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REGULATION OF THE SANITARY SEWER DISTRICT OF WAUKEE, IOWA, PROVISIONS
FOR SEWER RENTAL AND REGULATION CONNECTIONS WITH THE CITY SANITARY
SEWER SYSTEM; REGULATION OF INDUSTRIAL WASTEWATER, COMMERCIAL
WASTEWATER AND HAULED WASTE.
§204.1 Purpose. The purpose of this ordinance is to collect from all of the users of the
city sewer system the cost in whole or in part of constructing and maintaining the main sewers and
sewage treatment facility in proportion to the service provided to each use and to establish the
procedure and regulations to be followed in making private connections to the public sanitary sewers of
this city in order to protect the public health, safety and welfare.
§204.2 Rules, Part of Contract. The following rules and regulations shall be
considered a part of the contract with every person who is a user of the municipal sanitary sewer
system of the City of Waukee, Iowa, and every such person who uses same shall be considered as
having expressed his agreement to be bound thereby.
§204.3 Definitions. For use with the ordinance the following terms are hereby defined:
A. The term "sewer system" includes main sewers, sewage pumping stations,
treatment and disposal plants, lateral sewers, drainage conduits or channels and
sewer connections in public streets for private property.
B. The term "public sewer" is a common sanitary sewer directly controlled by
public authority.
C. The term "private sewer" is a sanitary building drain and sewer privately owned
and not directly controlled by public authority.
D. The term "sanitary sewer" is a pine that carries sewage and excludes storm,
surface and ground water.
E. The term "building drain" is that part of the lowest piping of a drainage system
that receives the discharge from soil, waste and other drainage pipes inside the
walls of the building and conveys it to the building sewer, which begins three
feet outside the building wall.
F. The term "building sewer" is that part of the horizontal piping of a drainage
system that extends from the end of the building drain, receiving the discharge of
the building drain and conveying it to a public sanitary sewer, private sanitary
sewer, individual sewage disposal system or other point of disposal.
G. The term "sewage" is any liquid waste containing animal or vegetable matter in
suspension or solution, and may include liquids containing chemicals in
solution.
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H. The term "person" means any individual person, partnership, corporation or
other association.
§204.4 Who Shall Pay Rent. Every person, firm or corporation whose premises now
or hereafter are directly or indirectly served by a connection to the City sewer system shall pay rent to
the city at the rate of and manner provided in Section 204.5 hereof.
§204.5 Rate and Manner of Payment. The rate shall be:
Effective July 1, 2020, the base charge will be $14.80 for the first 1,000 gallons of water usage,
and water usage in excess of the minimum (1,000 gallons) will be $11.18 per 1,000 gallons per month.
The rate shall be paid at the time payment of the water bill is due and under the same conditions
beginning with the next payment after connection to the sewer system is made.
February 17, 2003 – Ordinance 2402
December 19, 2005 – Ordinance 2566
April 6, 2009 – Ordinance 2640
June 27, 2011 – Ordinance 2698
May 5, 2014 – Ordinance 2761
April 6, 2015 – Ordinance 2779
April 4, 2016 – Ordinance 2802
May 1, 2017 – Ordinance 2841
April 16, 2018 – Ordinance 2884
April 15, 2019 – Ordinance 2925
April 20, 2020 – Ordinance 2955
§204.6 Property Lien and Suspending Service for Non Payment of Rent. The
amount of rent charged shall constitute a lien upon that property served by the sewer system and that
amount shall be collected in the same manner as other taxes, if payment is not made when due. Water
or sewage service or both, to the property for which rent has not been paid may be suspended until that
payment is made.
§204.7 Enforcement. The sewer inspector shall supervise the installation of private
sewers and their connections with public sewers in this city and enforce all regulations pertaining
thereto in accordance with this ordinance. This ordinance shall apply to all replacements of existing
sewers as well as new sewers.
§204.8 Adoption of State Plumbing Code. The installation of any private sewer and
its connection with a public sewer shall comply fully with all pertinent and applicable provisions,
whether regulatory, procedural or enforcement provisions, of the State of Iowa Plumbing code as set
forth in the Code of Iowa as amended and all amendments hereinafter made thereto, published by the
State of Iowa, which are hereby adopted. An official copy of said Plumbing Code as adopted and a
certified copy of this ordinance is on file in the office of the City Clerk for public inspection.
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§204.9 License Required. Any installation of a private sewer and its connection to a
public sewer shall be made by a plumber who has deposited with the City Clerk a surety and
maintenance bond in an amount equal to one hundred percent (100%) of the contract price of the work
to be done, but in no event less than $500. Said surety and maintenance bond to remain in full force
and effect for a period of two years subsequent to the date the work was completed and approved by
the City sewer inspector.
This surety and maintenance bond is to be held as surety that the said plumber will fulfill the
following conditions, to-wit:
A. That all sewer work performed by the plumber or under his supervision shall be
performed in accordance with the provisions of the ordinance of the City of
Waukee, Iowa.
B. That he will pay all fines and penalties properly imposed upon him for violations
of this ordinance and any other ordinances pertaining hereto.
C. That the City shall be held free from any liability sustained by reason of neglect
or incompetence of such plumber or other person working under his supervision.
D. That the plumber and sureties on his surety and maintenance bond agree to
maintain said sewer work in good repair for not less than two years from and
after the date of completion of said sewer work and approval by the City sewer
inspector.
§204.10 Insurance, Legal Responsibility and Public Safety. Any plumber doing any
work subject to the provisions of this ordinance shall secure and maintain such insurance from an
insurance company authorized to write casualty insurance in the State of Iowa as will protect himself,
subcontractors, property owners and the City of Waukee, Iowa, from claims for bodily injury, death or
property damage which may arise from operations in connection with any and all work being done that
is subject to the provisions of this ordinance.
The plumber shall not commence any work subject to the provisions of this ordinance until he
has obtained all insurance required under this paragraph and shall have filed certificate of insurance or
a certified copy of the insurance policy with the City Clerk.
Each insurance policy shall contain a clause providing that it shall not be canceled by the
insurance company without ten (10) days written notice to the City of Waukee, Iowa, of intention to
cancel.
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The amounts of such insurance shall be not less than the following, to-wit:
A. Workmen's Compensation and Employer's Liability Insurance shall be secured
and maintained as required by the State of Iowa and if such insurance is not
required by the State of Iowa such insurance shall be secured and maintained in
an amount the same as the minimum requirements of the State of Iowa.
B. Public Liability, Bodily Injury, and Property Damage:
(1) Injury or death of one person $ 100,000.00
(2) Injury to more than one
person in a single accident $ 300,000.00
(3) Property Damage $ 25,000.00
C. Automobile and Truck Public Liability, Bodily Injury, and Property Damage:
(1) Injury or death of one person $ 100,000.00
(2) Injury to more than one
person in a single accident $ 300,000.00
(3) Property Damage $ 25,000.00
D. When excavation, trenching, or tunneling is involved, the property damage
liability coverage under the Comprehensive General Liability Policy shall
specifically provide coverage for damage to underground property.
§204.11 Mandatory Connections. The owners of all residences and business
establishments intended or used for human habitation, occupancy or use that are within the sewer
district created by this ordinance and whose premises now or hereafter are directly or indirectly
served by the public sewer system, shall and must connect their sewage facilities to the public sewer
system within and not later than twelve (12) months subsequent to the date that the City has
approved and accepted said public sewer system which directly or indirectly serves the said
premises and all of such owners shall within the afore described time install sanitary toilet facilities
if such establishments are not presently so served. Provided, however, this section shall not apply to
playgrounds or parks, and buildings thereon which are not regularly inhabited, and which are remote
and not serviceable by gravity flow sewer, which may be served by septic tank, holding tank, or
other sewage disposal facility approved by the Council; and provided further that private
development with established functional waste water lagoon treatment system shall have five (5)
years subsequent to the date that the City has approved and accepted a public sewer system which
directly or indirectly serves the said premises or until an expansion of said private development or
until said lagoon requires replacement, expansion or modification, whichever first occurs, in which
to connect said development to the public sewer system.
February 6, 1995 – Ordinance No. 2197
June 19, 1995 – Ordinance No. 2204
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§204.12 Permit. Before any person shall open, uncover, or in any manner make a
connection with or modify any part of the public sewers, he must obtain a written permit from the
City Clerk. The application for the permit shall be filed with the City Clerk on blanks furnished by
him. The application shall be in a form duly approved by resolution of the City Council from time to
time and shall include a legal description of the property, the name of the property owner, the
amount and date of any prior assessment for construction of a public sewers, a general description
of the material to be used and the manner of construction, the line of the building sewer and the
place of connection, if known, the intended use of the sewer and the name and address of the
person who will do the work and such other matters as may be determined by the City Council.
The City Clerk shall issue the permit, bearing his and the Mayor's signature and the time and date of
issuance, if the proposed work meets all the requirements of this ordinance and if all fees required
under this ordinance have been paid. Work under any permit must be begun within six months after
it is issued.
§204.13 Revocation of Permit. The sewer inspector may at any time revoke the
permit for any violation of this ordinance and require that the work be stopped. The plumber or
owner may appeal such action to the City Council at the next regular meeting of the City Council.
§204.14 Fee for Permit and Connection with the Public Sewer System. Before
any permit is issued and any connection to the public sewer system authorized, the person who
makes the application shall pay to the City Clerk a fee to be set by resolution of the council of the
City of Waukee which shall cover the cost of issuing the permit, supervising, regulating and
inspecting the work, and making necessary engineering studies.
[October 8, 1985]
§204.15 Special Fee. If the property to be connected to a public sewer has not been
assessed for any part of the costs of construction of the public sewer, or has been assessed only as an
unimproved lot, the owner shall pay a special fee to the City Clerk of for the use of the public
sewers before the permit is issued. The amount of this fee shall be an equitable portion of the cost
of the public sewers in relation to the benefits received by the property, but in no event less than the
sum of $250 for each direct benefit factor, and shall be determined by the sewer inspector subject to
approval, modification or revocation by the City Council at its next regular meeting.
Subsection A repealed; October, 17, 2005 – Ordinance 2539
§204.16 Separate Connections. In no case shall a joint sewer be allowed where the
property abuts on a street, alley or easement in which there is a public sewer. Other buildings, in
adjacent areas, which are required to be connected shall be separately and independently connected
to the public sewers unless the City Council in a duly adopted resolution specifically permits joint
connections, in accordance with plans approved by the Council.
§204.17 Quality of Pipe and Foundation. Building sewer pipes shall be of material
and quality provided for in the Standard Construction Specifications of the City of Waukee, Iowa,
as may be adopted by the City of Waukee and placed on file in the office of the Clerk. Sewer pipes
shall be laid on a smooth bottom with bell holes cut in the bottom of the trench so that the length
between the bells has a perfect bearing on the ground. Joints between the bell and the spigot shall
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be water tight, gas tight and root proof. All sewer pipes must be laid in such a manner as to prevent
rupture by settlement or freezing.
[December 9, 1986]
§204.18 Grade. All sewer pipes shall be laid with a uniform grade from the building
to the public sewer and no offsetting will be allowed without written permission of the City Council.
§204.19 Excavations. Excavations to do work under this ordinance shall be dug so as
to occasion the least possible inconvenience to the public and to provide for passage of water along
the gutter. All such excavations shall have proper barricades at all times, and warning lights placed
from one-half hour before sunset and one-half hour after sunrise. In refilling the excavation, the
earth must be laid in layers and each layer tamped thoroughly to prevent settlement, and, this work
and any street, sidewalk, pavement or other public property that is affected, must be restored to as
good a condition as it was previous to the excavation. The excavator must maintain the affected
area in good repair to the satisfaction of the city council for two years after refilling. No excavation
shall be made within six feet of any laid water pipe while the ground is frozen, and no water or
sewer pipe shall be exposed to frost, except by special written permission of the City Council.
August 1, 1994 – Ordinance No. 2186
§204.20. Making Connections. Any connection with a public sewer must be made
under the direct supervision of the sewer inspector or his authorized assistant. The connection shall
be made at the property line with that part of the sewer already extending to the property line, if any.
If there is no sewer connection extending from the public sewer to the property line, the sewer
inspector shall supervise a measurement for the location of the "Y" branch in the public sewer.
Excavations shall be made at the point designated by the sewer inspector and if no "Y" branch is
found within a reasonable distance, then the plumber shall connect directly with the public sewer at
that point. The sewer inspector may give permission in writing to property owners to make a
connection at other points if the property owner has shown good reason for the change.
§204.21 Unlawful Discharge.
A. All storm, surface and ground water connections, including foundation
drainage to the sanitary sewer system are prohibited.
B. No owner or occupant of any new structure shall discharge or permit to be
discharged into the sanitary sewers any substance which will clog the pipes,
produce explosive mixtures, destroy or materially damage the pipes or other
joints, or interfere with the sewage disposal process.
C. No owner or occupant of any existing building or structures shall discharge or
permit to be discharged into the sanitary sewers any surface water or other
substances which will clog the pipes, produce explosive mixtures, destroy or
materially damage the pipes or other joints, or interfere unduly with the
sewage disposal process.
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§204.22 Inspection and Approval. All private sewers and their connections with
the public sewer must be inspected and approved in writing by the sewer inspector before they are
covered and the sewer inspector shall make a record of his approval on the application form kept in
the city clerk's record. If the sewer inspector refused to approve the work, the plumber or owner
must proceed immediately to correct the work so that it will meet with such approval. Every person
who uses or intends to use the public sewers shall permit the sewer inspector or his authorized
assistant to enter the premises to inspect or make necessary alterations or repairs at all reasonable
hours and on proof of authority.
§204.23 Breaks in Service. The City of Waukee, Iowa, shall not be held
responsible by reason of the breaking, plugging, or restriction of any service pipe, public sewer,
private sewer, building drain, building sewer or failure in the sewer system.
§204.24 Abandoned Service Pipes. All private sewer lines that may become
useless because of laying of larger or other such lines, or because sewage will no longer flow
through them, must be permanently closed off at the connection with the public sewer at the
expense of the owner of the premises, and so reported to the sewer inspector. No plumber, or owner
of property shall disconnect or remove sewer facilities from any premises served by the public
sewer, or alter the same in such a way as to make the service connection unnecessary for the
premises, without permanently closing off the connection at the public sewer and reporting the same
to the sewer inspector.
§204.25 Completion by the City. Should any excavation be left open or partly
refilled for twenty-four (24) hours after the private sewer is installed and connected with the public
sewer, or should the work be improperly done, the sewer inspector shall have the right to finish or
correct the work, and the City Council shall assess the cost to the property owner or the plumber. If
the plumber is assessed, he must pay the costs before he can receive another permit, and the
plumber's bond required by this ordinance shall be security for the assessment. If the property
owner is assessed, such assessment shall be collected with and in the same manner as general
property taxes.
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Article II
Regulation of Industrial Wastewater,
Commercial Wastewater and Hauled Waste
Division 1. General Provisions Regarding Industrial Waste
Sec. 204-26. Definitions.
Sec. 204-27. Abbreviations.
Sec. 204-28. General adoption.
Sec. 204-29. Intent and construction.
Sec. 204-30. Purpose and policy.
Sec. 204-31. Jurisdiction.
Sec. 204-32. Severability.
Sec. 204-33. Interpretation.
Secs. 204-34--204-60. Reserved.
Division 2. Wastewater Treatment and Pretreatment
Sec. 204-61. User requirements.
Sec. 204-62. Discharge prohibitions.
Sec. 204-63. Local limits for specific pollutants.
Sec. 204-64. National Categorical Pretreatment Standards.
Sec. 204-65. State requirements.
Sec. 204-66. City's right of revision.
Sec. 204-67. Pretreatment.
Sec. 204-68. Dilution prohibited.
Sec. 204-69. Spill containment.
Sec. 204-70. Treatment upsets.
Sec. 204-71. Treatment bypass.
Sec. 204-72. Fees.
Secs. 204-73--204-100. Reserved.
Division 3. Industrial Wastewater Discharge Permits and Reporting Requirements
Sec. 204-101. Classes of permits.
Sec. 204-102. Permit requirements.
Sec. 204-103. Permit applications; baseline monitoring reports.
Sec. 204-104. Report on compliance by categorical industries.
Sec. 204-105. Permit contents.
Sec. 204-106. Permit duration and renewal.
Sec. 204-107. Continuation of expired permits.
Sec. 204-108. Permit modifications.
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Sec. 204-109. Permit transfer.
Sec. 204-110. Denial of permit.
Sec. 204-111. Permit violations.
Sec. 204-112. Periodic compliance reports.
Sec. 204-113. Certification and signatory requirements.
Sec. 204-114. Monitoring facilities.
Sec. 204-115. Inspection, sampling and recordkeeping authority.
Sec. 204-116. Confidential information.
Sec. 204-117. Appeal of denial of confidential status.
Secs. 204-118--204-145. Reserved.
Division 4. Enforcement of Industrial Wastewater Regulations
Sec. 204-146. Public notification of significant noncompliance.
Sec. 204-147. Significant noncompliance.
Sec. 204-148. Administrative actions.
Sec. 204-149. Actions authorized.
Sec. 204-150. Civil penalties.
Sec. 204-151. Performance bonds.
Sec. 204-152. Revocation of discharge permit; termination of sewer services.
Sec. 204-153. Reserved.
Sec. 204-154. Reinstatement of service.
Sec. 204-155. Emergency disconnection of service.
Sec. 204-156. Elimination of discharge; reinstatement of permit.
Sec. 204-157. Additional remedies.
Sec. 204-158. Notices to be WRA, the WRA board, the WRA director or the WRA steering
committee.
Secs. 204-159--204-185. Reserved.
Division 5. Regulation of Fat, Oil and
Grease Discharge by Food Service Establishments
Sec. 204-186. Purpose.
Sec. 204-187. Definitions.
Sec. 204-188. Effective date of FOG regulations.
Sec. 204-189. Grease interceptor installation required after effective date.
Sec. 204-190. Exemption from grease interceptor installation requirement.
Sec. 204-191. Compliance procedures.
Sec. 204-192. Installation of grease interceptors and grease traps.
Sec. 204-193. Operation, maintenance and cleaning of grease interceptors.
Sec. 204-194. Records and record keeping.
Sec. 204-195. Inspection of grease interceptors and related sewer and equipment.
Sec. 204-196. Inspection fees.
Sec. 204-197. Enforcement.
Sec. 204-198. Notice of violation--administrative penalties--corrective action order.
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Sec. 204-199. Penalties.
Sec. 204-200. Order to cease operation of FSE.
Sec. 204-201. Appeal of corrective action order or cease and desist order.
Sec. 204-202. Additional remedies.
Secs. 204-203--204-210. Reserved.
Division 6. Regulation of Hauled Waste
Sec. 204-211. Definitions.
Sec. 204-212. License.
Sec. 204-213. Issuance of license.
Sec. 204-214. Standards for vehicles and equipment.
Sec. 204-215. Disposal.
Sec. 204-216. Identification of source.
Sec. 204-217. Mixing wastes.
Sec. 204-218. Standards of disposal at WRF.
Sec. 204-219. Rejection of waste loads.
Sec. 204-220. Treatment fees for hauled wastes.
Sec. 204-221. Enforcement.
Sec. 204-222. Notice of violation--administrative penalties--corrective action order.
Sec. 204-223. Penalties.
Sec. 204-224. Denial, suspension and revocation of license.
Sec. 204-225. Alternative relief.
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ARTICLE II. REGULATION OF INDUSTRIAL WASTEWATER*, COMMERCIAL
WASTEWATER AND HAULED WASTE
DIVISION 1. GENERAL PROVISIONS REGARDING INDUSTRIAL WASTE
Sec. 204-26. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Act or Clean Water Act means the 1972 Federal Water Pollution Control Act, the 1977
Clean Water Act, and the 1987 Water Quality Act, as amended.
Approval authority means the Iowa department of natural resources.
Authorized representative means:
(1) An executive officer of a corporation.
(2) A general partner of a partnership.
(3) The proprietor of a proprietorship.
(4) The conservator, trustee, attorney in fact, receiver or other person or agent authorized
in law and in fact to act on behalf of users which are not corporations, partnerships, or
proprietorships or on behalf of other entities which must legally act through an agent.
(5) Any other authorized representative of a person or entity identified in subsections (1),
(2), (3), or (4) of this definition, if the authorization specifies either an individual or a
position having responsibility for the overall operation of the facility from which the
discharge originates, such as the position of plant manager or a position of equivalent
responsibility, or having overall responsibility for environmental matters for the company
and the written authorization is submitted to the director.
(6) Any other person authorized by law to act on behalf of any entity.
Baseline monitoring report means the report required by 40 CFR 403.12(b) (1-7).
Biochemical oxygen demand (BOD) means the analysis of BOD as described in
Environmental Protection Agency methods.
Building drain means that part of the lowest horizontal piping of a drainage system which
receives the discharge from waste and other drainage pipes inside the wall of the building and
conveys it to the building sewer, beginning three feet outside the building wall.
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Building sewer or lateral sewer means the sewer extending from the building drain to the
connection with the POTW.
Bypass means the intentional diversion of waste streams from any portion of an industrial
user's pretreatment facility.
Carbonaceous Biochemical Oxygen Demand (CBOD) means the analysis of BOD as
described in Environmental Protection Agency methods while inhibiting the nitrogenous oxygen
demand.
Categorical user means a user subject to National Categorical Pretreatment Standards.
Chemical oxygen demand (COD) means the measurement of the susceptibility of a sample to
oxidation by a strong chemical oxidant expressed in mg/l and using Environmental Protection
Agency methods.
City means the political subdivision known as the (city of Des Moines, Iowa) (City of
Waukee, Iowa), and also means the territory within the corporate boundaries of the city of Des
Moines.
City sanitary sewer system or sanitary sewer system means the local outfall sewers, trunk
sewers, pumping stations, force mains, and wastewater equalization basins, and all other structures,
devices and appliances appurtenant thereto, which are used for collecting, conveying or storing
wastewater and which serve and are owned, operated and maintained by the city or by a sanitary
district serving the city.
Combined waste stream formula means the formula as found in 40 CFR 403.6(e).
Composite sample means a representative sample using a minimum of three grab sample
aliquots obtained over a period of time and mixed using either a flow proportional or time
proportional method.
Conventional pollutant means BOD, COD, O&G, suspended solids, pH, ammonia nitrogen,
total Kjeldahl nitrogen and fecal coli form bacteria.
County means the political subdivision known as the Dallas County, and also means the
territory within the boundaries of the Dallas County.
County sanitary sewer system or sanitary sewer system means the local outfall sewers, trunk
sewers, pumping stations, force mains, and wastewater equalization basins, and all other structures,
devices and appliances appurtenant thereto, which are used for collecting, conveying or storing
wastewater and which serve and are owned, operated and maintained by the county or by a sanitary
district serving the county.
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Discharge or indirect discharge means the introduction of treated or untreated wastewater
into the POTW.
Dissolved solids means the concentration of residue left in an evaporating dish after
evaporation and drying at defined temperatures using Environmental Protection Agency methods or
standard methods.
Domestic wastewater means all household-type waste discharged from places of human
habitation, including toilet, bath, kitchen and laundry wastewater. Domestic wastewater is further
defined as waste which does not exceed daily maximum limits of 300 mg/l COD, 200 mg/l BOD,
250 mg/l suspended solids, 100 mg/l oil & grease, 30 mg/l TKN, and 15 mg/l NH3-N at a discharge
rate of 100 gallons per capita per day. This loading is equal to 0.25 pound of COD, 0.17 pound of
BOD, 0.20 pound of suspended solids, 0.083 pound of oil & grease, 0.025 pound of TKN and 0.013
pound of NH3-N per capita per day.
Domestic user means a person discharging only domestic wastewater to the POTW, which
wastewater is discharges from any building or parts of a building designed for or occupied by one or
more persons as a single housekeeping unit, including such units within multifamily dwellings and
apartment buildings, which building or premises is a source of wastewater discharge into a POTW.
Environmental Protection Agency or EPA means the U.S. Environmental Protection Agency
Environmental Protection Agency methods means standard procedures for wastewater
analysis approved by the U.S. Environmental Protection Agency and prescribed in 40 CFR 136, and
include alternate methods approved by the approval authority.
E. Coli or Escherichia coli means bacteria that are a member of the fecal coli form group
and whose presence indicates fecal contamination in water.
Fecal coli form means bacteria common to the intestinal tracts of humans and animals
whose presence in water is an indication of pollution.
Fat, oil, and grease or oil and grease or FOG means those substances which are detectable
and measurable using analytical test procedures established in 40 CFR 136, as may be amended
from time to time. All are sometimes referred to herein as “grease” or “greases”.
Garbage means solid waste from the domestic and commercial preparation, cooking and
dispensing of food, and from the commercial handling, storage and sale of produce.
Grab sample means a single aliquot sample collected either directly or by means of a
mechanical device.
Headworks means the main wet well at the WRF prior to any treatment process.
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Industrial user means a person whose property, building or premises is a source of
wastewater discharge into the POTW, other than a domestic user.
Industrial waste means the liquid waste from industrial users as distinct from domestic
sewage.
Interference means a discharge which, alone or in conjunction with a discharge or discharges
from other sources, which both:
(1) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge
processes, use or disposal, and
(2) Causes a violation of any requirement of the WRA's National Pollutant Discharge
Elimination System permit (including an increase in the magnitude or duration of a
violation) or prevents sewage sludge use or disposal in compliance with any federal, state or
local regulations or permits.
Limit means the maximum allowable discharge of a given pollutant as in the following
definitions:
(1) Daily maximum limit or daily instantaneous maximum limit means the maximum
allowable discharge of pollutant as measured at any time during a calendar day, expressed as
either a concentration limit or a daily mass limit. It is a violation if the concentration limit
on any single sample taken exceeds that discharge limits in the discharge permit for the user,
or the discharge limits set forth in section 204-63.
(2) Monthly average limit means the maximum allowable value for the average of all
measurements of a pollutant obtained during one calendar month.
National Categorical Pretreatment Standards (NCPS) or categorical standards means any
limitations on pollutant discharges to POTW promulgated by the U.S. Environmental Protection
Agency that apply to specified process wastewater of particular industrial categories.
National Pollutant Discharge Elimination System (NPDES) permit means a permit issued
pursuant to the Act.
New source means a source as defined by 40 CFR 403.3(k).
Nonconventional pollutants mean all pollutants which are not included in the definition of
conventional pollutants.
NH3-N means the ammonia nitrogen concentration in mg/l as determined using
Environmental Protection Agency methods.
O&M means operation and maintenance.
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Pass through means a discharge which exits the POTW into water of the state in quantities
or concentrations which, alone or in conjunction with a discharge from other sources, is a cause of a
violation of any requirement of the WRA's National Pollutant Discharge Elimination System permit,
including an increase in the magnitude or duration of a violation, or other permit issued to the WRA
by the Iowa department of natural resources or the U.S. Environmental Protection Agency.
Person means any individual, partnership, co-partnership, firm, company, association, joint
stock company, society, corporation trust, estate, municipality, governmental entity, group, or any
other legal entity, or their legal representatives, agents, or assigns.
pH means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of
solution.
Pollution means the alteration of chemical, physical, biological, or radiological integrity of
water as a result of human activity or enterprise.
POTW treatment plant means that portion of the publicly owned treatment works which is
designed to provide treatment, including recycling and reclamation, of municipal sewage and
industrial waste. The City of Waukee and the WRA are separate entities.
Pretreatment means the reduction, elimination, or alteration of the nature of pollutant
properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants
into the POTW.
Pretreatment facility means the equipment used to accomplish pretreatment.
Pretreatment requirements means any substantive or procedural requirement related to
pretreatment standards, imposed on an industrial user.
Pretreatment standards means, for any specified pollutant, the prohibitive discharge
standards as set forth in section 204-62 of this article, the specific limitations on discharge as set
forth in section 204-63 of this article, the state pretreatment standards or the National Categorical
Pretreatment Standards, whichever standard is most stringent.
Properly shredded garbage means the waste from the preparation, cooking and dispensing
of food that has been shredded to such a degree that all particles are carried freely under the flow
conditions normally prevailing in the POTW, with no particle greater than one-half inch in any
dimension.
Publicly owned treatment works or POTW means and includes "POTW" treatment works as
defined by section 212 of the Act, and which is owned by the Des Moines Metropolitan Wastewater
Reclamation Authority or any of Participating Communities that make up the WRA. This definition
includes any devices and systems used in the storage, treatment, recycling and reclamation of
municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other
16
conveyances if they convey wastewater to a POTW Treatment Plant. The City of Waukee and the
WRA are separate entities.
Sampling chamber or sampling maintenance hole means a device or structure suitable and
appropriate to permit sampling and flow measurement of a wastewater stream to determine
compliance with this article.
Severe property damage means substantial physical damage to property, damage to a
pretreatment facility causing it to become inoperable, or substantial and permanent loss of natural
resources which can reasonably be expected to occur in the absence of a bypass. Severe property
damage does not mean economic loss caused by delays in production.
Sewage means and includes wastewater as herein defined.
Sewage system means sewers, intercepting sewers, pipes or conduits, pumping stations, force
mains, and all other constructions, devices and appliances appurtenant thereto used for collecting or
conducting sewage to a point of treatment or ultimate disposal.
Significant user means:
(1) All categorical users.
(2) All industrial users that:
a.Discharge 25,000 gallons per day or more of process wastewater (excludes
sanitary, non-contact cooling and boiler blowdown wastewater);
b.Contribute a process waste stream which makes up five percent or more of
the average dry weather hydraulic or organic capacity of the WRF; or
c. Contribute a discharge that has a reasonable potential, in the opinion of the
director, to adversely affect the POTW treatment plant by causing interference or
pass through.
Sludge means the solids separated from the liquids during the wastewater treatment process.
Slug or slug load means any discharge of water or wastewater which, in concentration of any
pollutant, measured using a grab or composite sample, is more than five times the allowable
concentration as set forth in sections 204-62 and 204-63 of this article or in a user's most recent
wastewater discharge permit or which exceeds a slug concentration level specified in a wastewater
discharge permit. A discharge with pH outside the allowable range by more than one standard unit
(S.U.) shall also be considered a slug.
17
Standard industrial classification (SIC) means a classification pursuant to the Standard
Industrial Classification Manual issued by the Executive Office of the President, Office of
Management and Budget, most recent edition.
Standard Methods means the laboratory procedures set forth in the latest USEPA approved
edition of Standard Methods for the Examination of Wastewater prepared and published jointly by
the American Public Health Association, the American Water Works Association, and the Water
Environment Federation.
Storm sewer means a sewer which carries storm water, surface water and drainage but
excludes sewage and industrial waste other than unpolluted cooling water.
T, when used as a portion of a chemical name, shall designate "total" such as in "cyanide-T"
where "T" means "total" cyanide.
TKN means the Total Kjeldahl Nitrogen concentration expressed in mg/l as determined
using Environmental Protection Agency methods or Standard Methods.
Total metal means the sum total of the suspended and dissolved concentrations of a metal
specified in a wastewater discharge permit or as specified in section 204-63 hereof.
Total suspended solids (TSS) means the portion of total solids retained by a filter using
Environmental Protection Agency methods or Standard Methods.
Total Toxic Organics (TTO) means the summation of all quantified values greater than 0.01
milligram per liter for the toxic organics as specified in the applicable regulation.
Toxic Pollutant means any pollutant or combination of pollutants listed in 40 CFR 403,
appendix B.
Unpolluted Water means water containing none of the following: free or emulsified oil and
grease; substances that may impart taste, odor or color characteristics; volatile, explosive, toxic or
poisonous substances in suspension or solution; explosive, odorous or otherwise obnoxious gases.
Such water shall not contain more than 25 mg/l of suspended solids, and not more than 25 mg/l of
BOD.
Upset means an exceptional incident in which there is unintentional and temporary
noncompliance with pretreatment standards because of factors beyond the reasonable control of the
user. An upset does not include noncompliance to the extent caused by operational error, improperly
designed pretreatment facilities, inadequate pretreatment facilities, lack of preventive maintenance,
or careless or improper operation.
User means a person discharging anything other than domestic wastewater into the POTW,
and includes categorical users as herein defined.
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Waste hauler means a private contractor licensed by the WRA to deliver wastewater to the
WRF or other locations approved by the WRA director, and includes all persons required to have a
license under section 204-212 of this chapter.
Wastewater means and includes sewage as defined in federal law and regulation, or a
combination of the liquid and water-carried waste from residences, commercial buildings,
institutions and industrial establishments, together with such groundwater, surface water, and
stormwater as may be present, whether treated or untreated, which is contributed into or permitted to
enter the POTW.
Wastewater discharge permit means the document issued to a user by the WRA in
accordance with the terms of this article which permits such user to discharge wastewater to the
POTW.
Water of the state means all streams, lakes, ponds, marshes, watercourses, waterways, wells,
springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or
accumulations of water, surface or underground, natural or artificial, public or private, which are
contained within, flow through or border upon the state or any portion thereof.
WRA or wastewater reclamation authority means the Des Moines Metropolitan Wastewater
Reclamation Authority, an entity organized and existing under Chapters 28E and 28F of the Iowa
Code, and established pursuant to the WRA Agreement. The term "WRA" means and includes the
representatives of the Participating Communities on the WRA Board, and the officers and
employees of the WRA.
WRA agreement means the Amended and Restated Agreement for the Des Moines
Metropolitan Wastewater Reclamation Authority, approved and executed by the WRA and its
Participating Communities and effective as of July 1, 2004.
WRA director or director means the person appointed by the WRA board, or by the WRA
operating contractor upon consultation with the board, as provided in Section 2.63 of the WRA
operating contract, who is charged with the administration and management of the WRA system and
of the provision of all services outlined in operating contract. Unless otherwise indicated in the text,
the director shall mean and include the person acting as the director's authorized designee in the
director's absence in carrying out the director's duties under this Article.
WRA operating contractor or operating contractor means the city of Des Moines, pursuant
to the Initial Operating Contractor executed by the city of Des Moines and the WRA Board on and
as of July 1, 2004, or such successor operating contractor as the WRA shall contract with to provide
operation and management services to the WRA
WRA participating community or WRA participating communities means, individually or
collectively, depending on context, the cities of Altoona, Ankeny, Bondurant, Clive, Cumming, Des
Moines, Johnston, Norwalk, Pleasant Hill, Polk City, Waukee, and West Des Moines, and Polk
County, Warren County, the Urbandale Sanitary Sewer District, the Urbandale-Windsor Heights
Sanitary District and the Greenfield Plaza/Hills of Coventry Sanitary District, together with any
19
other cities, counties, or sanitary districts that become participating communities under the
provisions of the WRA agreement.
WRA wastewater collection and conveyance system or WCCS means the WRA sanitary
sewer interceptors and extensions to same, detention basins, equalization basins, storage facilities,
pumping stations, force mains and all related property and improvements.
WRA wastewater reclamation facility or WRF means the wastewater treatment plant located
generally at 3000 Vandalia Road, Des Moines, Iowa, as the same may be expanded or improved in
the future, and any other wastewater treatment plants hereafter acquired or constructed and operated
by the WRA.
WRA system means and includes the WRF, the WCCS, satellite wastewater and CSO
treatment facilities hereafter constructed, all real and personal property of every nature hereinafter
owned by the WRA and comprising part of or used as a part of the WRA system, and all
appurtenances, contracts, leases, franchises and other intangibles of the WRA.
Sec. 204-27. Abbreviations.
The following abbreviations, when used in this article, shall have the designated meanings:
BETX
Benzene, ethylbenzene, toluene, and
xylenes(total)
BOD Biochemical oxygen demand
BMR Baseline monitoring report
C Celsius
CFR Code of Federal Regulations
COD Chemical oxygen demand
EPA Environmental Protection Agency
F Fahrenheit
FOG Fat oil, and grease
GPD Gallons per day
IDNR Iowa Department of Natural Resources
lb/day Pounds per day
Mgd Million gallons per day
mg/l Milligrams per liter
NCPS National Categorical Pretreatment Standards
or categorical standards
NH3-N Ammonia nitrogen
NPDES National Pollutant Discharge Elimination
System
O&G Oil and grease
POTW Publicly owned treatment works
SCP Spill control plan
20
SIC Standard industrial classification
SNC Significant noncompliance
RCRA Resource Conservation and Recovery Act
TCLP Toxicity characteristic leaching procedure
TFE Trichlorotrifluoroethane
TKN Total Kjeldahl nitrogen
TOH Total organic hydrocarbons
TRC Technical review criteria
TSS Total suspended solids
TTO Total toxic organics
USC United States Code
U.S. EPA United States Environmental Protection
Agency
VPH Volatile petroleum hydrocarbons
Sec. 204-28. General adoption.
The provisions of this article are enacted to aid in the enforcement of the pretreatment
regulations set forth in this article and may be placed in a separate portion of the municipal code of
any WRA participating community which adopts these provisions. Each WRA participating
community by enacting this article designates the WRA and its operating contractor as the
enforcement agency under this article. Employees, agents and officers of the WRA and of its
operating contractor, while acting to enforce this article for the WRA, are empowered to make such
inspections, issue such orders or permits and take such actions within the boundaries of the City of
Waukee, as are authorized by this article. The WRA or its operating contractor is also authorized to
impose and collect all fees or penalties authorized by this article, and are authorized to directly bill
and collect from contributors penalties, fees charges and surcharges from all users within the City of
Waukee, A user's failure to pay any fee, charge, penalty or surcharge is a municipal infraction and
shall also be grounds to discontinue sewer service to the user, all as hereafter more particularly
provided. The enforcement of this article in the City of Waukee is not dependent upon passage of
this article or a similar ordinance by other WRA participating communities.
Sec. 204-29. Intent and construction.
This article seeks to implement provisions of the Act, the general pretreatment regulations
found at 40 CFR, Part 403, and the Iowa Administrative Code, chapter 567, sections 62.4 and 62.8.
This article is to be construed and applied in accordance with the Clean Water Act amendments, the
general pretreatment regulations, the Iowa Administrative Code and the purpose and policy
provision set forth in section 204-30 of this division.
21
Sec. 204-30. Purpose and policy.
(a) This article regulates the use of sanitary sewers; private wastewater disposal; the installation
and connection of building sewers; and the discharge of wastewater or waste into the POTW. This
article sets forth uniform requirements for discharges into the POTW, and the deposit of wastewater
and waste hauled to the WRF or to other locations approved by the WRA director for disposal and
treatment.
(b) The objectives of this article are to:
(1) To prevent the introduction of pollutants into the POTW that may interfere with the
operation of the system or interfere with sludge management and disposal.
(2) Prevent the introduction of pollutants into the POTW that may pass through the
system inadequately treated and ultimately into receiving water, the atmosphere, or
otherwise be incompatible with the system.
(3) Protect workers' safety and health and protect against damage to the POTW.
(4) Provide for equitable distribution of treatment and industrial pretreatment costs
resulting from pollutants introduced into the POTW.
Sec. 204-31. Jurisdiction.
The sections of this article are applicable in their entirety to all users who contribute
wastewater, directly or indirectly, into the POTW without regard to whether the physical facilities of
such users are situated within or outside the limits of the City of Waukee
Sec. 204-32. Severability.
If any provision of this article or the application thereof to any particular person or particular
circumstance is held invalid, the invalidity shall not affect other provisions or application of this
article which can be given effect without the invalid provision or application. To this end the
provisions of this article are severable.
Sec. 204-33. Interpretation.
This article shall be construed and interpreted to conform with 40 CFR I, and it is the intent
of this article that it complies with the federal regulations.
Secs. 204-34--204-60. Reserved.
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DIVISION 2. WASTEWATER TREATMENT AND PRETREATMENT
Sec. 204-61. User requirements.
(a) The following requirements shall apply to all users of the POTW:
(1) All users shall promptly notify the WRA director and the City of Waukee in advance
of any substantial change in the volume or character of pollutants in their discharge.
(2) New or increased contributions of pollutants or changes in the nature of pollutant
discharged to the POTW shall require prior approval by the WRA director.
(3) Industrial users shall notify the WRA director, the City of Waukee, the
Environmental Protection Agency Regional Waste Management Division Director, and state
hazardous waste authorities in writing of any discharge into the POTW of a substance
which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261. The
notification shall comply with the requirements set forth in 40 CFR 403.12(p).
(4) Discharge of any pollutants without the notice and approval required by this section
is prohibited. Upon the receipt of notice required by this section, the WRA director shall
within 180 days or less approve the discharge if he or she finds the proposed discharge meets
applicable pretreatment standards and requirements and would not cause the WRA to violate
its National Pollutant Discharge Elimination System permit. The WRA director shall deny
permission for the discharge if he or she finds applicable pretreatment standards and
requirements are not met or the discharge would cause a violation of the National Pollutant
Discharge Elimination System permit for the WRF. In lieu of denial of permission for
discharge, the WRA director may allow such discharge or contribution upon conditions
which would not violate applicable pretreatment standards or requirements and would not
cause a violation of the National Pollutant Discharge Elimination System permit for the
WRF.
(5) Food Service Establishments shall be regulated first under Division 5 of this
ordinance but may be required to obtain a wastewater discharge permit and be subject to the
requirements of Divisions 1-4 if the WRA Director determines that additional pretreatment
is required in order to comply with Fat, Oil, & Grease discharge limits.
(b) Any part of this section notwithstanding, upon receipt of the notice required by this section,
the WRA director may require, in addition to the requirements of this section, that an industrial user
obtain a permit under this article.
(c) Users who are determined to be industrial users as herein defined and who refuse to apply
for or obtain a wastewater discharge permit shall be subject to termination of sewer services as
provided in section 204-152 hereof.
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Sec. 204-62. Discharge prohibitions.
The following general prohibitions shall apply to all users of the POTW unless the user is
subject to a more restrictive National Categorical Pretreatment Standards, the Iowa Department of
Natural Resources, or wastewater discharge permit limit. The following substances are prohibited
from discharge to the POTW:
(1)Pollutants creating a fire or explosion hazard in the POTW, including but not limited
to waste streams with a closed cup flashpoint of less than 140 degrees Fahrenheit (60
degrees Celsius) using test methods referenced in 40 CFR 261.21. Waste streams shall not
be ignitable at ambient temperatures. At no time shall two successive readings on a meter
capable of reading L.E.L. (lower explosive limit) at the nearest accessible point to the
POTW, at the point of discharge into the POTW or at any point in the POTW, be more than
five percent nor any single reading greater than ten percent.
(2)Any substance which will cause corrosive structural damage to the POTW, but in no
case discharges with pH lower than 5.0 or greater than 12.0.
(3)Solid or viscous pollutants which will cause obstruction to the flow in the POTW
resulting in interference. Such pollutants include but are not limited to grease, garbage with
particles greater than one-half inch any dimension, animal tissues, paunch manure, bones,
hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime,
stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, wipes, spent grains,
spent hops, wastepaper, wood, plastics, tar, asphalt residues from refining or processing of
fuel or lubricating oil, mud or glass grinding or polishing waste, or tumbling and de-burring
stones, and wastewater containing fat, wax, O&G, or other substances which may solidify or
become viscous at temperatures between 32 and 150 degrees Fahrenheit (0 and 65 degrees
Celsius).
(4)Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a
discharge at a flow rate or pollutant concentration which will cause interference or pass
through at the WRF or which constitutes a slug load as defined in this article.
(5)Heat in amounts which will inhibit biological activity in the POTW resulting in
interference, but in no case wastewater or vapor having a temperature higher than 150
degrees Fahrenheit (65 degrees Celsius) at the point of introduction into the POTW, and in
no case wastewater or vapor which alone or in concert with other discharges produces a
temperature at the WRF greater than 104 degrees Fahrenheit (40 degrees Celsius).
(6)Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in
amounts that will cause interference or pass through.
(7)Pollutants which result in the presence of toxic gases, vapors, or fumes within the
POTW in a quantity that may cause acute worker health and safety problems or a public
nuisance.
24
(8)Any trucked or hauled pollutants, except at discharge points designated by the WRA.
(9)Radioactive wastes unless they comply with Atomic Energy Commission Act of
1954 (68 Stat. 919 as amended and part 20, subpart D, Waste Disposal, section 20.303 of the
regulations issued by the Atomic Energy Commission, or amendments thereto).
(10)Any wastewater containing concentrations of inert suspended solids, such as but not
limited to fuller's earth, lime slurries, and lime residues, or of dissolved solids, such as but
not limited to, sodium chloride and sodium sulfate, which exceed 3,000 mg/l nonvolatile or
3,000 mg/l total dissolved solids unless approved by the WRA director.
(11) Pollutants causing excessive discoloration, such as but not limited to dye waste and
vegetable tanning solutions.
Sec. 204-63. Local limits for specific pollutants.
(a)Generally. Local limits for specific pollutants discharged pursuant to this article shall be as
follows:
(1)Dilution. Dilution of the discharge from a pretreatment facility or from a regulated
process is prohibited as a method for treatment of wastes in order to meet the limits set forth
in this article.
(2)Sample location. Measurement of pollutant concentrations to determine compliance
shall be made at the point immediately following the pretreatment facility and before
mixture with other waters, unless another point is designated by the WRA director. If
necessary, the concentrations so measured shall be recomputed to exclude the effect of any
dilution that is improper using the combined waste stream formula.
(b) Headworks limits; average mass. The average composite loading of all industrial users
contributing the following specific pollutants to the POTW shall not exceed the allowable total
pounds. The allocation of pollutants between industrial and nonindustrial sources may be adjusted
by the director provided that the allowable total loading for any pollutant at the headworks of the
WRF is not exceeded.
30-Day Average Allowable
Pounds/Day
Pollutant Total Industrial
BOD 195,600 135,153
TSS 300,400 208,463
NH3 13,000 6,959
TKN 27,760 16,950
25
Maximum Allowable
Headworks Loading
Pounds/Day
Maximum Allowable
Industrial Loading
Pounds/Day
Pollutant Total Industrial
Arsenic-T 7.58 3.81
Cadmium-T 3.65 2.16
Chromium-T 136.35 120.90
Copper-T 148.56 125.51
Cyanide-T 17.08 8.28
Lead-T 28.17 20.94
Mercury-T 0.999 0.747
Nickel-T 87.27 75.75
Silver-T 23.30 19.77
Zinc-T 360.59 283.53
(c)Discharge concentration limits and review criteria. Discharge concentration limits and
review criteria shall be as follows:
(1)The discharge into the POTW of any materials, water or waste having a pollutant
concentration greater than the limits in subsections (c)(3), (4), and (5) of this section or
containing pollutants not listed in this subsection shall be subject to the review and approval
of the WRA director. After review of the proposed discharges, the WRA director may:
a. Reject the waste for reasons consistent with section 204-320 of this article.
b. Require pretreatment to an acceptable pollutant concentration for discharge to
the POTW.
c. Require control of the quantities and rates of discharge of the water or waste.
d. Require payment to cover the added cost of handling and treatment of water
and waste or any combination thereof.
e. Reduce the maximum or average mass loading of present and prospective
individual users on any reasonable prorated basis to meet headworks loading limits at
the WRF.
f. Require the user to obtain a wastewater discharge permit and be subject to
any of the rules and regulations contained therein.
26
g. Require the user to meet local limits when local limits are more restrictive
than National Categorical Pretreatment Standards, provided that headworks loading
limits are met.
h. Initiate enforcement action in response to any noncompliance with this article
using the enforcement procedures outlined in this article.
i. Take any combination of the steps in subsections (c)(1)a through (c)(1)g, as
appropriate.
(2) Users discharging wastewater to the POTW whose pollutant concentrations or flows
are greater than the following shall be considered industrial users for purposes of sewer
charges and may be regulated or permitted by the WRA director as appropriate:
Pollutant Daily
Maximum
(mg/l)
a. BOD 200
b. TSS 250
c. COD 300
d. O&G-T 100
e. TKN 30
f. NH3-N 15
g. An average daily flow greater than 5,000 gallons or having an
unusual concentration of flow.
(3) Pollutant limits. Average and maximum concentration limits for users without
National Categorical Pretreatment Standards for these pollutants shall be as follows:
Pollutant Daily
Maximum
(mg/l)
Monthly
Average
(mg/l)
Arsenic-T 0.38 0.25
Cadmium-T 0.08 0.05
Chromium-T 6.43 4.29
Copper-T 10.21 6.80
Cyanide-T 0.53 0.36
Lead-T 1.43 0.95
Mercury-T 0.042 0.028
Nickel-T 7.22 4.81
O&G-T 400.0 --
O&G-Mineral 100.0 --
27
Silver-T 1.30 0.87
VPH 10.0 --
Zinc-T 19.64 13.09
pH range shall be not lower than 5.0 or greater than 12.0.
Temperature (liquids or vapors) shall be not greater than 150 degrees Fahrenheit at
the point of entry into the POTW.
(4) Daily maximum pollutant limits for hauled waste. Wastes delivered to the WRF by
truck or rail shall not exceed the following concentrations in any load or overall daily
loading limits unless otherwise approved by the WRA Director:
Pollutant Concentration (mg/l) Loading (pounds/day)
COD 100,000 --
O&G-T 50,000 --
VPH 10.0 --
Arsenic-T -- 0.014
Cadmium-T -- 0.93
Chromium-T -- 24.74
Copper-T -- 23.71
Cyanide-T -- 0.29
Lead-T -- 6.70
Mercury-T -- 0.12
Nickel-T -- 3.71
Silver-T -- 0.26
Zinc-T -- 87.62
pH range shall be not lower than 5.0 or greater than 12.0.
(5) Daily maximum limit for gasoline cleanup projects. Discharge of wastewater from
sites where gasoline is being removed from the soil or groundwater shall meet the following
limits prior to discharge to the POTW:
Pollutant mg/l
Benzene 0.050
BETX 0.750
(d) No subsection of this section shall be construed to provide lesser discharge standards than
are or that may be imposed and required by U.S. Environmental Protection Agency or the Iowa
department of natural resources, nor to allow the average allowable total loading for any pollutant at
the headworks of the WRF to be exceeded.
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Sec. 204-64. National Categorical Pretreatment Standards.
Users subject to National Categorical Pretreatment Standards (NCPS) as contained in 40
CFR I, subchapter N, part 405-471 shall comply with the standards and applicable reporting
requirements under 40 CFR 403.12. New sources of categorical discharge shall meet National
Categorical Pretreatment Standards in the shortest feasible time, but in no case longer than 90 days
from the commencement of discharge. Failure to comply shall be a violation of this article and
subject the user to enforcement action. The WRA is required to notify all known affected
categorical users of the applicable reporting requirements under 40 CFR 403.12. Failure of the
WRA to notify a user shall not relieve the user of the duty, if any, to comply with National
Categorical Pretreatment Standards.
Sec. 204-65. State requirements.
State of Iowa requirements and limitations on discharges pursuant to this article shall apply
when they are more stringent than U.S. Environmental Protection Agency or WRA requirements
and limitations unless allowed by the Iowa Department of Natural Resources.
Sec. 204-66. City's right of revision.
The City of Waukee, acting at the direction of the WRA, reserves the right to establish more
stringent limitations or requirements on discharges to the POTW than those contained in this article
if deemed necessary to comply with the purpose and policy objectives presented in section 204-30
of this article.
Sec. 204-67. Pretreatment.
(a) A user discharging or with potential to discharge any waste into the POTW as set forth in
section 204-62, 204-63 or 204-64 of this division shall be required by the WRA director to
construct, install and operate, at the user's sole expense, such pretreatment facilities as may be
required in order to:
(1) Reduce the objectionable characteristics or constituents of wastewater to within the
maximum limits provided for in sections 204-62, 204-63, 204-64 and 204-65 of this article.
(2) Control the quantities and rates of discharge of such wastewater.
(3) Reduce the pollutants to such concentration and flows as may be contained in the
user's wastewater discharge permit.
(4) Prevent the discharge of liquid waste containing FOG, sand in excessive amounts,
any flammable waste, or other harmful pollutants. All traps or similar devices shall be of a
type and capacity needed to perform effectively and shall be readily and easily accessible for
cleaning and inspection. All traps or devices shall be provided and maintained in efficient
29
operating condition at all times. Materials removed from traps shall be considered
unacceptable for disposal at the WRF unless specifically approved by the WRA director.
(b) All plans, specifications, technical operating data and other information pertinent to the
proposed operation and maintenance of pretreatment facilities shall be reviewed and approved by
the WRA director prior to construction. Design and installation of such facilities shall be subject to
the requirements of all applicable codes, chapters and laws, including local zoning regulations. The
review and approval of such plans and operating procedures shall, in no way, relieve the user from
the responsibility of modifying the facility as necessary to produce an effluent acceptable to the
WRA director under this article. Any subsequent changes in the pretreatment facilities or method of
operations shall be reported to and be acceptable to the WRA director prior to the user's initiations
of the changes.
(c) Users shall continuously maintain all pretreatment facilities required by this article in
satisfactory and effective operating condition at the sole expense of such user.
(d) No section contained in this article shall be construed to prevent or prohibit a separate or
special agreement between the WRA and any user whereby wastewater containing waste of unusual
strength, character or composition may be accepted for treatment, subject to additional payment by
such user; provided, however, that such agreement shall have the prior approval of the WRA Board,
shall not conflict with the Iowa department of natural resources and U.S. Environmental Protection
Agency requirements, and shall be consistent with subsection 204-63(b) and sections 204-64 and
204-65 of this article, and subsection (f) of this section.
(e) The WRA director may reject any waste which, in the opinion of the director, may cause
interference or pass through.
(f) Users shall obtain the specific approval of the WRA director prior to discharging any waste
resulting from a pretreatment facility to the POTW. The WRA director may develop a
documentation system to track the transportation and final disposition of any pretreatment waste.
Pretreatment waste regulated by this subsection shall include waste generated as a result of
pretreatment processes used to comply with National Pollutant Discharge Elimination System
permits, air pollution permits, wastewater discharge permits, soil/groundwater reclamation
processes, and pollutants resulting from a spill of any liquid or solid material or the cleanup of any
such spill. Pretreatment waste is prohibited from disposal to the water of the state except as
specifically permitted by the Iowa department of natural resources.
Sec. 204-68. Dilution prohibited.
Users shall not increase the use of process water or, in any way; attempt to dilute a discharge
as a partial or complete substitute for adequate pretreatment to achieve compliance with the
limitations contained in the National Categorical Pretreatment Standards, or with any other
pollutant-specific limitation developed by the WRA or its Operating Contractor.
30
Sec. 204-69. Spill containment.
(a) Users having the ability to cause interference or pass through or to discharge a slug shall
provide protection from accidental discharge to the POTW of prohibited materials or other
substances regulated by this article. Facilities to prevent accidental discharge of prohibited materials
shall be constructed, installed, operated and maintained at the user's sole cost and expense.
(b) Users meeting the criteria in subsection (a) of this section shall develop a spill containment
plan. The plan shall require the approval of the WRA director and shall contain the following:
(1) A description of discharge practices, including non-routine batch discharges.
(2) A description of stored chemicals.
(3) Procedures for immediately notifying the WRA of slug discharges, including any that
would violate the discharge prohibitions in section 204-62 of this division. Notification
procedures shall comply with subsections (c) and (d) of this section.
(4) A description of procedures and structures necessary to prevent adverse impacts upon
the POTW from accidental spills including inspection and maintenance of storage areas,
handling and transfer of materials, loading and unloading operations, control of plant site
runoff, worker training, building of containment structures or equipment, measures for
containing toxic organic pollutants including solvents, and/or measures and equipment for
emergency response.
(5) A schedule for the completion or implementation of necessary procedures and
structures. Complete implementation and installation of any procedures or structures shall be
according to the shortest possible schedule, but in no case longer than one year. Review and
approval of such plans and operating procedures shall not relieve the user from the
responsibility to modify and operate its facility as necessary to meet the requirements of this
article.
(c) Users shall immediately telephone and notify the WRA of any accidental or deliberate
discharge of pollutants which violates section 204-62 of this division or which is a slug load. Any
discharge into the POTW of a substance which is a listed or characteristic waste under section 3001
of RCRA must be immediately reported to the U.S. Environmental Protection Agency Regional
Director, the Iowa department of natural resources, and the WRA. Notifications required in this
subsection shall include the name of caller, location and time of discharge, pollutant concentration,
volume and the corrective actions taken.
(d) Users shall submit a written report to the WRA director within five days following such an
accidental or deliberate discharge describing the cause of the discharge and the measures to be taken
by the user to prevent similar future occurrences. Users shall submit follow-up reports as may be
required by the WRA director. Such report shall not relieve the user of any expense, loss, damage or
other liability which may be incurred as a result of damage to the POTW, fish kills, or any other
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damage to person or property, nor shall such report relieve the user of any fines, civil penalties, or
other liability which may be imposed by this article or otherwise. Failure to report accidental or
deliberate discharges may, in addition to any other remedies available to the city; result in the
revocation of the discharger's wastewater discharge permit.
(e) Users shall control production or all discharges to the extent necessary to maintain
compliance with all applicable regulations upon reduction, loss, or failure of its pretreatment facility
until the facility is restored or an alternative method of pretreatment is provided. This requirement
applies in the situation where, among other things, the primary source of power to the user's
pretreatment facility is reduced, lost or fails.
(f) Users required to have a spill containment plan must permanently post a notice in English
and the language of common use on the user's bulletin board or other prominent place advising
employees whom to call if a prohibited discharge occurs. Users shall ensure that all employees who
are in a position to cause, discover, or observe such an accidental discharge are advised of the
emergency notification procedures.
Sec. 204-70. Treatment upsets.
Users shall inform the WRA director within one hour of becoming aware of an upset in
operations that places it in a temporary state of noncompliance with the pollutant limits in this
article. Users shall provide a follow-up written report to the WRA director within five days. The
report must demonstrate that the pretreatment facility was being operated in a prudent and
appropriate manner and shall contain:
(1) A description of the upset, its cause, and impact on the user's compliance status.
(2) The duration of noncompliance, including exact dates and times of noncompliance,
and, if the noncompliance is continuing, the time by which compliance is reasonably
expected to be restored.
(3) All steps taken or planned to reduce, eliminate, and prevent recurrence of such an
upset.
Sec. 204-71. Treatment bypass.
(a) Under this article, bypass is prohibited unless it is unavoidable to prevent loss of life,
personal injury, or severe property damage or no feasible alternatives exist such as the use of
auxiliary treatment facilities, retention of untreated waste, or maintenance during normal periods of
equipment downtime.
(b) The user may allow a bypass to occur which does not cause a violation of pretreatment
standards, but only if it is for essential maintenance to ensure efficient operation.
(c) Notification of bypass shall be submitted in accordance with the following:
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(1) Anticipated bypass. If the user knows in advance of the need for a bypass, it shall
submit prior written notice, at least ten days before the date of the bypass, to the WRA
director.
(2) Unanticipated bypass. The user shall immediately notify the WRA director and
submit a written report to the WRA within five days. This report shall specify the following:
a. A description of the bypass, its cause, and the duration.
b. Whether the bypass has been corrected.
c. The steps being taken or to be taken to reduce, eliminate and prevent a
reoccurrence of the bypass.
(d) Proper notification shall not relieve the user of liability for treatment costs and fees or other
remedies as provided for in section 204-67 of this division.
Sec. 204-72. Fees.
To provide for the recovery of costs from users of the POTW and for the implementation of
the pretreatment program established by this article, the following fees are hereby established and
shall be applicable to discharges by all users:
(1)All users shall be subject to the following fees and charges:
a.The wastewater discharge permit application fee shall be $200.00 for a class
A permit, $100 for a class B permit, and $100 for a soil/groundwater remediation
permit.
b.The annual fee for a class A wastewater discharge permit shall be $1000.00.
c.The annual fee for a class B wastewater discharge permit shall be $400.00.
d.The fee paid by each industrial user when an accidental discharge or slug load
occurs shall be up to $1,000.00. The fee shall reimburse the WRA for any costs
incurred as a result of the discharge.
e.The fee for sampling a user's discharge shall be $50.00 per day when using a
24-hour automatic sampler. The fee for subsequent consecutive days and for
collecting grab samples shall be $25.00 per day. When a sampling event must be
rescheduled due to failure of the user's sampling equipment or due to a sampler seal
(used to detect sample tampering) being broken, a trip charge of $25.00 and a
rescheduling fee of $50.00 shall be assessed. The trip charge fee may be waived if
33
the user informs the WRA of sampling equipment failure prior to 8:00 a.m. of a
scheduled sampling day.
f. Laboratory analysis fees for those analyses performed by the WRA shall be as
follows:
LABORATORY ANALYSIS FEES
Test Cost/
Sample
BOD $ 20.00
COD 20.00
Total Organic Carbon (TOC) 20.00
TSS 10.00
Ph 5.00
Oil and grease – Total 35.00
Mineral/nonmineral 35.00
Nitrogen, ammonia 15.00
Nitrogen, nitrate 15.00
TKN 30.00
Phosphorous, total 25.00
Potassium 12.00
Calcium carbonate equivalent 15.00
Soil analysis, each pollutant 20.00
Phenols 28.00
Cyanide 30.00
Metals:
Arsenic 20.00
Selenium 20.00
Mercury 25.00
Other metals (per parameter) 15.00
BETX (OA-1) 40.00
VPH (OA-1) 40.00
BETX & VPH (OA-1) 45.00
34
USEPA Tests:
608 Organochlorine
Pesticides & PCBs
70.00
624 Volatile Organic
Compounds
140.00
625 Base/Neutral Organic
Compounds
and/or
290.00
625 Acid/Organic
Compounds
290.00
g. Fees for analysis performed by laboratories other than the WRA laboratory
shall be the full cost of each analysis.
h. Fees for annual or biannual inspections of permitted users shall be $100.00
for those holding a class A permit and $50.00 for those holding a class B permit.
i. Fees for copying and mailing documents shall be $1.00 for the initial page
and $0.25 for each additional page plus postage. No charges shall be assessed for
requests for copies received from individuals or agencies served by the WRA,
provided the number of pages requested does not exceed ten.
j. Fees for past due reminders sent each 30 days that a balance remains unpaid
shall be $5.00.
k. Prohibitive waste charges for each pollutant discharged in excess of permit or
ordinance limits shall be $25.00 per day for class B permit holders and $50.00 per
day for class A permit holders. High strength charges shall double if discharges are
slug loads. Payment of fees does not preclude other enforcement action and may not
be paid in lieu of compliance with discharge limitations.
l. Fees for inspection of a food service establishment as defined in division 5 of
this article, regulation of fats, oils, and grease discharge by food service
establishments, shall be $50 per visit.
(2) All users contributing wastewater in excess of the following concentrations shall be
assessed a surcharge, which shall be in addition to the rates and charges ordinarily billed to
such users for sewer use:
35
Pollutant Surcharge
(per pound)
Suspended solids in excess of 250 mg/l $0.16
BOD or CBOD in excess of 200 mg/l 0.11
TKN in excess of 30 mg/l 0.61
Oil and grease in excess of 100 mg/l 0.06
Chemical oxygen demand (COD) in excess of 300 mg/l may be used at the discretion of the
WRA director in lieu of CBOD. In such case the excess COD concentration shall be multiplied by
the known CBOD/COD ratio or by a ratio of two-thirds to establish an equivalent CBOD
concentration.
Ammonia nitrogen (NH3-N) in excess of 15 mg/l may be used at the discretion of the WRA
director in lieu of TKN by multiplying the excess NH3-N concentration times two to establish an
equivalent TKN concentration.
(3) The establishment and imposition of new or different fees or charges, in addition or
in substitution for those provided above in this section, shall be by ordinance amending this
chapter. The amounts of the fees and charges established in this section shall be and remain
in effect until such time as the WRA Board shall by resolution revise said fee amounts. Said
revised fees and charges shall take effect after the board causes said resolution to be sent to
this city council and thereafter causes same to be published in a newspaper of general
circulation in each county in which participating communities are located.
Secs. 204-73--204-100. Reserved.
36
DIVISION 3. INDUSTRIAL WASTEWATER DISCHARGE PERMITS AND REPORTING
REQUIREMENTS
Sec. 204-101. Classes of permits.
Discharge permit classifications shall be as follows:
(1) Class A permit issued to a user discharging 25,000 gallons per day or more of
process wastewater (excludes sanitary, non-contact cooling, and boiler blowdown).
(2) Class B permit issued to a user discharging less than 25,000 gallons per day of
process wastewater.
Sec. 204-102. Permit requirements.
(a) All new industrial users shall notify the WRA director of the nature and characteristics of
their proposed discharge 180 days prior to commencing discharge. A notification form prescribed by
the WRA shall be used for this purpose.
(b) Significant users shall discharge wastewater, either directly or indirectly, into the POTW
only after obtaining a wastewater discharge permit from the WRA director. Obtaining a wastewater
discharge permit does not relieve a user of the obligation to obtain other permits required by federal,
state, or local law.
(c) Other users, including waste haulers, shall obtain permits as required by the WRA director.
Sec. 204-103. Permit applications; baseline monitoring reports.
Users applying for a wastewater discharge permit or submitting a baseline monitoring report
shall submit the following information as required by 40 CFR 403.12 or by the WRA director:
(1) Users applying for a wastewater discharge permit must submit an application form
prescribed by the WRA and accompanied by the application fee. All new significant users
must submit such application 180 days prior to the date of any wastewater discharge.
Existing users subject to new National Categorical Pretreatment Standards must, within 180
days after the effective date of the standard, submit such an application. The following
information is required:
a. Name, address, and location of the facility, if different from the mailing
address.
b. The name of a person or agent authorized to accept legal service of process.
c. Standard industrial classification (SIC) code of both the industry as a whole
and any processes for which National Categorical Pretreatment Standards have been
37
promulgated and a list of any environmental control permits held by or for the
facility.
d. Wastewater constituents and characteristics including any pollutants in the
discharge which are limited by any federal, state, or local standards with sampling
and analysis performed in accordance with Environmental Protection Agency
approved methods, and meeting the following requirements:
1. The user shall identify the pretreatment standards applicable to each
regulated process if the user is a categorical user.
2. All samples shall be representative of daily operations.
3. A minimum of four grab samples, if required, must be used for pH,
cyanide, total phenols, oil and grease, sulfide and volatile organics. For all
other pollutants required, 24-hour composite samples must be obtained
through flow-proportional composite sampling techniques where feasible.
The WRA director may waive flow-proportional composite sampling for any
user who demonstrates that flow-proportional sampling is not feasible. In
such cases, samples may be obtained through time-proportional techniques or
through a minimum of four grab samples where the user demonstrates that
such sampling will provide a representative sample of the effluent being
discharged.
4. Where the flow of the stream being sampled is less than or equal to
250,000 gallons per day, the user must analyze three samples within a two-
week period. Where the flow of the stream being sampled is greater than
250,000 gallons per day, the user must analyze six samples within a two-
week period.
5. Samples must be taken immediately downstream from pretreatment
facilities if such exist or immediately downstream from the regulated process
if no pretreatment exists and prior to mixing with other waste. If non-
regulated wastewater is mixed with regulated wastewater prior to
pretreatment, the user must measure the flows and concentrations necessary
to allow use of the combined waste stream formula of 40 CFR 403.6(e) in
order to evaluate compliance with pretreatment standards. Where an alternate
concentrations or mass limit has been calculated in accordance with 40 CFR
403.6(e), this adjusted limit along with supporting data shall be submitted to
the WRA director. Users not subject to categorical standards shall submit
analysis of wastewater representative of the effluent discharged to the POTW.
6. The WRA director may allow the submission of an application which
utilizes only historical data so long as the data provides information sufficient
to determine the need for pretreatment.
38
7. A statement indicating the time, date and place of sampling, methods
of analysis, and certifying that such sampling and analysis is representative of
normal work cycles and expected pollutant discharges to the POTW shall
accompany each application/baseline monitoring report unless such sampling
and analysis was performed by the city.
e. Time and duration of all discharges.
f. Daily maximum, daily average, and monthly average wastewater flow rates,
including daily, monthly, and seasonal variations, if any.
g. Description of activities, facilities, and plant processes at the site, including a
list of all raw materials and chemicals used at the facility which are or could
accidentally or intentionally be discharged to the POTW.
h. The site plans, floor plans and mechanical and plumbing plans and details to
show all sewers, floor drains, and appurtenances by size, location and elevation. The
plans shall include a schematic process diagram which indicates all points of
discharge to the POTW. All plans must be certified for accuracy by a professional
engineer registered in the state.
i. Each product produced by type, amount, process and rate of production.
j. Type and amount of raw materials processed (average and maximum per
day).
k. Number and type of employees and hours of operation and proposed or actual
hours of operation of the pretreatment facility.
l. A statement, reviewed by an authorized representative of the user, as defined
in section 204-113 of this division, and certified to by a professional engineer
registered in the state, indicating whether pretreatment standards are being met on a
consistent basis and if not whether additional operation and maintenance or
additional pretreatment is required for the user to meet pretreatment standards and
requirements.
m. If additional pretreatment or O&M will be required to meet pretreatment
standards or requirements, the user shall supply a compliance schedule indicating the
shortest time schedule necessary to accomplish installation or adoption of such
additional pretreatment or O&M. The completion date in this schedule shall not be
longer than the compliance date established for the applicable pretreatment standard.
The following conditions apply to this schedule:
39
1. The schedule 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 standards. Such schedule shall include,
where applicable, but shall not be limited to dates for the hiring of an
engineer, completing preliminary plans, executing contracts for major
components, commencing construction, beginning operation, and conducting
routine operations.
2. No increment referred to in subsection (1) m.1 of this section shall
exceed nine months, nor shall the total compliance period exceed 18 months.
3. No later than 14 days following each date in the schedule and the final
date for compliance, the user shall submit a progress report to the WRA
director, including, as a minimum, whether or not it complied with the
increment of progress, the reason for any delay, and if appropriate the steps
being taken by the user to return to the established schedule. In no event shall
more than nine months elapse between such progress reports to the WRA
director.
n. If additional pretreatment and/or operation and maintenance will be required
to meet the limits on discharge into the POTW set forth in section 204-62, 204-63,
204-64 of this article, or any other limits set by the WRA director, a plan shall be
provided by the user giving the shortest schedule by which the user will provide the
needed equipment, operation, or maintenance changes and additions to meet such
limits. The completion date in this schedule shall not be later than the compliance
date established for the National Categorical Pretreatment Standards. For a
compliance schedule for meeting National Categorical Pretreatment Standards the
following condition shall apply:
1. The schedule 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 to meet the
applicable National Categorical Pretreatment Standards. Such schedule shall
include, where applicable, but not be limited to dates for the hiring of an
engineer, completing preliminary plans, completing final plans, executing
contracts for major components, commencing construction and completing
construction.
2. No time increment in the schedule may exceed nine months.
3. No later than 14 days after each date in the schedule and the final date
for compliance, the user shall submit a progress report to the WRA director
stating whether or not it 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
40
increment of progress, the reason for delay, and the steps being taken by the
user to return to the schedule established. In no case shall more than nine
months elapse between such progress reports to the WRA.
o. Any additional information required by the WRA director to evaluate a
permit application.
(2) All applications and reports must contain the certification statement and be signed in
accordance with section 204-113 of this division.
Sec. 204-104. Report on compliance by categorical industries.
Users subject to National Categorical Pretreatment Standards shall submit a report to the
WRA director containing the information described in subsections 204-103(1)c, (1)d, (1)e and (1)k
of this division within 90 days following the date for final compliance with applicable National
Categorical Pretreatment Standards or, if a new source, following commencement of discharge.
Users subject to equivalent mass or concentration limits shall provide a reasonable measure of the
user's longterm production rate. For all other users subject to National Categorical Pretreatment
Standards expressed in terms of allowable pollutant discharge per unit of production or other
measure of operation, this report shall include the user's actual production during the appropriate
sampling period. All reports must contain the certification statement and be signed in accordance
with section 204-113 of this division.
Sec. 204-105. Permit contents.
Wastewater discharge permits shall include such conditions as are reasonably deemed
necessary by the WRA director to prevent pass through or interference; protect the quality of the
water body receiving effluent from the POTW; protect worker health and safety; facilitate the
WRA's sludge management and disposal program; protect ambient air quality; and protect against
damage to the POTW. The WRA director may include the following items in the permit and such
additional items as the director determines necessary or prudent:
(1) Limits on the average or maximum rate of discharge, time of discharge, or
requirements for flow regulation and equalization.
(2) Limits on the average or maximum concentration, mass, or other measure of
identified wastewater constituents or properties.
(3) Requirements for the installation of pretreatment technology or construction of
appropriate containment devices, etc., designed to reduce, eliminate, or prevent the
introduction of pollutants into the POTW.
(4) Development and implementation of spill control plans or other special conditions
including additional management practices necessary to adequately prevent accidental,
unanticipated, or prohibited discharges.
41
(5) The unit charge or schedule of user charges and fees for the management of the
wastewater discharged to the POTW.
(6) Requirements for installation and maintenance of inspection, sampling, and flow
monitoring facilities and equipment for each separate discharge into the POTW.
(7) Specifications for monitoring programs which may include sampling locations,
frequency of sampling, number, types, and standards for tests, and reporting schedules.
(8) Compliance schedules.
(9) Requirements for submission of technical reports or discharge reports and which may
include production data.
(10) Requirements for maintaining and retaining plant records relating to wastewater
discharge as specified by the WRA director and affording the director or the director's
representatives access thereto.
(11) Requirements for the notification of any substantial change in the manufacturing
processes, pretreatment processes, quantity or quality of waste discharged to the POTW 90
days prior to such change. The WRA director shall approve, deny or condition a changed
discharge prior to a change occurring in accordance with subsection 204-61(a)(4) of this
article.
(12) Requirements for notification of excessive, accidental, or slug discharges.
(13) Other conditions as deemed appropriate by the WRA director to ensure compliance
with this article, and state and federal laws, rules, and regulations.
(14) A statement that compliance with the permit does not relieve the permittee of
responsibility for compliance with all applicable federal pretreatment standards, including
those which become effective during the term of the permit.
Sec. 204-106. Permit duration and renewal.
Permits required under this division shall be issued for a specified time period, not to exceed
five years. Permit fees shall be due annually to the WRA regardless of the term of the permit.
Permitted users shall apply for a new permit by submitting a completed permit application a
minimum of 90 days prior to the expiration of the user's existing permit.
Sec. 204-107. Continuation of expired permits.
Expired permits issued pursuant to this division shall remain effective and enforceable until
the permit is reissued unless the user is notified of permit termination by the WRA director.
42
Sec. 204-108. Permit modifications.
(a) The WRA director may modify the permit issued pursuant to this division for good cause,
including but not limited to the following:
(1) To incorporate any new or revised federal, state, or local pretreatment standard or
requirement. After becoming aware of more stringent standards or requirements, the WRA
will, as necessary, update permits within 90 days;
(2) To make material or substantial alterations or additions to the discharger's operation
processes, or discharge volume or character which were not considered in drafting the
effective permit;
(3) To make a change in any condition in either the industrial user or the POTW that
requires either a temporary or permanent reduction or elimination of the authorized
discharge;
(4) Upon receipt of information indicating that the permitted discharge poses a threat to
the POTW, to City, WRA or operating contractor personnel, or to the receiving water;
(5) Upon occurrence of a violation of any terms or conditions of the permit;
(6) Misrepresentation of, or grant of variance from, such categorical standards pursuant
to 40 CFR 403.13;
(7) To correct typographical or other errors in the permit;
(8) To reflect transfer of ownership or operation of the permitted facility to a new owner
or operator; or
(9) Upon request of the permittee, provided such request does not create a violation of
any applicable requirements, standards, laws, or rules and regulations.
(b) The filing of a request by the permittee for permit modification, revocation and reissuance,
termination, or a notification of planned changes or anticipated noncompliance shall not have the
effect of staying or delaying the implementation or effective date of any permit condition.
Sec. 204-109. Permit transfer.
An industrial wastewater discharge permit is not transferable to any other person or entity. A
new owner or operator must apply for a new wastewater discharge permit 60 days prior to taking
ownership or undertaking operation of a permitted facility.
43
Sec. 204-110. Denial of permit.
The WRA director may deny a wastewater discharge permit to any user whose discharge of
material to the POTW, whether shown upon application, including test results submitted by the
applicant, or determined after inspection or testing conducted by the WRA or its operating
contractor, is not in conformity with this article or whose application is incomplete or does not
comply with the requirements of section 204-103 of this division.
Sec. 204-111. Permit violations.
Any violation of the terms, conditions, or limits of a user's wastewater discharge permit shall
be deemed a violation of this article and shall subject the user to all enforcement procedures
outlined in this article.
Sec. 204-112. Periodic compliance reports.
Under this division, periodic compliance reports are required as follows:
(1) Significant users shall submit to the WRA director, during the months of January and
July, a report indicating the nature, concentration, and flow of pollutants in the effluent
which are limited by permit or pretreatment standards for the preceding six-month period.
This report shall include a record of the monthly average flows and the daily flow for each
analysis date during the reporting period. At the discretion of the WRA director and in
consideration of such factors as local high or low flow rates, holidays, budget cycles, etc.,
the WRA director may agree to alter the months during which the reports are to be
submitted. More frequent reports may be required by the WRA director.
(2) The WRA director may impose mass limitations on users. In such cases, the report
required by subsection (1) of this section shall indicate the mass of pollutants regulated by
pretreatment standards in the effluent of the user. All analyses shall be performed using
Environmental Protection Agency approved methods using sampling techniques approved
by the Iowa department of natural resources.
(3) Users shall meet the certification and signatory requirements in section 204-113 of
this division for each report submitted under this section. Where the WRA itself collects all
the information required for the report, including flow data, the industrial user will not be
required to submit a periodic compliance report.
(4) A user must notify the WRA director of all violations identified as a result of self-
monitoring to the POTW by telephone, during normal business hours, within 24 hours of the
time the user becomes aware of such violation. The user must also submit the results of
repeat analyses to the WRA within 30 days after becoming aware of the violation, together
with a complete report on all steps taken to resolve the violation. The user need not repeat
the analyses if:
44
a. The WRA performs sampling of the industrial user at a frequency of at least
once per month; or
b. The WRA performs sampling of the user between the time when the user
performs its initial sampling and the time when the user receives the results of this
sampling.
c. The City of Waukee would prefer 24-hour composite sampling not grab
samples.
(5) A user who monitors any pollutant more frequently than required by the WRA or
who self-monitors in addition to WRA monitoring, using Environmental Protection Agency
methods or standard methods, shall report the monitoring results to the WRA director in
accordance with subsections (1), (3) and (4) of this section.
Sec. 204-113. Certification and signatory requirements.
(a) All applications or reports submitted by a user pursuant to this division shall contain the
following certification statement:
"I certify under penalty of law that this document and all attachments were prepared under
my direction or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry of
the person or persons who manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and imprisonment for knowing
violations."
(b) All applications and reports shall be signed by an authorized representative of the user as
defined in section 204-316 of this article. A user shall maintain a current and accurate authorization
on file with the WRA director.
Sec. 204-114. Monitoring facilities.
(a) When required by the WRA director pursuant to this division, each permitted user shall at its
expense provide and operate monitoring facilities to allow inspection, sampling, and flow
measurement of the building sewer or internal drainage systems. The WRA director may require the
placement of such monitoring facilities at the end of each process where pollutants are used,
produced, or treated. The monitoring facility should normally be situated on the user's premises and
located so that it will not be obstructed by landscaping or parked vehicles.
(b) When required by the wastewater discharge permit and within 90 days of written
notification, a user shall install a sampling chamber for each separate discharge of the building
sewer in accordance with plans and specification approved by the WRA director. A user shall
45
provide ample room in or near such sampling chamber to allow accurate sampling and preparation
of samples for analysis. Each user shall at its expense maintain all sampling and measuring
equipment in a safe and proper operating condition at all times, which equipment shall be safely,
easily and independently accessible to authorized representatives of the WRA. Users shall certify all
flow measuring devices to be in proper working condition at a frequency specified in the permit or
in writing by the WRA director, using a qualified technician acceptable to the WRA director.
Sampling shall be in accordance with the following:
(1) Each sampling chamber shall contain a flume unless another device is approved by
the WRA director, with a recording and totalizing device for measurement of the liquid
quantity.
(2) At the discretion of the WRA director, metered water supply to a user may be used as
the volume quantity where it is substantiated that the metered water supply and waste
quantities are approximately the same, or where a measurable adjustment agreed to by the
director is made in the metered water supply to determine the liquid waste quantity. Separate
meters may be used to subtract water which is not discharged to the POTW or is discharged
to a sewer other than the sampled location.
(3) Samples shall be taken at a frequency and volume determined by the WRA director
and shall be properly refrigerated and preserved in accordance with Environmental
Protection Agency approved methods. The sample shall be composited in proportion to the
flow for a representative 24-hour sample. A time proportioned 24-hour sample may be used
if flow proportioned sampling is determined by the WRA director to be impractical. Grab
samples shall be used where appropriate.
(c) A user must inform the WRA director prior to breaking a sampler seal, used by the WRA to
detect sample tampering, unless necessary to prevent loss of life, personal injury, or severe property
damage. A user shall not place additional seals or locks upon a sampler which may be used by the
WRA without first obtaining approval from the WRA director.
Sec. 204-115. Inspection, sampling and recordkeeping authority.
Under this division, users shall be deemed to have given the following authorities to the
WRA and its operating contractor:
(1)Users shall permit authorized representatives or agents of the WRA to enter upon all
properties and all parts of the premises, or upon properties of users with wastewater
discharge permits, for the purposes of inspection, sampling, records examination, records
copying, or the performance of any of their duties. This shall include the right to set up, on
the user's property, such devices as are necessary to conduct sampling, inspection,
compliance monitoring, or metering operations as may be required in pursuance of the
implementation and enforcement of this article.
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(2)Where a user has security measures in force which would require proper
identification and clearance before entry into the premises, the user shall make necessary
arrangements in the security measures so that, upon presentation of suitable identification,
WRA or operating contractor personnel will be permitted to enter, without delay, for the
purposes of performing their specific responsibilities.
(3) All users subject to any of the reporting requirements of this article shall maintain
copies of reports and records of all information as required in 40 CFR 403.12(o) resulting
from any monitoring activities required by this article for a minimum of three years and shall
make such records available for inspection and copying by the WRA and its operating
contractor. This period of retention shall be extended until the completion of any unresolved
negotiation, hearing, or litigation involving a purported violation.
Sec. 204-116. Confidential documents, data and information.
(a) Except as provided in this section, documents, data and information obtained from user
reports, questionnaires, permit applications and inspections pursuant to this division shall be made
available to the public or other governmental agencies without restriction. If the user specifically
requests and is able to demonstrate that the release of such information would divulge information
concerning processes or methods of production entitled to protection under law as trade secrets of
the user or would give advantage to competitors and serve no public purpose, the WRA director
may determine that such information should be kept confidential and not made available for public
examination, but such information shall be available to the U.S. Environmental Protection Agency
or the Iowa department of natural resources.
(b) Decisions by the WRA director to deny confidential status for information may be appealed
using the procedures in section 204-117 of this division. In determining whether information is
confidential, the provisions of I.C. ch. 22 shall prevail.
(c) Effluent data and enforcement actions by the WRA or its operating contractor will not be
considered confidential records or information.
Sec. 204-117. Appeal of denial of confidential status.
(a) Any person aggrieved by the WRA director's decision to release information or data
obtained as provided in subsection 204-116(a) of this division and who can demonstrate a direct and
substantial interest in the information or data sought to be kept confidential may appeal the WRA
director's decision. A request for appeal shall be filed in writing with the WRA director not less than
five days after the WRA director's decision to deny confidential status to such information or data.
The appeal request shall include a statement of the basis upon which the request for confidential
status is made, as well as the appealing party's interest in the information or data sought to be kept
confidential. The WRA director may request additional information from the appealing party.
(b) Based upon the information provided by the appealing party, the WRA director shall make a
determination with respect to the confidentiality of the information or data at issue. The WRA
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director shall notify the parties, in writing, of the WRA director's decision within 7 days after receipt
of the appeal.
(c) If still aggrieved by the WRA director's determination on appeal, a party may file an action
in Polk County district court, seeking a declaratory ruling with respect to the confidentiality of such
documents, data and information, or seeking an injunction to prevent the disclosure of same.
(d) During the pendency of an appeal to the WRA director, the documents, data or information
at issue shall be kept confidential. However, if during the pendency of such appeal, a request for
examination or copying of such documents, data or information is made of the WRA or its operating
contractor pursuant to I.C. ch. 22, the WRA or its operating contractor will notify the appealing
party of such request for disclosure and will keep confidential the requested documents, data or
information, pending action by the appealing party to defend its confidentiality request. In that
notification, the appealing party requesting confidentiality will be given not more than 5 calendar
days within which to file suit in Polk County district court seeking the entry of a declaratory order
and/or injunction to protect and keep confidential such documents, data or information. If the
appealing party fails to initiate suit within the time requested, the WRA director shall release the
documents, data or informational issue for public examination.
(e) If during the pendency of such appeal, a lawsuit is initiated pursuant to I.C. ch. 22 seeking
the release of such documents, data or information, the appealing party shall take action to defend
its confidentiality request in said lawsuit. If the appealing party fails to defend its confidentiality
request in said suit, the WRA director shall release the documents, data or information at issue for
public examination.
Secs. 204-118--204-145. Reserved.
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DIVISION 4. ENFORCEMENT OF INDUSTRIAL WASTEWATER REGULATIONS
Sec. 204-146. Public notification of significant noncompliance.
The WRA will annually publish, in the largest daily newspaper published in the WRA
community, a list of users who at any time during the previous 12 months were in significant
noncompliance as defined in section 204-147 of this division.
Sec. 204-147. Significant noncompliance.
(a) Any violation of pretreatment requirements under this article (i.e. including but not limited
to those relating to limits, sampling, analysis, reporting, meeting compliance schedules, and
regulatory deadlines) is an instance of noncompliance for which the user is liable for enforcement,
including penalties and injunctive relief. Instances of significant noncompliance are user violations
which meet one or more of the following criteria:
(1) Violations of wastewater discharge limits as follows:
a. Chronic violations. Sixty-six percent or more of the measurements exceed the
same daily maximum limit or the same average limit in a six-month period (any
magnitude of exceedance).
b. Technical review criteria (TRC) violations. Thirty-three percent or more of
the measurements exceed the same daily maximum limit or the same average limit
by more than the TRC in a six-month period. (e.g., limit x TRC = the point at which
a violation becomes a TRC violation). There are two groups of TRCs as follow:
Group I for conventional pollutants (BOD,
TSS, FOG)
TRC = 1.4
Group II for all other pollutants TRC = 1.2
c. Any other violation of a wastewater discharge permit limit (average or daily
maximum) that the WRA director believes has caused, alone or in combination with
other discharges, interference, including slug loads, or pass through or which
endangers the health of City, WRA or operating contractor personnel or the public.
d. Any discharge of a pollutant that has caused imminent endangerment to
human health/welfare or to the environment and has resulted in the WRA's exercise
of its emergency authority to halt or prevent such a discharge.
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(2) Violations of compliance schedule milestones, contained in a wastewater discharge
permit or enforcement order, for starting construction, completing construction, or attaining
final compliance by 90 days or more after the schedule date.
(3) Failure to provide reports for compliance schedules, self-monitoring data, or any
other report required by the WRA within 45 days from the due date.
(4) Failure to accurately report noncompliance.
(5) Any other violation or group of violations, which may include a violation of Best
Management Practices that the WRA director considers to be significant.
(b) When a user is in significant noncompliance, the WRA director is directed to:
(1) Report the information to the Iowa Department of Natural Resources as part of the
annual pretreatment performance summary of permitted user noncompliance.
(2) Include the user in the annual public notification according to section 204-146 of this
division.
(3) Address significant noncompliance through appropriate enforcement actions or
document in a timely manner the reasons for withholding enforcement.
Sec. 204-148. Administrative actions.
(a) The WRA director may issue a written notice to the user giving the specific nature of
violations which shall include the frequency, magnitude and impact of the violation upon the
POTW. The notice may also include the following:
(1) An order requiring a plan of action for preventing reoccurrence of the violation.
(2) An order requiring specific action for accomplishing remediation.
(3) An order requiring the user to respond in writing within 30 days.
(b) The WRA director is empowered to enter into consent orders, assurances of voluntary
compliance, or other similar documents establishing an agreement with the user responsible for any
noncompliance. Such orders will include specific action to be taken by the user to correct
noncompliance within a time period specified by the order.
(c) The WRA director may issue enforceable orders or schedules to require compliance with
pretreatment standards including appropriate interim limits. Such orders and schedules may be
incorporated as a revision to an existing wastewater discharge permit and shall not require the
consent of the user.
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Sec. 204-149. Actions authorized.
(a) Where there has been noncompliance with any section of this article, the WRA director may
request the WRA operating contractor's attorney, or the attorney retained by the WRA for that
purpose, to bring an action in equity or at law to seek the issuance of a preliminary or permanent
injunction, or both, or such other relief as may be appropriate, to compel the user's compliance with
this article.
(b) In addition to other remedies provided under this section or other sections of this article, in
any action brought at the request of the WRA director to enforce this article, the WRA operating
contractor's attorney or the attorney retained by the WRA is authorized to seek to recover all actual
damages suffered by the City of Waukee or the WRA, including all actual damages and losses
related to costs of repair and remediation of the POTW, costs of investigation and administration
reasonably related to any particular violation and attorneys' fees.
Sec. 204-150. Civil penalties.
(a) Each violation of any section of this article or of a permit issued under this article is declared
to be a municipal infraction. Each day that a violation of a section of this article continues, and each
day that a violation of a permit issued under this article continues, shall be considered a separate
municipal infraction.
(b) Any person who knowingly makes a false statement, representation or certification in any
application, record, report, plan or other document filed or required to be maintained pursuant to
this article or a wastewater discharge permit, or who falsifies, tampers with or knowingly renders
inaccurate any monitoring device or method required under this article, commits a municipal
infraction punishable by a civil penalty as hereafter provided in subsection (d) hereof.
(c) Any person who fails to perform an act required by the provisions of this article, or who
commits an act prohibited by the provisions of this article, commits an environmental violation and
shall be guilty of a municipal infraction, punishable by a civil penalty as provided by section 1-15.
Violation of a pretreatment standard or requirement referred to in 40 CFR 403.8 is an environmental
violation punishable by a civil penalty as hereafter provided in subsection (d) hereof.
(d) Whenever in this division any act is prohibited and is declared to be a municipal infraction
or whenever in this division the doing of any act is required and the failure to do that act is declared
to be a municipal infraction, the violation of any such provision shall be punishable by a civil
penalty of not more than $500.00 for each violation or, if the infraction is a repeat offense, by a civil
penalty of not more than $750.00 for each repeat offense. However, a municipal infraction which is
classified as an environmental violation or which arises from noncompliance with a pretreatment
standard or requirement, referred to in 40 CFR 403.8, by an industrial user may be punishable by a
civil penalty of not more than $1,000.00 for each day a violation exists or continues. Each day a
violation of a provision of this division continues shall be considered a separate municipal
infraction.
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State law reference(s) --Authority for enhanced penalties in pretreatment violations, I.C. §
364.22(1).
Sec. 204-151. Performance bonds.
The WRA director may decline to reissue a permit to any user who has failed to comply with
this article or any order or previous permit issued under this article unless such user first files a
satisfactory bond payable to the WRA in a sum not to exceed the value determined by the WRA
director to be necessary to achieve compliance giving due consideration to the number and
magnitude of previous violations, potential need for remediation and stating the reasons which
support the amount of bond in a written order directed to the user, but in no case shall the bond be
required to be greater than $100,000.00. The user shall use a bond form prescribed by the WRA.
Sec. 204-152. Evocation of discharge permit; termination of sewer service.
(a)Grounds for revocation of discharge permit and/or for termination of sewer service. Any
user who violates this article, any condition of its wastewater discharge permit, or any of the
following is subject to having its discharge permit revoked and/or its sewer service terminated in
accordance with the procedures of this section:
(1) Failure to accurately report the wastewater constituents and characteristics of its
discharge.
(2) Failure of the user to report substantial changes in process activity or in volume or
character of pollutants being discharged into the POTW at least 90 days prior to such
change.
(3) Tampering with monitoring equipment.
(4) Refusal to allow reasonable access by WRA or operating contractor personnel to the
user's premises for the purpose of inspection, monitoring, or sampling.
(5) Violation of permit conditions.
(6) Failure to report an upset, failure, or bypass of the user's pretreatment facilities.
(7) Failure to pay fines, fees, or sewer user charges.
(8) Failure to follow enforcement orders or compliance schedules.
(9) Failure to correct a condition that impedes or alters the WRA's ability to monitor the
user's discharge or has the potential to cause interference or pass through.
(10) Failure to obtain a wastewater discharge permit as required by this article after
notification by the WRA director that such permit is required.
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(b)Procedure for revocation of discharge permit and for termination of sewer service. The
procedure for revocation of a discharge permit and termination of sewer service shall be as follows:
(1)Any permit issued to a user pursuant to this article may be revoked, and sewer
service terminated, by written order of the WRA director, specifying the grounds for such
revocation and termination as outlined in subsection (a) of this section, which order shall not
take effect until hearing thereon as hereafter provided. Upon determining that grounds exist
for an order to revoke a user's discharge permit and terminate sewer service, the WRA
director shall cause a notice of hearing to be prepared, specifying the violations of subsection
(a) of this section which are deemed to have occurred, and the time, date and place that such
hearing will be held. The notice shall be sent to the user by regular mail addressed to the
user's address listed on the wastewater discharge permit a minimum of ten days prior to the
date set for hearing, and shall be deemed delivered when placed in the mail.
(2)Sewer service may be terminated by written order of the WRA director, specifying
the grounds for such revocation and termination as outlined in subsection (a)(10) of this
section, which order shall not take effect until hearing thereon as hereafter provided. Upon
determining that grounds exist for an order to terminate sewer service, the WRA director
shall cause a notice of hearing to be prepared, specifying the violation of subsection (a)(10)
of this section which is deemed to have occurred, and the time, date and place that such
hearing will be held. The notice shall be sent to the user by regular mail addressed to the
user's address a minimum of ten days prior to the date set for hearing, and shall be deemed
delivered when placed in the mail.
(3)If after such a hearing the WRA director makes a finding based on substantial
evidence that violations under subsection (a) of this section have occurred as alleged, the
director may issue an order immediately revoking the permit, if a permit had previously been
issued, and terminating sewer service to the user's premises. The determination to revoke
such permit and terminate service, shall be in the discretion of WRA director and shall be
dependent upon the circumstances surrounding the user's violations of subsection (a) of this
section and the severity of those violations. If the user does not appear for the hearing, the
WRA director shall issue the order revoking the discharge permit and/or terminating sewer
service, which shall take effect immediately.
(4) The decision and order of the WRA director to revoke the permit of a user may be
appealed to the WRA appeal committee. Such appeal request shall be in writing, shall
include the grounds for appeal including any factual findings which are disputed, and shall
be delivered to WRA not less than 10 days after the director's entry of the order of
revocation of permit and/or termination of sewer service. Such appeal request shall be
considered delivered when placed in the mail, return receipt requested, addressed to:
53
WRA Appeal Committee
%Des Moines Metropolitan Wastewater Reclamation Authority
3000 Vandalia Road
Des Moines, Iowa 50317
The chair of the appeal committee shall schedule the appeal and shall cause notice of the
time, date and place of the hearing to be mailed to the appealing user. Such appeal shall be
decided by majority vote of the appeal committee. If the appeal committee affirms the order
of the WRA director revoking the permit and/or terminating sewer service, the appeal
committee shall so state and order in its written decision.
(5)A user whose permit has been revoked shall not be eligible for another permit until
30 days after the violating conditions have been corrected to the satisfaction of the WRA
director.
(6)Upon determination by the WRA director that the user's sewer service connection to
the POTW be terminated, the director's written order shall be sent to the city public works
department who shall cause the user's connection to the sewer to be severed or plugged. The
manner of severance and procedure for disconnection shall be determined by the city public
works department. Upon completion of the disconnection, the city public works department
shall certify to the WRA director the city's cost to disconnect the user's sewer service. Upon
receipt of such certification of costs, the WRA director shall forward to the user whose
service was disconnected by registered mail return receipt requested, certified mail, or
personal service a bill for the cost of making the disconnection, including all costs for labor
and materials, and a service charge of $100.00 for WRA supervision.
(7) Any building at which sewer service is disconnected as herein provided shall be
inspected by the city building official and if appropriate shall be red-tagged as unfit for
human occupancy.
Sec. 204-153. Reserved.
Sec. 204-154. Reinstatement of service.
If service is severed pursuant to this division, the service may be reinstated in the following
manner:
(1) Upon payment to the WRA of any delinquency in full, supervision fee of $100.00,
and an inspection by the WRA director to determine whether the original cause for
termination has been corrected, the WRA will issue a permit for reconnection of the building
service line to the POTW. Such reconnection costs, plus inspection fees for the City in
accordance with this Code, shall be at the sole expense of the user.
54
(2) Upon reconnection and payment of all costs described in subsection (1) of this
section, the city through its agents, shall remove the red tag from the building, and the
building shall, so far as the city is concerned, be fit for human occupancy.
Sec. 204-155. Emergency disconnection of service.
(a) Conditions for immediate disconnection of service. The WRA director may, after informal
notice, suspend the wastewater discharge permit of, and sewer service to, a user whenever such
suspension is necessary in order to stop an actual or threatened discharge presenting or causing an
imminent or substantial endangerment to the health or welfare of persons, the POTW, or the
environment.
(b) Procedure for immediate disconnection. The procedure for immediate disconnection shall be
as follows:
(1) When the WRA director determines that a discharge as described in subsection (a) of
this section exists, an oral order shall be issued, followed immediately by a written order, to
the user stating the problem and requiring immediate cessation of the discharge. A user
orally notified of a suspension of its wastewater permit or sewer service shall immediately
stop or eliminate all discharges. If a user fails to immediately and voluntarily comply with
the suspension order, the WRA director shall take immediate action to eliminate the
discharge, including disconnection from the POTW. Methods of informal notice to a user
shall include but not be limited to any of the following: personal conversations between user
and personnel or the WRA or its operating contractor, telephone calls, letters, hand-delivered
messages or notices posted at the user's premises or point of discharge.
(2) A user responsible, in whole or in part, for imminent endangerment shall submit to
the WRA director, prior to the hearing described in subsection 204-152(b) of this division, a
detailed written report describing the causes of the endangerment and the measures taken to
prevent any future occurrence.
Sec. 204-156. Elimination of discharge; reinstatement of permit.
A user notified by the WRA director of revocation of its discharge permit and/or
disconnection of its sewer service under section 204-152 or 204-155 of this division shall
immediately cease discharging wastewater to the POTW. If the user fails to comply voluntarily with
the revocation and/or disconnection order, the city shall take such steps as are deemed necessary by
the WRA, including immediate severance of the sewer connection. The WRA director shall
reinstate the wastewater discharge permit or the sewer service upon proof of the elimination of the
non-complying discharge.
Sec. 204-157. Additional remedies.
(a) In addition to remedies available to the WRA set forth elsewhere in this article, if the WRA
is fined by the Iowa department of natural resources or the U.S. Environmental Protection Agency
55
for violations of the National Pollutant Discharge Elimination System permit for the WRF, or for
violations of water quality standards as the result of a discharge of pollutants by an identifiable user,
the fine, and all legal, sampling, analytical testing costs and any other related costs, shall be charged
to the responsible user. Such charge shall be in addition to any other remedies the WRA may have
under this article at law or in equity.
(b) If the discharge from any user results in a deposit, obstruction, damage or other impairment
to the POTW, the user shall become liable to the city and/or the WRA for any expense, loss, or
damage caused by the violations or discharge. The WRA may add to the user's charges and fees the
costs incurred by the WRA and by the city for any cleaning, repair, or replacement work caused by
the violations or discharge.
(c) The remedies provided in this article shall not be exclusive, and the WRA may seek
whatever other remedies are authorized by statute, at law or in equity against any persons violating
this article.
(d) In addition to any other remedies provided in this article, the City and/or the WRA may
initiate an action, either in law or in equity, to obtain an injunction against further violations of this
article and for judgment for all costs incurred by the City and/or the WRA occasioned by the user's
violation of any requirements of this article.
Sec. 204-158. Notices to the WRA, the WRA board, the WRA director or the WRA steering
committee.
Notices which are required to be given or which may be given to the WRA, the WRA board,
the WRA director or the WRA appeal committee, as provided in this article, shall be mailed to such
entity, body or person at the following address:
Des Moines Metropolitan Wastewater Reclamation Authority
Des Moines Wastewater Reclamation Facility
3000 Vandalia Road
Des Moines, Iowa 50317
Secs. 204-159--204-185. Reserved.
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DIVISION 5. REGULATION OF FAT, OIL AND GREASE DISCHARGE BY FOOD SERVICE
ESTABLISHMENTS.
Sec. 204-186 Purpose.
The purpose of this section shall be to aid in the prevention of sanitary sewer blockages and
obstructions from contribution and accumulation of fat, oil, and grease (FOG) into the POTW.
Such discharges from commercial kitchens, restaurants, food processing facilities and all other
establishments, where fat, oil, and grease of vegetable or animal origin are discharged directly or
indirectly into the POTW, can contribute to line blockages and/or spills in violation of Title 40,
Code of Federal Regulations 40 CFR, Part 403.
Sec 204-187 Definitions.
The definitions found in section 204-26 shall apply to the provisions of this division,
provided however that the following words, terms and phrases, when used in this division, shall
have the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Best management practices or BMPs means and includes schedules of activities,
prohibitions of practices, maintenance procedures, and other management practices to prevent or
reduce the pollution of waters of the State. For purposes of this division, best management
practices include procedures and practices that reduce the discharge ofFOG to the building sewer, to
the city sanitary sewer system and to the POTW.
Design liquid depth means the maximum depth of liquid when the tank is filled with water.
Effective date means the date set forth in section 204-188 upon which the regulatory
provisions of this division take effect.
Food Service Establishment or FSE means an operation or enterprise that stores, prepares,
packages, serves, vends, or otherwise provides food for human consumption. Such facilities may
include, but are not limited to, those that process meat or other food ingredients as an intermediate
step or for final human consumption, food service operations in a summer camp, residential
substance abuse treatment facility, halfway house, correctional facility, school, restaurant,
commercial kitchen, caterer, church, hotel, bars, hospital, prison, care institution or similar facility.
Grease interceptor means a tank that serves one or more fixtures and is remotely located.
Grease interceptors include, but are not limited to, tanks that capture wastewater from dishwashers,
garbage disposals, floor drains, pot and pan sinks and trenches as allowed by local plumbing codes.
For purposes of this ordinance, a grease interceptor is a multi-compartment tank located
underground outside of a building that reduces the amount of FOG in wastewater prior to its
discharge into the POTW.
57
Grease trap means a device designed to retain grease from one to a maximum of four
fixtures. Not all grease traps are approved by the manufacturer for use on heated water (e.g.,
dishwasher) or in-line to a waste disposal unit (e.g., garbage disposal and grinders). For purposes of
this ordinance, a grease trap is a small device located within a building.
Minimum design capability means the design features of a grease interceptor and its ability
or volume required to effectively intercept and retain greases from grease-laden wastewaters
discharged to the POTW.
Non-routine inspection means an impromptu, unscheduled inspection of an FSE made
without prior notification or arrangement.
Routine inspection means an inspection of an FSE which is scheduled in advance or
according to a pre-arranged schedule.
User as used in this division has the same meaning as the definition in section 204-26, but
also includes persons who discharge wastewater to the POTW from mobile sources, such as mobile
food vendors.
Sec. 204-188 Effective date of FOG regulations.
The provisions of this division shall be effective on and after February 26, 2007.
Sec. 204-189 Grease interceptor installation required after effective date.
The owner of a building or facility in which an FSE is located, and the owner or operator of
an FSE shall be required to install an approved grease interceptor, and to thereafter operate and
maintain same as provided in this division.
Sec. 204-190 Exemption from grease interceptor installation requirement.
The requirements of section 118-479 shall not apply to that portion of a building or facility
within which an FSE is in existence on the effective date if:
(a) The FSE has an existing grease interceptor or grease trap in place as of the effective
date and provided that (1) the owner or occupant of the FSE continues to use the interceptor
or trap, (2) the interceptor or trap is of sufficient capacity and design, and (3) the interceptor
or trap is operated and maintained so as to comply with FOG discharge limits; and
(b) Any repair, remodeling or renovation of the wastewater plumbing system in the
existing FSE involves only (1) the repair of leaks or the clearing of stoppages in drains, soil,
waste or vent piping, or (2) the removal and reinstallation of a sink, toilet or hot water
heater; provided that such work does not involve replacement, rearrangement or moving of
wastewater pipes, floor sinks, drainage fixtures or grease traps; and
58
(c) None of the following conditions are present:
1) A building or facility exists on the effective date and is thereafter expanded or
renovated, or a portion thereof, to include an FSE where such FSE did not previously
exist; or
2) An FSE exists on the effective date within a building or facility , or portion of
a building or facility, and application is thereafter made for a building permit(s) for
such building or facility with valuation of $50,000 or more within a twelve (12)
month period; or
3) A building or facility, or portion thereof, that contained an FSE on the
effective date but in which an FSE ceases to operate for one year or more, as
determined by Iowa Department of Inspections& Appeals, Food and Consumer
Safety Bureau records.
Sec 204-191 Compliance procedures.
(a) After the effective date, any permitted construction under Section 204-189 shall be deemed
compliant upon issuance of a certificate of compliance or certificate of occupancy for such
construction by the city building official or designee.
(b) An FSE shall be deemed compliant, unless the WRA director or local building official or
designee determines that an existing grease trap or grease interceptor is incapable of adequately
retaining FOG. In such cases, the Director may order the FSE to install an adequate grease
interceptor within a specified time period if:
1) the FSE is found to contribute FOG in quantities above FOG discharge limits; or
2) the FSE discharges necessitate increased maintenance on the publicly owned
treatment works (POTW) in order to keep stoppages from occurring therein; or
3) the FSE's discharge to the POTW is at any time determined to exceed four hundred
(400) mg/l total FOG.
(c) An order directing an existing FSE or the owner or operator of the FSE or the owner of the
building or facility in which the FSE is located to install a grease interceptor shall be in writing from
the WRA Director in the form of a notice of violation including a corrective action order, as
provided in section 118-488 of this division.
(d) FSEs or owners of buildings of facilities within which an FSE is located which are unable to
install or replace a grease interceptor due to exceptional physical constraints or economic hardship
may appeal to the WRA director for approval of an alternative grease control technology by
requesting a hearing in accordance with the provisions of this division. Such requests shall be
59
submitted in writing and shall include detailed descriptions of the FSE's physical or financial
constraints and the alternative grease control technology which it proposes to install and utilize.
1) In order to demonstrate exceptional economic hardship, the owner or operator of the
FSE shall submit to the WRA director balance sheets and profit and loss statements for FSE
for the preceding three (3) years. A new FSE shall submit profit/loss projections or a detailed
business plan with projections for twenty-four (24) months. Each request shall be evaluated
on a case-by-case basis.
2) Notwithstanding approval of alternative grease control technology, when the WRA
director determines that such alternative is not performing adequately, the FSE or owner of
the building or facility in which the FSE is located shall be required to take additional grease
control measures, which may include the installation of a grease interceptor.
3) In order to demonstrate exceptional physical site constraints preventing the
installation of a grease interceptor, the owner or operator of the FSE or owner of the building
or facility in which the FSE is located shall submit to the WRA director documentation and
plats showing the location of sanitary sewer and any private easements in relation to the
building sewer for the building housing the FSE, and showing available space inside or
outside the building and drawings of existing plumbing at or in a site that uses common
plumbing for all services at that site.
4) An FSE that is given an exemption from installing a properly sized grease interceptor
is prohibited from installing or using a dishwasher or garbage disposal without approval of
the director and must comply with the conditions of such approval, if any.
Sec. 204-192 Installation of grease interceptors and grease traps.
Grease interceptors and grease traps, when required, shall be installed as follows:
(1)Grease interceptors and grease traps shall be installed at the expense of the owner or
operator of the FSE or owner of the building or facility in which the FSE is located which is
contributing wastewater to the POTW.
(2) All wastewater streams containing FOG or reasonably likely to contain FOG within
FSEs or other FOG generating operations shall be directed into one or more appropriately
sized grease interceptor before discharge to the POTW. Grease interceptors shall be either
sized by adding the peak design flow rates for all fixtures leading to the grease interceptor
and allowing a minimum retention time of thirty (30) minutes or as follows:
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Grease Interceptor Sizing
1.Peak meals per hour
a.Seating capacity of FSE _________
b.Occupancy of FSE _________*
c.Seating or occupancy x meal factor of 1.3 (45 minute meal) or 1.0
(intermittent-use FSEs) = Peak meals per hour
Church: include all area(s) used for meal service
Assisted Living / nursing facility: equal to maximum number of residents (per State
license)
2.Waste flow rate, gallons of flow
a.Commercial, equipped kitchen with dishwasher & one garbage disposal* 7
b.Commercial, equipped kitchen with dishwasher, no garbage disposal 6
c.Commercial, equipped kitchen with no dishwasher, one garbage disposal* 6
d.Commercial, equipped kitchen with no dishwasher, no garbage disposal 5
e.Single service kitchen** 2
Each additional garbage disposal, add one (1) gallon
** Single service kitchen = no garbage disposal, no dishwasher and all service is single
use
3.Retention time, hours
a.Commercial kitchen 2.5
b.Single service kitchen 1.5
4.Storage factor
a. Commercial Kitchen up to 8 hours of operation 1
b. Commercial kitchen up to 12 hours of operation 1.5
c. Commercial kitchen up to 16 hours of operation 2
d. Commercial kitchen up to 20 hours of operation 2.5
e. Commercial kitchen up to 24 hours of operation 3
f. Single service kitchen 1.5
Peak Meals Waste Flow Retention Storage Calculated
per Hour X Rate X Time X Factor =
Interceptor Size
(3)Concrete grease interceptors whether precast or poured in place, shall be designed
and manufactured in accordance with ASTM C 1613-08 Standard Specification for Precast
Concrete Grease Interceptor Tanks or IAPMO/ANSI Z1001 Grease Interceptors and shall be
installed in accordance with the codes adopted by the jurisdiction in which the FSE is
located. Where no code is adopted, the construction and installation shall be in accordance
with the Iowa State Plumbing Code and this division. Grease interceptors using materials
other than concrete require approval by the director, and shall comply with the conditions of
such approval, if any.
(4)The building official or other designated official of the governmental subdivision
within which the FSE is located shall inspect each grease interceptor installation made
pursuant to this division, shall review all relevant information regarding the rated
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performance of the grease interceptor, and the building plan and facility site plan for the
building and site where the grease interceptor has been installed, and shall approve such
grease interceptor installation upon determination that the grease interceptor meets all
applicable standards and requirements.
(5)Grease interceptors shall have a minimum capacity of one thousand (1000) gallons
and shall not exceed five thousand (5000) gallons for a single unit. Where a capacity greater
than five thousand (5000) gallons is required, several smaller units shall be installed in
series, however the capacity shall not exceed ten thousand (10,000) gallons for any single
series of interceptors without approval of the director.
(6)Grease interceptors shall be installed outside the building housing the FSE and below
surface grade, and shall have access manholes, with a minimum diameter of twenty-four (24)
inches, over each chamber and sanitary tee. Access manholes shall extend from the grease
interceptor to at least the finished surface grade and be designed and maintained to prevent
storm or surface water inflow and groundwater infiltration. The manholes shall also have
readily removable covers to facilitate inspection and grease removal.
(7)Sewer lines which are not grease laden, which are not likely to contain FOG, or
which contain sanitary wastes shall not be connected to a grease interceptor.
(8)Grease interceptors shall be equipped with an accessible discharge sampling port
with a minimum six (6) inch diameter, which shall extend from the grease interceptor to at
least the finished surface grade.
(9)Where grease interceptors are shared by more than one FSE, the building owner shall
be the responsible party for record keeping and cleaning of the interceptor.
Sec. 204-193 Operation,maintenance and cleaning of grease interceptors and grease traps
and grease hauler certification.
(a)The owner or operator of an FSE which is required to pass wastewater through a grease
interceptor or trap shall operate and maintain the grease interceptor or trap so that wastewater
exiting the grease interceptor or trap shall not exceed four hundred (400) milligrams per liter of
FOG.
(b)The owner or operator of the FSE shall cause the grease interceptor or trap to be cleaned as
hereinafter required when FOG and solids reach 25% of the design liquid level of the grease
interceptor or trap, or sooner if necessary to prevent carry over of FOG from the grease interceptor
or trap into the city sanitary sewer system. Interceptors and traps shall be cleaned at three (3) month
intervals or less. A longer cleaning interval must be approved by the WRA Director. If the owner
or operator of the FSE, or an employee of the owner or operator, has a current grease hauler
certification from the WRA indicating satisfactory completion of the course of training offered by
the WRA on the cleaning of grease interceptors and traps, such person or persons may clean the
grease trap in the facility included in such grease hauler’s certification Failure to adequately clean
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the grease trap, properly dispose of all grease trap waste, or maintain clean out records and
measurements may result in revocation of a grease hauler certification pursuant to section 204-224.
Alternatively, the owner or operator of an FSE may employ a waste hauler licensed by the WRA
pursuant to division 6 of article III of this chapter to clean the grease interceptor or trap, provided
that the waste hauler personnel performing the cleaning has a current grease hauler certification
from the WRA indicating satisfactory completion of the course of training offered by the WRA on
the cleaning of grease interceptors and traps.
(c)Any person who cleans a grease interceptor or trap shall do so in accordance with the
following procedures and requirements. The person cleaning the grease interceptor or trap shall:
(1) Completely empty and remove the contents (liquids and sludge) of all vaults of the
grease interceptor or trap, and remove the grease mat and scrapings from the interior walls.
As part of each cleaning of a grease interceptor or trap, the owner or operator of the FSE, or
the licensed waste hauler employed by the FSE owner or operator, shall perform the
following maintenance activities:
a. Check that the sanitary “tees” on the inlet and outlet sides of the grease
interceptor are not obstructed, loose, or missing.
b. Verify that the baffle is secure and in place.
c. Inspect the grease interceptor or trap for any cracks or other defects.
d.Check that lids are securely and properly seated after completion of cleaning.
(2) Not deposit waste and wastewater removed from a grease interceptor or trap back
into the grease interceptor or trap from which the waste or wastewater was removed or into
any other grease interceptor or trap, for the purpose of reducing the volume of waste and
wastewater to be disposed of.
(3) Not introduce enzymes, emulsifying chemicals, hot water or other agents into a
grease interceptor or trap to dissolve or emulsify grease or as a grease abatement method.
Introduction of bacteria as a grease degradation agent is permitted with prior written
approval by the WRA director.
(4) Dispose of waste and wastewater removed from a grease interceptor or trap at the
WRF or at a facility approved for disposal of such waste by the WRA director. Waste and
wastewater removed from a grease interceptor or trap shall not be discharged to any private
sanitary or storm sewer or to the city sanitary or storm sewer system. The waste hauler shall
provide a copy of the disposal receipt for all waste and wastewater removed from a grease
interceptor or trap to the owner or operator of the FSE.
(5) Not use an automatic grease removal system to clean a grease interceptor without
prior written approval of the WRA director, and if, the use of an automatic grease removal
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system is approved, shall operate same in a manner that the grease wastewater discharge
limit, as measured from the system’s outlet, is consistently achieved.
(d) The WRA director may make exceptions to the above requirements, or may approve
alternative operational requirements or cleaning and maintenance methods, provided that such
exceptions or approvals shall be made in writing by the WRA director.
(e) The WRA Director may issue a grease hauler certification upon satisfactory completion of
the course of training offered by the WRA on the proper maintenance and cleaning of grease
interceptors and traps, disposal procedures and record keeping. Such certification shall be for a
period of 5 years and shall be in effect for the person receiving such training and for the FSE site for
which such person is the owner, operator or employee thereof.
Sec. 204-194 Records and record keeping.
(a) Required Records. The owner or operator of an FSE which is required to pass wastewater
through a grease interceptor or trap shall maintain a written record of grease interceptor or trap
maintenance, including a log showing the dates upon which the grease interceptor or trap was
inspected and the estimated amount of FOG present in the grease interceptor or trap at each
inspection, the date upon which waste and wastewater was removed from the grease interceptor or
trap and disposed of, and the location and means of such disposal of waste and wastewater, and the
name and employer or the person or persons performing each of said tasks. The log shall further
include a record of the placement of any approved or unapproved additive into the grease
interceptor, grease trap or building sewer on a constant, regular or scheduled basis, including the
type and amount of additive placed on each such occasion. Only additives approved by the WRA
director pursuant to section 204-193(c) (3) may be used in a grease interceptor.
(b) Record Keeping. The log shall at all times be kept and maintained on a day-to-day basis, so
as to show a record of waste and wastewater removal, waste and wastewater disposal and approved
additive placement for a continuous period of three (3) years. All such records shall be kept secure
at the premises of the FSE for a continuous period of three years and shall be made available for
non-routine inspection by the City, the WRA and its operating contractor, or the employees and
agents of any of them at any time during normal business hours.
Sec. 204-195. Inspection of grease interceptors and related sewers and equipment.
The owner or operator of an FSE shall:
(1)Provide, operate and maintain, at its expense, safe and accessible monitoring
facilities (such as a suitable manhole), and shall make such monitoring facilities available
for inspection, and for sampling and flow measurement of the building sewer or internal
drainage systems. There shall be ample room in or near such monitoring facility to allow
accurate sampling and preparation of samples for analysis.
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(2)Shall allow personnel authorized by the WRA director or by the city building official
or designee, bearing proper credentials and identification, to enter upon or into any building,
facility or property housing an FSE at any reasonable time and without prior notification, for
the purpose of inspection, observation, measurement, sampling, testing or record review, in
accordance with this division.
(3)Shall, upon request by the WRA director’s authorized representative, open any
grease interceptor or grease trap for the purpose of confirming that maintenance frequency is
appropriate, that all necessary parts of the installation are in place including, but not limited
to, baffles, and effluent tees, and that all grease interceptors, traps, and related equipment
and piping is maintained in efficient operating condition.
(4)Shall accommodate compliance inspections and sampling events by the authorized
representatives of the WRA director or of the city building official. Staff may conduct
routine inspections and sampling events of any food service establishment. Non-routine
inspection and sampling events shall occur more frequently when there is a history of non-
compliance with this division and when blockages occur in the city's sanitary sewer system
downstream of the FSE.
Sec. 204-196. Inspection Fees.
The fees for inspection of an FSE shall be as provided in section 204.72 and shall be paid
within thirty (30) days of the date of the invoice for such fees.
Sec. 204-197. Enforcement.
The WRA director is authorized to enforce this division as hereinafter provided. The city building
official or designee, or such other governmental official hereafter designated by the WRA, is also
authorized to enforce this division.
Sec. 204-198. Notice of violation - administrative penalties – corrective action order.
(a) The director, or such other designated officers or officials with enforcement authority as
provided in section 204-197, are authorized to issue a notice of violation imposing an administrative
penalty upon any person who fails to perform an act required by this division or who commits an act
prohibited by this division. Such notice may include a corrective action order requiring the user to
take one or more of the following corrective actions within thirty (30) days:
(1) Conform to best management practices;
(2) Submit copies of the grease interceptor or trap maintenance log;
(3) Develop, submit and implement a FOG compliance plan to be approved by the
director or designated enforcement official; or
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(4) Install a compliant grease interceptor.
(b) The administrative penalty for such violations shall be as provided in the schedule of
administrative penalties adopted by the city council by resolution.
(c) Notice of violation, with the applicable penalty for such violation noted thereon, shall be
issued to and served upon the violator. Service of the notice may be by regular mail or by delivery
in person.
(d) Penalties assessed pursuant to notice of violation shall be paid by the violator in full as
directed in the notice within thirty (30) days of its issuance.
(e) The administrative penalties set out in the schedule of administrative penalties shall be
charged in lieu of the fines and penalties provided for in section 204-199, unless the violator refuses
to correct the violation and pay the scheduled administrative penalty, or the WRA director
determines that immediate enforcement action by misdemeanor or municipal infraction prosecution
is, in view of the particular circumstances of the case, necessary to achieve compliance with the
requirements of this article. A record of all violations, administrative penalties charged or other
enforcement actions taken shall be maintained by the WRA for a period of three years.
Sec. 204-199 Penalties.
(a) Any person who fails to perform an act required by this division or who commits an act
prohibited by this division shall be guilty of a misdemeanor punishable by fine or imprisonment or
shall be guilty of a municipal infraction punishable by a civil penalty.
(b) Any person who fails to comply with a pretreatment standard applicable to an FSE shall be
guilty of a (municipal) (county) infraction punishable by a civil penalty of not more than one
thousand dollars for each day the violation exists or continues, as provided by section 364.22 or
331.307 of the Iowa Code.
(c) When enforcement is sought through a municipal infraction proceeding, the director, or
such other designated officers or officials with enforcement authority as provided in section 204-
197, may enter into consent orders, assurances of voluntary compliance or other similar documents
establishing an agreement with the user responsible for noncompliance. Such orders will include
specific action to be taken by the user to correct the noncompliance within a time period specified
by the order.
Sec. 204-200 Order to cease operation of FSE
(a) Where a violation of this division has not been timely corrected, and results in or threatens
interference or pass through as herein defined, the WRA director, or such other designated officers
or officials with enforcement authority as provided in section 204-197, shall have the authority to
issue an order in writing to the owner or operator of the FSE, ordering such person or persons to
cease and desist from further operation of the FSE and from further discharge of wastewater to the
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sanitary sewer system. The order shall be delivered by personal service unless the owner or operator
cannot be found within the City, in which event notice shall be by ordinary mail addressed to the
owner’s or operator’s last known address and by posting a copy of the notice in a conspicuous place
upon the premises of the FSE.
(b) Operation of the FSE shall cease on the date stated in the order and shall not recommence
without the prior written approval of the WRA director.
(c) The applicant may make a written request to the director for a reconsideration and hearing
on the cease and desist order within ten (10) days from the issuance of the order, provided, however,
that operation of the FSE shall cease pending the outcome of the hearing.
(d) The owner’s or operator’s request for hearing shall identify the appealing party, include the
address of the person requesting the hearing and to which all further notices shall be mailed or
served, and shall state the basis for the appeal.
(e) The hearing shall be scheduled to be held as soon as practicable and no later than fourteen
(14) days after the request for hearing was filed with the WRA director. The person requesting the
hearing shall be notified in writing or by telephone of the date and place of such hearing at least
three (3) days in advance thereof. At such hearing the director and the person requesting the hearing
may be represented by counsel, examine witnesses, and present evidence as necessary.
(f) The determination by the director or by that the violation occurred shall be considered a final
administrative decision, unless appealed to the WRA.
Sec 204-201 Appeal of corrective action order or cease and desist order.
(a)Any person aggrieved by a corrective action order or a cease and desist order issued by the
WRA director or by such other designated officers or officials with enforcement authority as
provided in section 204-197 may file an appeal and request a ruling that such order be modified or
rescinded.
(b) Such appeal request shall be in writing, shall include the grounds for appeal including any
factual findings which are disputed, and shall be delivered to the WRA within ten (10) days after the
WRA director's issuance of the order. Such appeal request shall be considered delivered when
placed in the mail, return receipt requested, addressed to:
WRA Appeal Committee
Des Moines Metropolitan Wastewater Reclamation Authority
3000 Vandalia Road
Des Moines, Iowa 50317
(c) The chair of the appeal committee shall schedule the appeal and shall cause notice of the
time, date and place of the hearing to be mailed to the appealing party. Such appeal shall be decided
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by majority vote of the appeal committee. The appeal committee may affirm, modify or rescind the
order of the director and shall so state and order in its written decision.
Sec. 204-202 Additional remedies.
The WRA or the City is not precluded from seeking alternative relief from the court,
including an order for abatement or injunctive relief or for recovery of investigational or remedial
costs resulting from a non-complying discharge, in the event that the WRA or the City files a
misdemeanor citation, notice of administrative penalty, and/or files a municipal infraction for the
same violation of this division.
Secs. 204-203 - 204-210. Reserved.
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DIVISION 6. REGULATION OF HAULED WASTE
Sec. 204-211. Definitions.
The definitions found in sections 204-26 and 204-187 shall apply to the provisions of this
division, provided however that the following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Vehicle means a commercial device equipped with a tank and used to remove or transport
waste.
Waste means human excreta, water, scum, sludge, septage, FOG, food waste or grease
solids, and non-hazardous industrial wastewaters and solids removed from public and private
wastewater disposal systems, holding tanks, impervious vaults, portable or chemical toilets, or from
devices used to trap grease resulting from food preparation. Waste also means liquid wastes
resulting from spill clean-up.
Sec. 204-212. License.
No waste hauler shall remove waste from within the corporate limits of the city or shall
dispose of waste, whether from a source inside or outside the corporate limits, into the POTW
without first obtaining a waste hauler license from the WRA, with the following exceptions:
(1) WRA participating communities that operate vehicles to remove waste from
municipal sewer systems.
(2) Waste haulers hired by WRA participating communities to remove waste from
municipal sewer systems and which bring no other wastes to the WRF.
(3) Waste haulers utilized by industrial users issued a wastewater discharge permit by
the WRA.
(4) Waste haulers granted temporary authorization by the WRA director in order to deal
with an emergency.
Sec. 204-213. Issuance of license.
The waste hauler's license shall be issued by the WRA director upon written application that
shall consist of the following minimum requirements:
(1) Inspection. The WRA director, upon application, shall inspect the trucks, hoses,
valves, and associated equipment of the applicant for a waste hauler's license and determine
if they meet the minimum qualifications for complying with the conditions of this division.
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(2) License fee and bond. An application shall require the payment of a fee of $60.00 for
each vehicle used by the applicant and the posting of a bond with reasonable surety in the
penal sum of $10,000.00 for the faithful compliance with this division, including prompt
payment of fees, fines and damages. WRA participating communities that contract with
waste haulers in order to clean and rehabilitate storm and sanitary sewers owned by the
community or that own and operate waste hauling vehicles may provide proof of self-
insurance or provide a letter guaranteeing payment of up to $10,000.00 in lieu of providing a
surety bond.
(3) Renewal. A waste hauler license shall expire on June 30 next after its issuance. The
renewal application must be made in the same manner as the initial application and must be
received by the director 30 days prior to expiration. Failure to apply 30 days prior to
expiration may result in an interruption in the license and the privileges of such license.
(4) Transferability. Waste hauler licenses are not transferable.
Sec. 204-214. Standards for vehicles and equipment.
As to all vehicles and equipment used by a waste hauler, the licensee shall:
(1) Prevent waste and wastewater from leaking, spilling, or discharging onto roads or
rights-of-way.
(2) Ensure proper construction and repair of the equipment to allow cleaning.
(3) Maintain vehicles and equipment in an essentially rust free and sanitary condition
and appearance.
(4) Display the business name as it appears on the waste hauler license in three-inch or
larger letters on the left and right sides of the vehicle.
Sec. 204-215. Disposal.
Hauled waste shall only be disposed at the WRF at the designated disposal station or as
authorized by the Iowa Department of Natural Resources for land application. Waste haulers shall
maintain the WRF designated disposal location in a clean and orderly condition to avoid noxious
odors and unsanitary conditions. Hours of operation at the WRF disposal station shall be set by the
WRA director. In the event of emergency situations, special arrangements between the waste hauler
and the WRA director regarding disposal at an alternative disposal site shall be allowed to permit
response to such emergency. Any violation of an Iowa Department of Natural Resources rule or
regulation for land disposal of hauled wastes by a waste hauler shall be grounds for rejection of a
hauled waste load in section 204-219 by such waste hauler or shall be grounds for denial,
suspension and revocation of such waste hauler’s license in section 204-224.
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Sec. 204-216. Identification of source.
Waste haulers must document the nature and origin of wastes collected and the site and
method of disposal for wastes that are removed from City locations or are delivered to the WRF.
Such information shall be provided on a manifest form provided by the WRA director. The manifest
shall also include: (i) the name, address and phone number of the waste generator, (ii) the type of
waste collected, (iii) the approximate volume of the load, (iv) any other information consistent with
identification and tracking of wastes. The WRA director or his or her designee shall have the right
to verify all information required by this section, including the right to measure, sample and analyze
any waste regulated by this division. The waste hauler shall obtain approval from the WRA director
or his or her designee prior to loading wastes originating from an industrial/commercial source
unless prior approval is on record with the WRA.
Sec. 204-217. Mixing wastes.
(a) For the purposes of this division, wastes from residential and nonresidential sources shall not
be mixed. Wastes from an industrial/commercial source shall not be mixed with wastes of any type
from another location. Portable toilet and FSE grease trap wastes may be mixed with similar wastes
from different locations. Residential wastes from several sources may be mixed as long as each
source is identified.
(b) Any tanks or equipment used for hauling waste to the WRF shall not be used for hauling
hazardous wastes or hazardous substances, as defined in I.C. § 567.1 et seq., chapter 131 of the Iowa
Administrative Code and in 40 CFR 261, or other wastes detrimental to the WRF.
Sec. 204-218. Standards of disposal at WRF.
Under this division, disposal of wastes at the WRF shall be carried out in accordance with
pretreatment standards and requirements established by federal, state, county and city governments
including categorical standards developed for the waste generator's industrial category. The WRA
director may reject wastes from waste haulers who do not comply with this section or with any other
section of this division. Waste haulers shall not deliver wastes to the WRF, or to any other disposal
location approved by the WRA director which are:
(1) Prohibited by section 204-62 or exceed the limits found in subsection 204-63(c)(4),
sections 204-64 and 204-65 of this chapter.
(2) Hazardous wastes or hazardous substances as defined in 40 CFR Part 261 or 567
I.A.C., Chapter 131.
(3) Originate from mineral oil unless first treated to remove the oil and grease.
(4) Not completely identified or are from industrial/ commercial sources that are not
approved by the director as required in section 204-216.
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(5) Mixed in a manner prohibited in section 204-217.
(6) Wastes other than residential from outside the WRA, except through requests to the
director.
Sec. 204-219. Rejection of waste loads.
(a) The WRA director may reject any hauled waste load that violates or is suspected of violating
the requirements of this division or that fails to meet any other guidelines established by the WRA
director to protect personnel, equipment, and the WRF. Waste haulers must:
(1) Remove rejected waste from the WRF.
(2) Immediately remove any additional wastes contaminated by the rejected waste while
contained at the WRF prior to introduction into the sewer.
(3) Properly dispose of all rejected wastes in accordance with state and federal law.
(4) Provide the WRA director with a written statement, signed by the waste hauler
license holder, stating the location, date, and time the rejected load was disposed of. The
statement is due within five calendar days after the waste is rejected.
(b) A vehicle used to haul rejected wastes shall not thereafter be allowed to dispose of additional
wastes at the WRF until the statement required by this section is delivered to the WRA director.
Sec. 204-220. Treatment fees for hauled wastes.
(a) A treatment fee shall be charged per pound of hauled waste received at the WRF for all
wastes originating within WRA participating communities which are treated through the
headwork’s at the WRF using all treatment processes at the WRF, which fee shall be equal to the
cost of disposal and treatment of an equivalent volume and mass of pollutants otherwise delivered
into the POTW. The treatment fee shall include: (1) the volume charge component, (2) a treatment
surcharge component for each pollutant as found in section 204-72 of this division, and (3) a
program cost component. The program cost component shall be calculated by dividing the annual
administrative costs of the waste hauler program by the total gallons of hauled waste treated in the
previous calendar year. The surcharge component shall be calculated using the average
concentration of pollutants found in hauled wastes delivered to the wastewater reclamation facility.
The treatment surcharge and program cost components shall be reviewed and updated annually
based on the most recent data collected by the operating agency. The treatment fee for loads
originating outside the corporate limits of the WRA participating communities shall be 1.5 times the
fee for loads originating within the WRA participating communities.
(b) A treatment fee shall be charged for hauled wastes originating within the corporate limits of
the WRA participating communities which are treated using only a portion of the treatment
processes at the WRF, which fee shall be calculated to recover the cost of treatment. The cost of
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treatment shall include electrical, chemical, personnel, and any capital costs associated with the
treatment processes utilized, and a program cost component which shall be calculated by dividing
the annual administrative costs of the waste hauler program associated with partial process
treatment by the total gallons of hauled waste treated using only a portion of the treatment processes
in the previous calendar year. Treatment costs shall be reviewed and updated annually based on the
most recent data collected by the operating agency. The treatment fee for loads originating outside
the corporate limits of the WRA participating communities shall be 1.5 times the fee for loads
originating within the WRA participating communities.
(c) Fees shall be computed and recorded at the disposal station and shall be paid by the waste
hauler on the basis of monthly billings by the operating contractor. Limits of credit shall not exceed
60 days. Abuse of such credit shall be grounds for liability on the waste hauler's bond and for refusal
of disposal services to any waste hauler under this division.
(d) Waste haulers may elect to have their loads tested for actual concentration at their expense as
set out in section 204-72. When a waste hauler has elected to have loads tested for actual
concentration, the treatment fee will be based on the actual concentration whether it is higher or
lower than the average concentration treatment fee. Said testing will be done at least once a month
or more often as required by the WRA director.
Sec. 204-221. Enforcement.
The WRA director, the city building official or such other governmental official hereafter
designated by the WRA, shall be authorized to enforce this division as hereinafter provided.
Sec. 204-222. Notice of violation - administrative penalties – corrective action order.
(a) The director, or such other designated officers or officials with enforcement authority as
provided in section 204-221, are authorized to issue a notice of violation imposing an administrative
penalty upon any person who fails to perform an act required by this division or who commits an act
prohibited by this division.
(b) The administrative penalty for such violations shall be as provided in the schedule of
administrative penalties adopted by the city council by resolution.
(c) Notice of violation, with the applicable penalty for such violation noted thereon, shall be
issued to and served upon the violator. Service of the notice may be by regular mail or by delivery
in person.
(d) Penalties assessed pursuant to notice of violation shall be paid by the violator in full as
directed in the notice within thirty (30) days of its issuance.
(e) The administrative penalties set out in the schedule of administrative penalties shall be
charged in lieu of the fines and penalties provided for in section 204-223, unless the violator refuses
to correct the violation and pay the scheduled administrative penalty, or the WRA director
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determines that immediate enforcement action by misdemeanor or municipal infraction prosecution
is, in view of the particular circumstances of the case, necessary to achieve compliance with the
requirements of this article. The WRA shall maintain a record of all violations, administrative
penalties charged or other enforcement actions taken.
Sec. 204-223 Penalties.
(a) Any person who fails to perform an act required by this division or who commits an act
prohibited by this division shall be guilty of a misdemeanor punishable by fine or imprisonment or
shall be guilty of a municipal infraction punishable by a civil penalty.
(b) Any person who violates a discharge prohibition set forth in section 204-62, or discharges in
excess of local limits as set forth in section 204-63, shall be guilty of an environmental violation
punishable as provided by section 364.22 of the Iowa Code.
Sec. 204-224. Denial, suspension and revocation of license.
(a) Grounds for denial, suspension or revocation of waste haulers license. The WRA director
may deny, suspend or revoke the waste hauler license and/or grease hauler certification of any
wastehauler who violates any provision of this division or any condition of its license, or who
commits any of the following violations, or who does not meet the following requirements:
(1) Violation of any term, condition or requirement of this division, the license, or
applicable state of Iowa or federal laws or regulations.
(2) Obtaining a license by misrepresentation.
(3) Falsification of, failure to complete or failure to fully disclose all relevant facts in a
license application.
(4) Failure to pay fees, administrative penalties or fines.
(5) Failure to report a spill to the WRA.
(6) Using wash down water or otherwise diluting the permitted waste for the purpose of
meeting discharge limitations or requirements.
(7) Falsification of, failure to complete or failure to fully disclose all relevant facts in any
report, manifest information or record required by the license or this division.
(8) Tampering with samples or sampling equipment intended to accurately reflect the
contents of each hauled waste load.
(9) Refusing to allow WRA personnel timely access to the wastehauler’s facility
premises, vehicles, or records.
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(10) Failure to perform as required under a corrective action order or compliance schedule
issued by the WRA director.
(11) Failure to correct any violation of this division within 30 days after notice by the
WRA Director.
(12) Failure to immediately correct any violation of this division if the condition
constituting the violation is declared a threat to public health, safety or welfare by the WRA
director and the director orders immediate correction.
(b) Procedure for denial, suspension or revocation of wastehauler's license. The procedure for
denial, suspension or revocation of a wastehauler’s license shall be as follows:
(1) Any license issued to a wastehauler pursuant to this division may be denied,
suspended or revoked by written order of the WRA director specifying the grounds for such
action as outlined in subsection (a) of this section, which order shall not take effect until
hearing thereon as hereafter provided. Upon determining that grounds exist for an order to
deny, suspend or revoke a wastehauler’s license, the WRA director shall cause a notice of
hearing to be prepared, specifying the violations of subsection (a) of this section which are
deemed to have occurred, and the time, date and place that such hearing will be held. The
notice shall be sent to the wastehauler by regular mail addressed to the wastehauler’s address
listed on the wastehauler’s license a minimum of ten days prior to the date set for hearing,
and shall be deemed delivered when placed in the mail.
(2) If after such a hearing the WRA director makes a finding based on substantial
evidence that one or more violations under subsection (a) of this section have occurred as
alleged, the director may deny issuance of the license, suspend the license for a fixed period,
or may issue an order immediately revoking the license and ordering the wastehauler to
discontinue hauling waste to the WRF or any other disposal locations approved by the
director. The determination whether to deny issuance of a license, to suspend a license, or to
revoke a license, shall be in the discretion of the director and shall be dependent upon the
circumstances surrounding the violations of subsection (a) of this section and the severity of
those violations. If the wastehauler does not appear for the hearing, the director shall issue
the order revoking the wastehauler’s license and ordering the cessation of delivery of hauled
waste at the WRF or any other disposal locations approved by the director, which order shall
take effect immediately.
(3) The decision and order of the WRA director to deny issuance, to suspend or to
revoke the license of a wastehauler may be appealed to the WRA appeal committee. Such
appeal request shall be in writing, shall include the grounds for appeal including any factual
findings which are disputed, and shall be delivered to WRA not less than 10 days after the
director's entry of the order of denial, suspension or revocation. Such appeal request shall be
considered delivered when placed in the mail, return receipt requested, addressed to:
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WRA Appeal Committee
Des Moines Metropolitan Wastewater Reclamation Authority
3000 Vandalia Road
Des Moines, Iowa 50317
The chair of the appeal committee shall schedule the appeal and shall cause notice of the
time, date and place of the hearing to be mailed to the appealing wastehauler. Such appeal
shall be decided by majority vote of the appeal committee. If the appeal committee affirms
the order of the WRA director denying issuance, suspending or revoking the license and
ordering the cessation of waste deliveries at the WRF or other approved locations, the appeal
committee shall so state and order in its written decision.
(4) A wastehauler whose license has been denied or revoked shall not be eligible for
issuance or reinstatement of its license until 30 days after the violating conditions have been
corrected to the satisfaction of the director.
Sec. 204-225 Alternative Relief.
Neither the WRA nor the city is precluded from seeking alternative relief from the court,
including an order for abatement or injunctive relief, in the event that the WRA or the city files a
misdemeanor citation, notice of administrative penalty, and/or files a municipal infraction for the
same violation of this division, or in the event the WRA seeks to deny, suspend or revoke the waste
hauler’s license.
February 26, 2007 – Ordinance #2596
(Division 5 replaced in entirety) June 7, 2010 – Ordinance #2667
January 7, 2019 – Ordinance #2918