HomeMy WebLinkAbout2019-01-07-Ordinance 2918_Industrial and Commercial Wastewater, Hauled WasteORDINANCE NO.2918
AN ORDINANCE TO AMEND CHAPTER 204 TO AMEND CERTAIN PROVISIONS
OF CHAPTER 204 PERTAINING TO THE REGULATION AND ENFORCEMENT OF
INDUSTRIAL WASTEWATER,COMMERCIAL WASTE WATER AND HAULED
WASTE IN THE CITY OF WAUKEE,IOWA AS MORE SPECIFICALLY SET FORTH
HEREIN.
WHEREAS,the City of Waukee desires to protect and promote the health,safety,
welfare and quality of life of Waukee residents and the general welfare of the citizens of this
state by protecting the cleanliness of our water supply through maximizing treatment efficiency
as it pertains to waste water;and
WHEREAS,the City of Waukee desires to protect the integrity,efficiency and operation
of the City's sanitary sewer system;and
WHEREAS,the City of Waukee has connected the City's sanitary sewer system such
that all and/or part of the actual treatment of sanitary waste within the City is undertaken by the
Waste Water Reclamation Authority (WRA)of which the City is a member;and
WHEREAS,the City previously adopted the uniform laws and regulations recommended
by the WRA and its members as set forth in Article II of Chapter 204 of the Waukee Municipal
Code;and
WHEREAS,the WRA has recommended certain changes to those regulations and the
City deems it appropriate to accept and adopt the changes recommended by the WRA.
NOW,THEREFORE,BE IT ORDAINED by the Council of the City of Waukee
Chapter 204 of the Waukee Municipal Code should be and the same is hereby amended as
follows:
Section 1.Section 204.26 is hereby amended by adding and/or replacing the following
definitions as applicable:
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:
Odhtf means operation and maintenance.
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.
Wastewater means and includes sewage as defined in federal law and regulation,or a
combination of the liquid and water-earned 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.
8'RA 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 other cities,counties,or sanitary districts that become participating communities under
the provisions of the WRA agreement.
Section 2.Section 204.27 is hereby amended by repealing section 204.27 and enacting
in lieu thereof the following:
Sec.204-27.Abbreviations.
The following abbreviations,when used in this article,shall have the designated
meanings:
BETX
BOD
BMR
C
CFR
COD
EPA
FOG
GPD
IDNR
lb/day
Mgd
mg/I
NCPS
Benzene,ethylbenzene,toluene,and
xylenes(total)
Biochemical oxygen demand
Baseline monitoring report
Celsius
Code of Federal Regulations
Chemical oxygen demand
En~dronmental Protection Agency
Fahrenheit
Fat oil,and grease
Gallons per day
Iowa Department of Natural Resources
Pounds per day
Million gallons per day
Milligrams per liter
National Categorical Pretreatment Standards
or categorical standards
NH3-N
NPDES
GAG
POTW
SCP
SIC
SNC
RCRA
TCLP
TFE
TKN
TOH
Ammonia nitrogen
National Pollutant Discharge Elimination
System
Oil and grease
Publicly owned treatment works
Spill control plan
Standard industrial classification
Significant noncompliance
Resource Conservation and Recovery Act
Toxicity characteristic leaching procedure
Trichlorotrifluoroethane
Total Kjeldahl nitrogen
Total organic hydrocarbons
TRC
TSS
TTO
USC
U.S.EPA
VPH
Technical review criteria
Total suspended solids
Total toxic organics
United States Code
United States Environmental Protection
Agency
Volatile petroleum hydrocarbons
Section 3.Section 204.62 is hereby amended by repealing section 204.62 and enacting
in lieu thereof the following:
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:
(I)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 snuctural 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).
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.
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).
Petroleum oil,non-biodegradable cutting oil,or products of mineral oil origin in
amounts that will cause interference or pass through.
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.
Any trucked or hauled pollutants,except at discharge points designated by the
WRA.
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).
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/1 nonvolatile or 3,000 mg/1 total dissolved solids unless approved by the
WRA director.
Pollutants causing excessive discoloration,such as but not limited to dye waste
and vegetable tanning solutions.
Section 4.Section 204.63 is hereby amended by repealing section 204.63 and enacting
in lieu thereof the following:
Sec.204-63.Local limits for specific pollutants.
(a)
(b)
Genernlly.Local limits for specific pollutants discharged pursuant to this article shall be
as follows:
(I)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 /ocntion.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.
Headwor/rs limits;avernge mnss.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.
Pollutant
BOD
TSS
NH3
TKN
30-Day Average Allowable
Pounds/Day
Total
195,600
300,400
13,000
27,760
Industrial
135,153
208,463
6,959
16,950
Maximum Allowable
Headworks Loading
Pounds/Day
Maximum Allowable
Industrial Loading
Pounds/Day
Pollutant Total Industrial
Arsenic-T
Cadmium-T
Chromium-T
Copper-T
Cyanide-T
Lead-T
Mercury-T
7.58
3.65
136.35
148.56
17.08
28.17
0.999
3.81
2.16
120.90
125.51
8.28
20.94
0.747
Nickel-T
Silver-T
Zinc-T
87.27
23.30
360.59
75.75
19.77
283.53
(c)Discharge concentration limits and review criteria.Discharge concentration limits and
review criteria shall be as follows:
(I)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.
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
BOD
TSS
COD
O&G-T
Daily
Maximum
(mg/I)
200
250
300
100
30
NH3-N 15
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
Arsenic-T
Cadmium-T
Chromium-T
Copper-T
Cyanide-T
Lead-T
Mercury-T
Nickel-T
O&G-T
O&G-Mineral
Silver-T
VPH
Zinc-T
Daily
Maximum
(mg/1)
0.38
0.08
6.43
10.21
0.53
1.43
0.042
7.22
400.0
100.0
1.30
10.0
19.64
Monthly
Average
(mg/1)
0.25
0.05
4.29
6.80
0.36
0.95
0.028
4.81
0.87
13.09
pH range shall be not lower than 5.0 or greater than 12.0.
Temperature (flquids 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
COD
O&G-T
VPH
Arsenic-T
Cadmium-T
Chromium-T
Copper-T
Cyanide-T
Lead-T
Concentration (mg/1)
100,000
50,000
10.0
Loading (pounds/day)
0.014
0.93
24.74
23.71
0.29
6.70
Mercury-T
Nickel-T
Silver-T
Zinc-T
0.12
3.71
0.26
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
Benzene
BETX
mg/I
0.050
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.
Section 5.Section 204.72 is hereby amended by repealing section 204.72 and enacting
in lieu thereof the following:
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:
(I)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 the user informs the WRA of
sampling equipment failure prior to 8:00 a.m.of a scheduled sampling
day.
Laboratory analysis fees for those analyses performed by the WRA shall
be as follows:
LABORATORY ANALYSIS FEES
Test
BOD
COD
Total Organic Carbon (TOC)
TSS
Ph
Oil and grease —Total
Mineral/nonmineral
Nitrogen,ammonia
Nitrogen,nitrate
TKN
Phosphorous,total
Potassium
Calcium carbonate equivalent
Soil analysis,each pollutant
Phenols
Cyanide
Metals:
Arsenic
Selenium
Mercury
Cost/
Sam le
$20.00
20.00
20.00
10.00
5.00
35.00
35.00
15.00
15.00
30.00
25.00
12.00
15.00
20.00
28.00
30.00
20.00
20.00
25.00
Other metals (per parameter)15.00
USEPA Tests:
BETX (OA-I)
VPH (OA-I )
BETX &VPH (OA-I)
608 Organochlorine
Pesticides &PCBs
624 Volatile Organic
Compounds
40.00
40.00
45.00
70.00
140.00
625 Base/Neutral Organic
Compounds
and/or
625 Acid/Organic
Compounds
290.00
290.00
(2)
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.
1.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.
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:
Pollutant Surcharge
(per pound)
Suspended solids in excess of 250 mg/I
BOD or CBOD in excess of 200 mg/I
TKN in excess of 30 mg/I
Oil and grease in excess of 100 mg/I
$0.16
0.11
0.61
0.06
Chemical oxygen demand (COD)in excess of 300 mg/I 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/I 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.
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(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.
Section 6.Section 204.104 is hereby amended by repealing section 204.104 and
enacting in lieu thereof the following:
Sec.204-104.Report on compliance by categorical industries.
Users subject to National Categorical Pretreannent Standards shall submit a report to the
WRA director containing the information described in subsections 204-103(1)c,(l)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.
Section 7.Section 204.115 is hereby amended by repealing section 204.115 and
enacting in lieu thereof the following:
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.
(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.l2(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.
Section g.Section 204.151 is hereby amended by repealing section 204.151 and
enacting in lieu thereof the following:
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.
Section 9.Section 204.152 is hereby amended by repealing section 204.152 and
enacting in lieu thereof the following:
Sec.204-152.Revocation 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.
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Failure to report an upset,failure,or bypass of the user's pretreatment facilities.
Failure to pay fines,fees,or sewer user charges.
Failure to follow enforcement orders or compliance schedules.
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 aAer
notification by the WRA director that such permit is required.
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:
(3)
(4)
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.
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 hereatter
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.
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.
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 atter the director's
13
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
%Des Moines Metropolitan Wastewater Reclamation Authority
3000 Vandalia Road
Des Moines,Iowa 50317
(5)
('7)
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.
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.
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.
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 10.Section 204.158 is hereby amended by repealing section 204.158 and
enacting in lieu thereof the following:
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:
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Des Moines Metropolitan Wastewater Reclamation Authority
Des Moines Wastewater Reclamation Facility
3000 Vandalia Road
Des Moines,Iowa 50317
Section 11.Section 204.186 is hereby amended by repealing section 204.186 and
enacting in lieu thereof the following:
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.
Section 12.Section 204.187 is hereby amended by repealing section 204.187 and
enacting in lieu thereof the following:
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
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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.
Grease imp 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 cnpability 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.
blon-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.
Section 13.Section 204.192 is hereby amended by repealing section 204.192 and
enacting in lieu thereof the following:
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 (I)gallon
**Single service kitchen =no garbage disposal,no dishwasher and all service is single
use
3.Retention time,hours
a.Commercial kitchen
Single service kitchen
4.Storage factor
a.Commercial Kitchen up to 8 hours of operation
b.Commercial kitchen up to 12 hours of operation
c.Commercial kitchen up to 16 hours of operation
d.Commercial kitchen up to 20 hours of operation
e.Commercial kitchen up to 24 hours of operation
f.Single service kitchen
2.5
1.5
I
1.5
2
2.5
3
1.5
Peak Meals Waste Flow
per Hour X Rate
Interceptor Size
Retention
X Time
Storage Calculated
X Factor
(3)
(4)
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.
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
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(5)
(6)
(8)
(9)
rated 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.
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.
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.
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.
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.
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.
Section 14.Section 204.193 is hereby amended by repealing section 204.193 and
enacting in lieu thereof the following:
Sec.204-193.Operation,maintenance and cleaning of grease interceptors and grease traps
and grease hauler certification.
(a)
(b)
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.
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
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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 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.
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:
(I)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 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.
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(d)
(e)
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.
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.
Section 15.Section 204.195 is hereby amended by repealing section 204.195 and
enacting in lieu thereof the following:
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.
(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.
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Section 16.Section 204.198 is hereby amended by repealing section 204.198 and
enacting in lieu thereof the following:
Sec.204-198.Notice of violation -administrative penalties —corrective action order.
(a)
(b)
(c)
(d)
(e)
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:
(I)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
(4)Install a compliant grease interceptor.
The administrative penalty for such violations shall be as provided in the schedule of
administrative penalties adopted by the city council by resolution.
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.
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.
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.
Section 17.Section 204.201 is hereby amended by repealing section 204.201 and
enacting in lieu thereof the following:
Sec 204-201.Appeal of corrective action order or cease and desist order.
(a)
(b)
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.
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)
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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 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.
Section 18.Section 204.211 is hereby amended by repealing section 204.211 and
enacting in lieu thereof the following:
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.
Section 19.Section 204.218 is hereby amended by repealing section 204.218 and
enacting in lieu thereof the following:
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:
(I)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.
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(2)
(3)
(4)
(5)
(6)
Hazardous wastes or hazardous substances as defined in 40 CFR Part 261 or 567
I.A.C.,Chapter 131.
Originate from mineral oil unless first treated to remove the oil and grease.
Not completely identified or are from industrial/commercial sources that are not
approved by the director as required in section 204-216.
Mixed in a manner prohibited in section 204-217.
Wastes other than residential from outside the WRA,except through requests to
the director.
Section 20.Section 204.224 is hereby amended by repealing section 204.224 and
enacting in lieu thereof the following:
Sec.204-224.Denial,suspension and revocation of license.
(a)
(b)
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:
(I)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.
Failure to pay fees,administrative penalties or fines.
Failure to report a spill to the WRA.
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.
(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 afler 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.
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:
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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.
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.
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:
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.
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(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.
Section 21.Re ealer.All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are hereby repealed.
Section 22.Severabili 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 23.Effective Date.The provisions of this Ordinance shall become effective
thirty (30)days after publication.
Passed by the Council the 7ra day of January,2019,and approved this 7'"day of January,2019.
Willis F.Peard,Mayor
Attest:
Rebecca D.Schuett,City Clerk
25