HomeMy WebLinkAbout2022-09-06 Ordinance 3047_Industrial and Commercial Wastewater, Hauled WasteORDINANCE NO. 3047
AN ORDINANCE AMENDING CODE OF ORDINANCES OF THE CITY
OF WAUKEE, IOWA, BY AMENDING PROVISIONS WITHIN CHAPTER
104, REGULATION OF INDUSTRIAL WASTEWATER, COMMERCIAL
WASTEWATER AND HAULED WASTE
BE IT ENACTED by the City Council of the City of Waukee, Iowa:
SECTION 1. SUBSECTION ADDED. Section 104.01 of the Code of Ordinances of the City of Waukee,
Iowa, is amended by adding a new Subsection 38.1, which is hereby adopted to read as follows:
38.1. "Non -significant categorical industrial user" (NSCIU) means a categorical user which
never discharges more than 100 gallons per day of total categorical wastewater, as defined in 40
CFR 403.3(v)(2).
SECTION 2. SUBSECTION ADDED. Section 104.01 of the Code of Ordinances of the City of Waukee,
Iowa, is amended by adding a new Subsection 70.1, which is hereby adopted to read as follows:
70.1. "Waste generator" means any person which hauls or has hauled on its behalf wastewater it
generates to the WRF.
SECTION 3. SUBSECTION MODIFIED. Subsection 71 of Section 104.01 of the Code of Ordinances
of the City of Waukee, Iowa, is repealed and the following adopted in lieu thereof:
71. "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 104.184 of this chapter.
SECTION 4. SUBSECTION MODIFIED. Subsection 79 of Section 104.01 of the Code of Ordinances
of the City of Waukee, Iowa, is repealed and the following adopted in lieu thereof:
79. "WRA participating community" or "WRA participating communities" means,
individually or collectively, depending on context, the cities of Altoona, Ankeny, Bondurant, Clive,
Cumming, Des Moines, Grimes, Johnston, Norwalk, Pleasant Hill, Polk City, Waukee, and West
Des Moines, and Polk County, Warran County, the Urbandale Sanitary Sewer District, the
Urbandale -Windsor Heights Sanitary District and the Greenfield Plaza/Hills of Coventry Sanitary
District, together with any other cities, counties, or sanitary districts that become participating
communities under the provisions of the WRA agreement.
SECTION 5. SUBSECTION MODIFIED. Subsection 9 of Section 104.36 of the Code of Ordinances
of the City of Waukee, Iowa, is repealed and the following adopted in lieu thereof:
9. Any radioactive material as defined in the Atomic Energy Act of 1954, as amended, and
as defined in I.C. § 136C.1, except materials which meet conditions of disposal by release into
sanitary sewerage pursuant to 10 CFR 20.2003.
SECTION 6. SUBSECTION ADDED. Section 104.36 of the Code of Ordinances of the City of Waukee,
Iowa, is amended by adding a new Subsection 12, which is hereby adopted to read as follows:
12. Hazardous waste pharmaceuticals for human or animal use as defined in 40 CFR 266.500.
SECTION 7. PARAGRAPHS MODIFIED. Paragraphs A thru E of Subsection 104.46(1) of the Code
of Ordinances of the City of Waukee, Iowa, is repealed and the following adopted in lieu thereof:
A. The one-time wastewater discharge permit application fee shall be $200.00 for a
Class A permit and $100.00 for a Class B permit.
B. The annual fee for a Class A wastewater discharge permit, including annual
inspection of permitted users, shall be $1,500.00.
C. The annual fee for a Class B wastewater discharge permit, including annual
inspection of permitted users if completed or applicable, shall be $750.00,
D. The fee paid by each industrial user when an accidental discharge or slug load
occurs shall be the total of all costs incurred by the WRA as a result of said discharge or
load. Said fee may be charged by the WRA separately from and in addition to a civil
penalty of up to $1,000.00 charged to the user under Section 104.195 of this chapter related
to said discharge or load.
E. The trip charge for sampling or inspecting a user's discharge shall be $50.00 per
event. An equipment fee of $50.00 per event shall also apply when using a WRA-owned
automatic sampler. When a sampling or inspection event must be rescheduled due to
failure of the user's sampling equipment, a sampler seal (used to detect sample tampering)
being broken, monitoring facilities not being readily accessible or operational, or any other
reason beyond the control of the WRA, a trip charge of $50.00 shall be assessed.
SECTION 8. PARAGRAPH MODIFIED. Paragraph H of Subsection 104.46(1) of the Code of
Ordinances of the City of Waukee, Iowa, is repealed and the following adopted in lieu thereof:
H. Fees for rescheduling a scheduled inspection with WRA personnel, with less than
24 hours' notice or if appropriate facility managers are unavailable at the scheduled time
or inspection, shall be $100.00 per rescheduled inspection.
SECTION 9. PARAGRAPHS MODIFIED. Paragraphs K thru L of Subsection 104.46(1) of the Code
of Ordinances of the City of' Waukee, Iowa, is repealed and the following adopted in lieu thereof:
K. Prohibitive waste charges for each pollutant discharged in excess of permit or
ordinance limits shall be $50.00 per violation for Class B permit holders and $100.00 per
violation for Class A permit holders. Charges shall double if discharges exceed slug
threshold values. Payment of fees does not preclude other enforcement action and may not
be paid in lieu of compliance with discharge limitations.
L. At the WRA's discretion, administrative cost recovery fees may be assessed
separately to a user or added to a user's disposal fee for actions or occurrences subject to
Sections 104.183 through 104.198 of this chapter which result in the need for additional
labor, equipment, and/or materials from the WRA or its contractors, including but not
limited to cleanup of spills, infrastructure maintenance, improper scale transactions,
improper disposal, and waste source verification. Fees shall be assessed based on the actual
costs incurred by the WRA, or on the estimated costs incurred by the WRA rounded down
to the nearest multiple of 20 based on actual rates for labor, materials, and equipment with
a minimum fee of not less than $20.00. Fees under this Subsection 1 will be charged in
addition to charges, fines, fees, or other costs associated with rejected, unapproved, or
atypical wastes under Section 104.191 and 104.192 of this chapter.
SECTION 10. SUBSECTION MODIFIED. Subsection 2 of Section 104.46 of the Code of Ordinances
of the City of Waukee, Iowa, is repealed and the following adopted in lieu thereof:
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. Commencing October 1, 2022 until June 30, 2025, surcharges shall be assessed
in accordance with the following rate schedule:
Surcharge Per Pound of Pollutant for the
Period:
Pollutant
10/1/2022 —
7/1/2023 —
7/1/2024 —
6/30/2023
6/30/2024
6/30/2025
Total suspended solids in
$0.18
$0.20
$0 22
excess of 250 m >/I
BOD or CBOD in excess
$0.14
$0.17
$021
of 200 m«/l
TKN in excess of 30 m r/l
$0.55
$0.49
$0.42
Oil and grease in excess of
$0.08
$0.10
$0.1 1
100 m 7/I
Commencing on July 1, 2025, surcharge rates listed in the above table shall be annually adjusted
as of July 1 of each year to increase two percent per annum rounded to the nearest whole cent.
Chemical oxygen demand (COD) in excess of 300 rng/1 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 (NI 4-N) in excess of] 5 mod 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.
SECTION 11. SUBSECTION MODIFIED. Subsection 3 of Section 104.46 of the Code of Ordinances
of the City of Waukee, Iowa, is repealed and the following adopted in lieu thereof:
3. The establishment and imposition of new or different fees or charges, in addition to or in
substitution for those provided above in this section, shall be by ordinance arnending 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.
SECTION 12. SECTION MODIFIED. Section 104.75 of the Code of Ordinances of the City of Waukee,
Iowa, is repealed and the following adopted in lieu thereof:
104.75 PERMIT APPLICATIONS; BASELINE MONITORING REPORTS;
COMPLIANCE SCHEDULES. Users applying for a wastewater discharge permit or categorical
users submitting a baseline monitoring report shall submit the following information as required
by 40 CFR 403.12 or by the WRA director:
l . 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.
2. Existing users subject to new National Categorical Pretreatment Standards must,
within 180 days after the effective date of the standard, submit a baseline monitoring report
prescribed by the WRA. New users subject to National Categorical Pretreatment Standards
must submit a baseline monitoring report prescribed by the WRA at least 90 days prior to
commencement of discharge to the POTW. A baseline monitoring report shall include:
A. Name, address, and location of the facility, if different from the mailing
address.
B. Name of the operator and owners of the facility.
C. A list of all environmental control permits held by or for the facility.
D. A description of the operations including the average rate of production,
applicable Standard Industrial Classification (SIC) codes, schematic process
diagrams, and points of discharge to the POTW from regulated processes.
E. Daily average and daily maximum flow measurements for regulated
process waste streams and nonregulated waste streams where necessary.
F. The categorical user shall identify the pretreatment standards applicable to
each regulated process and shall submit the results of sampling and analysis
identifying the nature and concentration (or mass, where required) of pollutants
contained therein which are limited by the applicable pretreatment standards from
each regulated process.
G. The user shall take a minimum of one representative sample immediately
downstream of any pretreatment facility or immediately downstream of each
regulated process if no pretreatment exists and prior to mixing with other waste to
compile that data necessary to comply with this requirement. 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 concentration or mass limit has been
calculated in accordance with 40 CFR 403.6(e), this adjusted limit along with
supporting data shall be submitted to the WRA director. Sampling and analysis
shall be performed in accordance with 40 CFR 136 or other verified method
approved by the WRA director.
H. The time, date, and place of sampling, methods of analysis, and
certification that such sampling and analysis is representative of normal work
cycles and expected pollutant discharges to the POTW.
1. Historical data may be allowed by the WRA director so long as the data
provides information sufficient to determine the need for industrial pretreatment
measures.
J. Certification by an authorized representative of the user as referenced in
Section 104.85 and certified to by a qualified professional 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.
K. If additional pretreatment or O&M will be required to meet pretreatment
standards, requirements, discharge limits as set forth in Sections 104.36, 104.37,
and 104.38 of this chapter, or any other limit set by the WRA director, 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 later than the compliance date
established for the applicable pretreatment standard. The following conditions
apply to this schedule:
(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 Subparagraph (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, at a minimum, whether or not it complied with
the increment of progress, the reason for any delay, and 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.
L. A minimum of four grab samples must be used for p1f, cyanide, total
phenols, oil and grease, sulfide, and volatile organic compounds. 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.
3. New significant users not subject to categorical standards shall submit analysis of
wastewater representative of the effluent discharged to the POTW as required in
Paragraphs G through I of Subsection 2 of this section for all parameters deemed necessary
by the WRA director.
4. New or existing industrial users not subject to categorical pretreatment standards
who fail to meet local, State, or federal pretreatment standards or other permit requirements
on a consistent basis shall be subject to compliance schedules for additional pretreatment
or O&M as outlined in Paragraph K of Subsection 2 of this section.
5. All applications and reports must contain the certification statement and be signed
in accordance with Section 104.85 of this chapter.
SECTION 13. SECTION MODIFIED. Section 104.76 of the Code of Ordinances of the City of Waukee,
Iowa, is repealed and the following adopted in lieu thereof:
104.76 REPORT ON COMPLIANCE BY CATEGORICAL USERS. Users subject to
National Categorical Pretreatment Standards shall submit a report to the WRA director containing
the information described in Section 104.75, 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 long-term 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 104.85 of this chapter.
SECTION 14. SECTION MODIFIED. Section 104.77 of the Code of Ordinances of the City of Waukee,
Iowa, is repealed and the following adopted in lieu thereof:
104.77 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, 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.
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 104.35(4) of this
chapter.
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 chapter, 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.
SECTION 15. SECTION MODIFIED. Section 104.123 of the Code of Ordinances of the City of
Waukee, Iowa, is repealed and the following adopted in lieu thereof:
104.123 PERFORMANCE AND PAYMENT BONDS.
I . The WRA director may decline to reissue a permit to any user who has failed to
comply with this chapter or any order or previous pen -nit 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 sating 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.
2. The WRA director may require any user, including any permitted or non -permitted
waste generator which sends its wastewater by truck to the WRF, to obtain a bond payable
to the WRA with reasonable surety in a penal sum which will adequately cover treatment
costs, surcharges, fees, or any other charges associated with discharge of wastewater to the
POTW in the amount as listed in Section 104.185. The user shall use a bond form
prescribed by the WRA.
SECTION 16. SECTION MODIFIED. Section 104.124 of the Code of Ordinances of the City of
Waukee, Iowa, is repealed and the following adopted in lieu thereof:
104.124 REVOCATION OF DISCHARGE PERMIT; TERMINATION OF SEWER
SERVICE.
1. Grounds for Revocation of Discharge Permit and/or for Termination of Sewer
Service. Any user who violates this chapter, 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:
A. Failure to accurately report the wastewater constituents and characteristics
of its discharge.
B. Failure of the user to report substantial changes in process activity or in
volume or character of pollutants being introduced into the POTW at least 90 days
prior to such change.
C. Tampering with monitoring equipment.
D. Refusal to allow reasonable access by the WRA or operating contractor
personnel to the user's pre►nises for the purpose of inspection, monitoring, or
sampling.
E. Violation of permit conditions.
F. Failure to report an upset, failure, or bypass of the user's pretreatment
facilities.
G. Failure to pay fines, fees, surcharges, or sewer service charges.
H. Failure to follow enforcement orders or compliance schedules.
1. 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.
J. Failure to obtain a wastewater discharge permit as required by this chapter
after notification by the WRA director that such permit is required.
K. Failure to pay actual costs for negligent damage, or actual costs and
penalties charged for grossly negligent or intentional damage, to the POTW not
addressed elsewhere in this chapter.
2. 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:
A. Any permit issued to a user pursuant to this chapter 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 1 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 1 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.
B. Sewer service may be terminated by written order of the WRA director,
specifying the grounds for such revocation and termination as outlined in
Subsection 1(J) 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 l(J) 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.
C. If, after such a hearing, the WRA director makes a finding based on
substantial evidence that violations under Subsection 1 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 pen -nit 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 1 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.
D. 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
8
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:
WRA Appeal Committee
c/o 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.
E. 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.
F. 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 $500.00 for
WRA supervision.
G. 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.
SECTION 17. SUBSECTION MODIFIED. Subsection 1 of Section 104.126 of the Code of Ordinances
of the City of Waukee, Iowa, is repealed and the following adopted in lieu thereof:
l . Upon payment to the WRA of any delinquency in full, supervision fee of $500.00, 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.
SECTION 18. SECTION MODIFIED. Section 104.162 of the Code of Ordinances of the City of
Waukee, Iowa, is repealed and the following adopted in lieu thereof:
104.162 EXEMPTION FROM GREASE INTERCEPTOR INSTALLATION
REQUIREMENT. The requirements of Section 104.161 shall not apply to that portion of a
building or facility within which an FSE is in existence on the effective date if:
l . The FSE has an existing grease interceptor or grease trap in place as of the effective
date, and provided that:
A. The owner or occupant of the FSE continues to use the interceptor or trap;
B. The interceptor or trap is of sufficient capacity and design; and
C. The interceptor or trap is operated and maintained so as to comply with
FOG discharge limits.
2. Any repair, remodeling or renovation of the wastewater plumbing system in the
existing FSE involves only:
A. The repair of leaks or the clearing of stoppages in drains, soil, waste or
vent piping; or
B. 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.
None of the following conditions are present:
A. 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
B. 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
for such building or facility with valuation of $50,000 or more within a 12-month
period; or
C. 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 and Appeals, Food and Consumer
Safety Bureau records.
SECTION 19. SUBSECTION MODIFIED. Subsection 2 of Section 104.163 of the Code of Ordinances
of the City of Waukee, Iowa, is repealed and the following adopted in lieu thereof:
2. 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:
A. The FSE is found to contribute FOG in quantities above FOG discharge
limits; or
B. The FSE discharges necessitate increased maintenance on the publicly
owned treatment works (POTW) in order to keep stoppages from occurring
therein; or
C. The FSE's discharge to the POTW is at any time determined to exceed
four hundred (400) mg/I total FOG.
SECTION 20. SUBSECTION MODIFIED. Subsection 2 of Section 104.165 of the Code of Ordinances
of the City of Waukee, Iowa, is repealed and the following adopted in lieu thereof:
2. 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 percent of the design liquid level of the
IH
grease interceptor, 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-month
intervals or less. A longer cleaning interval must be approved by the WRA director. The owner
or operator of an FSE shall employ a waste hauler licensed by the WRA pursuant to Section 104.184
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.
SECTION 21. SUBSECTION MODIFIED. Subsection 3 of Section 104.165 of the Code of Ordinances
of the City of Waukee, Iowa, is repealed and the following adopted in lieu thereof:
3. 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:
A. 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 licensed waste hauler employed
by the FSE owner or operator shall perform the following maintenance activities:
(1) Check that the sanitary "tees" on the inlet and outlet sides of the grease
interceptor are not obstructed, loose, or missing.
(2) Verify that the baffle is secure and in place.
(3) Inspect the grease interceptor or trap for any cracks or other defects.
(4) Check that lids are securely and properly seated after completion of
cleaning.
B. Not deposit waste and wastewater removed from a grease interceptor or trap back
into the grease interceptor/trap from which the waste or wastewater was removed, or into
any other grease interceptor/trap or drainage fixture connected to the sanitary sewer, for
the purpose of reducing the volume of waste and wastewater to be disposed of.
C. 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.
D. 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.
E. 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
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.
SECTION 22. SUBSECTION MODIFIED. Subsection 5 of Section 104.165 of the Code of Ordinances
of the City of Waukee, Iowa, is repealed and the following adopted in lieu thereof:
5. 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 five years and shall be in effect for the person receiving such training. Grease haulers
certified by the WRA shall be subject to a grease interceptor cleanout inspection by WRA
personnel, not less than once every two years, for purposes of the hauler demonstrating its
compliance with requirements in this section. Such inspections shall be scheduled at a time which
coincides with normal working hours for WRA personnel, shall involve all individuals employed
by the same company who have been issued a grease hauler certification by the WRA, and shall be
conducted at an FSE within the WRA service area. Failure to follow WRA's cleanout procedures
or other requirements of this section may result in fines, additional scheduled cleanout inspections,
and loss of grease hauler certification status, individually or company -wide, with the WRA.
SECTION 23. SUBSECTION MODIFIED. Subsection 1 of Section 104.166 of the Code of Ordinances
of the City of Waukee, Iowa, is repealed and the following adopted in lieu thereof.
l . 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, 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 104.165(3) may be used in a grease interceptor.
SECTION 24. SECTION MODIFIED. Section 104.167 of the Code of Ordinances of the City of
Waukee, Iowa, is repealed and the following adopted in lieu thereof:
104.167 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, for routine cleanouts by the owner or operator's licensed grease hauler, and
for sampling and flow measurement of the building sewer or internal drainage systems.
There shall be ample room in or near such monitoring facilities to allow for proper
inspection, accurate sampling and preparation of samples for analysis. The monitoring
facilities shall be maintained such that the device(s) is readily and immediately accessible
for inspections and cleanouts being free of coverings, building materials, pavements, or
any other obstructions.
2. 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 chapter.
3. 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.
12
4. 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 chapter and when blockages occur in the City's sanitary sewer systern
downstream of the FSE.
SECTION 25. SECTION MODIFIED. Section 104.168 of the Code of Ordinances of the City of
Waukee, Iowa, is repealed and the following adopted in lieu thereof:
104.168 TRIP CHARGES. The fees for inspection of an FSE shall be as provided in Section
104.46 and shall be paid within 30 days of the date of the invoice for such fees. A trip charge of
$50.00, as referenced in Section 104.46(1)(E), shall be assessed in conjunction with the violation
of any requirement of Section 104.167 which results in the need for WRA personnel to reschedule
such inspection of grease interceptor/trap or food service establishment, and shall be paid within
30 days of the date of the invoice for such charge.
SECTION 26. SECTION MODIFIED. Section 104.185 of the Code of Ordinances of the City of
Waukee, Iowa, is repealed and the following adopted in lieu thereof:
104.185 ISSUANCE OF LICENSE; PAYMENT BOND REQUIREMENTS. 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 of qualifications for complying with the conditions of
this division.
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
a penal sum which shall cover no less than two months of average or estimated treatment
fees at the WRF for the faithful compliance with this division, including prompt payment
of treatment costs, surcharges, fees and fines. Bond amounts shall be up to $100,000.00
but not less than $20,000.00 and structured as follows or as required by the WRA director:
Total Monthly Treatment Fees
Surety Bond Amount
< $10,000
$20,000.00
$10,001 - $20,000
$40,000.00
$20,001 - $40,000
$60,000.00
>$40,000
$100,000.00
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 $20,000.00 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.
Transferability. Waste hauler licenses are not transferable.
13
SECTION 27. SECTION MODIFIED. Section 104.188 of the Code of Ordinances of the City of
Waukee, Iowa, is repealed and the following adopted in lieu thereof:
104.188 IDENTIFICATION OF SOURCE AND WASTELOAD APPROVAL.
1. Waste haulers must document the nature and origin of wastes collected and the site
and method of disposal for wastes that are removed fi•om any locations or are delivered to
the WRF. Such information shall be provided on a manifest form provided by the WRA
and shall also include:
A. The name and address of the waste generator(s),
B. The type of waste collected,
C. 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 chapter.
2. The waste hauler or waste generator 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. A hauled waste profile form
prescribed by the WRA must be completed by the waste generator and submitted to the
WRA director or his or her designee for consideration for waste load disposal at the WRF.
Such profile form shall include information regarding the waste generator's name, address,
phone number, authorized representative, waste description and product information,
anticipated volume and frequency of disposals, waste transporter information, process
waste characteristics including pollutant concentrations, declarations, certifications, and
signature of authorized official.
SECTION 28. SUBSECTION MODIFIED. Subsection 2 of Section 104.189 of the Code of Ordinances
of the City of Waukee, Iowa, is repealed and the following adopted in lieu thereof:
2. Any tanks used for hauling waste to the WRF or equipment that comes in contact with
waste shall not be used for hauling hazardous wastes or hazardous substances, as defined in I.C. §
567.1 el seq., Chapter 131 of the Iowa Administrative Code and in 40 CFR 261, or other wastes
which may be detrimental to the POTW, the receiving waters, or the health of WRF employees,
private contractors, or the public.
SECTION 29. SECTION MODIFIED. Section 104.190 of the Code of Ordinances of the City of
Waukee, Iowa, is repealed and the following adopted in lieu thereof:
104.190 STANDARDS OF DISPOSAL AT WRF.
1. 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 chapter. Waste
14
haulers shall not deliver wastes to the WRF, or to any other disposal location approved by
the WRA director, which are:
A. Prohibited by Section 104.36 or exceed the limits found in Subsection
104.37(3)(D), Sections 104.38 and 104.39 of this chapter.
B. Hazardous wastes or hazardous substances as defined in 40 CFR Part 261
or 567 I.A.C., Chapter 131.
C. Originate from mineral oil unless first treated to remove the oil and grease.
D. Not completely identified or are from industrial/commercial sources that
are not approved by the WRA director as required in Section 104.188.
E. Mixed in a manner prohibited in Section 104.189.
F. Wastes other than residential from outside the WRA, except through
requests to the WRA director.
2. All disposal transactions at the WRF shall consist of waste haulers scaling in and
scaling out on the WRF scales system. Prior to discharging any contents from their vehicle,
a waste hauler shall:
A. Collect onsite at the WRF a sufficient sample of the waste material
onboard.
B. Test and record the pH and immediately report any results that do not meet
disposal limits as listed in Section 104.36(2).
C. Document on the WRF manifest all contents of the waste load including
waste type, source information, and any other information consistent with
identification and tracking of wastes as required in Section 104.188.
D. Request and obtain approval from WRF Operations to begin unloading at
the WRF digesters.
SECTION 30. SECTION MODIFIED. Section 104.192 of the Code of Ordinances of the City of
Waukee, Iowa, is repealed and the following adopted in lieu thereof:
104.192 TREATMENT FEES FOR HAULED WASTE.
1. A treatment fee shal I be charged per pound of hauled waste disposed of at the WRF
and assessed based on the waste type, pollutant loading, approved disposal location, and
location of the source material. The fee for treatment shall include electrical, chemical,
labor, equipment, fuel, maintenance, and any capital costs associated with the treatment
processes utilized. The treatment fee shall reflect a total cost per gallon or per pound of
hauled waste equaling the sum of the total cost of pollutants per gallon or per pound plus,
if applicable, total cost of flow per gallon, based on:
A. The parameters of chemical oxygen demand (COD), estimated
biochemical oxygen demand (GOD), total suspended solids (TSS) and/or total
solids (TS), volatile solids (VS), total Kjeldahl nitrogen (TKN), oil and grease
(O&G), and if applicable total phosphorus (TP) contained in trucked waste to the
WRF;
B. Net weight of the waste load in pounds; and
C. The treatment surcharge component rate per pound of pollutant as found
in Section 104.46 of this chapter. Waste loads disposed of at an unapproved
15
location at the WRF, or containing pollutant concentrations different from typical
pollutant concentrations or from original disclosures made during the waste load
approval process, may be subject to the following additional costs: treatment fees,
charges, or fines may also be applied pursuant to Section 104.46(1)(A).
2. Treatment costs shall be reviewed and updated annually per the U.S. Bureau of
Labor Statistics Consumer Price Index. The WRA shall provide 30 days' notice prior to
assessing updated disposal rates with such notices posted, at a minimum, on the WRA
website. The treatment fee for loads originating outside of the WRA participating
communities shall be 1.5 times the fee for loads originating within the WRA participating
communities unless otherwise approved by the WRA director.
3. Waste load disposal weights shall be computed and recorded at the WRF truck
scales and the resulting treatment fees shall be paid by the waste hauler or waste generator,
at the WRA's discretion, 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 or waste generator's bond and for refusal of disposal services to any
waste hauler or waste generator under this division.
4. Waste haulers and waste generators may elect to have their routine waste streams
tested for actual concentration at their expense as set forth in Section 104.46 and as
approved by the WRA director. When a waste hauler or waste generator has elected to test
for actual concentration, the treatment fee will be based on the actual concentration whether
it be higher or lower than the average concentration treatment fee. Said testing will be
done at least semi-annually or as required by the WRA director.
SECTION 2. SEVERABILITY CLAUSE. If any section, provision, or part of this ordinance shall be
adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a
whole or any section, provision, or part thereof not adjudged invalid or unconstitutional.
SECTION 3. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage,
approval, and publication as provided by law.
Passed by the Council the 6"' day of September, 2022, and approved this 6a' day of September,
2022.
Attest:
Rebecca D. Schuett, City Clerk
16
Courtney Clarke, Mayor