072 of 1998 - Wastewater Control and Sewer System0 98-1
0 95-13
SALT LAKE CITY ORDINANCE
No. 72 of 1998
(Amending certain Sections of Division II of Title 17, relating to wastewater control and
the City's sewer system.)
AN ORDINANCE (a) REPEALING SECTIONS 17.64.050, 17.68.010
THROUGH 17.68.140, 17.72.010 AND 17.72.020 OF THE SALT LAKE CITY CODE;
(b) AMENDING SECTIONS 17.32.010, 17.32.530, 17.32.600, 17.36.080, 17.36.090,
17.36.100, 17.36.190, 17.52.140, 17.64.100, 17.64.140 AND 17.72.030 OF THE SALT
LAKE CITY CODE; AND (c) ENACTING NEW SECTIONS 17.64.050, 17.68.010
THROUGH 17.68.140, 17.72.010 AND 17.72.020 OF THE SALT LAKE CITY CODE:
RELATING GENERALLY TO WASTEWATER CONTROL AND THE CITY'S
SEWER SYSTEM; ESTABLISHING MORE EFFECTIVE ENFORCEMENT
REMEDIES; PROVIDING FOR THE ESTABLISHMENT OF LOCAL LIMITS OF
THE ADMINISTRATIVE LEVEL; CLARIFYING CERTAIN PROVISIONS
RELATING TO RATES AND FEE; AND RELATED MATTERS.
Be it ordained by the City Council of Salt Lake City. Utah:
SECTION 1. Section 17.32.010, Salt Lake City Code, is hereby amended to read
as follows:
17.32.010 Short title.
The ordinance codified in Division II of this title shall be known as, and
references in Division II of this title to "this ordinance" shall be deemed to refer to, the
"Salt Lake City Wastewater Control Ordinance."
SECTION 2. There is hereby enacted a new Section 17.32.031 of the Salt Lake
City Code, to read as follows:
17.32.031 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 this ordinance and
administer the wastewater treatment program of the City.
SECTION 3. Section 17.32.530, Salt Lake City Code, is hereby amended to read
as follows:
17.32.530 Significant industrial user.
"Significant industrial user" means any industrial user of the wastewater disposal
system who:
* * *
C. Contributes a process waste stream which makes up five percent (5%) or
more of the average dry weather hydraulic or organic capacity of the POTW treatment
plant; or
D. * * *
E. * * *
Upon a finding that a significant industrial user has no reasonable potential for
adversely affecting the POTW's operations or for violating any pretreatment standard or
requirement, the director may at any time, on his/her initiative or in response to a petition
received from such user or the POTW, and in accordance with 40 CFR 403.8(0(6),
determine that such user is not a significant industrial user.
SECTION 4. Section 17.32.600, Salt Lake City Code, is hereby amended to read
as follows:
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17.32.600 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.
SECTION 5. The title of Chapter 17.36 of the Salt Lake City Code is hereby
changed from "General Regulations" to "General Requirements."
SECTION 6. Section 17.36.080, Salt Lake City Code, is hereby amended to read
as follows:
17.36.080 Prohibited discharges -Specific categories.
10.5;
* * *
B. A user may not contribute the following substances to any POTW:
* * *
3. pH Limits. Any wastewater having a pH of less than 6.0 or greater than
* * *
9. Temperature. Any wastewater having a temperature which exceeds any of
the following:
(a) 120°F at the user's point of discharge;
(b) 104°F at the point of entry to the POTW treatment plant;
(c) a temperature which inhibits biological activity at the POTW treatment
plant; or
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(d) a temperature which may, immediately or over time, cause damage to the
POTW collection facilities.
* * *
12. Oil and Grease. Any wastewater containing petroleum oil, non -
biodegradable cutting oil, products of mineral oil origin or petroleum based grease, in
excess of 100mg/liter. Biodegradable oil or grease may be permitted to 500 mg/liter on a
daily average, but in no case may these products be allowed in amounts that will cause
interference or pass through.
SECTION 7. Section 17.36.090, Salt Lake City Code, is hereby amended to read
as follows:
17.36.090 Local limits.
The director shall establish local limits for each of the following:
Arsenic
Cadmium
Chromium
Copper
Lead
Mercury
Molybdenum
Nickel
Selenium
Silver
Zinc
PH (maximum and minimum)
Total Suspended Solids (TSS)
Chemical Oxygen Demand (COD)
Biochemical Oxygen Demand (BOD)
Oil and Grease (Non -petroleum)
Oil and Grease (Petroleum)
In addition to the foregoing, local limits may be established for any other
substance or measurement category regulated under the pretreatment provisions of the
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Act. All local limits so established by the director shall be subject to the approval of the
Utah Water Quality Board. No user shall discharge wastewater into the POTW which
exceeds the local limits in effect from time to time as so adopted by the director and
approved by the Utah Water Quality Board.
SECTION 8. Section 17.36.100, Salt Lake City Code, is hereby amended to read
as follows:
17.36.100 Grease, oil and sand interceptors.
A. 1.
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2. An interceptor shall be of a type and capacity which meets all
applicable standards set forth in the Uniform Plumbing Code, and all standards
adopted by the director, , and shall be located as to be readily accessible for
cleaning by the user and inspection by POTW employees.
***
SECTION 9. Section 17.36.190, Salt Lake City Code, is hereby amended to read
as follows:
17.36.190 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.
SECTION 10. Section 17.52.140, Salt Lake City Code, is hereby amended to read
as follows:
17.52.140 Pretreatment requirements -Publication of enforcement actions.
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C. The POTW shall, on or before March 31 of each calendar year, publish in
a newspaper of general circulation within the boundaries of the POTW, a list of the users
which were in significant noncompliance with any pretreatment requirements or
standards during the previous 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.
SECTION 11. There is hereby enacted a new Section 17.52.160 of the Salt Lake
City Code, to read as follows:
17.52.160 Wastewater Discharge Permit - Revocation.
Wastewater discharge permits may be revoked or terminated for the following
reasons:
A. Failure to notify the City of significant changes to the wastewater prior to
the changed discharge;
B. Failure to provide prior notification to the City of changed condition
pursuant to Section 17.52.140;
C. Misrepresentation or failure to fully disclose all relevant facts in the
wastewater discharge permit application;
D. Falsifying self -monitoring reports;
E. Tampering with monitoring equipment;
F. Refusing to allow the City timely access to the facility premises and
records;
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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;
L. Failure to provide advance notice of the transfer 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 permitted
facility, cessation of operations, or transfer of business ownership.
SECTION 12. Section 17.64.050, Salt Lake City Code, is hereby repealed.
SECTION 13. Section 17.64.100, Salt Lake City Code, is hereby amended to read
as follows:
17.64.100 Responsibility for charges.
The owner of any premises connected to and discharging into the POTW, and any
tenant or other user of such premises, shall be jointly and severally liable for all fees and
charges for sewer service at such premises.
SECTION 14. Section 17.64.140, Salt Lake City Code, is hereby amended to
read as follows:
17.64.140 Delinquent payments -tax lien authority.
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To the extent authorized by Utah law, the POTW may, in addition to any and all
other remedies provided herein, impose a tax lien on the premises being served, to
recover all delinquent fees and charges.
SECTION 15. Section 17.68.010 through 17.68.140, Salt Lake City Code, are
hereby repealed.
SECTION 16. There are hereby enacted new Sections 17.68.010 through
17.68.170 of the Salt Lake City Code, to read as follows:
CHAPTER 17.68. ENFORCEMENT REMEDIES
Sections:
17.68.010
17.68.020
17.68.030
17.68.040
17.68.050
17.68.060
17.68.070
17.68.080
17.68.090
17.68.100
17.68.110
17.68.120
17.68.130
17.68.140
17.68.150
17.68.160
17.68.170
Notification of violation.
Consent orders.
Show cause hearing.
Compliance orders.
Cease and desist orders.
Administrative fines.
Emergency suspensions.
Termination of discharge.
Injunctive relief.
Civil fine pass through recovery.
Referral to State of Utah for action.
Performance bonds.
Liability insurance.
Water supply severance.
Public nuisances.
Contractor listing.
Nonexclusive remedies.
17.68.010 Notification of violation.
Whenever the director finds that any user has violated or is violating any
provision of this ordinance, or any wastewater discharge permit, order, rule or regulation
issued or promulgated hereunder, or any other pretreatment requirement, the director may
serve upon said user a written Notice of Violation. Such written notice shall be served in
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person or by certified mail, return receipt requested. Within five (5) 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 POTW to take any action, including emergency
actions or any other enforcement action, without first issuing a Notice of Violation.
17.68.020 Consent orders.
The director is hereby empowered to enter into consent orders, assurances of
voluntary 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. Consent orders shall have the same force and effect as administrative orders
issued pursuant to Sections 17.68.040 and 17.68.050 below, and shall be judicially
enforceable.
17.68.030 Show Cause Hearing.
The director may order any user which causes or contributes to violation(s) of any
provisions of this 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
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. 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.
17.68.040 Compliance orders.
When the director finds that a user has violated or continues to violate any
provision of this ordinance, or any wastewater discharge permit, rule or regulation issued
or promulgated hereunder, or any other pretreatment standard or requirement, he may
issue an order to the user responsible for the violation directing that the user come into
compliance within thirty (30) days. If the user does not come into compliance within
thirty (30) days, 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 federal 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.
17.68.050 Cease and desist orders.
When the director finds that a user is violating any provision of this ordinance,
any wastewater discharge permit, rule 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:
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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 prerequisite
to taking any other action against the user.
17.68.060 Administrative fines.
A. Notwithstanding any other section of this ordinance, any user found to
have violated any provision of this ordinance, or any wastewater discharge permit, order,
rule or regulation issued or promulgated hereunder, or any other pretreatment standard or
requirement, may be fined in an amount not greater than $10,000 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.
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) is also imposed.
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 (10) percent of the unpaid balance.
Thereafter, interest on any unpaid balances, including penalties, shall accrue at a rate of
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,1 % per month. A lien against the individual user's property will be sought for unpaid
charges, fines, and penalties.
E. 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
shall 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 taking any other action against the user.
17.68.070 Emergency suspensions.
The director may order the immediate suspension or shut-off of a user's discharge
(after informal notice to the user), whenever such suspension or shut-off 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 environment. 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 shall allow the user to recommence its
discharge when the user has demonstrated to the satisfaction of the POTW that the period
of endangerment has passed, unless the termination proceedings set forth in Section
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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.
17.68.080 Termination of Discharge.
In concert with the wastewater discharge permit revocation provisions in Section
17.52.160 of this ordinance, any user committing any of the following acts or omissions
is subject to discharge termination.
A. Violation of any provisions of this ordinance or any wastewater discharge
permit, order, rule or regulation issued or promulgated hereunder;
B. Failure to accurately report the wastewater constituents and characteristics
of its discharge;
C. Failure to report significant changes in operations or wastewater volume,
constituents and characteristics prior to discharge;
D. Refusal of reasonable access to the user's premises for the purpose of
inspection, monitoring or sampling; or
E. Violation of the standards in Chapter 17.36 of this ordinance.
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 of this ordinance why the
proposed action should not be taken.
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17.68.090 Injunctive relief.
Whenever a user has violated a pretreatment standard or requirement or continues
to violate any provisions of this ordinance, or any wastewater discharge permit, order,
rule or regulation issued or promulgated hereunder, or any other pretreatment
requirement, the POTW may petition any court of competent jurisdiction for the issuance
of a temporary or permanent injunction, as appropriate, which restrains or compels the
specific performance of the wastewater discharge permit, order, rule, regulation or other
requirement. In addition, the POTW may recover reasonable attorney's 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, 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 POTW. A petition for injunctive
relief need not be filed as a prerequisite to taking any other action against a user.
17.68.100 Civil fine 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 and administrative costs incurred.
17.68.110 Referral to State of Utah for action.
The POTW may refer to the State of Utah criminal violations of any pretreatment
standards or permit conditions. The Utah Attorney General's office will offer Salt Lake
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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 Lake County any way it can with appropriate
support for the action taken.
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.
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 this ordinance, or of any previous
wastewater discharge permit, order, rule or regulation issued or promulgated hereunder,
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.
17.68.140 Water supply severance.
Whenever a user has violated or continues to violate the provisions of this
ordinance, or of any wastewater discharge permit, order, rule or regulation issued or
promulgated hereunder, 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.
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17.68.150 Public nuisances.
Any violation of the provisions of this ordinance, or of any wastewater discharge
permit, order, rule or regulation issued or promulgated hereunder, 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 the Salt Lake
City Code governing nuisances, including reimbursing the POTW for any costs incurred
in removing, abating or remedying said nuisance.
17.68.160 Contractor listing.
Users which are found to be in significant non-compliance with any provisions of
this ordinance, or of any wastewater discharge permit, order, rule or regulation issued or
promulgated hereunder, 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
this ordinance, or of any wastewater discharge permit, order, rule or regulation issued or
promulgated hereunder, may be terminated at the discretion of the POTW.
17.68.170 Nonexclusive Remedies
The provisions of Sections 17.68.010 through 17.68.160 are not exclusive
remedies. The POTW 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 POTW's enforcement response plan. However, the
POTW reserves the right to take other action against any user when the circumstances
warrant. Further, the POTW is empowered to take more than one enforcement action
against any noncompliant user. These actions may be taken concurrently.
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SECTION 17. There are hereby enacted new Sections 17.69.010 through
17.69.030 of the Salt Lake City Code, to read as follows:
CHAPTER 17.69 AFFIRMATIVE DEFENSES
Sections:
17.69.010 Upset.
17.69.020 General/specific prohibitions.
17.69.030 Bypass.
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) 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 of the upset;
2. The facility was at the time being operated in a prudent and workmanlike
manner and in compliance with applicable operation and maintenance procedures;
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3. The user has submitted the following information to the POTW and
treatment plant operator within 24 hours of becoming aware of the upset (if this
information is provided orally, a written submission must be provided within five (5)
days):
(i) A description of the indirect discharge and cause of
noncompliance;
(ii) The period of noncompliance, including exact dates and times or,
if not corrected, the anticipated time the noncompliance is expected to continue;
and
(iii) 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 will have the opportunity for a judicial determination on any claim
of upset 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.
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17.69.020 General/specific prohibitions.
An user shall have an affirmative defense to an enforcement action brought
against it for noncompliance with the general and specific prohibitions in Chapter 17.36
of this ordinance if it can prove that it did not know or have reason to know that its
discharge, along 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 (b) no local limit exists, but the 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.
17.69.030 Bypass.
A. (1) "Bypass" means the intentional diversion of waste streams from
any portion of a user's treatment facility.
(2) "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. 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.
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C. (1) If a user knows in advance of the need for a bypass, it shall submit
prior notice to the POTW, at least ten 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 POTW within 24 hours from the time it becomes
aware of the bypass. A written submission shall also be provided within 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 POTW may waive the written
report on a case -by -case basis if the oral report has been received within 24 hours.
D. (1) Bypass is prohibited, and the POTW may take enforcement action
against a user for a bypass, unless:
(i)
Bypass was unavoidable to prevent loss of life, personal injury, or
severe property damage;
(ii) 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 back-up 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
(iii) The user submitted notices as required under subsection (C) of this
Section.
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(2) The POTW may approve an anticipated bypass, after considering its
adverse effects, if the POTW determines that it will meet the three conditions listed in
(D)(1) of this Section.
SECTION 18. Section 17.72.010, Salt Lake City Code, is hereby repealed in its
entirety:
SECTION 19. Section 17.72.020, Salt Lake City Code, is hereby repealed in its
entirety:
SECTION 20. Section 17.72.030, $alt Lake City Code, is hereby amended to read
as follows:
17.72.030 Schedule 1-Rates and Fees.
SCHEDULE 1
RATES AND FEES
* * *
C. Sewer Charge.
1. User Service Rate. (a) Each sewer service account shall be charged a
monthly sewer fee equal to the greater of (i) eighty cents ($0.80) per one hundred (100)
cubic feet of metered water usage, as determined below, or (ii) a minimum charge of
three dollars and fifteen cents ($3.15). The average monthly water meter readings during
the consecutive months of November, December, January, February and March
(hereinafter "winter months"), shall be the basis for sewer billings for the twelve-month
period beginning July 1 and ending June 30, immediately following such winter months.
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(b) In cases where little or no water is used during one or more of the winter
months, such that the average metered usage during such winter months cannot be
reasonably assumed to reflect typical monthly usage for an account, the director may use
other consumptive information specific to such account to determine average monthly
minimum usage for sewer billing purposes.
(c) Meter readings for sewer billing purposes shall only include meters which
measure water which may enter the sewer system.
(d) In the case of sewer users whose water usage is based in whole or in part
on water sources other than the City, the city may require installation of a city approved
meter, at the sewer user's expense, on the well(s) or other sources of water supply, for
measurement by the City during the winter months to determine the sewer user's water
use during the winter months.
(e) For each single-family dwelling sewer user using water other than City
water and desiring not to install a water meter as provided above, the director may waive
the meter requirement, in which event the user will be charged for sewer service as
provided in subsection E of this Section.
2. Surcharge. In addition to the User Service Rate set forth above, each user
shall pay the following surcharge, for discharges in excess of the following benchmark
wastewater discharge concentrations:
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Category
Surcharge for each
lb. in excess of
Benchmark Benchmark Discharge
Concentrations Concentration
(mg/liter) ($/lb.)
COD 400 $0.025
BOD 200 $0.050
TSS 250 $0.050
Either a BOD or COD surcharge will be assessed, but not both. Nothing in this
Section 17.72.30(C)(2) shall authorize discharges in excess of the maximum local limit
concentrations established by the director pursuant to Section 17.36.090.
D.
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E. New Sewer Accounts . For new sewer accounts, the following monthly
sewer rates shall apply until the data required by subsection (C)(1) is available:
1. For each single dwelling unit, six dollars and forty cents ($6.40) per
month.
2. For each duplex, six dollars and forty cents ($6.40) per month, per
dwelling unit.
3. For each triplex, six dollars and forty cents ($6.40) per month, per
dwelling unit.
4. For each multiple dwelling, a minimum monthly charge of six dollars and
forty cents ($6.40) per dwelling unit or fifty cents ($.50) per one hundred cubic feet of
total water consumption, whichever is highest.
5. For all other users, a minimum charge of six dollars and forty cents
($6.40) per month or fifty cents ($.50) per one hundred cubic feet of total water
consumption, whichever is higher.
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F.
G.
* * *
SECTION 21. All Section headings and titles shall be amended as appropriate to
reflect the amendments effected by this ordinance.
SECTION 22. Effective Date. This ordinance shall take effect on the date of its
first publication.
Passed by the City Council of Salt Lake City, Utah, this 6 th day of
October
, 1998.
ST AND COUNTERSIGN:
IEF DEPUTY CITY ' C • ,' ER
Approved as to form:
((1(r ._.
Assistant City Attorney
Transmitted to the Mayor on October 6, 1998
Mayor's Action: xx Approved Vetoed
MAYOR
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ATTEST AND COUNTERSIGN:
HIEF DEPUTY CIT RE •RDER
(SEAL)
Bill No. 72 of 1998.
Published: October 21, 1998:
\BC6753\DOCS\Sewerord6-cl ean. doc
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