§3,1993:prior code§37-2-13)
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17.52.150: REGULATION OF WASTE RECEIVED FROM OTHER JURISDICTIONS:
A. If another municipality,special district,government entity,or other jurisdiction authority
connects to or contributes wastewater to the POTW,the Director shall enter into an inter-
agency agreement with that entity.
B. Prior to entering into an agreement required by paragraph A,above,the Director shall request
the following information from the contributing municipality:
1. A description of the quality and volume of wastewater discharged to the POTW by the
contributing municipality;
2. An inventory of all Users located within the contributing municipality that are
discharging to the POTW;and
3. Such other information as the Director may deem necessary.
C. An intermunicipal agreement,as required by paragraph A,above shall contain the following
conditions:
1. A requirement for the contributing municipality to adopt a sewer use ordinance which is
at least as stringent as this ordinance and Local Limits,including required Baseline
Monitoring Reports(BMRs)which are at least as stringent as those set out in section
17.36.090.E. The requirement shall specify that such ordinance and limits must be
revised as necessary to reflect changes made to the City's ordinance or Local Limits;
2. A requirement for the contributing municipality to submit a revised User inventory on at
least an annual basis;
3. A provision specifying which pretreatment implementation activities,including
wastewater discharge permit issuance,inspection and sampling,and enforcement,will be
conducted by the contributing municipality;which of these activities will be conducted
by the City and which of these activities will be conducted jointly by the contributing
municipality and the City;
4. A requirement for the contributing municipality to provide the City with access to all
information that the contributing municipality obtains as part of its pretreatment
activities;
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5. Limits on the nature,quality,and volume of the contributing municipality's wastewater at
the point where it discharges to the POTW;
6. Requirements for monitoring the contributing municipality's discharge;
7. A provision ensuring the City access to the facilities of Users located within the
contributing municipality's jurisdictional boundaries for the purpose of inspection,
sampling,and any other duties deemed necessary by the City;and
8. A provision specifying remedies available for breach of the terms of the intermunicipal
agreement.
17.52.160: REPORTING REQUIREMENTS:
A. Baseline Monitoring Reports: Within either one hundred eighty(180)days after the effective
date of a categorical Pretreatment Standard,or the final administrative decision on a category
determination under 40 CFR 403.6(a)(4),whichever is later,existing CIUs currently
discharging to or scheduled to discharge to the POTW shall submit to the Director a report
which contains the information listed in paragraphs(1)through(5),below. At least ninety
(90)days prior to commencement of their discharge,new sources,and sources that become
CIEs subsequent to the promulgation of an applicable Categorical Standard,shall submit to
the Director a report which contains the information listed in paragraphs(1)through(5),
below. A new source shall report the method of pretreatment it intends to use to meet
applicable categorical Standards. A new source also shall give estimates of its anticipated
flow and quantity of pollutants to be discharged.
Users described above shall submit the information set forth below.
1. All information required in section 17.52.030.A.1.a,section 17.52.030.A.3,section
17.52.030.A.4.a,and section 17.52.030.A.7.
2. Measurement of pollutants.
a. The User shall provide the information required in section 17.52.030.A.8.a,through
d;
b. The User shall take a minimum of one representative sample to compile that data
necessary to comply with the requirements of this paragraph;
c. Samples should be taken immediately downstream from pretreatment facilities if such
exist or immediately downstream from the regulated process if no pretreatment exists.
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If other wastewaters are mixed with the regulated wastewater prior to pretreatment
the User should measure the flows and concentrations necessary to allow use of the
combined waste stream formula in 40 CFR 403.6(e)to evaluate compliance with the
Pretreatment Standards. Where an alternate concentration or mass limit has been
calculated in accordance with 40 CFR 403.6(e)this adjusted limit along with
supporting data shall be submitted to the Control Authority;
d. Sampling and analysis shall be performed in accordance with sections 17.52.170 and
17.52.180;
e. The Director may allow the submission of a baseline report which utilizes only
historical data so long as the data provides information sufficient to determine the
need for industrial pretreatment measures;and
f. The baseline report shall indicate the time,date and place of sampling and methods of
analysis,and shall certify that such sampling and analysis is representative of normal
work cycles and expected pollutant discharges to the POTW.
3. Compliance certification: A statement,reviewed by the User's authorized representative
as defined in section 17.32.080 and certified by a qualified professional,indicating
whether Pretreatment Standards are being met on a consistent basis,and,if not,whether
additional operation and maintenance(O&M)and/or additional pretreatment is required
to meet the Pretreatment Standards and Requirements.
4. Compliance schedule: If additional pretreatment and/or O&M will be required for the
user to meet the Pretreatment Standards,the shortest schedule by which the User will
provide such additional pretreatment and/or O&M must be provided. The completion
date in this schedule shall not be later than the compliance date established for the
applicable Pretreatment Standard. A compliance schedule pursuant to this section must
meet the requirements set out in section 17.52.160 B.
5. Signature and Report Certification: All baseline monitoring reports must be certified in
accordance with section 17.52.210 A and signed by an authorized representative as
defined in section 17.32.080.
B. Compliance schedule progress reports: The following conditions shall apply to the
compliance schedules required by sections 17.52.030.A.10 and 17.52.160.A.4:
1. The schedule shall contain progress increments in the form of dates for the
commencement and completion of major events leading to the construction and operation
of additional pretreatment required for the User to meet the applicable Pretreatment
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Standards(such events include,but are not limited to,hiring an engineer,completing
preliminary and final plans,executing contracts for major components,commencing and
completing construction,and beginning and conducting routine operation);
2. No increment referred to above shall exceed nine(9)months nor shall the total
compliance period exceed eighteen(18)months;
3. The User shall submit a progress report to the Director no later than fourteen(14)days
following each date in the schedule and the final date of compliance including,as a
minimum,whether or not it complied with the increment of progress,the reason for any
delay,and,if appropriate,the steps being taken by the User to return to the established
schedule;and
4. In no event shall more than nine(9)months elapse between such progress reports to the
Director.
C. Reports on compliance with categorical Pretreatment Standard deadline.
1. Within ninety(90)days following the date for final compliance with applicable
categorical Pretreatment Standards,or in the case of a new source following
commencement of the introduction of wastewater into the POTW,any User subject to
such Pretreatment Standards and Requirements shall submit to the Director a report
containing the information described in section 17.52.030 A 7 and 8 and 17.52.160.A.2.
For Users subject to equivalent mass or concentration limits established in accordance
with the procedures in section 17.36.070,this report shall contain a reasonable measure
of the User's long-term production rate. For all other Users subject to categorical
Pretreatment Standards expressed in terms of allowable pollutant discharge per unit of
production(or other measure of operation),this report shall include the User's actual
production during the appropriate sampling period. All compliance reports must be
signed and certified in accordance with section 17.52.210.A. All sampling will be done
in conformance with section 17.52.180.
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D. Periodic compliance reports.
1. Except as specified in paragraph 3 below, all SIUs must, at a frequency determined by
the Director submit no less than twice per year (June and December or on dates specified)
reports indicating the nature, concentration of pollutants in the discharge which are
limited by Pretreatment Standards and the measured or estimated average and maximum
daily flows for the reporting period. In cases where the Pretreatment Standard requires
compliance with a BMP or pollution prevention alternative, the User must submit
documentation required by the Director or the Pretreatment Standard necessary to
determine the compliance status of the User.
2. The City may authorize an Industrial User subject to a categorical Pretreatment Standard
to forego sampling of a pollutant regulated by a categorical Pretreatment Standard if the
Industrial User has demonstrated through sampling and other technical factors that the
pollutant is neither present nor expected to be present in the discharge, or is present only
at background levels from intake water and without any increase in the pollutant due to
activities of the Industrial User. This authorization is subject to the following conditions:
a. The waiver may be authorized where a pollutant is determined to be present solely
due to sanitary wastewater discharged from the facility provided that the sanitary
wastewater is not regulated by an applicable categorical Standard and otherwise
includes no process wastewater;
b. The monitoring waiver is valid only for the duration of the effective period of the
wastewater discharge permit, but in no case longer than 5 years. The User must
submit a new request for the waiver before the waiver can be granted for each
subsequent wastewater discharge permit; (see section 17.52.030.A.9.)
c. In making a demonstration that a pollutant is not present,the Industrial User must
provide data from at least one sampling of the facility's process wastewater prior to
any treatment present at the facility that is representative of all wastewater from all
processes;
d. The request for a monitoring waiver must be signed in accordance with section
17.32.080, and include the certification statement in section 17.52.210.A;
e. Non-detectable sample results may be used only as a demonstration that a pollutant is
not present if the EPA approved method from 40 CFR Part 136 with the lowest
minimum detection level for that pollutant was used in the analysis;
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f. Any grant of the monitoring waiver by the Director must be included as a condition in
the User's permit. The reasons supporting the waiver and any information submitted
by the User in its request for the waiver must be maintained by the Director for 5
years after expiration of the waiver;
g. Upon approval of the monitoring waiver and revision of the User's permit by the
Director,the industrial User must certify on each report with the statement in section
17.52.210.C,that there has been no increase in the pollutant in its wastestream due to
activities of the Industrial User;
h. In the event that a waived pollutant is found to be present or is expected to be present
because of changes that occur in the User's operations,the User must immediately:
Comply with the monitoring requirements of section 17.52.160.D.I above,or other
more frequent monitoring requirements imposed by the Director,and notify the
Director;and
i. This provision does not supersede certification processes and requirements
established in categorical Pretreatment Standards,except as otherwise specified in the
categorical Pretreatment Standard.
3. The City may reduce the requirement for periodic compliance reports(see section
17.52.160 D 1 above)to a requirement to report no less frequently than once a year,
unless required more frequently in the Pretreatment Standard or by the EPA/State,where
the Industrial User's total categorical wastewater flow does not exceed any of the
following:
a. 0.01 percent of the POTW's design dry-weather hydraulic capacity,or five thousand
(5,000)gallons per day,whichever is smaller,as measured by a continuous effluent
flow monitoring device unless the Industrial User discharges in batches.
b. 0.01 percent of the POTW's design dry-weather organic treatment capacity;and
c. 0.01 percent of the POTW's maximum allowable headworks loading for any pollutant
regulated by the applicable categorical Pretreatment Standard for which approved
local limits were developed in accordance with section 17.36.090.
Reduced reporting is not available to Industrial Users that have in the last two(2)years
been in Significant Noncompliance,as defined in section 17.32.580. In addition,reduced
reporting is not available to an Industrial User with daily flow rates,production levels,or
pollutant levels that vary so significantly that,in the opinion of the Director,decreasing
50
the reporting requirement for this Industrial User would result in data that are not
representative of conditions occurring during the reporting period.
4. All periodic compliance reports must be signed and certified in accordance with section
17.52.210.A.
5. All wastewater samples must be representative of the User's discharge. Wastewater
monitoring and flow measurement facilities shall be properly operated,kept clean,and
maintained in good working order at all times. The failure of a User to keep its
monitoring facility in good working order shall not be grounds for the User to claim that
sample results are unrepresentative of its discharge.
6. If a User subject to the reporting requirement in this section monitors any regulated
pollutant at the appropriate sampling location more frequently than required by the
Director,using the procedures prescribed in section 17.52.180,the results of this
monitoring shall be included in the report.
E. Reports of changed conditions
Each User must notify the Director of any significant changes to the User's operations or system
which might alter the nature,quality,or volume of its wastewater at least thirty(30)days before
the change.
1. The Director may require the User to submit such information as may be deemed
necessary to evaluate the changed condition,including the submission of a wastewater
discharge permit application under section 17.52.030.
2. The Director may issue a wastewater discharge permit under section 17.52.130 or modify
an existing wastewater discharge permit under section 17.52.100 in response to changed
conditions or anticipated changed conditions.
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F. Reports of potential problems.
1, In the case of any discharge,including,but not limited to,accidental discharges,
discharges of a nonroutine,episodic nature,a noncustomary batch discharge,a slug
discharge or slug load,that might cause potential problems for the POTW,the User shall
immediately telephone and notify the Director of the incident. This notification shall
include the location of the discharge,type of waste,concentration and volume,if known,
and corrective actions taken by the User.
2. Within five(5)days following such discharge,the User shall,unless waived by the
Director,submit a detailed written report describing the cause(s)of the discharge and the
measures to be taken by the User to prevent similar future occurrences. Such notification
shall not relieve the User of any expense,loss,damage,or other liability which might be
incurred as a result of damage to the POTW,natural resources,or any other damage to
person or property;nor shall such notification relieve the User of any fines,penalties,or
other liability which may be imposed pursuant to the Wastewater Control Ordinance.
3. A notice shall be permanently posted on the User's bulletin board or other prominent
place advising employees who to call in the event of a discharge described in paragraph
I,above. Employers shall ensure that all employees,who could cause such a discharge
to occur,are advised of the emergency notification procedure.
4. SIUs are required to notify the Director immediately of any changes at its facility
affecting the potential for a slug discharge.
G. Reports from unpermitted Users.
All Users not required to obtain a wastewater discharge permit shall provide appropriate reports
to the Director as the Director may require.
I-I. Notice of violation/repeat sampling and reporting.
If sampling performed by a User indicates a violation,the User must notify the Director within
twenty-four(24)hours of becoming aware of the violation. The User shall also repeat the
sampling and analysis and submit the results of the repeat analysis to the Director within thirty
(30)days after becoming aware of the violation. Resampling by the Industrial User is not
required if the City performs sampling at the User's facility at least once a month,or if the City
performs sampling at the User between the time when the initial sampling was conducted and the
time when the User or the City receives the results of this sampling,or if the City has performed
the sampling and analysis in lieu of the Industrial User. If the City performs the sampling and
52
analysis in lieu of the Industrial User and a violation occurs,the City will perform the repeat
sampling and analysis unless it notifies the User of the violation and requires the User to perform
the repeat sampling and analysis.
I. Notification of the discharge of hazardous waste.
1. Any User who commences the discharge of hazardous waste shall notify the POTW,the
EPA Regional Waste Management Division Director,and State hazardous waste
authorities,in writing,of any discharge into the POTW of a substance which,if otherwise
disposed of,would be a hazardous waste under 40 CFR Part 261. Such notification must
include the name of the hazardous waste as set forth in 40 CFR Part 261,the EPA
hazardous waste number,and the type of discharge(continuous,batch,or other). If the
User discharges more than one hundred(100)kilograms of such waste per calendar
month to the POTW,the notification also shall contain the following information to the
extent such information is known and readily available to the User: an identification of
the hazardous constituents contained in the wastes,an estimation of the mass and
concentration of such constituents in the wastestream discharged during that calendar
month,and an estimation of the mass of constituents in the wastestream expected to be
discharged during the following twelve(12)months. All notifications must take place no
later than one hundred and eighty(180)days after the discharge commences. Any
notification under this paragraph need be submitted only once for each hazardous waste
discharged. However,notifications of changed conditions must be submitted under
section 17.52.160.E. The notification requirement in this section does not apply to
pollutants already reported by Users subject to categorical Pretreatment Standards under
the self-monitoring requirements of sections 17.52.160.A,C,and D.
2. Dischargers are exempt from the requirements of paragraph 1,above,during a calendar
month in which they discharge no more than fifteen(15)kilograms of hazardous wastes,
unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d)and
261.33(e). Discharge of more than fifteen(15)kilograms of nonacute hazardous wastes
in a calendar month,or of any quantity of acute hazardous wastes as specified in 40 CFR
261.30(d)and 261.33(e),requires a one-time notification. Subsequent months during
which the User discharges more than such quantities of any hazardous waste do not
require additional notification.
3. In the case of any new regulations under section 3001 of RCRA identifying additional
characteristics of hazardous waste or listing any additional substance as a hazardous
waste,the User must notify the Director,the EPA Regional Waste Management Waste
Division Director,and State hazardous waste authorities of the discharge of such
substance within ninety(90)days of the effective date of such regulations.
53
4, In the case of any notification made under this section,the User shall certify that it has a
program in place to reduce the volume and toxicity of hazardous wastes generated to the
degree it has determined to be economically practical.
5. This provision does not create a right to discharge any substance not otherwise permitted
to be discharged by this ordinance,a permit issued thereunder,or any applicable Federal
or State law.
17.52.170: ANALYTICAL REQUIREMENTS:
A. All pollutant analyses,including sampling techniques,to be submitted as part of a
wastewater discharge permit application or report shall be performed in accordance with
the techniques prescribed in 40 CFR Part 136"Guidelines Establishing Test Procedures
for the Analysis of Pollutants,and amendments thereto,unless otherwise specified in an
applicable categorical Pretreatment Standard. If 40 CFR Part 136 does not contain
sampling or analytical techniques for the pollutant in question,or where the EPA
determines that the Part 136 sampling and analytical techniques are inappropriate for the
pollutant in question,sampling and analyses shall be performed by using validated
analytical methods or any other applicable sampling and analytical procedures,including
procedures suggested by the Director or other parties approved by EPA.
B. All laboratory samples collected for this ordinance shall be analyzed by a laboratory that
is either certified by the Utah Bureau of Laboratory Improvements or approved by the
Director. (Ord.36-93§7,1993:prior code§37-5-7)
17.52.180: SAMPLE COLLECTION:
Samples collected to satisfy reporting requirements must be based on data obtained through
appropriate sampling and analysis performed during the period covered by the report,based on
data that is representative of conditions occurring during the reporting period.
A. Except as indicated in sections B and C below,the User must collect wastewater samples
using 24-hour flow-proportional composite sampling techniques,unless time-proportional
composite sampling or grab sampling is authorized by the Director. Where time-proportional
composite sampling or grab sampling is authorized by the City,the samples must be
representative of the discharge. Using protocols(including appropriate preservation)
specified in 40 CFR Part 136 and appropriate EPA guidance,multiple grab samples collected
during a 24-hour period may be composited prior to the analysis as follows: For cyanide,
total phenols,and sulfides the samples may be composited in the laboratory or in the field;
for volatile organics and oil and grease,the samples may be composited in the laboratory.
Composite samples for other parameters unaffected by the compositing procedures as
54
documented in approved EPA methodologies may be authorized by the City,as appropriate.
In addition,grab samples may be required to show compliance with instantaneous limits.
B. Samples for oil and grease,temperature,pH,cyanide,total phenols,sulfides,and volatile
organic compounds must be obtained using grab collection techniques.
C. For sampling required in support of baseline monitoring and 90-day compliance reports
required in section 17.52.160.A and C a minimum of four(4)grab samples must be used for
pH,cyanide,total phenols,oil and grease,sulfide and volatile organic compounds for
facilities for which historical sampling data do not exist;for facilities for which historical
sampling data are available,the Director may authorize a lower minimum. For the reports
required by section 17.52.160.D,the Industrial User is required to collect the number of grab
samples necessary to assess and assure compliance by with applicable Pretreatment
Standards and Requirements.
17.52.190: DATE OF RECEIPT OF REPORTS:
For written reports that are mailed through a mail facility serviced by the United State Postal
Service,such reports will be deemed to have been submitted on the date postmarked. For written
reports that are shipped using other common reliable carriers,the carrier's pickup or ship date
will be deemed the submittal date. If a postmark or pickup/ship date is not available,the date of
receipt of the report shall govern.
17.52.200: RECORDKEEPING:
Users subject to the reporting requirements of this ordinance shall retain,and make available for
inspection and copying by the Director,all records of information obtained pursuant to any
monitoring activities required by this ordinance,any additional records of information obtained
pursuant to monitoring activities undertaken by the User independent of such requirements,and
documentation associated with BMPs established under section 17.36.090.E. Records shall
include the date,exact place,method,and time of sampling,and the name of the person(s)taking
the samples;the dates analyses were performed;who performed the analyses;the analytical
techniques or methods used;and the results of such analyses. These records shall remain
available for a period of at least five(5)years. This period shall be automatically extended for
the duration of any litigation concerning the User or the City,or where the User has been
specifically notified of a longer retention period by the Director.
17.52.210: CERTIFICATION STATEMENTS:
A. Certification of permit applications,User reports and initial monitoring waiver—The
following certification statement is required to be signed and submitted by Users submitting
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permit applications in accordance with section 17.52.020;Users submitting baseline
monitoring reports under section 17.52.160,A.5;Users submitting reports on compliance
with the categorical Pretreatment Standard deadlines under section 17.52.160.C;Users
submitting periodic compliance reports required by section 17.52.160.D.1-4,and Users
submitting an initial request to forego sampling of a pollutant on the basis of section
17.52.160.D.2 d.The following certification statement must be signed by an authorized
representative as defined in section 17.32.080:
I certify under penalty of law that this document and all attachments were prepared under
my direction or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry
of the person or persons who manage the system,or those persons directly responsible for
gathering the information,the information submitted is,to the best of my knowledge and
belief,true,accurate,and complete. I am aware that there are significant penalties for
submitting false information,including the possibility of fine and imprisonment for
knowing violations.
B. Annual certification for Non-Significant Categorical Industrial Users—A facility determined
to be a Non-Significant Categorical Industrial User by the Director pursuant to sections
17.32.570.0 and 17.52.050.C,must annually submit the following certification statement
signed in accordance with the signatory requirements in section 17.32.080. This certification
must accompany an alternative report required by the Director:
Based on my inquiry of the person or persons directly responsible for managing
compliance with the categorical Pretreatment Standards under 40 CFR I certify
that,to the best of my knowledge and belief that during the period from
to , [months,days,year]:
(a)The facility described as
[facility name]met the definition of a Non-Significant Categorical Industrial User as
described in section 17.32.570 C;
(b)The facility complied with all applicable Pretreatment Standards and requirements
during this reporting period;and
(c)The facility never discharged more than 100 gallons of total categorical wastewater on
any given day during this reporting period.
This compliance certification is based on the following information.
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C. Certification of Pollutants Not Present
Users that have an approved monitoring waiver based on section 17.52.160.D.2 must certify on
each report with the following statement that there has been no increase in the pollutant in its
wastestream due to activities of the User.
Based on my inquiry of the person or persons directly responsible for managing
compliance with the Pretreatment Standard for 40 CFR [specify applicable
National Pretreatment Standard part(s)],I certify that,to the best of my knowledge and
belief,there has been no increase in the level of [list pollutant(s)]in the
wastewaters due to the activities at the facility since filing of the last periodic report
under section 17.52.160.D.
17.52.220: MONITORING FACILITIES FOR INDUSTRIAL USERS:
A. The Director may require the Industrial User to provide and operate,a control manhole or
sample box or other monitoring equipment at the owner's expense approved by the Director,
at a point to be determined by the POTW where representative samples of all regulated
discharges from the industry can be collected and flow measurements accurately made as
necessary. The monitoring facilities shall be situated on the User's premises or such other
location as allowed by the POTW. The POTW will be allowed to use these monitoring
facilities to sample at any time and without notice in accordance with Section 17.52.230.
B. There shall be ample room in or near such monitoring manhole or facility to allow accurate
sampling and preparation of samples for analysis. The facility's sampling and monitoring
equipment shall be maintained at all times in a safe and proper operating condition at the
expense of the User. All devices used to measure wastewater flow and quality shall be
periodically calibrated as specified by the Director to ensure their accuracy,but at a
minimum,the calibration shall occur per the manufacture's requirements.
C. Any temporary or permanent obstruction to safe and easy access to the facility to be
inspected and/or sampled shall be promptly removed by the User at the written or verbal
request of the Director and shall not be replaced. The costs of clearing such access shall be
borne by the User.
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D.An industrial User may be required to provide at their expense a city approved
instantaneous and totalizing approved flow meter on their industrial discharges if deemed
necessary by the Director.
E. Whether constructed on public or private property,the sampling and monitoring facilities
shall be provided in accordance with the POTW's requirements and all applicable local
construction standards and specifications. The construction schedule shall be submitted to
the POTW for prior approval,and construction shall be completed within a time specified by
written notification from the POTW.
17.52.230: RIGHT OF ENTRY;INSPECTION AND SAMPLING:
The Director or the Duly Authorized Representatives shall have the right to enter the premises of
any User to determine whether the User is complying with all requirements of this ordinance and
any wastewater discharge permit or order issued hereunder. All Users shall allow the Director or
the Duly Authorized Representatives ready access to all parts of the premises for the purpose of
inspection,sampling,records examination and copying,and/or in the performance of any of its
duties.
A. Identification shall be provided by the Director for all inspectors or other authorized
personnel and these personnel shall identify themselves when entering any property for
inspection purposes or when inspecting the work of any contractor.
B. The POTW or other authorized regulatory agencies shall have the right to set upon the User's
property or any other representative location such devices as are deemed necessary to
conduct sampling inspection,compliance monitoring and/or metering of the User's
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 delay,for the purposes
of performing their specific responsibilities.
D. Unreasonable delays in allowing the Director access to the User's premises shall be a
violation of this ordinance. (Ord.36-93§7,1993:prior code§37-5-4)
17.52.240: SEARCH WARRANT:
If the Director or duly authorized officer or agent of the POTW has been refused access to a
building,structure,or property,or any part thereof,and is able to demonstrate probable cause to
58
believe that there may be a violation of the Wastewater Control Ordinance,or that there is a need
to inspect and/or sample as part of a routine inspection and sampling program of the City
designed to verify compliance with the Wastewater Control Ordinance or any permit or order
issued hereunder,or to protect the overall public health,safety and welfare of the community,the
Director may seek issuance of a search warrant from the Third District Court of the State of
Utah. (Ord.36-93§7,1993:prior code§37-5-6)
17.52.250: CONFIDENTIAL INFORMATION AND TRADE SECRETS:
Information and data on a User obtained from reports,surveys,wastewater discharge permit
applications,wastewater discharge permits,and monitoring programs,and from the Director's
inspection and sampling activities,shall be available to the public without restriction,unless the
User specifically requests,and is able to demonstrate to the satisfaction of the Director,that the
release of such information would divulge information,processes,or methods of production
entitled to protection as trade secrets under the provisions of the Utah Government Records
Access and Management Act(GRAMA)or other applicable State law. Any such request must
be asserted at the time of submission of the information or data. When requested and
demonstrated by the User furnishing a report that such information should be held confidential,
the portions of a report which might disclose trade secrets or secret processes shall not be made
available for inspection by the public,but shall be made available immediately upon request to
governmental agencies for uses related to the UPDES program or pretreatment program,and in
enforcement proceedings involving the person furnishing the report. Wastewater constituents
and characteristics and other effluent data,as defined at 40 CFR 2.302 shall not be recognized as
confidential information and shall be available to the public without restriction. (Ord.36-93 §7,
1993:prior code§37-5-9)
17.52.260: PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE:
A. The POTW shall,publish annually,providing public notification in the largest daily
newspaper published in Salt Lake City,of all Industrial Users which were in significant
noncompliance with applicable Pretreatment Standards and Requirements at any time during
the previous twelve(12)month reporting period. 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.
B. The term Significant Noncompliance as defined in section 17.32.580 shall be applicable to
all Sills(or any other Industrial User that violates paragraph C,D or H of 17.32.580).
(Ord.72-98§10,1998:Ord.36-93§7,1993:prior code§37-5-8)
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17.52.270: FEES:
A. The fees provided for in this section are separate and distinct from all other fees chargeable
by the City. All fees shall become immediately due and owing to the City upon receipt of
invoice for rendition of services or expenditure by the City and shall become delinquent if
not fully paid within 45 days after receipt.
B. Permit Fees: Each wastewater discharge permit application filed pursuant to the Wastewater
Control Ordinance shall be accompanied by an application fee. The fees for these services
are listed in a separate document entitled"Salt Lake City Consolidated Fee Schedule". This
document is incorporated in this chapter by reference.
C. Fees for City sampling and laboratory analyses of wastewater. When the City performs
sampling and contracts with a certified laboratory for the analysis of an Industrial User's
wastewater discharge,the fees for these services are listed in a separate document entitled
"Salt Lake City Consolidated Fee Schedule". This document is incorporated in this chapter
by reference.
D. Fees for demand monitoring,inspections and surveillance: Costs incurred by the City for
demand monitoring,inspection and surveillance procedures necessary as a result of a
violation shall be chargeable and billed to the User whose conduct has necessitated such
activity. The fees for these services are listed in a separate document entitled"Salt Lake City
Consolidated Fee Schedule". This document is incorporated in this chapter by reference.
E. Administrative fees: Fees for administrative efforts such as,but not limited to conciliation
and show cause meetings not otherwise specifically covered in this section,and the result of
an administrative effort brought about as a result of a violation shall be chargeable to the
User whose conduct has necessitated such activity. The fees for these services are listed in a
separate document entitled"Salt Lake City Consolidated Fee Schedule". This document is
incorporated in this chapter by reference.
SECTION 4.Chapter 17.68 of Salt Lake City Code is hereby amended to read as follows:
Chapter 17.68
ENFORCEMENT REMEDIES
17.68.010:NOTIFICATION OF VIOLATION:
Whenever the Director finds that any User has violated or is violating any provision of the
Wastewater Control Ordinance,or any wastewater discharge permit,order,rule or regulation
60
issued or promulgated hereunder,or any other Pretreatment Standard or Requirement,the
Director may serve upon said User a written notice of violation. Such written notice shall be
served in person or by certified mail,return receipt requested. Within ten(10)calendar days
after the receipt of such notice,an explanation for the violation and a plan for the satisfactory
correction and prevention thereof,which shall include specific required actions,shall be
submitted by the User to the Director. Submission of this plan in no way relieves the User of
liability for any violations occurring before or after receipt of the notice of violation. Nothing in
this section shall limit the authority of the Director to take any action,including emergency
actions or any other enforcement action,without first issuing a notice of violation. (Ord.72-98
§16,1998)
17.68.020:CONSENT ORDERS:
The Director is hereby empowered to enter into consent orders,assurances of compliance,or
other similar documents establishing an agreement with any User responsible for noncompliance.
Such orders will include specific action to be taken by the User to correct the noncompliance
within a time period specified by the order. Consent orders shall be judicially enforceable. (Ord.
72-98§16,1998)
17.68.030:SHOW CAUSE HEARING:
The Director may order any User which causes or contributes to violation(s)of any provisions of
the Wastewater Control Ordinance,or any wastewater discharge permit or order,rule or
regulation issued or promulgated hereunder,or any other Pretreatment Standard or Requirement,
to appear before the Director and show cause why a proposed enforcement action should not be
taken. Notice shall be served on the User,which notice shall specify the time and place for the
meeting,the proposed enforcement action,the reasons for such action,and a request that the
User show cause why this proposed enforcement action should not be taken. Such written notice
shall be served in person on any Authorized Representative of the User,or by certified mail,
return receipt requested,at least seven(7)days prior to the hearing. Whether or not the User
appears as ordered,immediate enforcement action may be pursued following the hearing date. A
show cause hearing shall not be a prerequisite for taking any other actions against the User.
(Ord.72-98§16,1998)
17.68.040:COMPLIANCE ORDERS:
When the Director finds that a User has violated or continues to violate any provision of the
Wastewater Control Ordinance,or any wastewater discharge permit,order,rule or regulation
issued or promulgated hereunder,or any other Pretreatment Standard or Requirement,the
Director may issue an order to the User responsible for the violation directing that the User come
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into compliance within a specified time. If the User does not come into compliance within the
time provided,sewer service may be discontinued. Compliance orders may also contain other
requirements to address noncompliance,including additional self-monitoring,and management
practices designed to minimize the amount of pollutants discharged to the POTW. A compliance
order may not extend the deadline for compliance established for a Pretreatment Standard or
Requirement,nor does a compliance order release the User of liability for any violation,
including any continuing violation. Issuance of a compliance order shall not be a prerequisite to
taking any other action against the User. (Ord.72-98§ 16,1998)
17.68.050:CEASE AND DESIST ORDERS:
When the Director finds that a User has violated or continues to violate any provision of
Wastewater Control Ordinance,any wastewater discharge permit,rule,order,or regulation
issued or promulgated hereunder,or any other Pretreatment Standard or Requirement,or that the
User's past violations are likely to recur,the Director may issue an order to the User directing it
to cease and desist all such violations and directing the User to:
A. Immediately comply with all requirements;and
B. Take such appropriate remedial or preventive action as may be needed to properly address a
continuing or threatened violation,including halting operations and/or terminating the
discharge. Issuance of a cease and desist order shall not be a bar against or a prerequisite to
taking any other action against the User. (Ord.72-98§ 16, 1998)
17.68.060:ADMINISTRATIVE FINES:
A. Notwithstanding any other section of the Wastewater Control Ordinance,any User found to
have violated,or continues to violate any provision of the Wastewater Control Ordinance,or
any wastewater discharge permit,or order,rule or regulation issued or promulgated
hereunder,or any other Pretreatment Standard or Requirement,may be fined in an amount
not greater than ten thousand dollars($10,000.00)per day,as determined by the Director in
his reasonable discretion. Such fines shall be assessed on a per day,per violation basis. In
the case of monthly or other long term average discharge limits,fines shall be assessed for
each day during the period of violation. In determining the amount of civil liability,the
director shall take into account all relevant circumstances,including,but not limited to,the
extent of harm caused by the violation,the magnitude and duration of the violation,any
economic benefit gained through the User's violation,corrective actions by the User,the
compliance history of the User,and any other factor as justice requires.
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B. The POTW may charge a User for the costs of preparing administrative enforcement actions,
such as notices and orders,which charge may be assessed whether or not a fine under
subsection A of this section is also imposed. The POTW may recover reasonable attorneys'
fees,court costs,and other expenses associated with enforcement activities,including
sampling and monitoring expenses,and the cost of any actual damages incurred.
C. Assessments for fines and/or administrative costs may be added to the User's next scheduled
sewer service charge,and the Director shall have such other collection remedies as may be
available for other service charges and fees.
D. Unpaid charges,fines,assessments and penalties shall,after sixty(60)calendar days,be
assessed an additional penalty of ten percent(10%)of the unpaid balance. Thereafter,
interest on any unpaid balances,including penalties,shall accrue at a rate of one percent
(1%)per month. A lien against the individual User's property will be sought for unpaid
charges,fines,and penalties.
I. Users desiring to dispute such fines or assessments must file a written request for the
Director to reconsider the fine or assessment,along with full payment thereof within thirty
(30)days of being notified of the fine or assessment. The Director may convene a hearing on
the matter within fourteen(14)days of receiving the request from the User. In the event the
User's appeal is successful,any amounts paid by the User to the POTW shall be returned to
the User,without interest.
F. The imposition of an administrative fine,assessment or other charge shall not be a
prerequisite for or bar against taking any other action against the User. (Ord.72-98§16,
1998)
17.68.070: EMERGENCY SUSPENSIONS:
The Director may order the immediate suspension or shutoff of a User's discharge(after informal
notice to the User),whenever such suspension or shutoff is necessary in order to stop an actual or
threatened discharge which reasonably appears to present or cause a risk of an imminent or
substantial:a)damage to the POTW,b)endangerment to the health or welfare of any residents of
the POTW,c)Interference with the operation of the POTW,or d)endangerment to the
enviromnent. Any User notified of a suspension of its discharge shall immediately stop or
eliminate its contribution. In the event of a User's failure to immediately comply voluntarily
with the suspension order,the Director shall take such steps as deemed necessary,including
immediate severance of the sewer connection,to enforce such order. The Director may allow the
User to recommence its discharge when the User has demonstrated to the satisfaction of the
Director that the period of endangerment has passed,unless the termination proceedings set forth
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in section 17.68.080 are initiated against the User. A User that is responsible,in whole or in
part,for any discharge presenting imminent endangerment,shall submit to the Director a detailed
written statement describing the causes of the harmful contribution and the measures taken to
prevent any future occurrence,prior to the date of any show cause or termination of discharge
hearing under sections 17.68.030 and 17.68.080. Nothing in this section shall be interpreted as
requiring a hearing prior to any emergency suspension under this section. (Ord.72-98§16,
1998)
17.68.080:TERMINATION OF DISCHARGE:
In concert with the wastewater discharge permit revocation provisions in section 17.52.120,any
User committing any of the following acts or omissions is subject to termination of discharge:
A. Violation of any provisions of the Wastewater Control Ordinance or any wastewater
discharge permit,or order,rule or regulation or any pretreatment standard or requirement,
issued or promulgated hereunder;
B. Failure to accurately report the wastewater constituents and characteristics of its discharge;3
C. Failure to report significant changes in operations or wastewater volume,constituents and
characteristics prior to discharge;
D. In the event a duly authorized officer or agent of the POTW is refused admission to a User
for any reason,the Director may cause sewer service to the premises in question to be
discontinued until the POTW agents have been afforded reasonable access to the premises
and pretreatment system to accomplish the inspection and/or sampling;
E. Failure to attain compliance within thirty(30)days of issuance of a compliance order under
section 17.68.040;
F. In the event of actual or threatened discharges as described in section 17.68.070 above;
G. Violation of the Pretreatment Standards in section 17.36.020 through 110.
The User will be notified of the proposed termination of its discharge and be offered an
opportunity to show cause under section 17.68.030 why the proposed action should not be taken.
Exercise of this option by the Director shall not be a bar to,or a prerequisite for,taking any other
action against the User. (Ord.72-98§ 16,1998)
17.68.090:INJUNCTIVE RELIEF:
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Whenever a User has violated a pretreatment standard or requirement or continues to violate any
provisions of the Wastewater Control Ordinance,or any wastewater discharge permit,or order,
rule or regulation issued or promulgated hereunder,or any other Pretreatment Standard or
Requirement,the Director may petition the Third District Court of the State of Utah for the
issuance of a temporary or permanent injunction,as appropriate,which restrains or compels the
specific performance of the wastewater discharge permit,or order,rule,regulation or other
requirement imposed by the Wastewater Control Ordinance on activities of the User. In
addition,the City may recover reasonable attorney fees,court costs,and other expenses of
litigation by appropriate legal action against the User found to have violated any provision
hereof,or of any wastewater discharge permit,or order,or any other rule or regulation issued or
promulgated hereunder. Such other action as appropriate for legal and/or equitable relief may
also be sought by the Director including a requirement for the User to conduct environmental
remediation. A petition for injunctive relief need not be filed as a prerequisite to or a bar against
taking any other action against a User. (Ord.72-98§16,1998)
17.68.100:CIVIL PENALTY PASS-THROUGH RECOVERY:
In the event that a User discharges such pollutants which cause the POTW to violate any
conditions of its UPDES permit and the POTW is fined by the EPA,the State of Utah or Salt
Lake County for such violations,then such User shall be fully liable for the total amount of the
fines and civil penalties assessed against the POTW by the EPA or the State of Utah or Salt Lake
County and administrative costs incurred.
A. A User who has violated,or continues to violate,any provision of this ordinance,a
wastewater discharge permit,or order issued hereunder,or any other Pretreatment Standard
or Requirement may be liable to the City for a maximum civil penalty of$10,000 per
violation,per day. In the case of a monthly or other long-term average discharge limit,
penalties shall accrue for each day during the period of the violation.
B. The Director may recover reasonable attorneys'fees,court costs,and other expenses
associated with enforcement activities,including sampling and monitoring expenses,and the
cost of any actual damages incurred by the City.
C. In determining the amount of civil liability,the Court may take into account all relevant
circumstances,including,but not limited to,the extent of harm caused by the violation,the
magnitude and duration of the violation,any economic benefit gained through the User's
violation,corrective actions by the User,the compliance history of the User,and any other
factor as justice requires.
65
it
D. Filing a suit for civil penalties shall not be a bar against,or a prerequisite for,taking any
other action against a User.(Ord.72-98§16,1998)
17.68.110: REFERRAL TO STATE OF UTAH FOR ACTION;CRIMINAL
PROSECUTION:
Violations of any Pretreatment Standards,Requirements,or permit conditions may constitute an
offence subject to criminal prosecution. Violations shall be classified no less than a class B
misdemeanor.
A. A User who willfully or negligently violates any provision of the Wastewater Control
Ordinance,a wastewater discharge permit or order issued hereunder,or any other
Pretreatment Standard or Requirement shall,upon conviction,be guilty of a misdemeanor,
punishable by a fine of not more than twenty five thousand dollars,($25,000),per violation,
per day,or imprisonment for not more than six(6)months,or both.
B. A User who willfully or negligently introduces any substance into the POTW which causes
personal injury or property damage shall,upon conviction,be guilty of no less than a class B
misdemeanor and be subject to a penalty of at least twenty five thousand dollars($25,000),
or be subject to imprisonment for not more than six(6)months,or both. This penalty shall
be in addition to any other cause of action for personal injury or property damage available
under State law.
C. A User who knowingly makes any false statements,representations,or certifications in any
application,record,report,plan,or other documentation filed,or required to be maintained,
pursuant to the Wastewater Control Ordinance,wastewater discharge permit or order issued
hereunder,or who falsifies,tampers with,or knowingly renders inaccurate any monitoring
device or method required under this ordinance shall,upon conviction,be punished by a fine
of not more than fifty thousand dollars($50,000),per violation,per day,or imprisonment for
not more than six,(6)months,or both.
D. In the event of a second conviction,a User shall be punished by a fine of not more than fifty
thousand dollars($50,000),per violation,per day,or imprisonment for not more than six,(6)
months,or both.
The POTW may refer to the state criminal violations of any pretreatment standards or permit
conditions. The Utah attorney general's office will offer Salt Lake County the option to
prosecute the violator. Should Salt Lake County decline,the State,at its discretion,may initiate
appropriate criminal action. The POTW shall assist the Utah attorney general's office or Salt
66
Lake County any way it can with appropriate support for the action taken. (Ord.72-98§16,
1998)
17.68.120:PERFORMANCE BONDS:
The Director may decline to reissue a wastewater discharge permit to any User which has failed
to comply with the provisions of this ordinance,or of any previous wastewater discharge permit,
order,rule or regulation issued or promulgated hereunder,unless such User first files a
satisfactory bond,payable to the POTW,in a sum not to exceed a value determined by the
Director to be necessary to achieve consistent compliance. (Ord.72-98§16,1998)
17.68.130:LIABILITY INSURANCE:
The Director may decline to reissue a wastewater discharge permit to any User which has failed
to comply with the provisions of the Wastewater Control Ordinance,or of any previous
wastewater discharge permit or order,rule or regulation issued or promulgated hereunder,or any
other Pretreatment Standard or Requirement,unless the User first submits proof that it has
obtained financial assurances sufficient to restore or repair damage to the POTW caused by its
discharge. (Ord.72-98§ 16,1998)
17.68.140:WATER SUPPLY SEVERANCE:
Whenever a User has violated or continues to violate the provisions of the Wastewater Control
Ordinance,or of any wastewater discharge permit,or order,rule or regulation issued or
promulgated hereunder,or any other Pretreatment Standard or Requirement,water service to the
User may be discontinued. Service will only recommence,at the User's expense,after it has
satisfactorily demonstrated its ability to comply. (Ord.72-98§ 16,1998)
17.68.150:PUBLIC NUISANCES:
Any violation of the provisions of the Wastewater Control Ordinance,or of any individual
wastewater discharge permit,or order,rule or regulation issued or promulgated hereunder,or any
other Pretreatment Standard or Requirement,is hereby declared a public nuisance and shall be
corrected or abated as directed by the Director. Any person(s)creating a public nuisance shall be
subject to the provisions of this code governing nuisances,including reimbursing the City for
any costs incurred in removing,abating or remedying said nuisance. (Ord.72-98§ 16,1998)
17.68.160:CONTRACTOR LISTING:
Users which are found to be in significant noncompliance with any provisions of the Wastewater
67
Control Ordinance,or of any wastewater discharge permit,or order,rule or regulation issued or
promulgated hereunder,or any other Pretreatment Standard or Requirement,are not eligible to
receive a contractual award for the sale of goods or services to the POTW. Existing contracts for
the sale of goods or services to the POTW held by a User found to be in significant
noncompliance with any provisions of the Wastewater Control Ordinance,or of any wastewater
discharge permit or order,rule or regulation issued or promulgated hereunder,or any other
Pretreatment Standard or Requirement,may be terminated at the discretion of the POTW. (Ord.
72-98§ 16,1998)
17.68.170: REMEDIES NONEXCLUSIVE:
The remedies provided are not exclusive remedies. The Director reserves the right to take any,
all,or any combination of these actions against a noncompliant User. Enforcement of
pretreatment violations will generally be in accordance with the City's Enforcement Response
Plan. However,the Director reserves the right to take other action against any User when the
circumstances warrant. Further,the Director is empowered to take more than one enforcement
action against any noncompliant User. These actions may be taken concurrently. (Ord.72-98
§16,1998)
SECTION 5.Chapter 17.69 of Salt Lake City Code is hereby amended to read as follows:
Chapter 17.69
AFFIRMATIVE DEFENSES
17.69.010: UPSET:
A. For the purposes of this section,"upset"means an exceptional incident in which there is
unintentional and temporary noncompliance with categorical Pretreatment Standards because
of factors beyond the reasonable control of the User. An upset does not include
noncompliance to the extent caused by operational error,improperly designed treatment
facilities,inadequate treatment facilities,lack of preventive maintenance,or careless or
improper operation.
B. An upset shall constitute an affirmative defense to an action brought for noncompliance with
categorical Pretreatment Standards if the requirements of subsection C of this section are
met.
C. A User who wishes to establish the affirmative defense of upset shall demonstrate,through
properly signed,contemporaneous operating logs,or other relevant evidence that:
1. An upset occurred and the User can identify the cause(s)of the upset;
68
2. The facility was at the time being operated in a prudent and workmanlike manner and in
compliance with applicable operation and maintenance procedures;
3. The User has submitted the following information to the Director and treatment plant
operator within twenty four(24)hours of becoming aware of the upset(if this
information is provided orally,a written submission must be provided within 5 days):
a. A description of the indirect discharge and cause of noncompliance;
b. The period of noncompliance,including exact dates and times or,if not corrected,the
anticipated time the noncompliance is expected to continue;and
c. Steps being taken and/or planned to reduce,eliminate and prevent recurrence of the
noncompliance.
D. In any enforcement proceeding,the User seeking to establish the occurrence of an upset shall
have the burden of proof.
E. Users shall have the opportunity for a judicial determination on any claim of upset only in an
enforcement action brought for noncompliance with categorical Pretreatment Standards.
F. The User shall control production of all discharges to the extent necessary to maintain
compliance with categorical Pretreatment Standards upon reduction,loss,or failure of its
treatment facility until the facility is restored or an alternative method of treatment is
provided. This requirement applies in the situation where,among other things,the primary
source of power of the treatment facility is reduced,lost or has failed. (Ord.72-98§ 17,
1998)
17.69.020: PROHIBITED DISCHARGE STANDARDS:
A User shall have an affirmative defense to an enforcement action brought against it for
noncompliance with the general and specific prohibitions in section 17.36.060,with the
exception of the fire or explosion hazards or low pH,listed in section 17.36.60.B.2 and B.5,if it
can prove that it did not know or have reason to know that its discharge,alone or in conjunction
with discharges from other sources,would cause Pass Through or Interference and that either:
A. A local limit exists for each pollutant discharged and the User was in compliance with each
limit directly prior to,and during,the Pass Through or Interference,or
69
B. No local limit exists,but the discharge did not change substantially in nature or constituents
from the User's prior discharge when the POTW was regularly in compliance with its
UPDES permit,and in the case of Interference,was in compliance with applicable sludge use
or disposal requirements. (Ord.72-98§17,1998)
17.69.030:BYPASS:
A. For the purposes of this section:
BYPASS means the intentional diversion of waste streams from any portion of a User's
treatment facility.
SEVERE PROPERTY DAMAGE means substantial physical damage to property,damage to
the treatment facilities which causes them to become inoperable,or substantial and
permanent loss of natural resources which can reasonably be expected to occur in the absence
of a bypass. Severe property damage does not mean economic loss caused by delays in
production.
B. Conditions To Allow Bypass: A User may allow any bypass to occur which does not cause
Pretreatment Standards or Requirements to be violated,but only if it also is for essential
maintenance to assure efficient operation. These bypasses are not subject to the provision of
subsections C and D of this section.
C. Bypass Notification:
1. If a User knows in advance of the need for a bypass,it shall submit prior notice to the
Director,at least ten(10)days before the date of the bypass if possible.
2. A User shall submit oral notice of an unanticipated bypass that exceeds applicable
Pretreatment Standards to the Director within twenty four(24)hours from the time it
becomes aware of the bypass. A written submission shall also be provided within five(5)
days of the time the User becomes aware of the bypass. The written submission shall
contain a description of the bypass and its cause;the duration of the bypass,including
exact dates and times and,if the bypass has not been corrected,the anticipated time it is
expected to continue. The User shall also set forth in writing the steps taken or planned
to reduce,eliminate,and prevent reoccurrence of the bypass. The Director may waive
the written report on a case by case basis if the oral report has been received within
twenty four(24)hours.
D. Bypass Prohibition;Exception:
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1. Bypass is prohibited,and the Director may take enforcement action against a User for a
bypass,unless:
a. Bypass was unavoidable to prevent loss of life,personal injury,or severe property
damage;
b. There were no feasible alternatives to the bypass,such as the use of auxiliary
treatment facilities,retention of untreated wastes,or maintenance during normal
periods of equipment downtime. This condition is not satisfied if adequate backup
equipment should have been installed in the exercise of reasonable engineering
judgment to prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance;and
c. The User submitted notices as required under subsection C of this section.
2. The Director may approve an anticipated bypass,after considering its adverse effects,if
the Director determines that it will meet the three(3)conditions listed in subsection D.1
of this section. (Ord.72-98§17,1998)
SECTION 6. This ordinance shall take effect immediately upon the date of its first publication.
Passed by the City Council of Salt Lake City,Utah this 22 day ofNovember
2011.
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C&IRFERSON
1 0ITY
EST:
RECORDER
71
Transmitted to Mayor on Ne vPmhar 5, 9n-1 •
Mayor's Action: j Approved. Vetoed.
MAYOR
IT RECO E ?' '
(SEAL) APPROVED AS TO FORM
Bill No. 68 of 2011 Salt Lake city Attorney's Office
Published: 12-13-11 Date "71•770
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72