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053 of 1982 - Amendment of Wastewater Control Ordinance AMENDED JULY 17, 1984 BY ORDINANCES 48 and 49 of 1984. ORDINANCE 48 of 1984: Amending Title 37, Schedule 1 , wastewater control ORDINANCE 49 of 1984: Amending Title 37, relating to sewers, by adding 37-4-17, 37-4-18, 37-4-19, 37-4-20 0 82-66 SAL'[` I.kXE CITY ORDINANCE No. 53 _ of 1982 -. (Wastewater Control Ordinance) AN ORDINANCE COMPLETELY AMENDING '[ITLF, 37 OF THE REVISED ORDINANCES OF SALT LAKE CITY, UTA11, 1965, RELATING TO SE:IERS. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Title 37 of the Revised Ordinances of Salt [,ake City, Utah, relating to sewers, be, and the same hereby is amended to read as follows: TITLE 37 WASTEWATER CONTROL ORDINANCE/RULES AND REGULATIONS Chapters: 1 . GENERAL, PROVISIONS ( 1 ) Short Title (2) Purpose (3) Definitions r (4) Abbreviations { 2. GENERAL REGULATIONS (1 ) Supervision (2) General Prohibitions (3) Commercial Garbage Grinders (4) Federal Categorical Pretreatment Standards (5) Modification of Federal Categorical Pretreatment Standards (6) Specific Pollutant Limitations (7) State Roquirrmunis (8) POTW's Ri11hL of Revision (9) Dilution ProhibiLed ( 10) Injuring Sewer L'rohibitr:d (11 ) Manhole Covers ( 12) Mandatory C011110etiOns (13) Special Ayrceim�nts and Contracts ( 14) Grease, Oil and Sand Interceptors (15) Prohibited Contwct ions ( 16) Cleaning of Sewers - License and Bond Required ( 17) Private Sewage Disposal ( 18) Discontinuance of Service 3. BUILDING SEWERS, CONNECTIONS AND REPAIRS ( 1 ) Separate Connections Required (2) Old Building Sewers (3) Design and Construction (4) Building Sewer Elevation (5) Installation Expenses (6) Connection Requirement (7) Excavation Safeguards for Public (8) Separation from Other Utilities (9) Maintenance Expenses ( 10) Connection of Unlike Pipe ( 11 ) Sewer Specifications ( 12) Pipe to be Free of Defects ( 13) Cleanouts ( 14) Trench Safety ( 15) Test for Leaks ( 16) Specifications for Joint at Point of Connection to POTW Sewer ( 17) Earth Cover Required ( 18) Fee for Opening Sewer if Junction Pipe Not Available ( 19) Fee for Replacing Damaged Junction Connection 4. CONSTRUCTION, CONNECTION AND REPAIR PERMITS ( 1 ) Permit Required (2) Application for Permit ( 3) Additional Fee for Additional Survey and/or Inspection (4) Fee for Repairs and Replacement (5) Permits Must be Procured Before Starting Work (6) Trial Sewer Survey Fee 1 (7) Failure to Remedy Defective Work -2- ( (8) Permit Not 'fransfrrable (9) Work Must be Completed Within 60 Days ( 10) Revocation of Permit ( 11 ) Inspection Required ( 12) Reinspection--Additional Fee ( 13) Survey Stakes Not to be Removed ( 14) Fee for Resetting Stakes ( 15) PermiL Not to issue Until Special Sewer Assess- ment is Paid ( 16) Assessment to be in Addition to Fees 5. WASTEWATER DISCHARGE Pt.1NlI'rS ( 1 ) Authorization Required to Discharge (2) Wastewater Disch<,. .je Permits (3) Reporting Requirements for Permittee (4 ) Monitoring Facilities (5) Inspection / (6) Failure to Permit Inspection (7) Sampling (8) Pretreatment (9) Confidential Information ( 10) Pretreatment Administrative Option 6. FEES AND CHARGES ( 1 ) Purpose (2) Fees and Charges (3) Collection Procedures 7. ENFORCEMENT AND PENALTIES ( 1 ) F.nforCCln-!nt Authori ty (2) Notification of violation (3) Methods of Notification (4) Suspension of Service (5) Permit Revocation (6) Civil r.iability for Expenses (7) Administrative Rv;ni:clies (8) Appeal Procedure -3- (9) Laval Action Authorized ( 10) Criminal Penalty and Fii..•s ( 11 ) Termination of Service ( it) Civil Fine Pass Through ( 13) Falsifyiny Tnfosmation ( 14) Add itionaI Penalties 8. PUMP STATIONS ( 1 ) Sewage Pump Station Areas (2) Withholding of Approval (3) Pumping Station Areas (4 ) Construction of Pumping Stations (5) Costs (6) Method of Payment (7) Property of POTW 9. SUBDIVISION ( 1 ) Approval Required Before Recordation (2) Mobile Park and Subdivision Connections Allowed (3) Mobile Home Compliance Required 10. POTW SEWER CONSTRUCTION ( 1 ) Design and Construction (2) Construction (3) Excavation Safeguards for Public (4) Maintenance Expense (5) Inspection and Approval 11. CONFLICT AND SE'VERAB I I I TY 12. AMENDMEwr vRO(:I:SS Chapter 1 GENERAL PROVISIONS Sections: 37-1-1 . Short Title. 37-1-2. Purpose. 37-1-3. Definitions. 37-1-4. Abbreviations. -4- Sec. 37-1-1 . Short Title. Phis ordinance shall be known as the "Salt fake City Wastewater Control Ordinance/Rules and Regulations". Sec. 37-1-2. Purpose. it is necessary for the health, :safety and welfare of the residents of the PO W to regulate the collection of wastewater and treatment thereof to provide for maximum public benefit. The provisions herein set forth are uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the POTW, and enables the 1101W to comply with all applicable local, state and federal laws. The objectives are: (a) To prevent the introduction of pollutants into the POTW wastewater system which will interfere with the operation of the system or contaminate the resulting 'sludge; (b) To prevent the introduction of pollutants into the POTW wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmos- phere or otherwise be incou,patible with the system; (c) To improve the opportunity to recycle and reclaim wastewaters and sludges from the system; (d) To provide for equitable distribution among users of the cost and operation of the POTW wastewater system; and (c) To provide for and promote the general health, safety and welfare of the citizens residing within the POTW. The provisions herein provide for the regulation of direct and indirect contributors to the 1101a wastewater system through the issuance of permits and through enforcement of general requirements for all users, authorizes monitoring and enforcement activities, require user reporting, ansume that existing user's capability will not be pre-empted, and provide for the setting of fees for the equitable distribution of costs resulting from the program established herein. I -5- ' The previsions herein r:hall apply Co the POTW and to persons .r outside the POTW who are, by contract or agreement with the PO'14, users of the POTW. The provisions herein shall provide for enforcement and penalties for violations. Sec. 37-1-3.. Definitions. Unless the context specifically indicates otherwise, the rollowing terms and phrases, as used in this ordinance., shall have the meanings hereinafter designated: (1) Act or "The Act". The Federal Water Pollution Control Act, P.L. 92-500 also known as the Clean Water Act, including the amendments made by the Clean Water Act of 1977, P.L. 95-217, and any subsequent amendments. (2) Approval Authority. The Director in an NPDES state with an approved state pretreatment program and the Administrator of the EPA in a non-NPDES state or NPDES state without an approved state pretreatment program. (3) Authorized Representative of Industrial User. An authorized representative of an industrial user may be: (a) A principal executive officer of at least the level of vice presi- dent, if the industrial user is a corporation; (b) A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; and (c) A duly-authorized repre- sentative of the individual designated above if such representa- tive is responsible for the overall operation of the facilities from which the indirect discharge originates. (4) Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five (5) days at 20' Centigrade expressed in terms of weight and concentration (milligrams per liter Img/1)). I.aboratory determinations shall be made in accordance with procedures set forth in Standard Methods. (5) Building or Lateral Sewer. 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 POW. A lateral sewer is a building m. sewer. (6) Business Classification Code (BCC) . A classification of dischargers based on the 1972 Standard Industrial Classifica- tion Manual, Bureau of the Bud,3et of the United States of America. (7) Categorical Standards. National Categorical Pretreat- ment Standards or Pretreatment Standard. (8) Chemical Oxygen Demand (COD) . The oxygen equivalent of that portion of organic matter in a wastewater sample that is susceptible to oxidation by a strong chemical oxidant. (9) Chlorine Demand. The amount of chlorine required to produce a free chlorine residual of 0. 1 mg/1 at the end of the contact period on a sample, in conformance with the procedures described in Standard Methods. ( 10) Compatible Pollutant. Biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria; plus any additional pollutants identified in the publicly-owned treatment n work's NPDES permit, where the publicly-owned treatment work is designed to treat such pollutants and, in fact, does treat such pollutants to the degree required by the POTW's NPDES permit. ( 11) Construction Standards. The general construction requirements adopted by the POW for installation of sewerage facilities. ( 12) Contamination. An impairment of the quality of the waters of the State by waste to a degree which creates a hazard to the environment and/or public health through poisoning or through the r.prc.ad of discane, as described in Standard Methods. ( 13) Control Author-. The tt!rm "control authority" shall refer to the "Approval Authority" defined hereinabove; or the Manager, if the POTW has an approved Pretreatment Program under provisions of 40 CFR, 403. 11. ( 14) Cooling Water. The water discharged from any use such as air conditioning, cooling or refrigeration, to which the only -7- pollutant added is feat. ( 15) Direct iiOischarge and Discharge. The discharge of treated or untreat.:rd wastewater directly to the POTW. ( 16) Dischar.-rer. Any lhirson who discharges or causes the discharge of waste rater to a Po'111 sewer system. ( 17) Envirornr..,-.ntal Protection Agency, or EPA. The U.S. F.nvironrnental Prote ction Agency, or where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of said agency. ( 18) Food Pre naration and Processing Establishments. Establishments enga3ed in the preparation of food or drink to be consumed on the pr:arises and/or to be delivered or picked up for resale and/or consL.71.ption. ( 19) Garbage. Shall mean solid wastes from the prepara- tion, cooking and dispensing of food and from handling, storage, and sale of produce. (20) Grab Sam ale. A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time. (21) Bolding rank Sewage. Any wastewater from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, sealed vaults, and vacuum-pump tank trucks. (22) Incompatible Pollutant. All pollutants other than compatible pollutants as defined in sub-paragraph ( 10) of this section. (23) Indirect Dicharge. The discharge or the introduction of non-domestic pollutants from any source regulated under :section 307(b) or (c) of the Art, (33 U.S.C. 1317) , into the POTW ( including holding tank waste discharged into the system). (24) Industrial Urer. Shall mean any users whose activity is listed in the SIC major group, group or industry number, that discharges wastewater from indiist.rial processes to the POTW. (25) Industrial Waste. Solid, liquid or gaseous wastes, including cooling water (except where exempted by NPDES Permit), -8- resulting fran any industrial , manuCacturing or business process, or from the development, recovery or processing of a natural resource. (26) Interference. The inhibition or disruption of the P01r.4 treatment processes or operations or which contributes to a violation of any reguir. „gent of the POTW NPDE:S Permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with 405 of the Act, ( 33 U.S.C. 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA) , the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria (includ- ing those contained in any State sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of treat- ment and disposal or use employed by the POTW. (27) Manager. Shall mean the Director of Public Utilities of the POTW or his designated representative. (28) National Categorical Pretreatment Standard or Pretreatment Standard. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of Industrial User. (291 National Prohibitive Discharge Standard or Prohibitive Discharge Standard. Any regulation developed under the authority of 307(b) of the Act and 40 CFR, Section 403.5. (30) New Source. Any wastewater source commenced after the publication of propo::ed regulations prescribing a section 307(c) (33 U.S.C. 1317) categorical pretreatment standard which will be applicable to such source, if such standard is thereafter promul- gated later than 120 days after proposal , a new source.me.ans.any source, the construction of which is commenced after the date of promulgation of the standard. (31 ) National Pollution Discharge Elimination System or NPUFS Pr_rmit. A permit issued pursuant to section 402 of the Act (33 U.S.C. 1342). -9- ( 32) Person. Any individual , partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the fominine, the singular shall include the plural where indicated by context. (33) 1. The negative logavittun (base 10) of the concentration of hydrogen ions. (34) Pollution or Pollutant. The man-made or man-induced alteration of the chemical, physical, biological, and radiologi- cal integrity of water. including, but not limited to, any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricul- tural waste discharged into water. / (35) Pretreatment or Treatment. The reduction of the 1 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 POW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes by other means, except as prohi- bited by 40 CF'R Section 403.6(d). (36) Pretreatment Rc(luirements. Any substantive or procedural requirement related to pretreatment, other than a National Pretreatment St;jndard impo:;ed on an industrial user. (37) Puhlicly Ownr.d Trvatnv�nt Works (POTW). A treatment works as defined by section 212 of the Act, (33 U.S.C. 1291 ) which is owned by Salt Lake city Corporation having statutory authority to collect and treat ::a:wage. This definition includes any sewers that convey wastewater to the PO1W treatment plant, except building or lateral ::ewers- For the purposes of this i ordinance, PO'1W shall also include any sewers that convey waste- _, -10- water to the 110'114 by persons outside the PO'174 boundaries who are by contract or agreement with the pO'lW actually users of the PO'1W. (36) POTW Govern i nd Au t.hor ice. The term "POTW Governing Authority" ,hall refer to the Governing authority of Salt Lake City, the Mayor, who may appoint the public utility advisory board, or others to hear apprals and make recommendations to him. (39) POTW Treatment Plant. That portion of the publicly owned treatment works designed to provide treatment for waste- water. (40) Receiving Water Quality Requirements. Requirements for the POTW's treatment plant effluent established by POTW or by applicable State or Federal regulatory agencies for the protec- tion of receiving water quality. Such requirements shall include effluent limitations, and waste discharge standards, require- ments, limitations, or prohibitions which may be established or ! adopted from time to time by State of Federal laws or regulatory agencies. (41 ) Sanitary Sewer. 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", "PO.1W sewer" and "sewer". (42) Sewage. The water-borne wastes discharged to the sanitary sewer from buildings for residential, business, institu- tional, and industrial purposes. Wastewater and sewage are synonymous; thus, they are interchangeable. (43) Shall and Will are mandatory; May is permissive. (44) Sicinif. icant ln(lustrial User. Any industrial user of the wastewater disposal system who ( i) has a discharge flow of 50,000 gallons or more within a 24-hour period, or ( ii ) has a flow greater than 102 of the flow in the PO'IW wastewater treat- ment system, or ( iii) has in his wastes, toxic pollutants as defined pursuant to Section 307 of the Act or Utah Statutes and l rules, or ( iv) is found by the 111O7W, Utah State Water Pollution -11- Committee, or the U.S. Vnvironsm!ntal Protection Agency (EPA) to l have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of a sludge, the system's effluent quality, or air emissions generated by the system. (45) Slug. Any discharge of water, sewage or industrial waste which, in concentration of any given constituent or in quantity of flow, exceeds for any one period of duration longer than fifteen ( 15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during the normal operation of the user. (46) Standard Methods. Procedures described in the latest edition of "Standard Methods for the Examination of Water and Wastewater" as published by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation or such other procedures as may be adopted by the PO'1W. (47) State. State of Utah. (48) Standard Industrial Classification (SIC) . A classifi- cation pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972. (49) Storm Sewer. Shall mean a sewer that carries only storm, surface and ground water drainage. (50) Storm Water. Any flow occurring during or following any form of natural precipitation and resulting therefrom. (51 ) Subdivision. The division of a tract, or lot, or parcel of land into three 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 -1 2- one of the lots of a subdivision of which a plat has theretofore been recorded in the office of the county recorder. The word "subdivide" and any derivative thereof shall have reference to the term "suhdivision" as herein defined. (52) Solids. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquids, and which is removable by laboratory filtering in accordance with procedures set forth in Standard Methods. (53) Toxic Pollutant. Any pollutant or combination of pollutants li::ted in Schedule 1 as toxic or in regulations promulgated by the Administrator of the Environmental Protection Agency under Section 307(a) of the Act. (54) User. Any person who contributes, causes or permits the contribution of wastewater in a PO7W. (55) Wastewater. The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, i*ndustr'ial' facilities, and ihstitutibns,' together'witti any infiltrating groundwater, surface water, and storm water that may be present, whether treated or untreated, which enters the POTW. (56) Waters of the State. All streams, lakes, ponds, marshes, water courses, waterways, wells, springs, reservoirs, aquifiers, 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 ul-Aon the State or any portion thereof. (57) Wastewater Discharcje Permit. As set forth in section 5.2 herein. (58) Vi.cosity. ''he property of a fluid that resists internal flow by releasing counteracting forces. (59) Wastewater Strength. The quality of wastewater discharged as measured by its elements, including its constitu- ents and characteristics. Sec. 37-1-4. Abbreviations. The following abbreviations shall have designated mcanin,js: -13- ( 1 ) 110D -Biochemical Oxygen Demand (2) CFR -Code of Federal Regulations (3) p -Centil-poise = 0.01 poise = c.g.s. unit of absolute viscosity gm seex cm. (4) COD -Chemical Oxygen Demand (5) EPA -United States Environmental Protection Agency Or its successor (6) 1 -Liter (7) mom. -Milligrams (8) m /1 -Milligrams per liter (9) NPDES -National Pollutant Discharge Elimination System ( 10) Pow -Publicly Owned Treatment Works (11 ) SIC -Standard Industrial Classification ( 12) SWDA -Solid Waste Disposal Act, 42 USC 6901 , et seq. ( 13) USC -United States Code <. ( 14) TSS -Total Suspended Solids Chapter 2 GENERAL REGULATIONS Sections: 37-2-1 . Supervision 37-2-2. General Prohibitions 37-2-3. Commercial Garbage Grinders 37-2-4. Federal Categorical Pretreatment Standards 37-2-5. Modification of Federal Categorical Pretreat- ment Standards 37-2-6. Specific Pollutant Limitations 37-2-7. State Requirements 37-2-8. POTW's Right of Revision 37-2-9. Dilution Prohibited 37-2-10. Injuring Sewer Prohibited 37-2-11. Manhole Covers -14- ( 37-2-12. Mandatory Connections 37-2-13. Special Agreements and Contracts 37-2-14. Grease, Oil and Sand Interceptors 37-2-15. Prohibited Connections 37-2-16. Repair or Replacument of Sewers--License and Bond Required 37-2-17. Private Sewage Dislx-)sal 37-2-18. Discontinuance of Service Sec. 37-2-1 . Supervision. The POTW shall be supervised and directed by the manager. Sec. 37-2-2. General Provisions. ( 1) Discharge Into POTW. All sewage shall be discharged to public sewers except as provided hereinafter. (2) Discharge of Sewage. No person shall discharge any sewage from any premises within the POTW into and upon any public highway, stream, water course, or public place, or into any drain, cesspool, storm or private sewer, except as provided for hereafter. (3) Prohibited Discharge - Sanitary Sewer. No person shall cause to be discharged or make a connection which would allow any storm water, surface drainage, groundwater, roof run-off, cooling water or other water into any sanitary sewer. No person shall cause any of the above-mentioned waters to be mixed with that person's sewage in order to dilute said sewage. (4) Prohibited Discharge - Storm Sewers. Storm water, surface drainage, subsurface drainage, groundwater, roof run-off, cooling water or unpolluted water inay be admitted to specifically designated storm sewers which have ad,�quate capacity for the acconnudations of said waters. No person shall connect to and/or use sanitary sewers for the above purposes without having first obtained the written consent of the POTW Manager. (5) Prohibited Dischar-les - S >ecpfic Categories. No user shall contribute or cause to be contributed directly or indirectly, any pollutant or wa:,tcwater which will interfere with -15- the operation or performance of the POW. These general prohibi- tions apply to all such users of a POW, whether or not the user is subject to National Categorical Pretreatment Standards or any other national, state, or local Pretreatment Standards or requirements. A u:;er may not contribute the foll -wing substances to any POTW: (a) Fxplosives. Any liquids, solids, or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the PO'1W or to the operation of the POTW. At no time shall two successive readings on any explos-ion hazard meter, at the point of discharge into the system (or at any point in the system) be more than five percent (5%) nor any single reading over ten percent ( 10%) of the Lower Explosive Limit (LEL) of the meter. For a list of specific compounds prohibited, see Schedule 1. ` (b) Solids. Except as allowed in Schedule 1 , CONTROLLED LIMITED POLLUTANTS, solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to: grease, garbage with particles greater than one-quarter inch (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 yrindiny or polishing wastes. (c) pli Limits. Any wastewater having a pH less than 6.0 or more than 9.0. (d) Toxic. Any wastewater containing toxic pollutants in excens of Schedule I CONTROLLED LIMITED POLLUTANTS, either singly or by into-raction with other pollutants, to -16- injure or interfere with any wastewater treatment process, constitute r hazard Lo huinans or animals, create a toxic effect in the receiving waters of the PO'1W, to contaminate the SlUdgC of any P0714 systems, or to exceed the limitation set forth in a Cat!,lorical Pretreatment Standard. A toxic lullutant shall include but not be limited to any pollutant identified pursuant to Section 307( i ) of the Act. (e) Noxious. Any malodorous liquids, gases, or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prr.vent enLry into the sewers for their maintenance and repair. ( f) UnLrea table. Any substance which may cause the POTW's effluent or any other product of the POW, such as residues, sludges, or scums, to be unsuitable for reclama- tion and reuse or to interfere with the reclamation process r where the POW is pursuing a reuse and reclamation ` program. in no case shall a substance discharged to the POW cause the POTW to be in non-compliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the 'toxic Substances Control Act, or State criteria applic- able to the sludge management method being used. (g) t1Pt)t:S Permit violation. Any substances which will cause the POT4 to violate its N1jDI:S and/or State Disposal System Permit or the receiving water quality standards. (h) ohjectionahie Color. Any wastewater with objec- tionable color not removed in the treatment process, such as, but not 1 imi ted to, dye wastes and vegetable tanning solutions. ( i) 'P.j-mIx•rature. t,ny wa:;towater having a temperature which will inhibit hiological ,rctivity in Lite POW treatment -17- plant resulting in interf.er(.nee, or cause temperature at the >� headworks of the PO'1'.1 treatment plant to exceed 104'F. (j) Slug toads. Any pollutants, including oxygen demanding pollutants (BOD, etc.) released at a flow and/or pollutant concentration which a user knows or has reason to know will cause interference to the POW. In no case shall a slug load have a flow rate or contain concentration or qualities of pollutants that exceed for any time period longer than fifteen ( 15) minutes more than five (5) times the average twenty-four (24) hour concentration, quantities, or flow during normal operation. (k) Radioactive. Any wastewater containing any radio- ative wastes or isotope of such halflife or concentration as may exceed limits established by the PO1W Manager in compli- ance with applicable State or Federal regulations. (1) Hazard. Any wastewater which causes a hazard to human life or creates a public nuisance. Sec. 37-2-3. Commercial Garbage Grinders. Mechanically operated commercial grinders for producing properly ground garbage are permitted in establishments engaged in the prepara- tion of commercial food or drink to be consumed on the premises or to be delivered or picked up for consumption off premises. Every such mechanically operated grinder shall be so designed and installed: ( 1 ) rhat it shall discharge wastes at a reasonable uniform rate in fluid form, which shall flow readily through an approved trap, dt.ain line or soil line in a manner which prevents clogging or stoppage of the drain line. (2) That it shall be of such construction and have such operating characteristics that not more than 51 by weight of all material discharged from it shall have any dimension larger than 1/4 inch. Weights shall be determined on a dry basis. (3) That the entire installation shall comply in all particulars with the provisions of the Plumbing and Electrical -18- / Code of Salt rake City and the Stdte of Utah. (4) Additionally, such commercial grinders will operate only with cold water flowing into the grinder and through a sink drain line in such a manner as to congeal and aerate the solid and liquid greases within the grinding unit. The final decision as to the sufficiency of the design to meet these requirements shall rest with the POTW Manager. Sec. 37-2-4. Federal Categorical Pretreatment Standards. Upon the promulgation of the Federal Categorical Pretreatment Standard for a particular industrial subcategory, developed pursuant to 40 CFR, Sec. 403.6, the Federal Standard, if more stringent than limitations imposed herein for sources in that subcategory, shall immediately supersede the limitations imposed herein. The POTW Manager shall notify all affected users of the applicable reporting requirements under 40 CFR, Sec. 403. 12. Sec. 37-2-5. Modification of Federal Categorical Pretreatment Standards. Where the PO'!W's wastewater treatment system achieves consistent removal of pollutants limited by Federal Pretreatment Standards, the POTW may apply to the Approval Authority for modification of specific limits in the Federal Pretreatment Standards. "Consistent removal" shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless :sate in the effluent which is achieved by the system in 95 percent of the samples taken when measured according to the procedures net forth in Section 403.7(c)(2) of (Title 40 of the Code of Federal Regulations, Part 403) - "General Pretreatment Regulations for Existing and New Sources of Pollution" promulgated pursuant to the Act. The POTW may modify pollutant discharge limits in the Federal Pretreatment Standards if the requirements contained in 40 CFR, Part 403, Section 403.7, are fulfilled and prior approval from the Approval Authority is obtained. -19- r Sec. 37-2-6. Six cif is Pollutant I.i in tat ions. No person shall discharge wastewater into the PO'1W containing in excess of the CONTROLVD LIMITED and CONTROLLED ADMISSIBLE POLLUTANTS, as established by the PO'114 from time to time and as set forth in Schedules 1 and 2. Sec. 37-2-7. State Requirements. State requirements and limitations on discharges shall apply in any case where they are more stringent than Federal requirements and limitations or those contained herein. Sec. 37-2-8. PO'lW's Right of Revision. The POTW reserves the right to establish more stringent limitations or requirements on discharges to the wastewater disposal system if deemed neces- sary to comply with the objectives presented in Section 37-1-2 hereof. Sec. 37-2-9. Dilution Prohibited. No user shall ever dilute a discharge as a partial or complete substitute for adequate pretreatment to achieve compliance with the limitations - contained in the Federal Categorical Pretreatment Standards, or in any other pollutant specific limitation developed by the POTW or State. Sec. 37-2-10. Injuring Sewer Prohibited. No person shall injure, break or remove any part or portion of any POTW sewer or system of any sewer appliance or appurtenance without the POTW's prior written consent. Sec. 37-2-11. Manhole Covers. No person shall open any POTW sewer manhole without permission from the POW Manager. Sec. 37-2-12. Mandatory Connections. (1) Connection Required. The owner or his agent of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the POTW boundaries and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a POTW line, is hereby required, at his expense, to install suitable toilet facilities therein, and to connect such facilities directly with the PO1W in -20- r accordance with the provisions herein within ninety (90) days i after date of official notice to do so, provided that said POTW line is within three hundred ( 300) feet of the owner's property line. ( 2) Discontinuance of Privy Vaults, Cesspools, and Septic Tanks. (a) No owner, or his agent, or other person having charge of or occupying any property within 300 feet of a POW sewer shall maintain or use or cause or permit to exist any privy vault, septic tank, or cesspool upon said property. (b) In no case shall any plumbing in any house or building not complying with subparagraph (a) above remain unconnected to any public sewer for more than thirty (30) days after such a sewer is available. (3) Outhouses prohibited. No person shall erect or maintain any outhouse or privy within the POTW boundaries. Sec. 37-2-13. Special Agreements and Contracts. ( 1 ) Special User Agreement. No statement contained in this section shall be construed as prohibiting special written agreements between the POW and any other person allowing industrial waste or wastewater of unusual strength or character to be admitted to the POTW, provided said person compensates the POTW for any additional costs of treatment. Such agreement, however, may not violate any of the specific prohibitions provided herein. (2) Contracts with Other POWs. Whenever the existing sewage treatment capacity is adoduate therefor, the POW may contract with any other organized and established POTW or with any other governmental agency or private enterprise, for the discharge into the MOO from any part or parts of such POTW, or person or persons living outside the boundaries of the PO1W, upon such terms and conditions and for such periods of time as may be deemed reasonable. -21- Sec. 37-2-14. Grease, Oil and Sand Interceptors. (1) From ( and after the effective date of this ordinance, grease, oil, and sand interceptors, as described by the Utah Plumbing Code, shall be required, both for any new or old business where its building is newly constructed, added to, or refurbished to the extent that a building permit is required under the law, for any food processing or preparation establishments, or any other user for the proper handling of liquid wastes containing grease, or any flammable wastes, sand and other harmful ingredients; except that such interceptors shall not be required for dwelling units. All interceptors shall be of a type and capacity approved by the PO.1W Manager according to plans on file in the POTW's office, and shall be located as to be readily accessible for cleaning by user and inspection by POTW employees. (2) All grease, oil, and sand interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, water tight and equipped with easily removable covers which, when bolted in place, shall be gas and water tight. (3) Where installed, all grease, oil, and sand interceptors shall be maintained by the user at his sole expense, in con- tinuous efficient operation at all times. (4) In the event a food processing or preparation establishment installs or has installed a grease, oil and sand interceptor pursuant to this suction, said user shall not be compelled to install a monitoring facility or equipment as set forth in Section 37-5-4 of this ordinance. Sec. 37-2-15. Prohibited Connections. 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 recommendation of the PO'1W Manager and the written approval of the PO.1'W's governing -22- board. Such connection to the 1,O'1'11 shall be made by a person who is either a bonded, state licensed sewer contractor ( license cl.1s:;ification A-8) or plumber ( license classification C-18) who has obtained the necessary :;owor r.nd street permits. Sec. 37•-2-1G. Repair or Replacc-nent of Sewers--IACenSe and Bond Required. ( 1 ) No person not licensed as a plumber or 1iconsod and bonded sewer contractor, pur:;uunt to the requirements hereof, shall enya•je in the business of repair or replacement of a building drain or building sewer, without first obtaining a license or permit from the PO'lW and filing a corporate surety bond with the 11O'rW in an amount to be specified by the P0114, such that the principal and surety shall hold POTW harmless from any and all injuries to persons or damage to property, and particularly to the sewer mains, caused by or through the cleaning or removal of any stoppage in any drain or sewer, and further conditioned that the principal will faithfully observe all ordinances, rules and regulation of said PO'rW t pertaining to plumbing and sewers. (2) the fee for the license or permit herein required shall be set by the POTW's governing body. Sec. 37-2-17. Private Sewage Disposal. ( 1 ) Private Disposal Prohibited. (a) No person shall construct, use or maintain any privy, privy vault, septic tanks, cesspool or other facility intended or used for the dist-o,)sal of sewage within the boundaries of 11O114 where I10114 service is available within 300 feet of the property line of any property upon which any building, privy, privy vault, ;eptic tank, cesspool, or other racility as described above exists. (b) No person :;hall construct, use or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the purpo,.;c of disposal of sewage from any subdivision located within the boundaries of POTW. -23- ' (c) within ninety (g0) clays from the date POTW service becomes available within 300 feet 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. (2) Private Disposal Authorized. (a) where POZW service is not available within the limits Provided in 37-2-17(i ) above, the building's sewer shall be connected to a private sewage disposal system complying with the provisions of the Salt Lake City-County Health Department. (b) Prior to commencement of construction of a private sewage disposal system, the owner or his agent shall first obtain written permission from the POTW for submission to the Salt Lake City-County Health Department. (c) The owner or his agent shall operate and maintain the private sewage disposal facilities at owner's sole expense and in compliance with all applicable federal, state, and local laws, rules and regulations. (d) No statement contained in this section shall be construed to intvrrABre with any additional requirements which may be imposed by the Salt Lake City-County Health Department or the Utah water Pollution Control Committee or the Utah State De_parl:nent of Il(,alth. Sec. 37-2-18. Discontinn;ince 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, said user shall not be responsible for bills incurred after the termination (late specified in said notice. Any unused credit balance in favor of the customer as a result of an advance -24- payment of bills or a deposit will be promptly refunded upon discontinuance of service. Chapter 3 BUILDING SEWERS, COX,%FC•rIONS AND REPAIRS Sections: 37-3-1 . Separate Connections Required 37-3-2. Old Building Sewers 37-3-3. Design and Construction 37-3-4. Building Sewer Elevation 37-3-5. Installation Expenses 37-3-6. Connection Requir-?ment 37-3-7. Excavation Safeguards for Public 37-3-8. Separation from Other Utilities 37-3-9. Maintenance Expenses 37-3-10. Connection of Unlike Pipe 37-3-11 . Sewer Specifications 37-3-12. Pipe to be Free of Defects ( 37-3-13. Cleanouts 37-3-14. Trench Safety 37-3-15. Test for Leaks 37-3-16. Specifications for Joint at Point of Connection to POTW Sewer 37-3-17. Earth Cover Required 37-3-18. Fee for Opening Sewer if Junction Pipe Not Available 37-3-19. F•:e for Replacing Dan;ged Junction Pipe. Sec. 37-3-1. S•:;;ir•3t_e conn,:,:tions Required. Each separate `wilding or prr:mise shall h•3,rc .3 .,;3r,r-ate crinnnetion to the main sr�•wer line, (:xc#;pt w:)t%n do-:ned i,.practicable and so found in writing by the POT'.4 :tanager. Each owner will bear and pay for the maintenance and repair of this building or lateral sewer. Notwithstanding the •:hove, where a dwelling is in the rear of another building and on the same building lot and owned by the same party, the Po'lw :tanager may issue a sewer permit for a -25- multiple connection. Sec. 37-3-2. Old Building Sewers. old building sewers may be used in connection with new buildings only when they are found, on examination and test by the POTW, to meet all require- ments herein, otherwise, old building sewers shall be plugged at the user's expense upon discontinuance of service. The plug in the old building sewer must be approved and an inspection fee will be charged by the POW. Sec. 37-3-3. Design and Construction. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating , placing of the pipe, jointing, testing, and backfilling the trench shall all conform to the requirements of the building and plumbing code or other applicable laws, rules and regulations of federal, state, and local entities, and POTW Construction Standards. Sec. 37-3-4. Building Sewer Elevation. In all buildings where the elevation is too low to permit gravity flow to the POTW sewer, sanitary sewage discharge from such building shall be lifted by a POTW approved means and discharged to the sewer and operated and maintained by the user. Sec. 37-3-5. Installation Expenses. All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the applicant. The applicant shall retain or employ a licensed and bonded sewer contractor or plumber to make connection to and install a sewer. Sec. 37-3-6. Connection R,eduirement. The applicant for the building sewer p.crini t shall notify the POTW Manager when the building sewer is ready for in:p:cti .n and connection to the POTW sewer. The connection shall be iaade under the supervision of the said POW Manager or his representative. The connection of the building sewer to the POTW sewer shall conform to the require- ments of the building and plumbing code or other applicable laws, rules and renlulations of federal , stale and local entities. All such connections shall be made water ti<jht. -26- Sec. 37-3-7. Excavation Safeguards for Public. All excava- tions for building sewer installation shall be adequately guarded by the owner or his representative with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public pr(.)perty disturbed in the course of the work shall be restored by the owner or his representative in a manner satisfactory to the POTW and the street owner. Sec. 37-3-8. Separation from Other Utilities. All utility lines or conduits shall be :separated from the building :.sewer as required by State law. Sec. 37-3-9. Maintenance Expense. All building sewers, including the connection to the PO'lm sewer, shall be maintained by the property owner. Sec. 37-3-10. Connection of Unlike Pipe. Any connection of pipes of unlike materials shall comply with the Utah Plumbing Code and the POTW Construction Standards. Sec. 37-3-11. Sewer Specifications. The size of building sewers, type of pipe allowed, bed and grade of pipe and changes in direction of pipe shall conform to the Utah Plumbing Code and POTW Construction Standards. Sec. 37-3-12. Pipe to be Free of Defects. All pipe shall be sound, free from holes or cracks, without traps, valves or other obstructions which might prevent or retard the free passage of air and sewage. Sec. 37-3-13. Cleanouts. A cleanout "wye" must he located immediately inside the property line. In all cases, the cleanout pipe from the "wye" to the :surface of the finished grade must be iron or other material approved by the POTW Manager, and on a slope of 45 degrees. the cover must be a brass cleanout plug, with a 1-inch high solid wrench head. Additional cleanouts shall be placed a minimum of 50 feet apart along any 4-inch building sewer, and every 100 feet along any 6-inch building sewer, and at all other changes in direction. Cross supports for cl.ianouts shall be 18 inches below the ciciu"ut tupS. No waste or soil -27- shall enter cleanout pipes. A test tee shall be required at or near the property line. Sec. 37-3-14. Trench Safety. Safety for all trench excava- tion and restoration shall be the sole responsibility of the person making the excavation. Sec. 37-3-15. Test for Leaks. All building sewers shall be tested for leaks in the manner prescribed by P01W and in the presence of its inspector. Every joint shall be water tight before acceptance by the inspector. Sec. 37-3-16. Specifications for Joint at Point of Connection to PO'IW Sewer. The connection of the "wye" onto the main sewer shall be entirely surrounded with a collar of a design specified by the POTW Construction Standards. Connection work shall be done only by the PO'i'W, or in the presence of the POTW inspector. The trench shall not be backfilled until the building sewer line has been connected, tested and approved by the POTW ( Inspector. 4 Sec. 37-3-17. Earth Cover Required. No sewer line shall have less than two (2) feet of earth cover at finished grade unless specifically authorized otherwise in writing by the POTW manager. Sec. 37-3-18. Fee for Opening Sewer if Junction Pipe Not Available. Where there is no junction pipe in the POTW sewer at the point where connection is desired to be made, the opening of the said sewer and the installation of the junction pipe will be made by the POIW or its designee, if deemed necessary by the POIN4, upon payment of , fee to cover the cost of the work. Sec. 37-3-19. Fee for Replacing Damaged Junction Pipe. In case the junction pipe to the PO'1W newer is broken off or damaged, it must be replaced. The installing of a new junction pipe will be made by the PO1W or its designee upon payment of a fee to cover the cost of the work. -28- Chal)Ler. 4. . . CONSTRUCTION, CONNECTION AND REPAIR PERMITS Sections: 37-4-1 . Permit Required 37-4-2. Application for Pecmit 37-4-3. Additional Fee for Additional Survey and/or Inspection 37-4-4. Fee for Repairs and Replacement 37-4-5. Permits Must be Procured Before Starting Work 37-4-6. Trial Sewer Survey Fee 37-4-7. Failure to Remedy Defective Work 37-4-8. Permit Not Transferable 37-4-9. Work Must be Completed Within 60 Days 37-4-10. Revocation of Permit 37-4-11. Inspection Required 37-4-12. Reinspection - Additional Fee ( 37-4-13. Survey Stakes Not to be Removed l 37-4-14. Fee for Resetting Stakes 37-4-15. Permit Not to Issue Until Special Sewer Assessment is Paid 37-4-16. Assessment to be in Addition to Fees Sec. 37-4-1 . Permit Required. No person shall commence or carry on the work of lying, repairing, altering, or connecting any building sewer, directly or indirectly, to the PO'iW sewer, without first having received an excavation or sewer connection permit. Sec. 37-4-2. Application for Permit. Application for permits for sewer connections must be made in writing by a licensed ind bonded contractor or plumber, on an application blank furnished by the l'O'PW. Any permit issued shall be subject to the rules and regulations of the 1101W. Sec. 37-4-3. Additional Fee for Additional Survey and/or Inspection. in the event that the PO'IW Manager finds the sewer i connection at the building is not exposed when the inspector -29- visits tile site to determine the elevation, or if the permittee has not given sufficient information when making application for a permit so that the survey can be completed, or if the permittee requests a change in the survey, an additional fee shall be determined and charged by the POTW. Sec. 37-4-4. Fee for Repairs and Replacement. Application for N rmits for sewer repair or replacement of any sewer line must be made in writing by a licensed and bonded sewer contractor or plumber on an application furnished by the POTW Manager. Repair or replacement of any sewer line shall be tested and inspected in accordance with standards set by the POTW. A fee shall be determined and collected by the POTW for each such inspection. Sec. 37-4-5. Permits Must be Procured Before Starting Work. If any work requiring a permit is commenced without the necessary permits first having been obtained therefor, the POTW may immediately issue a stop work order until the proper permits are obtained, and such an offender shall, in addition to any other penalties, be charged double the regular permit fee. Sec. 37-4-6. Trial Sewer Survey Fee. In order to determine the feasibility of connecting a building to the POTW sewer, the property owner, or licensed and bonded plumber or sewer contractor may make an application for a trial sewer survey, the cost of which shall be set by the POTW. Any payment made hereunder does not constitute payment for a permit to connect to the sewer. Such survey shall not be made until the fee is paid in full. Sec. 37-4-7. Failure to Remedy Defective Work. No further permit shall be issued to any licensed and bonded sewer contractor or plumber who has failed to remedy defective work to the satisfaction of the PO'1W Manager after he has been notified in writing. Sec. 37-4-8. Permit Not Transferable. No sewer contractor or plumber shall use or allow his license to be used in any way -30- for the purpose of procuring a permit for any person other than himself, or his duly authorized representative. The duly licensed and bonded sewer contractor or plumber shall be responsible for any and all work done pursuant to the issuance of any permit slucified hereunder, rejardless of whether the work is actually done by said contractor or is duly authorized represen- tative. Sec. 37-4-9. Work Must be Completed Within 60 Days. The work authorized by a permit hereunder shall be done with all possible speed and in accordance with POTW rules and regula- tions. If the work is not completed within 60 days (unless a special extension is granted in writing by the POTW) the permit shall be void, no refund made for such permit, and a new permit must be obtained to finish the work. Sec. 37-4-10. Revocation of Permit. The POTW Manager may, at any time, revoke a permit because of defective work which has not been corrected after written notice and within the time k specified therein by the POTW Manager. Sec. 37-4-11. Inspection Required. The inspection of sewer lines between the POTW sewer main and a building foundation shall be under the direction of the POTW Manager or by his duly authorized inspectors. The POTW shall be notified on a regular working day at least four (4) hours in advance of the time the permittee requests inspection. The entire length of the building sewer, including the junction at the PO114 sewer shall be fully exposed. Any portion of the work not done in accordance with ' these requirements and the instruction of the POTW, or its inspectors, shall be corrected promptly. There shall be no backfilling until the inspection is made and the work accepted. No certificate of inspection shall be issued until the work is satisfactorily performed and accepted. Sec. 37-4-12. Reinspection--Additional Fee. In the event that the insix�ctor finds the connection not in conformity with PO'LW standards, or if any changes are necessary requiring another -31- inspection, a charge to be uet by the POTW shall be collected for each such additional inspection. Sec. 37-4-13. Survey Stakes Not to be Removed. Survey stakes set by the PO'1'W for the ::ewer connection must not be disturbed, removed or covered. Sec. 37-4-14. Fee for Resetting Stakes. In the event that said stakes are not available for the inspector to check the pipeline when inspection is required, he may refuse to make an inspection of the work until stakes have been reset by the POTW and a fee to be set by the POTW has been paid by the permittee for the restaking. Sec. 37-4-15. Permit Not to Issue Until Special Sewer Assessment is Paid. (1) No permit for a sewer connection shall be issued until the POTW has been paid any required assessment or surcharge in addition to the connection fee. (2) The POTW Manager shall maintain a record of the payment of the said assessments and fees, together with survey plats indicating the real property within PO'1W for which said sewer connection assessments and fees have been paid and these records shall be open to public inspection during regular hours of the POTW. Sec. 37-4-16. Assessment to be in Addition to Fees. The payment of any of the assessments or surcharges required by the POTW shall not relieve the owner of the payment of other fees required herein. Chapter 5 WAST.WA'rER DISCRARGE PERMITS Sections: 37-5-1. Authorization Required to Discharge 37-5-2. Wastewater Discharge Permits 37-5-3. Reporting Requirements for Permittee 37-5-4. Monitoring Facilities 37-5-5. Insir ction 37-5-6. Failure to Perjait Inspection -32- 37-5-7. Sampling 37-5-8. Pretreatment 37-5-9. Confidential Information 37-5-10. Pretreatment Administrative Option Sec. 37-5-1 . Authorization Required to Discharge. No person shall discharge wastewater into the POTW without a POTW permit or in any area under the jurisdiction of said POTW, except as authorized by the PO1W Manager in accordance with the provisions hereof. Sec. 37-5-2. Wastewater Discharge Permits. ( 1 ) General Permits. All users now connected or proposing to connect to the POTW shall obtain a Wastewater Discharge Permit before connecting to and/or discharging to the Po-rw. (2) Permit Application. Users required to obtain a Wastewater Discharge Permit shall complete and file with the POTW an application in the form prescribed by the POTW and accompanied by a fee as set forth in the Schedule of Fees for the P0'1W. The Pow may grant permit status to single residential users previously authorized to discharge into the POTW system. All existing significant industrial users shall apply for a Wastewater Discharge Permit prior to June 3, 1983, and proposed new significant industrial users shall apply at least 90 days prior to anticipated connecting to or contributing to the POTW. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information: (a) Name, address, and location of discharge ( if different from the address) ; (b) SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended; (c) Wastewater quantity and quality. Quality characteristics include, but are not limited to, those mentioned in Section 2.2 of this ordinance as determined by a reliable analytical laboratory; sampling and analysis -33- shall be performed in accordance with procedures established by the EPA pursuant to Section 304(h) of the Act and contained in 40 CFR, Part 136, as amended; (d) Time(s) and duration of discharge; (e) Average daily and peak wastewater flow rates, including daily, monthly and seasonal variations, if any; ( f) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by size, location and elevation. If deemed necessary by the PO'r'i4, such plans shall provide for separate systems for handling sanitary and industrial wastewater; (g) Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged; (h) where known, the quantity and specific nature of any pollutants in the discharge which are limited by POW, State or Federal Pretreatment Standards, and a statement iregarding whether or not the pretreatment standards are being met on a consistent basis and, if not, whether additional O & M and/or additional pretreatment is required for the user to meet applicable Pretreatment Standards; ( i) If additional pretreatment and/or O & M will be required to meet the Pretreatment Standards, the schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the' compliance date r:st.abl fished for the applicable Pretreatment requirements. The following conditions shall apply to this schedule: ( 1 ) rile schi-dule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the User to meet the applicable Pretreatment require- ments; -34- (2) No increment referred to in paragraph ( 1 ) t shall exceed nine (9) months; (3) Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the User shall submit a progress report to the POTW Manager including, as a minimum, whether or not User complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the User to return the construction to the schedule established. (j) Any other information as required by the POTW to evaluate the permit application. After evaluation and acceptance of the date furnished, the PO'IW may issue a Wastewater Discharge Permit. (3) Permit Modifications. Upon promulgation of a National Categorical Pretreatment Standard and within the time prescribed thereby, the Wastewater Discharge Permit of Users subject to such standards shall be revised to require compliance therewith. Where a User, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for a Wastewater Discharge Permit, the User shall apply for a Wastewater Discharge Permit within 180 days after notice of the enact.ment of the Applicable National Categorical Pretreatment Standard. The User with an existing Wastewater Discharge Permit shall submit to the PO'1W Manager within 180 days after such notice, the information required by paragraphs (h) and (i) of subsection (2). In addition to the foreyoing, the terms and conditions of the permit shall be subject to modification by the PO'1W during the term of the permit as limitations or requirements are modified or other just cause_ exists. Any changes or new conditions in the permit shall include a reasonable time schedule for conpliance, as determined by the PO'PW Manager. -35- I (4) Permit Conditions. Wastewater Discharge Permits shall be expressly subject to all provisions hereof and all other applicable regulations, user charges and fees established by the POW. Permits may contain, but conditions are not limited to, the following: (a) Payment of the then current unit charge or schedule of user charges and fees for the wastewater to be discharged to a PO'LW sewer; (b) Limits on the avcrwge and maximum wastewater constituents and characteristics; (c) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization; (d) Requirements for installation and maintenance of inspection and sampling facilities; (e) Specifications for monitoring programs which may ( include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule; (f) Compliance schedules; (g) Requirements for submission of technical reports or discharge reports; (h) Requirements for maintaining and retaining records relating to wastewater discharge as specified by the POTW, and affording PO'1'W access thereto; (i) lequirements for notification of the POW of any new introduction of wastewater constituents or any .substantial change in the volume or character of the waste- water constituents being introduced into the wastewater treatment system; (j) Requirements ror notification of slug discharges; (k) 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 j I interference or a potential interference with the P0.1W, that -36- the industrial w,,s trwa ter could be severed, preventing discharge into the 11O1W and still allowing the user's sanitary wastewater to discharge into the POTW, (1) Each industrial user shall provide protection from accidental discharge to the POTW of prohibited materials or other substances regulated herein. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the industrial user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the PO1W for review, and shall be approved by the POTW before construction of the facility. All existing industrial users shall complete such a plan by June 30, 1983. No industrial user who commences discharge to the POTW after the effective date hereof shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the POTW. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the industrial user's facility as necessaryto meet the requirements hereof. In the case of an accidental discharge, it is the responsibility of the industrial user to immediately telephone and notify the POTW of the inci- dent. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions. (1) Written Notice. Within five (5) days following an accidental discharge, the industrial user shall submit to the POTW Manager a detailed written report describing the cause of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall / not relieve the industrial user ut any expense, loss, i damage, or other liability which may be incurred as a -37- result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such notifica- tion relieve the industrial user of any fines, civil penalties, or other liability which may be imposed by this article or other applicable law. (2) Notice to Employees. A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees who to call in the event of a dangerous discharge. Fmployers shall insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure. (m) Other conditions as deemed appropriate by the P01w. (5) Permit Duration. A Wastewater Discharge Permit for a single residential user shall remain in effect until terminated by the POTW. All other permits shall be issued for a specified time period, not to exceed five (5) years. A permit may be issued for a period less than a year or may be stated to expire on a specified date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. Any permit may be cancelled or terminated for failure to comply with the requirements hereof. (6) Permit Transfer Prohibited. A Wastewater Discharge Permit shall not be sold, traded, assigned, transferred, or sublet. Sec. 37-5-3. Reporting Requirements for Permittee. ( 1 ) Compliance Date Report. Within ninety (90) days following the date for final compliance with applicable Pretreatment Standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any User subject to Pretreatment Standards and Requirements shall submit to the POTW Mdm„jer a rtlx)rt indicating the nature and concentration of all pol' itants in the discharge from the regulated process which are -38- limited by Pretreatment Standards and Requirements and the average, minimum, and maximum daily flow and times for these process units in the User facility which are limited by such Pretreatment Standards or Requirements. The report shall state whether the applicable Pre.treahnent Standards or Requirements are being met on a consistent basis and, if not, what additional O 6 M and/or pretreatment is necessary to bring the User into compliance with the applicable Pretreatment Standards or Require- ments. This statement shall be signed by an authorized repre- sentative of the significant industrial user, and certified to by a registered professional engineer. (2) Periodic Compliance Reports. (a) Upon the request of the PO'LW Manager, any User subject to a Pretreatment Standard, after the compliance date of such Pretreatment Standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the POTW Manager during the months of April and October, for the respective preceeding six month period, m unless required more frequently in the Pretreatment Standard or by the POW Manager, a report indicating the nature and concentration of pollutants in the effluent which are limited by such Pretreatment Standards. In addition, this report may include a record of all daily flows. At the discretion of the POTW Manager and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the PO'1W Manager may alter the months during which the above reports are to be submitted. (b) The POTW Manager may impose mass limitations on Users which are using dilution to meet applicable Pretreatment Standards or Requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by subparagraph (a) of this paragraph shall indicate the mass of pollutants ` regulated by Pretreatment Standards in the effluent of the / -39- User. 'these reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the POW Manager, of pollutants contained therein which are limit.:d by the applicable Pretreatment Standard. All analysis shall be performed in accordance with procedures established by the EPA Administrator. Sampling shall be performed in accordance with the techniques approved by the EPA Administrator. 37-5-4. Monitoring Facilities. The Industrial User shall provide and operate, at its expense, monitoring facilities approved by the POW :tanager, sufficient to allow inspection, sampling, and flow measurement of the building sewer systems. The monitoring facilities shall be situated on the said User's premises or such other location as allowed by the POTW. 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 shall be maintained at all times in a safe and proper operating condition at the expense of the user. whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the POTW's requirements and all applicable local construction standards and specifications. The construction schedule shall be submitted to the PO'IW for prior approval, and construction shall be completed within a time specified by written notification from PO'1W. 37-5-5. Inspection All users shall allow the POTW or its representatives ready access at all reasonable times to all parts of the premises for the purpose of inspection, sampling, records examination or in the performance of any of its duties. The POW, Approval Authority, State and EPA shall have the right to set uix)n the user's property such devices as are necessary to i conduct sampling inspection, compliance monitoring and/or f r metering operations. Where a user has security measures in force -40- which would require proper arrangements with their security guards so that upon presentation of suitable identification, personnel from the P0114, appr-.,/al authority, state and EPA will be permitted to enter, without unreasonable delay, for the purposes of performing their specific responsibilities. S4�c. .37-576. Failure to Permit Inspection. . In the. event a duly authorized officer or agent of the POW is refused admission for any reason, the POW Manager 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 sewer system to accomplish the inspection and/or sampling. Sec. 37-5-7. Sampling. All measurements, tests, and analyses of the characteristics of water and wastes to which reference is made herein shall be determined in accordance with Standard Methods and/or EPA approved methods. In the event that no special facility has been required, the point of inspection shall be considered to be the downstream manhole in the POTW sewer nearest to the point at which the building sewer is connected to the public sewer. Sec. 37-5-8. Pretreatment. Users shall provide necessary wastewater treatment as required to comply herewith. Any monitoring equipment and facilities required to pretreat wastewater to a level acceptable to the POW shall be provided, operated, and maintained at the user's expense. Such facilities required by the POTW may include the requirement for separate systems to handle sanitary and industrial wastewater so that both can be discharged into the PU'IW collection system independently of each other. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the POW for review, and shall be approved in writing by the POTW Manager before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the PO1W under the provisions -41- hereof. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and accepted in writing by Pow prior to the user's initiation of the changes. The P0114 shall annually ptiblish in a newspaper of general circulation within the boundaries of the POW, a list of the users which were not in compliance with any Pretreatment Require- ments or Standards at least once during the 12 previous months. The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months. All records relating to compliance with Pretreatment Standards shall be made available to officials of the EPA or Approval Authority upon request. Sec. 37-5-9. Confidential Information. Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspec- tions shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the POTW Manager that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. When requested by the user furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not t- made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related hereto, the National Pollutant Di!;charge Flimination System (NPDES) Permit, and/or the pretreatment requirements; provided, however, that such portions of a report shall be available for use by the State or any state agency in judicial review or enforcement proceedings involving the user furnishing the report. Information accepted by the 110TW as confidential shall not be transmitted to any governinont•al agency by the POW until and unless a 10-day written notification is given to the user by -4 2- certified mail or personal service. Sec. 37-5-10. Pretreatment Administrative Option. POTr1 has the option to contract with any governmental or private entity to provide such administrative services as deemed necessary. Such governmental entity could provide Lite following services, but would not be limited to the following except by contract with each entity: (a) Permit Processing (b) Monitoring Facilities (c) Inspection and Sampling (d) Pretreatment Processing (e) Enforcement Action (f) Laboratory Analysis Chapter 6 FEES AND CHARGES Sections: 37-6-1 . Purpose 37-6-2. Fees and Charges 37-6-3. Collection Procedures 37-6-1. Purpose. Each user shall pay all fees and charges required by the POTW. Appropriate surcharges will be imposed. It is the purpose of this chapter to provide for the payment of all POW costs, maintenance and operation from the users. The total annual cost of equipment replacement, maintenance, necessary modifications, power, sampling, laboratory tests, and a reasonable contingency fund. The charges will be based upon the quality and quantity of user's wastewater, and also upon the POTW's capital and operating costs to intercept, treat, and disf.3se of wastewater. The applicable charges shall be set forth in a Schedule of RATES for the POW. The schedule of rates and charges shall be adjusted from time to time by the POTW, which shall be prior approved by the City Public Utilities Advisory j/. Board and Council) to equitably apportion such costs, including energy costs, among the users of the PO7W. -43- Sec. 37-6-2. Fees and Charges. The POTW's fees and charges are set forth in the attached Schedule 2, CONTROLLED ADMISSIBLE POLLUTANTS, and Schedule 3, RATFS, which may be amended from time to time. ( 1) Classification of Users. The users of the POW may be divided into various classifications, including but not limited to: single dwelling units, duplexes, multiple dwelling units and non-residential. Further, classifications may be established by the POW for each non-residential user class. (2) Surcharges. Users shall be subject to a surcharge for excessive DOD, suspended solids, toxic pollutants, and for service outside the POTW boundaries as provided for in Schedule 2, CONTROLLED ADMISSIBLE POLw-rANTS. (3) Fees. The POW may adopt fees which may include, but are not be limited to, the following: (a) Fees for all POW costs, including maintenance and ( ope'ration. (b) Fees for reimbursement of costs of setting up and operating the POTW's Pretreatment Program. (c) Fees for monitoring, inspections and surveillance procedures, to include but not be limited to laboratory analysis. (d) Fees for reviewing accidental discharge procedures and construction. (e) Fees for permit applications. (f) Fees for filing appeals. (g) Fees for consistent removal (by the POW) of pollutants otherwise subject to Federal Pretreatment Standards. (h) Fees for connection. ( i) Fees for repairs and disconnection. (j) Fees for inspections and surveys. (k) Fees for developim_nt and expansion. (1) Other fees IS the PU'lW may deem necessary to carry -44- out the requirements curtained herein. (4) Combination Billings, Where PO'1W provides culinary water, Lhe wastewater treatment charges may be combined for billing purposes with charges for water services rendered. (5) Charges for Discontinuing or Restoring Services. In the event PO'L'W service to any building or premises in the L101W is shut off, a fee to be set by the Pow shall be charged for restoring sewer service. (6) Damage to Facilities. when a user's discharge causes an obstruction or damage, or because of the nature of the discharge, toxic pollutants increase the costs for managing the effluent or the sludge of the POIW, the user shall pay for the cost. (7) Review of Each User's Wastewater Service Charge. The POTW shall, at least annually, review the total cost of operation and maintenance, as well as each user's discharge, and will revise charges as necessary to assure equity and sufficient funds t to adequately operate and maintain the POTW. If a significant industrial user has completed in-plant modifications which would change that user's discharge, the user can present at a regularly-scheduled meeting of the governing body such factual information, and the POTW shall determine if the user's charge is to be changed. (8) Notification. Each user will be notified, at least annually, in conjunction with a regular bill, of the rate and that portion of the user charge::; which are attributable to wasLewatar LreaLment services. Sec. 37-6-3. Collection Procedures. ( 1 ) All fees and charges made for sewer services shall be chargeable against and payable by the owner of the premises connected or to be connected with the sewer. (2) Periodic Billing Statements. The POTW shall cause billings for wastewater treatment charges, and/or water, to be / 4 rendered periodically at rates (rst,ibl is;hed as per the attached -45- Schedule 2, CONTROI.I.ED ADMIti5IBF,H 110r,LUTANTS, and Schedule 3, RATES, as amended. (3) Delinquency. Fees .end ch,,rgcs levied in accordance with this chapter shall be a d,�bt clue to the PO'IW. If this debt is not paid within 30 days after billing, it shall, at the POTW's option, be doemed delinquent and subject to penalties and may be recovered by civil action, and the POTW shall have the right to terminate sewer and/or water :service and enter upon private property for accomplishing such purposes. (4) Collection, Accounting, and Costs. The POTW shall receive and collect the sewer fees and charges levied under the provisions of this chapter. In the event of partial payment, the PO'IW may apply said payment to any sums due for water and/or sewer fees or charges. (5) Tax Lien Authority. In addition to any other remedies provided herein, the POW may impose a tax lien on the property being served for failure to pay the applicable fees and charges, pursuant to the provisions of Utah law. (6) Restoration of Service. Sewer service shall not be restored until all charges, including the expense of termination and restoration of service, shall have been paid. Chapter 7 ENFORCEMENT AND PENALTIES Sections: 37-7-1 . Enforcement Authority 37-7-2. Notification of Violation 37-7-3. Methods of Not i f ic.a ion 37-7-4. Emergency Suspension of Service 37-7-5. Permit Revocation 37-7-6. Civil Liability for Expenses 37-7-7. Administrative Remedies 37-7-8. Appeal Procedure 37-7-9. Legal Action Authori•red 37-7-10. Criminal Penalty and Fines -46- r 37-7-11 . Termination of Service 37-7-12. Civil Fine Pass Through 37-7-13. Falsifying Information 37-7-14. Additional Penalties S,�c. 37•-7-1 . Enforcement Authority. The PO'L'W may adopt procedures and rules for the implementation and administration of and shall enforce the provisions contained herein. Sec. 37-7-2. Notification of Violation. whenever the POTW finds that any user has violated or is violating its wastewater discharge permit, or any prohibition, limitation or requirement contained herein, the PO'1W shall serve upon such user a written notice stating the nature of the violation, which may include a cease and desist order. Also, within the time specified therein a plan for the satisfactory correction thereof shall be submitted to the POTW by the user. Sec. 37-7-3. Methods of Notification. Any notification required herein shall be served either personally or by registered or certified mail. Sec. 37-7-4. Emergency Suspension of Service. The POTW may, without notice or hearing, suspend the wastewater treatment service and/or a wastewater Discharge Permit when such suspension is necessary, in the opinion of the Manager of POTW, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment or damage to the health or welfare of persons, the environment, the POTW, or causes or will cause the POTI l.o violate any condition of its NPDES Permit. Any person notified of suspension of the Wastewter treatment service Snd/or the wastewater Discharge Permit shall immediately stop or eliminate the discharge. In the event of a failure of the user to comply voluntarily with the suspension order, the POW shall take such nteps a:; rk.emcd necin;nary, including immediate severance of the sewer connection, to prevent or / minimize damage to the Pow system or endangerment to any -47- individuals. The POTW shall reinstate the Wastewater Discharge y Permit and/or the wastewater treatment service upon proof of the elimination of the non-complying discharge. user shall pay all p0'114 costs and expen:;cs for any such suspension and restoration of Service. A detailad written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any Cuture occurrence shall be submitted to the P0114 within five (5) days of the date of occurrence. Sec. 37-7-5. Permit Revocation. Any user who violates the following conditions hereof, or applicable state and federal regulations, is subject to having his permit revoked: ( 1 ) Failure of a user to factually report the wastewater constituents and characteristics of its discharge; (2) Failure of the user to report significant changes in its operations, or wastewater constituents and characteristics; (3) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; (4) Violation of conditions of the permit; or (5) Failure to pay any fees or charges. Sec. 37-7-6. Civil Liability for Expenses. Any person violating the provisions herein shall be liable for any expense, loss or damage caused the POW by reason of such violation, including the increased costs, if any, for managing effluent or sludge, when such increases are the result of the user's discharge of toxic pollutants. The POTW Manager shall add such charge to the discharger's treatment charge. Sec. 37-7-7. Administrative R,.-jn—lies. ( I ) Show Cause Ilearinij. The 11,0'1'W may order any user to show cause before the POW Governing Authority why its enforcement action should not be taken. A notice shall be served on the user sixcifying the time and place of a hearing to be held by the I'0'm Governing Authority regarding the .violation, the reasons why the action is to be or w:is taken, the enforcement -48- action, and directing the user to show cause before the Pow Governing Authority why the enforcement action should not be taken. 'rho notice of the hearing shall be served personally or by registered or certified mail at least ten days before the hearing. (2) Designation of hearing Entity. The PO.17W Governing Authority may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the POTW, or contract with others to: (a) Issue in the name of the POTW notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings; (b) Take the evidence; (c) Prepare a report of the evidence and hearing, including transcripts where requested and other evidence, ( together with recommendations for action thereon. (3) Testimony. At any hearing held pursuant hereto, testimony may be recorded. (4) Cease and Desist Orders. After the POTW Governing Authority has reviewed the evidence, it may issue an order of cease and desist to the user responsible for the discharge direct•ing� that, following a •specific time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed on cxi:;ting treatment facilities, devices or other related appurtenances are properly op rated. Further orders and directives as are necena ary and appropriate may be issued. (5) Referral for State Action. rho P07W may refer any matter to the state of Utah for violations of PO1W pretreatment or toxic effluent standards under the provisions of the Utah Water Pollution Control Act, Title 26, Chapter 11, U.C.A. 1953, as amended. -49- Sec. 37-7-8. Appeal Procedure. Any permit applicant, permit holder, or other user affected by any decision, action, or determination, including cease and desist orders, made by the POW in interpreting or implementing the provisions herein, or any permit issued hereunder, may file with the POTW Manager a written request for reconsideration within ten ( 10) days of such decision, action, or determination, setting forth in detail the facts supporting the request. The POTW Manager shall hold a hearing on the request. The request for reconsideration shall be acted upon by the POTW Manager within ten ( 10) days from the date of filing or the close of the reconsideration hearing. The deci- sion, action, or determination shall remain in effect during such period of review by the POTW Manager. If the decision of the POTW Manger is unsatisfactory to the person appearing, he may file a written appeal to the POTW Governing Authority within ten ( 10) days after receipt of the decision. The POTW Governing Authority shall hear the appeal and shall take final action. The determination of the POTW Manager shall remain in effect during such period of review by the POTW Governing Authority. The decisions of the POTW Governing Authority shall be binding on all entities and the user until and unless ruled otherwise by an appropriate court. Sec. 37-7-9. Legal Action Authorized. If any user discharges into the POTW contrary to the provisions hereof, federal or state Pretreatment Requirements or any order of the POTW, the POTW attorney may commence an action for appropriate legal and/or equitable relief. Sec. 37-7-10. Criminal Penalty and Fines. Any person who wilfully or negligently violates the provisions of this title shall be subject to a fine of not more than Two Hundred Ninety- Nine Dollars ($299.00), or by imprisonment in the County Jail for a period of not more than six (6) months, or by both, such fine and imprisonment for each violation. Each day during which any such violation shall continue shall be deemed a separate offense. -50- Sec. 37-7-11. Termination of Service. The POTW may �- terminate or cause to be terminated sewage treatment service to any user for a violation of ;,ny provision herein. Sec. 37-7-12. Civil Fine Pass Thcough. In the event that a user discharges such pollutants which cause the POTW to violate any condition of its NPDES Permit and the POTW is fined by EPA or the State for such violation, then such user shall be fully liable for the total amount of the fine assessed against the POTW by EPA or the State. Sec. 37-7-13. Falsifying Information. Any user who know- ingly makes false statements, repre:,en tat ions or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant hereto, or wastewater dis- charge permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required herein shall, upon conviction, be punished by a fine of not more than $299.00 or by imprisonment for not more than six (6) months, or by both, for each offense. Sec. 37-7-14. Additional Penalties. In addition to the penalties provided herein, the POTW may recover reasonable attorney's fees, court costs, court reporters' fees, and other City overhead and expenses of litigation by appropriate legal action against the user found to have violated any provision herein, or the orders, rules, regulations, and permits issued hereunder. 'the attorney for the POTW, upon request of the POTW Governing Authority, shall petition the District Court to impose, assens, and recover Such sums. Chapter 8 PUMP STATioNs Sections: 37-8-1 . Sewage Pump Station Areas 37-8-2. Withholding of Approval ; 37-8-3. Pumping Station Areas 37-8-4. Construction of Pumping Stations -S 1- 37-8-5. Costs 37-8-6. Method of Payment 37-8-7. Property of PO'L'W Sec. 37-8-1 . Sewage Pump Station Areas. Whenever any user rnako:s application for any px:rwits, approvals, subdivision, zoning or any other actions relating to pr:.)perty situated in areas either within or outside of the mi'm which, when connected to the PO'LW's sewer collection or dislx-)sal system, will require the sewage to be pumped into the PO'I%I system, the user thereof shall be required to pay the POIV all of the costs of the installation and maintenance of the required pumping station in the manner and in the amounts hereinafter provided. Sec. 37-8-2. Withholding of Approval. Notwithstanding the provisions of any other ordinance or regulation of the POTW now or hereafter enacted, the officers and personnel of the POTW dealing with the applications above referred to are hereby directed and authorized to withhold granting of the requested r- applications pending payment or entry by the applicant into an agreement whereby payments will be made to the POTW in reimbursement for the costs of said pumping stations. The officers and employees of the POTW are directed and authorized to refuse to furnish sewer services to the users until the agree- ments are fully consummated and there has been reimbursement and payment for all services and fees due and owing thereunder. Sec. 37-8-3. Pumping Station Areas. The P01W is hereby authorized to cau.e surveys r>r rrn)irtr•ering studies to be made for the purpose of determining thon.c areas either within or without the POTW which would r(:quir.e the installation and operation of pumping stations. The pumping station areas may include areas outside of the POTW limits which might, by annexation, become a part of the POTW or which might require sewer services from the POTA for :'jc purpo:;e of . .::serving the health and welfare of resident:. adjacent to .aid seas. -52- Based upon said studies, the 110'M shall establish the pump- ing station areas and designate their confines in such manner as to enable land owners or us.(.-rs to determine whether or not they fall within the areas requiring sewage pumping stations. Sec. 37-8-4. Construvt ion of tluiaping Stations. The POW may cause a pumping station to be installed in a designated Pumping station area in anticipation of the development of buildings or other u:>es within the near future, or it may cause said construction to occur upon receipt of applications from land owners or users who anticipate developments within the designated area or a portion thereof which will require the construction of a sewage pumping station. The construction of the pumping stations shall be of such size as the PO714 may determine will be necessary to provide pumping to the entire area even though pending applications before it involve only a portion of the pumping station area. ( All pump stations shall be planned, designed and constructed in accordance with applicable state laws. Sec. 37-8-5. Costs. The costs of construction for pumping stations shall include costs of land acquisition, easements, legal services, direct labor and materials, costs of direct supervision and engineering services, plus an amount equal to ten percent ( 10%) of all of said foregoing costs for administrative services by the PO1W. The costs of construction shall be allocated among the land owners and/or users of the sewage pumping service area in the same proportion that the tot.ai of r:,ch land owner's area bears to the total area of land situatod within the pumping service area. The foregoing method of allocation of costs may he varied by action of the POW when, in its judilment, it finds that unusual topography or other physical circumstances or the contemplated use or uses require a d, f:rere.nt m,.thod of allocating coats. If / the pumping station is con:ct•ruct-.d prior to the filing of an application by a land owner or user, the costs of construction -53- will be the actual costs expend- d as above described. If the pumping station has been constructed at the time the application is filed, then co.-iLs shall be the costs estimated by the PO'1W Manager or which may be computed based upon contracts let to contractors or subcontractors to r.• rform said construction. the estimated costs :;hall be used as the basis for .establishing the amount of any payments required in advance until such time as construction is completed and actual costs are determined, at which time the costs shall be recomputed and allocated based upon the actual costs. Costs of operation and maintenance shall be allocated among the users of the sewage pumping service area. Sec. 37-8-6. Method of Payment. At the time an application is made to the P01W, the POW shall require the applicant to enter into an agreement with the P011W whereby the applicant will pay his share of said sewage pumping station construction costs at such time or times fixed by the POTW. The agreement may ( require the applicant to pay a lump sum in cash or may provide frequency as may be determined will best fit the needs of the POTW. The agreement shall provide, in the event the applicant fails to make the payments, as provided, the POTW may refuse to provide services until such time as payment has been made. Sec. 37-8-7. Property of POTW. Regardless of the manner in which construction of the sewer pumping station has been achieved, whether by direct action upon the part of the POTW or by action of any applicant, the pumping station shall be deemed the pcoperty of the VOW. All maintenances after acceptance, shall he performed by the POW or its designee. Chapter 9 SU131)I V IS IONS Sections: 37-9-1 . Approval Raquir#.d Before Recordation 37-9-2. mobile Prir.k and Sulidivi:;ion Connections Allowed 37-9-3. Mobile [fume Compliauc:e R.:quiced -54- j Sec. 37-9-1 . Approval Required nelore Recordation. All persons, contractors, builders, olxarators, subdividers and developers shall conform with these ordinances and regulations and shall apply to the POILW office for written approval of any proposed sewage collection facilities for their mobile home parks, subdivisions, or other developments prior to recordation of their plats with any county recorders, and shall pay all required fees in a timely manner. Sec. 37-9-2. Mobile Park and Subdivision Connections Allowed. Any mobile home park or subdivision hereafter constructed having sewage system and appurtenant facilities acceptable to the POW within said mobile home park or subdivision, as the case may be, may, at the user's sole expense upon payment of all required fees and subject to any written extension or reimbursement agreements which may be hereafter executed with the POW, connect such sewage system and facilities directly with an existing PO*r4 sewer at a location designated by the POTW and under the PO'1W direction. Sec. 37-9-3. Mobile Home Compliance Required. All sewage collection systems and appurtenant facilities for mobile home parks and subdivisions shall be designed, constructed, and maintained in strict accordance with all applicable provisions of the rules and regulations adopted or amended and revised by the PO'1W. Chapter 10 PO71A Sh:WER IONS'NwcTION Sections: 37-10-1 . Desiyn and Construction 37-10-2. Construction 37-10-3. Excavation Safeguards for Public 37-10-4. Maintenance Expen:;e 37-10-5. Inslr:ction and Approval Sec. 37-10-1. Design and Construction. The size, slope alignment, materials of construction of a POTW sewer, and the -55- methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements set forth in the "Code of Waste Disposal Regula- tions" adopted by the utoh State noard of Health pursuant to State law, and other :;pacific n:quircnents as set forth by the P07w. The WPCF Manual of Practice No. 9, "Design and Construc- tion of Sanitary and Storm Sewers" (as revised), prepared by A Joint Committee of the Water Pollution Control Federation and the American Society of Civil Engineers, is hereby adopted as the general guideline for the planning, design, and construction of all PO'lw sewers unless modified by construction standards adopted by Po1W. Sec. 37-10-2. Construction. The actual construction of the P01W sewer shall be conducted by a bonded sewer contractor licensed in the State of Utah. Prior to construction, the contractor must be approved by the P07W. ( Sec. 37-10-3. Excavation Safeguards for Public. All -- excavations for POTW sewer installation shall be adequately guarded by the contractor with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored by the contractor in a manner satisfactory to the POTW. Sec. 37-10-4. Maintenance Expense. All POTW sewers, except building sewers, shall be maintained by the PO'1W. Sec. 37-10-5. ins)x•ction and Approval. All phases of the PO'1'4 s,.wer construction :;hall be inspected and approved by the P01W. Failure to obtain the, noco::::.,ry inspections and approvals will result in the work being rvdune. All work shall be completed in accordance with the construction, testing, and acceptance standards of 1'07W. l -SG- Chapter 11 CONFLICT & SEVERABILITY Sections: 37-11-1 . Conflict and ;evr.-vability. See. 37-11-1. Conflict and Severability. All other ordin- :es or regulations and parts of other ordinances or regulations inconsistent ue conflicting with any part hereof are hereby repealed to the extent of such inconsistency or conflict. If any provision, paragraph, word, section or chapter hereof is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections, and chapters shall not be affected and shall continue in full force and effect. Chapter 12 AMENDMENT PROCESS Sections: 37-12-1. Amendment Process Sec. 37-12-1 . Amendment Process. The provisions herein may be amended or revised from time to time by a majority vote of the POTW Governing Authority. -57- SCHEDULE 1 CONTROLLED LIMITED POLLUTANTS pH -- 6.0-9.0 Not allowed beyond this range Oil & mg/1 50 Above limit not allowed; Grease includes all types of oil and grease Temperature 0'E. 140 max. Cyanide(a) mg/1 5.0 daily Non-integrated electro- maximum platers discharging 2.7 4-day 10,000 gpd or less average Lead mg/1 0.6 daily Non-integrated electro- maximum platers discharging 0.4 4-day 10,000 gpd or less average Cadmium mg/1 1.2 daily Non-integrated electro- maximum platers discharging 0.7 4-day 10,000 gpd or less average Cyanide(b) mg/1 1 .9 daily Non-integrated electro- maximum platers discharging 1 .0 4-day 10,000 gpd or more average Copper mg/1 4.5 daily Non-integrated electro- maximum platers discharging 2.7 4-day 10,000 gpd or more average Nickel mg/1 4. 1 daily Non-integrated electro- maximum platers discharging 2.6 4-day 10,000 gpd or more average Chromium mg/1 7.0 daily Non-integrated electro- maximum platers discharging 4.0 4-day 10,000 gpd or more average Zinc mg/1 4.2 daily Non-integrated electro- maximum platers discharging 2.6 4-day 10,000 gpd or more average Lead mg/1 0.6 daily Non-integrated electro- maximum platers discharging 4.0 4-day 10,000 gpd or more average Cadmium mg/1 1 .2 daily Non-integrated electro- maximum platers discharging 0.7 4-day 10,000 gpd or more average -58- Total mg/1 10.5 daily Non-integrated electro- Metals maximum platers discharging 6.8 4-day 10,000 gpd or more average (a) Cyanide amenable to chlorination (b) Total cyanide Cyanide(a) mg/1 5.0 daily Applies to dischargers maximum other than non-integrated 2.7 4-day electroplaters average Cyanide(b) mg/1 1.9 Applies to dischargers other than non-integrated electroplaters Cadmium mg/1 1 .2 Applies to dischargers other than non-integrated electroplaters Copper mg/1 4.5 Applies to dischargers other than non-integrated electroplaters Chromium mg/1 7.0 Applies to dischargers other than non-integrated electroplaters Lead mg/1 0.6 Applies to dischargers other than non-integrated electroplaters Zinc mg/1 4.2 Applies to dischargers other than non-integrated electroplaters (a) Cyanide amenable to chlorination (b) Total cyanide -59- SCH1 .DLJIX 2 CON TYO(AX13 AM-11ISSuArx Pou,uTAN,rs surch,-irqe. All por!;ons discharging sewage into the sowers shall be subject to a surcharge, in addition to if. these -4a:-,t(:.s have a than the a) 30D of 200 pp;r,; or (b) A sus;).?nOed solids content of 250 ppm. .y�utation of surcharge. The computation of the sewage L-IJO shall be---n"ot-'--*e—rminel(— by the following formula, sc = VS X 8. 34 (RBOD [BOD-2001 + RSS (2501 ) SC = surcharge in dollars. VS = volume of sewage in millions of gallons for the billing period. 8.34 = conversion factor to convert BOD and SS from ppm to pounds. R130D = unit charge for BOD in dollars per pounds. BOD = biochemical oxygen demand strength index in parts per million by weight. RSS = unit charge for SS in dollars per pound. SS = suspended solids strength index in parts per million by weight. Rates of surcharge. The rates of the industrial waste Surcharge for each of the aforementioned constituents shall be as follows: (a) For (RBOD). .. . . .. . . . .. . . . . . . .. . . .. ..$.052 per pound (b) For suspended solids (RSS). . .. .. . . .$.0082 per pound -60- SCHEDULE 3 RATES AND FEES RATE 'lCH KDIILE 1. urp"sC For the purpose of defraying Lhe cost of construction, reccnstruction maintenance and operation of the City sewer yst ••m, there is hereby i:aa:tsed the following charges upon all _nt,sons and prr�;nises receiving sewer service and collection. 2. Definitions (a) Duplex. A single building containing two independent �l ✓elling units (b) Dwelling Unit. A building or other structure where an individual resides as a separate housekeeping unit, or a collective body of persons (doing their own cooking) resides as a separate housekeeping unit in a domestic bond based upon birth, marriage, domestic employment of other family relationship, as distinguished from a boarding house, lodging house, club, fraternity, motel or hotel. (c) Multiple Dwelling. Any building or other structure, having four or more dwelling units, therein, and shall include mobile home park. ( (d) Service Charge. The basic assessment levied on all users of the public sewer system whose wastes do not exceed in strength the concentration values established as representative of normal sewage. (e) Single Dwelling Unit. A building containing one dwelling unit. ( f) Surcharge. The assessment in addition to the service c'harye which is levied on those persons whose wastes aie greater in stength than the concentration values established as representative of normal sewage. (g) Triplex. A single building containing three indepen- dent dw.-�lling units. 3. S Ch es- ';: h c,w(?r 'Oe (:barged $2.00 her month ;nini:.:.::.n c!,ar';e or $0.54 p:r 100 c�:i)ic fret of the aver.eye monthly �t••r -: t-r r.,,;,9in;5 of ti:n:,e usi;:y �lely City water (luring the :r>; ,, ,rt i ; r�ths ��f tL-r✓c.nbi r, i); _, : iu:r, .7anuary, F� tiruary and ;'arch ^.;ch'ye3r, h�:reafter "wint..r re•:dings", whichever is hi,;hr_r. Said winter readin,s shall be the ha..=_is for sewer billings for the period .July 1 ti-rrough June 30 following such winter readings. Any vsar mho has more than one water ester, one or more of which :,--a.=.ores water eventually discharged into the sewer and one or ;,ore other meters measuring water not entering the sewer, will be charged $0.54 per 100 cubic feet for all water used which may enter the se%:er, but will not be asses;:;ed a sewer charge on water Ineter(s) which e•easure water, no part of which flows into the sewer i;'Yst�m. -61- FOL' those not using City t-.-ator or using some City water, the c i I:y n,ly require a Ci Ly approvod at the :;ew.�r user's on the wel l(s) or othor 10tirce(S) of Water SUPDly for by City dicing -.-.aid i:i:�nths to deterinine the sewer jSer'S W.-Jt.er use during said months, the average of which shall the basis for sc-wer billings for said period. -ror rich single dwol lintj unit !lot iisinq City water and siring not to install a wal_cr jr.:.t:-2r is above, the of the D::,part;nent of Public Utilities ;r.ay waive the :,­.,Ler ri..,quirenent, in which event the user will be charged for r,avvice' as provided in Subparagraph (3) (a) hereof. 4. :-!_teriU of flows. tic ter i nq of rawer lines will be al lowQd when the user elects to have the sewage flow metered subject to the following require- ments: (a) Tine chac,;es for sewer service will be based upon the actual scwer moter readings rather than upon the average of said winter readings. (b) The user will furnish and install at users expense a in,_,ter pursuant to the City's standards and specifica- tions. 5. ':ew sewer connections or change in Any new sewer service or existing sewer having changed occupants (applies only to one to three dwelling units) or those which do not have sufficient or accurate data to establish said monthly winter reading, sewer rate shall be assessed monthly charges as follows until such data is available: r. (a) For each single dwelling unit, $4.32 per month. (b) For each duplex $4.32 per month, per dwelling unit. (c) For each triplex, $4.32 per month, per dwelling unit. (d) For each multiple dwelling, a minimum monthly charge of $2. 10 per dwelling unit or $0.34 per 100 cubic feet of total water consumption, whichever is highest. (e) For all other users, a minimum charge of $5.28 per month or $0.34 per 100 cubic feet of total water consumption, whichever is highest. 6. Sew r char,lo__�djust;Want. Dit"'-CtOC Of Public may mike adiustx,­nts as o ::ervic:e k-harot-.-s. '7 1-1 e Director nay ­ij-Js1_6•.n: !; wh,:re ox' :;:1:_,-f_1 i VC 'lljdntitifis of culinary through the wat,'r hot -,re on the :!:),i do not ­n"C-r the In c,icll such the user will h-ave the of !).:oviding rtvid�.--nce Of :;uch in.--quities by showing that the q,;,--.ntity of water not the sC.w,:.r, but :sassing Lhr,_-,-;,jh the water ureter, --xcred 20 p-rcent of the total flow in Order to merit such consideration by the Director. F,.Bch such adjust.,wint jrade by the Director shall be to the Depart:--.,-,nt of Public Utilities Advisory Co, initt.�e for ratification. if said cr):-i,!nittce approves the adjust,mc-nt, it shall be effective im;nidiately. If the committee does not act UlYin the adjustment for thirty (30) days, it shall auto,-ati,:a1ly be approved at the end of said period. if said adjusti.-i-ant is disapproved, the Director may suhmit the ;natter to the :.',,,yor wilhose decision will be final . dc -62- 7. Food preparation and processing establishments. Rate A. Applies to existing establishments without grease, oil and sand interceptors or control manholes on the premises. Rate B. Applies to establishments with grease, oil and sand interceptors for monitoring and sampling on the premises. Rate A and B will be as set forth in paragraphs 1 through 6 above until a study is completed for a rate differential at a later date. CONNECTION FEES 1. Residential single dwelling, condo- minium, per connection or unit $300.00 2. Multi-family dwellings ( i) Duplex $450.00 (ii) Triplex $675.00 (iii) Townhouse, apartment (per unit) $225.00 3. Hotels and Motels (i) Per dwelling unit without kitchen or restaurant $150.00 (ii) Per dwelling unit with a kitchen or restaurant $200.00 �- 4. General commercial and industrial uses, per equivalent unit (one equivalent unit equals 20 fixtures based on Utah Plumbing Code) $300.00 5. Trailer parks, per equivalent fixture unit, three trailer spaces shall equal one equivalent fixture unit $300.00 6. Special industrial and commercial uses, including car washes, laundromats, etc. , as designated by Public Utilities Director shall be charged $300.00 per equivalent fixture units based on dis- charge capacity as specified in the Uniform Plumbing Code. PERMIT FEES 1 . Wastewater discharge permit $20.00 2. Uncover rough extra connection inspection $10.00 3. Sewer and miscellaneous inspection $30.00 4. Sand trap inspection $5.00 5. Installation of sewer special wye $50.00 6. Sewer repair inspection $30.00 -63- 7. Trial sewer survey $25.00 8. Sewer survey $70.00 9. Re-survey for change sewer line additional charge $70.00 ASSESSMENT FEES Assessment fees. Where connections involve main sewer lines installed at City expenses without assessment to the property, an addi- tional charge representing owner's assess- ment shall be charged at time of connection based upon property owner's frontage. $10.00 per front feet Permit fee to cover cost of engineering, surveying and inspection $150.00 SECTION 2. This ordinance shall take effect upon its first publication. Passed by the City Council of Salt Lake City, Utah, this 3rd day of August 1982. 'CHAIRMAN B M AIR ATTEST: CIC9 RECORDER Transmitted to Mayor on August 6 9 2 Mayor's Action: � t MAYOR ATTEST: CI RECORDER cm45 (S EAL) BILL 53 of 1982 Stgtement regarding ordinance published August 9, 1982. -64- FW KA Affidavit of Publication STATE OF UTAH, s s. County of Salt Lake i2t1T' ........................................................................................................... .... Being first duly sworn,deposes and says that he is legal r advertising clerk of the DESERET NEWS, a daily „it. t (except Sunday) newspaper printed in the English asp n19'''I na language with general circulation in Utah, and "^ e.`"° published in Salt Lake City, Salt Lake County, in the a n'a State of Utah. r r NPDES o7 vUiafe r` `eol Ntrial That the legal notice of which a copy is attached hereto hCnt nljam Pu r Ir°CV°tee "wT'"°s' r+ail Pub synopsis of OrdUot:co #53 of 1982 (wastewater incleeu the 1�8 ................................... treatmentramtr+ ............................................................................i -alai s iW.Wr ft °e`r' control) orcmnllneajpom°h y(II�m olrs ............................................................................................................... Penf i'to fer° d ekCones or,ry� tMl Salt e O .•Wa�Pyere Salt ............................................................................................................... Repula/i •••re�ae °1 a� Rom' °� e tyer'°' Ice. uu°i k-. nlv ..........................._................................................................_................ meet bli !•/fif ti Selr Lake GemPb, oPrn ortlinehc°ty�shel�'6e ef. ............................................................................................................... Ptiblislig°Pq W�9 Pvubl vlc�tion loa. ax Run 9, 1982 ----__ was published in said newspaper on..........e............................. ............................................................................................................ i Legal Advertisin Jerk Subscribed and sworn to before me this.......................2Qttx.................................................day of ....................................Aug................A.D. 19_6.2.. Notary Public My Commission Expires July 23, 1986 ................................................................