§ 25-201. General provisions.

(a)

Purposes and overview.

(1)

Purposes. The purposes of this article include: the protection of the health, safety, and welfare; compliance with state and federal laws, including the Clean Water Act (33 United States Code § 1251 et seq.) and the pretreatment rules of 40 CFR Part 403; the protection and efficient operation of the POTW; the issuance of wastewater discharge permits to significant industrial users and, as circumstances warrant, to other POTW users; establishment of general requirements for all POTW users; authorization of monitoring and enforcement activities; the requirement of reporting; and the setting of fees for the equitable distribution of costs resulting from the program established herein.

(2)

Overview. This article establishes and provides for the establishment of a pretreatment program for industrial users of the POTW and a more comprehensive POTW regulatory framework that applies to all POTW users. The pretreatment program includes all of the federally-mandated and state-mandated pretreatment program components, including a permit program for significant industrial users. In addition, the city's pretreatment program includes components that are not mandated by either the federal or state government. This article generally does not segregate the federally-mandated and state-mandated pretreatment components from the nonmandated pretreatment components or from the more comprehensive nonmandated regulatory framework. This article includes the mandated components within the pretreatment program and regulatory framework to produce a unified approach to the city's regulation and control of its POTW. The nonmandated components are not adopted for the purpose of compliance with federal or state mandates, standards, or requirements. The city's discretion in administering and enforcing nonmandated components may be the subject of state and federal input and recommendations, but should not be the subject of federal or state oversight or enforcement.

(b)

Objectives. The objectives of this article include the following:

(1)

To prevent the introduction into the municipal wastewater system of pollutants that will interfere with the operation of the system or contaminate the resulting sludge;

(2)

To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into any waters of the state or otherwise be incompatible with the system;

(3)

To prevent the introduction into the municipal wastewater system of flows of sufficient magnitude to cause or contribute to interference with the operation of the system or contamination of the resulting sludge or cause or contribute to pollutants passing through the system, inadequately treated, into any waters of the state or otherwise being incompatible with the system;

(4)

To promote reuse and recycling of wastewater and of sludge from the municipal wastewater system;

(5)

To protect both municipal personnel who may be affected by sewage, sludge, and effluent in the course of their employment as well as protecting the general public;

(6)

To provide for equitable distribution of the cost of operation, maintenance and improvement of the municipal wastewater system;

(7)

To ensure that the municipality complies with its NPDES and nondischarge permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the municipal wastewater system is subject; and

(8)

To promote the public health, safety, and welfare and the efficient and effective operation of the POTW.

(c)

POTW director and designees. Except as otherwise provided herein, the POTW director shall administer, implement, and enforce the provisions of this article. Any powers and duties granted to or imposed upon the POTW director may be delegated by the POTW director to other city personnel.

(1)

Authority to enter private premises. Whenever it shall be necessary for the purposes of this article, the POTW director or his designated representative upon presentation of credentials, may enter upon any property or premises at reasonable times for the purpose of:

a.

Copying the records required to be kept under the provisions of this article;

b.

Inspecting any monitoring equipment or method; and

c.

Sampling any discharge of wastewater to the treatment works.

(2)

Authority to enter for emergency response. Whenever it shall be necessary for the purposes of this article, the POTW director may enter upon any property or premises at any hour in order to respond to an emergency.

(3)

The authority to enter pursuant to subsections 25-201(c)(1) and (2) is in addition to and does not limit or restrict the right of entry pursuant to section 25-3 and the requirement to provide access pursuant to subsections 25-206(b) and (c).

(d)

Municipalities. A municipality may be a POTW user if the municipality and city council reach mutually agreeable terms and conditions for the municipality's POTW use, the municipality enters into a city council approved written agreement with the city for POTW use, the municipality remains in compliance with the written agreement to the satisfaction of city council, and no circumstances arise that make the POTW use inappropriate as determined by city council in its sole discretion.

(e)

Computation of time. In computing any period of time prescribed or allowed by this article, the day of the act, event, default or publication after which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday, or legal holiday on which city offices are closed, in which event the period shall run until the end of the next day which is not a Saturday, Sunday, or legal holiday on which city offices are closed. When the period of time is less than seven (7) days, the computation shall exclude intermediate Saturdays, Sundays, and legal holidays on which city offices are closed.

(Ord. No. 2013-35, § 3, 8-20-13)