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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. 10 (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. 12 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: 14 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 15 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: 16 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 17 (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 18 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. 19 (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. 20 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) 21 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. 22 (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: 23 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. 24 (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