HomeMy WebLinkAbout2007-02-26-Ordinance 2596_Industrial and Commercial Wastewater, Hauled WasteORDINANCE NO.2596
AN ORDINANCE TO AMEND CHAPTER 204 TO ADD PROVISIONS TO
THE CITY OF WAUKEE'S SANITARY SEWER ORDIANCE
PROVIDING FOR THE REGULATION AND ENFORCEMENT OF
INDUSTRIAL WASTEWATER,COMMERCIAL WASTE WATER AND
HAULED WASTE IN THE CITY OF WAUKEE,IOWA.
WHEREAS,the City of Waukee desires to protect aud promote the health,safety,welfare and
quality of life of Waukee residents and the general welfare of the citizen's 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 anticipates the connection and operation of the City's sanitary
sewer system in such a manner such that all and/or part of the actual treatment of sanitary waste
will be undertaken by the Waste Water Reclamation authority of which it is a member at some
time in the future.
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 by enacting and
adding thereto Article II containing sections 204-26 through 204-225 as follows:
Article II
Regulation oflndustrial Wastewater,
Commercial Wastewater and Hauled Waste
Division 1.General Provisions Regarding Industrial Waste
Sec.204-26.Definitions.
Sec.204-27.Abbreviations.
Sec.204-28.General adoption.
Sec.204-29.Intent and construction.
Sec.204-30.Purpose and policy.
Sec.204-31.Jurisdiction.
Sec.204-32.Severability.
Sec.204-33.Interpretation.
Sees.204-34 --204-60.Reserved.
Division 2.Wastewater Treatment and Pretreatment ISec.204-61.User requirements.
Sec.204-62.Discharge prohibitions.
Sec.204-63.Local limits for specific pollutants.
Sec.204-64.National Categorical Pretreatment Standards.
Sec.204-65.State requirements.
Sec.204-66.(City's)(County's)right of revision.
Sec.204-67.Pretreatment.
Sec.204-68.Dilution prohibited.
Sec.204-69.Spill contaimnent.
Sec.204-70.Treatment upsets.
Sec.204-71.Treatment bypass.
Sec.204-72.Fees.
Sees.204-73--204-100.Reserved.
Division 3.Industrial wastewater Discharge Permits and Reporting Requirements
Sec.204-101.Classes of permits.
Sec.204-102.Permit requirements.
Sec.204-103.Permit applications;baseline monitoring reports.
Sec.204-104.Report on compliance by categorical industries.
Sec.204-105.Permit contents.
Sec.204-106.Permit duration and renewal.
Sec.204-107.Continuation of expired permits.
Sec.204-108.Permit modifications.
Sec.204-109.Permit transfer.
Sec.204-11 O.Denial of permit.
Sec.204-111.Permit violations.
Sec.204-112.Periodic compliance reports.
Sec.204-113.Certification and signatory requirements.
Sec.204-114.Monitoring facilities.
Sec.204-115.Inspection,sampling and recordkeeping authority.
Sec.204-116.Confidential information.
Sec.204-117.Appeal of denial of confidential status.
Sees.204-118--204-145.Reserved.
Division 4.Enforcement of Industrial wastewater regulations
Sec.204-146.Public notification of significant noncompliance.
Sec.204-147.Significant noncompliance.
Sec.204-148.Administrative actions.
Sec.204-149.Actions authorized.
Sec.204-150.Civil penalties.
Sec.204-151.Performance bonds.
Sec.204-152.Revocation of discharge permit;termination of sewer services.
Sec.204-153.Reserved.
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Sec.204-154.Reinstatement of service.
Sec.204-155.Emergency disconnection of service.
Sec.204-156.Elimination of discharge;reinstatement of permit.
Sec.204-157.Additional remedies.
Sec.204-158.Notices to be WRA,the WRA board,the WRA director or the WRA steering
committee.
Sees.204-159--204-185.Reserved.
Division 5.Regulation of Fat,Oil and
Grease Discharge by Food Service Establishments
Sec.204-186.Purpose.
Sec.204-187.Definitions.
Sec.204-188.Effective date of FOG regulations.
Sec.204-189.Grease interceptor installation required after effective date.
Sec.204-190.Exemption from grease interceptor installation requirement.
Sec.204-191.Compliance procedures.
Sec.204-192.Installation of grease interceptors and grease traps.
Sec.204-193.Operation,maintenance and cleaning of grease interceptors.
Sec.204-194.Records and record keeping.
Sec.204-195.Inspection of grease interceptors and related sewer and equipment.
Sec.204-196.Inspection fees.
Sec.204-197.Enforcement.
Sec.204-198.Notice ofviolation--administrative penalties--corrective action order.
Sec.204-199.Penalties.
Sec.204-200.Order to cease operation ofFSE.
Sec.204-201.Appeal of corrective action order or cease and desist order.
Sec.204-202.Additional remedies.
Sees.204-203--204-210.Reserved.
DIVISION 6.REGULATION OF HAULED WASTE
Sec.204-211.Definitions.
Sec.204-212.License.
Sec.204-213.Issuance oflicense.
Sec.204-214.Standards for vehicles and equipment.
Sec.204-215.Disposal.
Sec.204-216.Identification of source.
Sec.204-217.Mixing wastes.
Sec.204-218.Standards of disposal at WRF.
Sec.204-219.Rejection of waste loads.
Sec.204-220.Treatment fees for hauled wastes.
Sec.204-221.Enforcement.
Sec.204-222.Notice ofviolation--administrative penalties--corrective action order.
Sec.204-223.Penalties.
Sec.204-224.Denial,suspension and revocation oflicense.
Sec.204-225.Alternative relief.
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ARTICLE II.REGULATION OF INDUSTRIAL WASTEWATER*,COMMERCIAL
WASTEWATER AND HAULED WASTE I
DIVISION 1.GENERAL PROVISIONS REGARDING INDUSTRIAL WASTE
Sec.204-26.Definitions.
The following words,terms and phrases,when used in this article,shall have the meanings
ascribed to them in this section,except where the context clearly indicates a different meaning:
Act or Clean Water Act means the 1972 Federal Water Pollution Control Act,the 1977 Clean
Water Act,and the 1987 Water Quality Act,as amended.
Approval authority means the Iowa department of natural resources.
Authorized representative means:
(l)An executive officer of a corporation.
(2)A general partner of a partnership.
(3)The proprietor of a proprietorship.
(4)The conservator,trustee,attorney in fact,receiver or other person or agent authorized in
law and in fact to act on behalf of users which are not corporations,partnerships,or
proprietorships or on hehalf of other entities which must legally act through an agent.
(5)Any other authorized representative of a person or entity identified in suhsections (l),(2),
(3),or (4)of this definition,if the authorization specifies either an individual or a position having
responsibility for the overall operation of the facility from which the discharge originates,such
as the position of plant manager or a position of equivalent responsibility,or having overall
responsibility for environmental matters for the company and the written authorization is
submitted to the director.
(6)Any other person authorized by law to act on behalf of any entity.
Baseline monitoring report means the report required by 40 CFR 403.12(b)(1-7).
Biochemical oxygen demand (BOD)means the analysis of BOD as described in Environmental
Protection Agency methods.
Building drain means that part of the lowest horizontal piping of a drainage system which
receives the discharge from waste and other drainage pipes inside the wall of the building and
conveys it to the building sewer,beginning three feet outside the building wall.
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Building sewer or lateral sewer means the sewer extending from the bnilding drain to the
connection with the POTW.
Bypass means the intentional diversion of waste streams from any portion of an industrial user's
pretreatment facility.
Carbonaceous Biochemical Oxygen Demand (CBOD)means the analysis of BOD as described
in Environmental Protection Agency methods while inhibiting the nitrogenous oxygen demand.
Categorical user means a user subject to National Categorical Pretreatment Standards.
Chemical oxygen demand (COD)means the measurement of the susceptibility ofa sample to
oxidation by a strong chemical oxidant expressed in mg/l and using Environmental Protection
Agency methods.
City means the political subdivision known as the (city of Des Moines,Iowa)(City of Waukee,
Iowa),and also means the territory within the corporate boundaries of the city of Des Moines.
City sanitary sewer system or sanitary sewer system means the local outfall sewers,trunk sewers,
pumping stations,force mains,and wastewater equalization basins,and all other structures,
devices and appliances appurtenant thereto,which are used for collecting,conveying or storing
wastewater and which serve and are owned,operated and maintained by the city or by a sanitary
district serving the city.
Combined waste stream formula means the formula as found in 40 CFR 403.6(e).
Composite sample means a representative sample using a minimum of three grab sample aliquots
obtained over a period of time and mixed using either a flow proportional or time proportional
method.
Conventional pollutant means BOD,COD,O&G,suspended solids,pH,ammonia nitrogen,total
Kjeldahl nitrogen and fecal coli form bacteria.
County means the political subdivision known as the Dallas County,and also means the territory
within the boundaries of the Dallas County.
County sanitary sewer system or sanitary sewer system means the local outfall sewers,trunk
sewers,pumping stations,force mains,and wastewater equalization basins,and all other
structures,devices and appliances appurtenant thereto,which are used for collecting,conveying
or storing wastewater and which serve and are owned,operated and maintained by the county or
by a sanitary district serving the county.
Discharge or indirect discharge means the introduction of treated or untreated wastewater into
the POTW.
Dissolved solids means the concentration of residue left in an evaporating dish after evaporation
and drying at defined temperatures using Environmental Protection Agency methods or standard
methods.
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Domestic wastewater means all household-type waste discharged from places of human
habitation,including toilet,bath,kitchen and laundry wastewater.Domestic wastewater is further
defined as waste which does not exceed daily maximum limits of300 mg/I COD,200 mg/I BOD,
250 mg/I suspended solids,100 mg/I oil &grease,30 mg/I TKN,and 15 mg/I NH3-N at a
discharge rate of 100 gallons per capita per day.This loading is equal to 0.25 pound of COD,
0.17 pound of BOD,0.20 pound of suspended solids,0.083 pound of oil &grease,0.025 pound
ofTKN and 0.013 pound ofNH3-N per capita per day.
Domestic user means a person discharging only domestic wastewater to the POTW,which
wastewater is discharges from any building or parts of a building designed for or occupied by
one or more persons as a single housekeeping unit,including such units within multifamily
dwellings and apartment buildings,which building or premises is a source of wastewater
discharge into a POTW.
Environmental Protection Agency or EPA means the u.s.Environmental Protection Agency
Environmental Protection Agency methods means standard procedures for wastewater analysis
approved by the U.S.Environmental Protection Agency and prescribed in 40 CFR 136,and
include alternate methods approved by the approval authority.
E.Coli or Escherichia coli means bacteria that are a member of the fecal coli form group and
whose presence indicates fecal contamination in water.
Fecal coliform means bacteria common to the intestinal tracts of humans and animals whose
presence in water is an indication of pollution.
Fat,oil,and grease or oil and grease or FOG means those substances which are detectable and
measurable using analytical test procedures established in 40 CFR 136,as may be amended from
time to time.All are sometimes referred to herein as "grease"or "greases".
Garbage means solid waste from the domestic and commercial preparation,cooking and
dispensing of food,and from the commercial handling,storage and sale of produce.
Grab sample means a single aliquot sample collected either directly or by means of a mechanical
device.
Headworks means the main wet well at the WRF prior to any treatment process.
Industrial user means a person whose property,building or premises is a source of wastewater
discharge into the POTW,other than a domestic user.
Industrial waste means the liquid waste from industrial users as distinct from domestic sewage.
Interference means a discharge which,alone or in conjunction with a discharge or discharges
from other sources,which both:
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(1)Inhibits or disrupts the POTW,its treatment processes or operations,or its sludge
processes,use or disposal,and
(2)Causes a violation of any requirement of the WRA's National Pollutant Discharge
Elimination System permit (including an increase in the magnitude or duration of
a violation)or prevents sewage sludge use or disposal in compliance with any
federal,state or local regulations or permits.
Limit means the maximum allowable discharge of a given pollutant as in the following
definitions:
(1)Daily maximum limit or daily instantaneous maximum limit means the maximum
allowable discharge of pollutant as measured at any time during a calendar day,
expressed as either a concentration limit or a daily mass limit.It is a violation if
the concentration limit on any single sample taken exceeds that discharge limits in
the discharge permit for the user,or the discharge limits set forth in section 204-
63.
(2)Monthly average limit means the maximum allowable value for the average of all
measurements of a pollutant obtained during one calendar month.
National Categorical Pretreatment Standards (NCPS)or categorical standards means any
limitations on pollutant discharges to POTW promulgated by the U.S.Environmental Protection
Agency that apply to specified process wastewater of particular industrial categories.
National Pollutant Discharge Elimination System (NPDES)permit means a permit issued
pursuant to the Act.
New source means a source as defined by 40 CFR 403.3(k).
Nonconventional pollutants mean all pollutants which are not included in the definition of
conventional pollutants.
NH3-N means the ammonia nitrogen concentration in mg/l as determined using Environmental
Protection Agency methods.
Pass through means a discharge which exits the POTW into water of the state in quantities or
concentrations which,alone or in conjunction with a discharge from other sources,is a cause of a
violation of any requirement of the WRA's National Pollutant Discharge Elimination System
permit,including an increase in the magnitude or duration of a violation,or other permit issued
to the WRA by the Iowa department of natural resources or the U.S.Environmental Protection
Agency.
Person means any individual,partnership,co-partnership,firm,company,association,joint stock
company,society,corporation trust,estate,municipality,governmental entity,group,or any
other legal entity,or their legal representatives,agents,or assigns.
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pH means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of
solution.
Pollution means the alteration of chemical,physical,biological,or radiological integrity of water
as a result of human activity or enterprise.
POTW treatment plant means that portion of the publicly owned treatment works which is
designed to provide treatment,including recycling and reclamation,of municipal sewage and
industrial waste.The City of Waukee and the WRA are separate entities.
Pretreatment means the reduction,elimination,or alteration of the nature of pollutant properties
in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into the
POTW.
Pretreatment facility means the equipment used to accomplish pretreatment.
Pretreatment requirements means any substantive or procedural requirement related to
pretreatment standards,imposed on an industrial user.
Pretreatment standards means,for any specified pollutant,the prohibitive discharge standards as
set forth in section 204-62 of this article,the specific limitations on discharge as set forth in
section 204-63 of this article,the state pretreatment standards or the National Categorical
Pretreatment Standards,whichever standard is most stringent.
Properly shredded garbage means the waste from the preparation,cooking and dispensing of
food that has been shredded to such a degree that all particles are carried freely under the flow
conditions normally prevailing in the POTW,with no particle greater than one-half inch in any
dimension.
Publicly owned treatment works or POTW means and includes "POTW"treatment works as
defined by section 212 ofthe Act,and which is owned by the Des Moines Metropolitan
Wastewater Reclamation Authority or any of Participating Communities that make up the WRA.
This definition includes any devices and systems used in the storage,treatment,recycling and
reclamation of municipal sewage or industrial wastes of a liquid nature.It also includes sewers,
pipes and other conveyances if they convey wastewater to a POTW Treatment Plant.The City
of Waukee and the WRA are separate entities.
Sampling chamber or sampling maintenance hole means a device or structure suitable and
appropriate to permit sampling and flow measurement of a wastewater stream to determine
compliance with this article.
Severe property damage means substantial physical damage to property,damage to a
pretreatment facility causing it to become inoperable,or substantial and permanent loss of
natural resources which can reasonably be expected to occur in the absence of a bypass.Severe
property damage does not mean economic loss caused by delays in production.
Sewage means and includes wastewater as herein defined.
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Sewage system means sewers,intercepting sewers,pipes or conduits,pumping stations,force
mains,and all other constructions,devices and appliances appurtenant thereto used for collecting
or conducting sewage to a point oftreatment or ultimate disposal.
Significant user means:
(1)All categorical users.
(2)All industrial users that:
a.Discharge 25,000 gallons per day or more of process wastewater (excludes
sanitary,non-contact cooling and boiler blowdown wastewater);
b.Contribute a process waste stream which makes up five percent or more of the
average dry weather hydraulic or organic capacity of the WRF;or
c.Contribute a discharge that has a reasonable potential,in the opinion ofthe
director,to adversely affect the POTW treatment plant by causing interference or
pass through.
Sludge means the solids separated from the liquids during the wastewater treatment process.
Slug or slug load means any discharge of water or wastewater which,in concentration of any
pollutant,measured using a grab or composite sample,is more than five times the allowable
concentration as set forth in sections 204-62 and 204-63 of this article or in a user's most recent
wastewater discharge permit or which exceeds a slug concentration level specified in a
wastewater discharge permit.A discharge with pH outside the allowable range by more than one
standard unit (S.U.)or a flow rate in excess of two times the maximum flow limit established in
a wastewater discharge permit shall also be considered a slug.
Standard industrial classification (SIC)means a classification pursuant to the Standard Industrial
Classification Manual issued by the Executive Office of the President,Office of Management
and Budget,most recent edition.
Standard Methods means the laboratory procedures set forth in the latest USEPA approved
edition of Standard Methods for the Examination of Wastewater prepared and published jointly
by the American Public Health Association,the American Water Works Association,and the
Water Environment Federation.
Storm sewer means a sewer which carries storm water,surface water and drainage but excludes
sewage and industrial waste other than unpolluted cooling water.
T,when used as a portion of a chemical name,shall designate "total"such as in "cyanide-T"
where "T"means "total"cyanide.
TKN means the Total Kjeldahl Nitrogen concentration expressed in mg/l as determined using
Environmental Protection Agency methods or Standard Methods.
Total metal means the sum total of the suspended and dissolved concentrations of a metal
specified in a wastewater discharge permit or as specified in section 204-63 hereof.
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Total suspended solids (TSS)means the portion of total solids retained by a filter using
Environmental Protection Agency methods or Standard Methods.
Total Toxic Organics (TTO)means the summation of all quantified values greater than 0.01
milligram per liter for the toxic organics as specified in the applicable regulation.
Toxic Pollutant means any pollutant or combination of pollutants listed in 40 CFR 403,appendix
B.
Unpolluted Water means water containing none of the following:free or emulsified oil and
grease;substances that may impart taste,odor or color characteristics;volatile,explosive,toxic
or poisonous substances in suspension or solution;explosive,odorous or otherwise obnoxious
gases.Such water shall not contain more than 25 mg/I of suspended solids,and not more than 25
mg/lofBOD.
Upset means an exceptional incident in which there is unintentional and temporary
noncompliance with pretreatment standards because of factors beyond the reasonable control of
the user.An upset does not include noncompliance to the extent caused by operational error,
improperly designed pretreatment facilities,inadequate pretreatment facilities,lack of preventive
maintenance,or careless or improper operation.
User means a person discharging anything other than domestic wastewater into the POTW,and
includes categorical users as herein defined.
Waste hauler means a private contractor licensed by the WRA to deliver wastewater to the WRF
or other locations approved by the WRA director,and includes all persons required to have a
license under section 204-212 of this chapter.
Wastewater means and includes sewage as defined in federal law and regulation,or a
combination of the liquid and water-carried waste from residences,commercial buildings,
institutions and industrial establishments,together with such groundwater,surface water,and
storm water as may be present,whether treated or untreated,which is contributed into or
permitted to enter the OTW.
Wastewater discharge permit means the document issued to a user by the WRA in accordance
with the terms of this article which permits such user to discharge wastewater to the POTW.
Water of the state means all streams,lakes,ponds,marshes,watercourses,waterways,wells,
springs,reservoirs,aquifers,irrigation systems,drainage systems and all other bodies or
accumulations of water,surface or underground,natural or artificial,public or private,which are
contained within,flow through or border upon the state or any portion thereof.
WRA or wastewater reclamation authority means the Des Moines Metropolitan Wastewater
Reclamation Authority,an entity organized and existing under Chapters 28E and 28F ofthe Iowa
Code,and established pursuant to the WRA Agreement.The term "WRA"means and includes
the representatives of the Participating Communities on the WRA Board,and the officers and
employees of the WRA.
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WRA agreement means the Amended and Restated Agreement for the Des Moines Metropolitan
Wastewater Reclamation Authority,approved and executed by the WRA and its Participating
Communities and effective as of July 1,2004.
WRA director or director means the person appointed by the WRA board,or by the WRA
operating contractor upon consultation with the board,as provided in Section 2.63 of the WRA
operating contract,who is charged with the administration and management ofthe WRA system
and of the provision of all services outlined in operating contract.Unless otherwise indicated in
the text,the director shall mean and include the person acting as the director's authorized
designee in the director's absence in carrying out the director's duties under this Article.
WRA operating contractor or operating contractor means the city of Des Moines,pursuant to the
Initial Operating Contractor executed by the city of Des Moines and the WRA Board on and as
of July 1,2004,or such successor operating contractor as the WRA shall contract with to provide
operation and management services to the WRA
WRA participating community or WRA participating communities means,individually or
collectively,depending on context,the cities of Altoona,Ankeny,Bondurant,Clive,Cumming,
Des Moines,Johnston,Norwalk,Pleasant Hill and West Des Moines,and Polk County,Warren
County,the Urbandale Sanitary Sewer District,the Urbandale-Windsor Heights Sanitary District
and the Greenfield PlazaIHills of Coventry Sanitary District,together with any other cities,
counties,or sanitary districts that become participating communities under the provisions of the
WRA agreement.
WRA wastewater collection and conveyance system or WCCS means the WRA sanitary sewer
interceptors and extensions to same,detention basins,equalization basins,storage facilities,
pumping stations,force mains and all related property and improvements.
WRA wastewater reclamation facility or WRF means the wastewater treatment plant located
generally at 3000 Vandalia Road,Des Moines,Iowa,as the same may be expanded or improved
in the future,and any other wastewater treatment plants hereafter acquired or constructed and
operated by the WRA.
WRA system means and includes the WRF,the WCCS,satellite wastewater and csa treatment
facilities hereafter constructed,all real and personal property of every nature hereinafter owned
by the WRA and comprising part of or used as a part of the WRA system,and all appurtenances,
contracts,leases,franchises and other intangibles of the WRA.
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Sec.204-27.Abbreviations.
The following abbreviations,when used in this article,shall have the designated meanings:
BETX Benzene,ethylbenzene,toluene,and
xylenes(total)
BOD Biochemical oxygen demand
BMR Baseline monitoring report
C Celsius
CFR Code of Federal Regulations
COD Chemical oxygen demand
EPA Environmental Protection Agency
F Fahrenheit
GPD Gallons per day
IDNR Iowa Department of Natural Resources
lb/day Pounds per day
Mgd Million gallons per day
mg/l Milligrams per liter
NCPS National Categorical Pretreatment Standards
or categorical standards
NH3-N Ammonia nitrogen
NPDES National Pollution Discharge Elimination
System
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I
O&G Oil and grease
POTW Publicly owned treatment works
SCP Spill control plan
SIC Standard industrial classification
SNC Significant noncompliance
RCRA Resource Conservation and Recovery Act
TCLP Toxicity characteristic leaching procedure
TFE Trichlorotrifluoroethane
TKN Total Kjeldahl nitrogen
TOH Total organic hydrocarbons
TPH Total purgeable hydrocarbons
TRC Technical review criteria
TSS Total suspended solids
TTO Total toxic organics
USC United States Code
U.S.EPA United States Environmental Protection
Agency
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Sec.204-28.General adoption.
The provisions of this article are enacted to aid in the enforcement of the pretreatment
regulations set forth in this article and may be placed in a separate portion of the municipal code
of any WRA participating community which adopts these provisions.Each WRA participating
community by enacting this article designates the WRA and its operating contractor as the
enforcement agency under this article.Employees,agents and officers of the WRA and of its
operating contractor,while acting to enforce this article for the WRA,are empowered to make
such inspections,issue such orders or permits and take such actions within the boundaries of the
City of Waukee,as are authorized by this article.The WRA or its operating contractor is also
authorized to impose and collect all fees or penalties authorized by this article,and are
authorized to directly bill and collect from contributors penalties,fees charges and surcharges
from all users within the City of Waukee,A user's failure to pay any fee,charge,penalty or
surcharge is a municipal infraction and shall also be grounds to discontinue sewer service to the
user,all as hereafter more particularly provided.The enforcement of this article in the City of
Waukee is not dependent upon passage ofthis article or a similar ordinance by other WRA
participating communities.
Sec.204-29.Intent and construction.
This article seeks to implement provisions of the Act,the general pretreatment regulations found
at 40 CFR,Part 403,and the Iowa Administrative Code,chapter 567,sections 62.4 and 62.8.
This article is to be construed and applied in accordance with the Clean Water Act amendments,
the general pretreatment regulations,the Iowa Administrative Code and the purpose and policy
provision set forth in section 204-30 of this division.
Sec.204-30.Purpose and policy.
(a)This article regulates the use of sanitary sewers;private wastewater disposal;the
installation and connection of building sewers;and the discharge of wastewater or waste
into the POTW.This article sets forth uniform requirements for discharges into the
POTW,and the deposit of wastewater and waste hauled to the WRF or to other locations
approved by the WRA director for disposal and treatment.
(b)The objectives of this article are to:
(1)To prevent the introduction of pollutants into the POTW that may interfere with the
operation of the system or interfere with sludge management and disposal.
(2)Prevent the introduction of pollutants into the POTW that may pass through the system
inadequately treated and ultimately into receiving water,the atmosphere,or otherwise be
incompatible with the system.
(3)Protect workers'safety and health and protect against damage to the POTW.
(4)Provide for equitable distribution of treatment and industrial pretreatment costs resulting
from pollutants introduced into the POTW.
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Sec.204-31.Jurisdiction.
The sections of this article are applicable in their entirety to all users who contribute wastewater,
directly or indirectly,into the POTW without regard to whether the physical facilities of
such users are situated within or outside the limits of the City of Waukee
Sec.204-32.Severability.
If any provision of this article or the application thereof to any particular person or particular
circumstance is held invalid,the invalidity shall not affect other provisions or application of this
article which can be given effect without the invalid provision or application.To this end the
provisions of this article are severable.
Sec.204-33.Interpretation.
This article shall be construed and interpreted to conform with 40 CFR I,and it is the intent of
this article that it complies with the federal regulations.
Sees.204-34--204-60.Reserved.
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DIVISION 2.WASTEWATER TREATMENT AND PRETREATMENT
Sec.204-61.User requirements.I
(a)The following requirements shall apply to all users of the POTW:
(1)All users shall promptly notify the WRA director and the City of Waukee in
advance of any substantial change in the volume or character of pollutants in their
discharge.
(2)New or increased contributions of pollutants or changes in the nature of pollutant
discharged to the POTW shall require prior approval by the WRA director.
(3)Industrial users shall notify the WRA director,the City of Waukee,the
Environmental Protection Agency Regional Waste Management Division Director,and
state hazardous waste authorities in writing of any discharge into the POTW of a
substance which,if otherwise disposed of,would be a hazardous waste under 40 CFR
261.The notification shall comply with the requirements set forth in 40 CFR403.l2(p).
(4)Discharge of any pollutants without the notice and approval required by this
section is prohibited.Upon the receipt of notice required by this section,the WRA
director shall within 180 days or less approve the discharge ifhe or she finds the
proposed discharge meets applicable pretreatment standards and requirements and would
not cause the WRA to violate its National Pollutant Discharge Elimination System
permit.The WRA director shall deny permission for the discharge if he or she fmds
applicable pretreatment standards and requirements are not met or the discharge would
cause a violation of the National Pollutant Discharge Elimination System permit for the
WRF.In lieu of denial of permission for discharge,the WRA director may allow such
discharge or contribution upon conditions which would not violate applicable
pretreatment standards or requirements and would not cause a violation of the National
Pollutant Discharge Elimination System permit for the WRF.
(5)Food Service Establishments shall be regulated first under Division 5 of this
ordinance but may be required to obtain a wastewater discharge permit and be subject to
the requirements of Divisions 1-4 if the WRA Director determines that additional
pretreatment is required in order to comply with Fat,Oil,&Grease discharge limits.
(b)Any part of this section notwithstanding,upon receipt of the notice required by this
section,the WRA director may require,in addition to the requirements of this section,
that an industrial user obtain a permit under this article.
(c)Users who are determined to be industrial users as herein defined and who refuse to apply
for or obtain a wastewater discharge permit shall be subject to termination of sewer
services as provided in section 204-152 hereof.
16
Sec.204-62.Discharge prohibitions.
The following general prohibitions shall apply to all users of the POTW unless the user is subject
to a more restrictive National Categorical Pretreatment Standards,the Iowa Department of
Natural Resources,or wastewater discharge permit limit.The following substances are
prohibited from discharge to the POTW:
(1)Pollutants creating a fire or explosion hazard in the POTW,including but not
limited to waste streams with a closed cup flashpoint ofless than 140 degrees Fahrenheit
(60 degrees Celsius)using test methods referenced in 40 CFR 261.21.Waste streams
shall not be ignitable at ambient temperatures.At no time shall two successive readings
on a meter capable of reading L.E.L.(lower explosive limit)at the nearest accessible
point to the POTW,at the point of discharge into the POTW or at any point in the
POTW,be more than five percent nor any single reading greater than ten percent.
(2)Any substance which will cause corrosive structural damage to the POTW,but in
no case discharges with pH lower than 5.0 or greater than 12.0.The City of Waukee will
accept no ph lower than 6.0 and no higher than 9.0 for Waukee plant influent.
(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,spent
grains,spent hops,wastepaper,wood,plastics,tar,asphalt residues from refining or
processing of fuel or lubricating oil,mud or glass grinding or polishing waste,or
tumbling and de-burring stones,and wastewater containing fat,wax,O&G,or other
substances which may solidify or become viscous at temperatures between 32 and 150
degrees Fahrenheit (0 and 65 degrees Celsius).
(4)Any pollutant,including oxygen demanding pollutants (BOD,etc.)released in a
discharge at a flow rate or pollutant concentration which will cause interference or pass
through at the WRF or which constitutes a slug load as defined in this article.
(5)Heat in amounts which will inhibit biological activity in the POTW resulting in
interference,but in no case wastewater or vapor having a temperature higher than 150
degrees Fahrenheit (65 degrees Celsius)at the point of introduction into the POTW,and
in no case wastewater or vapor which alone or in concert with other discharges produces
a temperature at the WRF greater than 104 degrees Fahrenheit (40 degrees Celsius).The
City of Waukee will not accept a temperature in excess of 104 degrees Fahrenheit at
introduction.
(6)Petroleum oil,non-biodegradable cutting oil,or products of mineral oil origin in
amounts that will cause interference or pass through.
(7)Pollutants which result in the presence oftoxic gases,vapors,or fumes within the
POTW in a quantity that may cause acute worker health and safety problems or a public
nutsance.
17
(8)Any trucked or hauled pollutants,except at discharge points designated by the
WRA.This applies to WRA solely.1
(9)Radioactive wastes unless they comply with Atomic Energy Commission Act of
1954 (68 Stat.919 as amended and part 20,subpart D,Waste Disposal,section 20.303 of
the regulations issued by the Atomic Energy Commission,or amendments thereto).
(10)Any wastewater containing concentrations of inert suspended solids,such as but
not limited to fuller's earth,lime slurries,and lime residues,or of dissolved solids,such
as but not limited to,sodium chloride and sodium sulfate,which exceed 3,000 mg/I
nonvolatile or 3,000 mg/I total dissolved solids unless approved by the WRA director.
(11)Pollutants causing excessive discoloration,such as but not limited to dye waste
and vegetable tanning solutions.
Sec.204-63.Locallimits for specific pollutants.These values apply to the WRA only.
(a)Generally.Local limits for specific pollutants discharged pursuant to this article shall be
as follows:
(1)Dilution.Dilution of the discharge from a pretreatment facility or from a
regnlated process is prohibited as a method for treatment of wastes in order to meet the
limits set forth in this article.
(2)Sample location.Measurement of pollutant concentrations to determine
compliance shall be made at the point immediately following the pretreatment facility
and before mixture with other waters,unless another point is designated by the WRA
director.If necessary,the concentrations so measured shall be recomputed to exclude the
effect of any dilution that is improper using the combined waste stream formula.
(b)Headworks limits;average mass.The average composite loading of all industrial users
contributing the following specific pollutants to the POTW shall not exceed the allowable total
pounds.The allocation of pollutants between industrial and nonindustrial sources may be
adjusted by the director provided that the allowable total loading for any pollutant at the
headworks of the WRF is not exceeded.
30-Day Average Allowable
Pounds/Day
Pollutant Total Industrial
BOD 195,600 135,153
)
18
TSS 300,400 208,463
NH3 13,000 6,959
TKN 27,760 16,950
Maximum Allowable Maximum Allowable
Headworks Loading Industrial Loading
PoundslDay Pounds/Day
Pollutant Total Industrial
Arsenic-T 4.24 3.87
Cadmium-T 2.71 2.54
Chromium-T 170.12 159.92
Copper-T 83.03 60.85
Cyanide-T 20.80 18.77
Lead-T 15.74 13.59
Mercury-T 0.63 0.59
Nickel-T 48.47 45.80
Silver-T 32.51 30.38
Zinc-T 201.54 158.34
(c)Discharge concentration limits and review criteria.Discharge concentration limits and
review criteria shall be as follows:
19
(1)The discharge into the POTW of any materials,water or waste having a pollutant
concentration greater than the limits in subsections (c)(3),(4),and (5)of this section or
containing pollutants not listed in this subsection shall be subj ect to the review and
approval ofthe WRA director.After review of the proposed discharges,the WRA
director may:
a.Reject the waste for reasons consistent with section 204-30 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 whose pollutant concentrations or flows are
greater than the following shall be considered industrial users for purposes of sewer
charges and may be regulated or permitted by the WRA director as appropriate:
Pollutant Daily
Maximum
(mg/l)
a.BOD 200 I
20
b.TSS 250
c.COD 300
d.O&G-T 100
e.TKN 30
f.NH3-N 15
g.An average daily flow greater than 5,000 gallons or having an
unusual concentration of flow constituting a slug load,as
defined in this article.
(3)Pollutant limits.Average and maximum concentration limits for users without
National Categorical Pretreatment Standards for these pollutants shall be as follows:
Pollutant Daily Monthly
Maximum Average
(mg/l)(mg/l)
Arsenic-T 0.39 0.26
Cadmium-T 0.15 0.10
Chromium-T 13.33 8.89
Copper-T 3.44 2.29
Cyanide-T 1.25 0.83
Lead-T 0.61 0.41
Mercury-T 0.03 0.02
21
Nickel-T 4.20 2.80
O&G-T 400.0 --
O&G-Mineral 100.0 --
Silver-T 3.04 2.03
TPH 10.0 --
Zinc-T 5.99 3.99
pH range shall be not lower than 5.0 or greater than 12.0.
Temperature (liquids or vapors)shall be not greater than 150 degrees Fahrenheit
at the point of entry into the POTW.
(4)Daily maximum pollutant limits for waste haulers.Wastes delivered to the WRF
by truck or rail shall not exceed the following maximum concentrations in any load:
Pollutant mg/l
COD 100,000
O&G-T 50,000
Arsenic-T 0.04
Cadmium-T 2.70
Chromium-T 72.0
Copper-T 69.0
Cyanide-T 0.75
Lead-T 19.5
22
Mercury-T 0.35
Nickel-T 10.8
Zinc-T 255.0
TPH 10.0
pH range shall be not lower than 5.0 or greater than 12.0.
(5)Daily maximum limit for gasoline cleanup projects.Discharge of wastewater
from sites where gasoline is being removed from the soil or groundwater shall meet the
following limits prior to discharge to the POTW:
Pollutant mg/l
Benzene 0.050
BETX 0.750
(d)No subsection of this section shall be construed to provide lesser discharge standards than
are or that may be imposed and required by U.S.Environmental Protection Agency or the
Iowa department of natural resources,nor to allow the average allowable total loading for
any pollutant at the headworks of the WRF to be exceeded.
Sec.204-64.National Categorical Pretreatment Standards.
Users subject to National Categorical Pretreatment Standards (NCPS)as contained in 40 CFR I,
subchapter N,part 405-471 shall comply with the standards and applicable reporting
requirements under 40 CFR 403 .12.New sources of categorical discharge shall meet National
Categorical Pretreatment Standards in the shortest feasible time,but in no case longer than 90
days from the commencement of discharge.Failure to comply shall be a violation of this article
and subject the user to enforcement action.The WRA is required to notify all known affected
categorical users of the applicable reporting requirements under 40 CFR 403.12.Failure of the
WRA to notify a user shall not relieve the user of the duty,if any,to comply with National
Categorical Pretreatment Standards.
23
Sec.204-65.State requirements.
State ofIowa requirements and limitations on discharges pursuant to this article shall apply when
they are more stringent than u.S.Environmental Protection Agency or WRA requirements and
limitations unless allowed by the Iowa Department of Natural Resources.
Sec.204-66.City's right of revision.
The City of Waukee,acting at the direction ofthe WRA,reserves the right to establish more
stringent limitations or requirements on discharges to the POTW than those contained in this
article if deemed necessary to comply with the purpose and policy objectives presented in section
204-30 of this article.
Sec.204-67.Pretreatment.
(a)A user discharging or with potential to discharge any waste into the POTW as set forth in
section 204-62,204-63 or 204-64 of this division shall be required by the WRA director
to construct,install and operate,at the user's sole expense,such pretreatment facilities as
may be required in order to:
(I)Reduce the objectionable characteristics or constituents of wastewater to within
the maximum limits provided for in sections 204-62,204-63,204-64 and 204-65
of this article.
(2)Control the quantities and rates of discharge of such wastewater.
(3)Reduce the pollutants to such concentration and flows as may be contained in the
user's wastewater discharge permit.
(4)Prevent the discharge ofliquid waste containing FOG,sand in excessive amounts,
any flammable waste,or other harmful pollutants.All traps or similar devices
shall be of a type and capacity needed to perform effectively and shall be readily
and easily accessible for cleaning and inspection.All traps or devices shall be
provided and maintained in efficient operating condition at all times.Materials
removed from traps shall be considered unacceptable for disposal at the WRF
unless specifically approved by the WRA director.
(b)All plans,specifications,technical operating data and other information pertinent to the
proposed operation and maintenance of pretreatment facilities shall be reviewed and
approved by the WRA director prior to construction.Design and installation of such
facilities shall be subject to the requirements of all applicable codes,chapters and laws,
including local zoning regulations.The review and approval of such plans and operating
procedures shall,in no way,relieve the user from the responsibility of modifying the
facility as necessary to produce an effluent acceptable to the WRA director under this
article.Any subsequent changes in the pretreatment facilities or method of operations
shall be reported to and be acceptable to the WRA director prior to the user's initiations
of the changes.)(c)Users shall continuously maintain all pretreatment facilities required by this article in
satisfactory and effective operating condition at the sole expense of such user.
24
(d)No section contained in this article shall be construed to prevent or prohibit a separate or
special agreement between the WRA and any user whereby wastewater containing waste
of unusual strength,character or composition may be accepted for treatment,subject to
additional payment by such user;provided,however,that such agreement shall have the
prior approval of the WRA Board,shall not conflict with the Iowa department of natural
resources and u.s.Environmental Protection Agency requirements,and shall be
consistent with subsection 204-63 (b)and sections 204-64 and 204-65 ofthis article,and
subsection (f)of this section.
(e)The WRA director may reject any waste which,in the opinion of the director,may cause
interference or pass through.
(f)Users shall obtain the specific approval of the WRA director prior to discharging any
waste resulting from a pretreatment facility to the POTW.The WRA director may
develop a documentation system to track the transportation and final disposition of any
pretreatment waste.Pretreatment waste regulated by this subsection shall include waste
generated as a result of pretreatment processes used to comply with National Pollutant
Discharge Elimination System permits,air pollution permits,wastewater discharge
permits,soil/groundwater reclamation processes,and pollutants resulting from a spill of
any liquid or solid material or the cleanup of any such spill.Pretreatment waste is
prohibited from disposal to the water of the state except as specifically permitted by the
Iowa department of natural resources.
Sec.204-68.Dilution prohibited.
Users shall not increase the use of process water or,in any way;attempt to dilute a discharge as a
partial or complete substitute for adequate pretreatment to achieve compliance with the
limitations contained in the National Categorical Pretreatment Standards,or with any other
pollutant-specific limitation developed by the WRA or its Operating Contractor.
Sec.204-69.Spill containment.
(a)Users having the ability to cause interference or pass through or to discharge a slug shall
provide protection from accidental discharge to the POTW of prohibited materials or
other substances regulated by this article.Facilities to prevent accidental discharge of
prohibited materials shall be constructed,installed,operated and maintained at the user's
sole cost and expense.
(b)Users meeting the criteria in subsection (a)of this section shall develop a spill
containment plan.The plan shall require the approval of the WRA director and shall
contain the following:
(l)A description of discharge practices,including non-routine batch discharges.
(2)A description of stored chemicals.
(3)Procedures for immediately notifying the WRA of slug discharges,including any
that would violate the discharge prohibitions in section 204-62 of this division.
Notification procedures shall comply with subsections (c)and (d)of this section.
25
(4)A description of procedures and structures necessary to prevent adverse impacts
upon the POTW from accidental spills including inspection and maintenance of
storage areas,handling and transfer of materials,loading and unloading
operations,control of plant site runoff,worker training,building of containment
structures or equipment,measures for containing toxic organic pollutants
including solvents,and/or measures and equipment fOTemergency response.
A schedule for the completion or implementation of necessary procedures and
structures.Complete implementation and installation of any procedures or
structures shall be according to the shortest possible schedule,but in no case
longer than one year.Review and approval of such plans and operating
procedures shall not relieve the user from the responsibility to modify and operate
its facility as necessary to meet the requirements of this article.
I
(5)
(c)Users shall immediately telephone and notify the WRA of any accidental or deliberate
discharge of pollutants which violates section 204-62 of this division or which is a slug load.
Any discharge into the POTW of a substance which is a listed or characteristic waste under
section 3001 ofRCRA must be immediately reported to the u.s.Environmental Protection
Agency Regional Director,the Iowa department of natural resources,and the WRA.
Notifications required in this subsection shall include the name of caller,location and time of
discharge,pollutant concentration,volume and the corrective actions taken.
(d)Users shall submit a written report to the WRA director within five days following such
an accidental or deliberate discharge describing the cause of the discharge and the measures to be
taken by the user to prevent similar future occurrences.Users shall submit follow-up reports as
may be required by the WRA director.Such report shall not relieve the user of any expense,loss,
damage or other liability which may be incurred as a result of damage to the POTW,fish kills,or
any other damage to person or property,nor shall such report relieve the user of any fines,civil
penalties,OTother liability which may be imposed by this article OTotherwise.Failure to report
accidental or deliberate discharges may,in addition to any other remedies available to the city;
result in the revocation of the discharger's wastewater discharge permit.
(e)Users shall control production or all discharges to the extent necessary to maintain
compliance with all applicable regulations upon reduction,loss,or failure of its pretreatment
facility until the facility is restored or an alternative method of pretreatment is provided.This
requirement applies in the situation where,among other things,the primary source of power to
the user's pretreatment facility is reduced,lost or fails.
(f)Users required to have a spill containment plan must permanently post a notice in English
and the language of common use on the user's bulletin board or other prominent place advising
employees whom to call if a prohibited discharge occurs.Users shall ensure that all employees
who are in a position to cause,discover,or observe such an accidental discharge are advised of
the emergency notification procedures.
Sec.204-70.Treatment upsets.
Users shall inform the WRA director within one hour of becoming aware of an upset in
operations that places it in a temporary state of noncompliance with the pollutant limits in this
article.Users shall provide a follow-up written report to the WRA director within five days.The
26
report must demonstrate that the pretreatment facility was being operated in a prudent and
appropriate manner and shall contain:
(1)A description of the upset,its cause,and impact on the user's compliance status.
(2)The duration of noncompliance,including exact dates and times of noncompliance,and,
if the noncompliance is continuing,the time by which compliance is reasonably expected to be
restored.
(3)All steps taken or planned to reduce,eliminate,and prevent recurrence of such an upset.
Sec.204-71.Treatment bypass.
(a)Under this article,bypass is prohibited unless it is unavoidable to prevent loss oflife,
personal injury,or severe property damage or no feasible alternatives exist such as the
use of auxiliary treatment facilities,retention of untreated waste,or maintenance during
normal periods of equipment downtime.
(b)The user may allow a bypass to occur which does not cause a violation of pretreatment
standards,but only if it is for essential maintenance to ensure efficient operation.
(c)Notification of bypass shall be submitted in accordance with the following:
(I)Anticipated bypass.If the user knows in advance of the need for a bypass,it shall submit
prior written notice,at least ten days before the date of the bypass,to the WRA director.
(2)Unanticipated bypass.The user shall immediately notify the WRA director and submit a
written report to the WRA within five days.This report shall specify the following:
a.A description ofthe bypass,its cause,and the duration.
b.Whether the bypass has been corrected.
c.The steps being taken or to be taken to reduce,eliminate and prevent a
reoccurrence of the bypass.
(d)Proper notification shall not relieve the user of liability for treatment costs and fees or
other remedies as provided for in section 204-67 of this division.
Sec.204-72.Fees.Fee plus handling charges for the City of Waukee for lab work which we
would have to take to the WRA.
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:
27
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.
f.Laboratory analysis fees for those analyses performed by the WRA shall be as
follows:
LABORATORY ANALYSIS
FEES
Test Cost!
Sample
BOD $20.00
COD 20.00
Total Organic Carbon (TOC)20.00
TSS 10.00
pH 5.00
Oil and grease
Total 35.00
28
Minerallnonmineral 35.00
Nitrogen,ammonia 15.00
Nitrogen,nitrate 15.00
TKN 30.00
Phosphorous,total 25.00
Potassium 12.00
Calcium carbonate equivalent 15.00
Soil analysis,each pollutant 20.00
Phenols 28.00
Cyanide 30.00
Metals:
Arsenic 20.00
Selenium 20.00
Mercury 25.00
Other metals (per parameter)15.00
BETX (OA-I)40.00
TPH (OA-I)40.00
BETX &TPH (OA-l)45.00
USEP A Tests:
29
608 Organochlorine 70.00
Pesticides &PCBs
624 Volatile Organic 140.00
Compounds
625 BaselNeutral Organic 290.00
Compounds
and/or
625 Acid/Organic 290.00
Compounds
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.
I.Fees for inspection of a Food Service Establishment grease trap or interceptor
shall be $50.00 per visit.
(2)All users contributing wastewater in excess of the following concentrations shall be
assessed a surcharge,which shall be in addition to the rates and charges ordinarily billed to such
users for sewer use:
Pollutant Surcharge
(per pound)
Suspended solids in excess of 250 mg/I $0.16
30
I
BOD or CBOD in excess of200 mg/l 0.11
TKN in excess oBO mg/l 0.61
Oil and grease in excess of 100 mg/l 0.06
Chemical oxygen demand (COD)in excess onoo mg/l may be used at the discretion of
the WRA director in lieu of CBOD.In such case the excess COD concentration shall be
multiplied by the known CBOD/COD ratio or by a ratio of two-thirds to establish an
equivalent CBOD concentration.
Ammonia nitrogen (NH3-N)in excess of 15 mg/l may be used at the discretion ofthe
WRA director in lieu ofTKN by multiplying the excess NH3-N concentration times two
to establish an equivalent TKN concentration.
(3)The establishment and imposition of new or different fees or charges,in addition or in
substitution for those provided above in this section,shall be by ordinance amending this
chapter.The amounts of the fees and charges established in this section shall be and remain in
effect until such time as the WRA Board shall by resolution revise said fee amounts.Said
revised fees and charges shall take effect after the board causes said resolution to be sent to this
city council and thereafter causes same to be published in a newspaper of general circulation in
each county in which participating communities are located.
Sees.204-73--204-100.Reserved.
31
DIVISION 3.INDUSTRIAL WASTEWATER DISCHARGE PERMITS AND REPORTING
REQUIREMENTS
Sec.204-101.Classes of permits.
Discharge permit classifications shall be as follows:
(I)Class Apennit issued to a user discharging 25,000 gallons per day or more of process
wastewater (excludes sanitary,non-contact cooling,and boiler blowdown).
(2)Class B permit issued to a user discharging less than 25,000 gallons per day of process
wastewater.
Sec.204-102.Permit requirements.
(a)All new industrial users shall notify the WRA director of the nature and characteristics of
their proposed discharge 180 days prior to commencing discharge.A notification form
prescribed by the WRA shall be used for this purpose
(b)Significant users shall discharge wastewater,either directly or indirectly,into the POTW
only after obtaining a wastewater discharge permit from the WRA director.Obtaining a
wastewater discharge permit does not relieve a user of the obligation to obtain other permits
required by federal,state,or local law.
(c)Other users,including waste haulers,shall obtain permits as required by the WRA
director.
Sec.204-103.Permit applications;baseline monitoring reports.
Users applying for a wastewater discharge permit or submitting a baseline monitoring report
shall submit the following information as required by 40 CFR 403.12 or by the WRA director:
(1)Users applying for a wastewater discharge permit must submit an application form
prescribed by the WRA and accompanied by the application fee.All new significant users must
submit such application 180 days prior to the date of any wastewater discharge.Existing users
subject to new National Categorical Pretreatment Standards must,within 180 days after the
effective date of the standard,submit such an application.The following information is required:
a.Name,address,and location of the facility,if different from the mailing address.
b.The name of a person or agent authorized to accept legal service of process.
c.Standard industrial classification (SIC)code of both the industry as a whole and
any processes for which National Categorical Pretreatment Standards have been
promulgated and a list of any environmental control permits held by or for the facility.
d.Wastewater constituents and characteristics including any pollutants in the
discharge which are limited by any federal,state,or local standards with sampling and
analysis performed in accordance with Environmental Protection Agency approved
methods,and meeting the following requirements:
32
1.The user shall identify the pretreatment standards applicable to each
regulated process if the user is a categorical user.
2.All samples shall be representative of daily operations.
3.A minimum of four grab samples,if required,must be used for pH,
cyanide,total phenols,oil and grease,sulfide and volatile organics.For all other
pollutants required,24-hour composite samples must be obtained through flow-
proportional composite sampling techniques where feasible.The WRA director
may waive flow-proportional composite sampling for any user who demonstrates
that flow-proportional sampling is not feasible.In such cases,samples may be
obtained through time-proportional techniques or through a minimum offour grab
samples where the user demonstrates that such sampling will provide a
representative sample of the effluent being discharged.
4.Where the flow of the stream being sampled is less than or equal to
250,000 gallons per day,the user must analyze three samples within a two-week
period.Where the flow of the stream being sampled is greater than 250,000
gallons per day,the user must analyze six samples within a two-week period.
5.Samples must be taken immediately downstream from pretreahnent
facilities if such exist or immediately downstream from the regulated process if no
pretreatment exists and prior to mixing with other waste.If non-regulated
wastewater is mixed with regulated wastewater prior to pretreatment,the user
must measure the flows and concentrations necessary to allow use of the
combined waste stream formula of 40 CFR 403 .6(e)in order to evaluate
compliance with pretreatment standards.Where an alternate concentrations or
mass limit has been calculated in accordance with 40 CFR 403.6(e),this adjusted
limit along with supporting data shall be submitted to the WRA director.Users
not subject to categorical standards shall submit analysis of wastewater
representative of the effluent discharged to the POTW.
6.The WRA director may allow the submission of an application which
utilizes only historical data so long as the data provides information sufficient to
determine the need for pretreatment,
7.A statement indicating the time,date and place of sampling,methods of
analysis,and certifying that such sampling and analysis is representative of
normal work cycles and expected pollutant discharges to the POTW shall
accompany each application/baseline monitoring report unless such sampling and
analysis was performed by the city.
e.Time and duration of all discharges.
f.Daily maximum,daily average,and monthly average wastewater flow rates,
including daily,monthly,and seasonal variations,if any.
33
g.Description of activities,facilities,and plant processes at the site,including a list
of all raw materials and chemicals used at the facility which are or could accidentally or
intentionally be discharged to the POTW.
h.The site plans,floor plans and mechanical and plumbing plans and details to show
all sewers,floor drains,and appurtenances by size,location and elevation.The plans shall
include a schematic process diagram which indicates all points of discharge to the
POTW.All plans must be certified for accuracy by a professional engineer registered in
the state.
1.Each product produced by type,amount,process and rate of production.
J.Type and amount of raw materials processed (average and maximum per day).
k.Number and type of employees and hours of operation and proposed or actual
hours of operation of the pretreatment facility.
1.A statement,reviewed by an authorized representative of the user,as defined in
section 204-113 of this division,and certified to by a professional engineer registered in
the state,indicating whether pretreatment standards are being met on a consistent basis
and if not whether additional operation and maintenance or additional pretreatment is
required for the user to meet pretreatment standards and requirements.
m.If additional pretreatment or O&M will be required to meet pretreatment
standards or requirements,the user shall supply a compliance schedule indicating the
shortest time schedule necessary to accomplish installation or adoption of such additional
pretreatment or O&M.The completion date in this schedule shall not be longer than the
compliance date established for the applicable pretreatment standard.The following
conditions apply to this schedule:
1.The schedule shall contain increments of progress in the form of dates for
the commencement and completion of major events leading to the construction
and operation of additional pretreatment required for the user to meet the
applicable pretreatment standards.Such schedule shall include,where applicable,
but shall not be limited to dates for the hiring of an engineer,completing
preliminary plans,executing contracts for major components,commencing
construction,beginning operation,and conducting routine operations.
2.No increment referred to in subsection (1)m.l of this section shall exceed
nine months,nor shall the total compliance period exceed 18 months.
3.No later than 14 days following each date in the schedule and the final
date for compliance,the user shall submit a progress report to the WRA director,
including,as a minimum,whether or not it complied with the increment of
progress,the reason for any delay,and if appropriate the steps being taken by the
user to return to the established schedule.In no event shall more than nine months
elapse between such progress reports to the WRA director.
34
n.If additional pretreatment and/or operation and maintenance will be required to
meet the limits on discharge into the POTW set forth in section 204-62,204-63,204-64
of this article,or any other limits set by the WRA director,a plan shall be provided by the
user giving the shortest schedule by which the user will provide the needed equipment,
operation,or maintenance changes and additions to meet such limits.The completion
date in this schedule shall not be later than the compliance date established for the
National Categorical Pretreatment Standards.For a compliance schedule for meeting
National Categorical Pretreatment Standards the following condition shall apply:
I.The schedule shall contain increments of progress in the form of dates for
the commencement and completion of major events leading to the construction
and operation of additional pretreatment required to meet the applicable National
Categorical Pretreatment Standards.Such schedule shall include,where
applicable,but not be limited to dates for the hiring of an engineer,completing
preliminary plans,completing final plans,executing contracts for major
components,commencing construction and completing construction.
2.No time increment in the schedule may exceed nine months.
3.No later than 14 days after each date in the schedule and the final date for
compliance,the user shall submit a progress report to the WRA director stating
whether or not it complied with the increment of progress to be met on such date
and,if not,the date on which it expects to comply with this increment of progress,
the reason for delay,and the steps being taken by the user to return to the
schedule established.In no case shall more than nine months elapse between such
progress reports to the WRA.
o.Any additional information required by the WRA director to evaluate a permit
application.
(2)All applications and reports must contain the certification statement and be signed in
accordance with section 204-113 of this division.
Sec.204-104.Report on compliance by categorical industries.
Users subject to National Categorical Pretreatment Standards shall submit a report to the WRA
director containing the information described in subsections 204-103(I)c,(I)d,(I)e and (I)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 long-term production rate.For all other users subject to National Categorical
Pretreatment Standards expressed in terms of allowable pollutant discharge per unit of
production or other measure of operation,this report shall include the user's actual production
during the appropriate sampling period.All reports must contain the certification statement and
be signed in accordance with section 119-113 of this division.
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Sec.204-105.Permit contents.
Wastewater discharge permits shall include such conditions as are reasonably.deemed necessary
by the WRA director to prevent pass through or interference;protect the quality of the water
body receiving effluent from the POTW;protect worker health and safety;facilitate the WRA's
sludge management and disposal program;protect ambient air quality;and protect against
damage to the POTW.The WRA director may include the following items in the permit and
such additional items as the director determines necessary or prudent:
(I)Limits on the average or maximum rate of discharge,time of discharge,or requirements
for flow regulation and equalization.
(2)Limits on the average or maximum concentration,mass,or other measure of identified
wastewater constituents or properties.
(3)Requirements for the installation of pretreatment technology or construction of
appropriate contaimnent devices,etc.,designed to reduce,eliminate,or prevent the introduction
of pollutants into the POTW.
(4)Development and implementation of spill control plans or other special conditions
including additional management practices necessary to adequately prevent accidental,
unanticipated,or prohibited discharges.
(5)The unit charge or schedule of user charges and fees for the management of the
wastewater discharged to the POTW.
(6)Requirements for installation and maintenance of inspection,sampling,and flow
monitoring facilities and equipment for each separate discharge into the POTW.
(7)Specifications for monitoring programs which may include sampling locations,frequency
of sampling,number,types,and standards for tests,and reporting schedules.
(8)Compliance schedules.
(9)Requirements for submission of technical reports or discharge reports and which may
include production data.
(10)Requirements for maintaining and retaining plant records relating to wastewater
discharge as specified by the WRA director and affording the director or the director's
representatives access thereto.
(II)Requirements for the notification of any substantial change in the manufacturing
processes,pretreatment processes,quantity or quality of waste discharged to the POTW 90 days
prior to such change.The WRA director shall approve,deny or condition a changed discharge
prior to a change occurring in accordance with subsection 204-61 (a)(4)of this article.I
(12)Requirements for notification of excessive,accidental,or slug discharges.
36
(13)Other conditions as deemed appropriate by the WRA director to ensure compliance with
this article,and state and federal laws,rules,and regulations.
(14)A statement that compliance with the permit does not relieve the permittee of
responsibility for compliance with all applicable federal pretreatment standards,including those
which become effective during the term of the permit.
Sec.204-106.Permit duration and renewal.
Permits required under this division shall be issued for a specified time period,not to exceed five
years.Permit fees shall be due annually to the WRA regardless of the term of the permit.
Permitted users shall apply for a new permit by submitting a completed permit application a
minimum of 90 days prior to the expiration of the user's existing permit.
Sec.204-107.Continuation of expired permits.
Expired permits issued pursuant to this division shall remain effective and enforceable until the
permit is reissued unless the user is notified of permit termination by the WRA director.
Sec.204-108.Permit modifications.
(a)The WRA director may modify the permit issued pursuant to this division for good cause,
including but not limited to the following:
(1)To incorporate any new or revised federal,state,or local pretreatment standard or
requirement.After becoming aware of more stringent standards or requirements,the
WRA will ,as necessary,update permits within 90 days;
(2)To make material or substantial alterations or additions to the discharger's
operation processes,or discharge volume or character which were not considered in
drafting the effective permit;
(3)To make a change in any condition in either the industrial user or the POTW that
requires either a temporary or permanent reduction or elimination of the authorized
discharge;
(4)Upon receipt of information indicating that the permitted discharge poses a threat
to the POTW,to City,WRA or operating contractor personnel,or to the receiving water;
(5)Upon occurrence of a violation of any terms or conditions ofthe permit;
(6)Misrepresentation of,or grant of variance from,such categorical standards
pursuant to 40 CFR 403.13;
(7)To correct typographical or other errors in the permit;
(8)To reflect transfer of ownership or operation of the permitted facility to a new
owner or operator;or
37
(9)Upon request of the permittee,provided such request does not create a violation
of any applicable requirements,standards,laws,or rules and regulations.]
(b)The filing of a request by the permittee for permit modification,revocation and
reissuance,termination,or a notification of planned changes or anticipated noncompliance shall
not have the effect of staying or delaying the implementation or effective date of any permit
condition.
Sec.204-109.Permit transfer.
An indnstrial wastewater discharge permit is not transferable to any other person or entity.A
new owner or operator must apply for a new wastewater discharge permit 60 days prior to taking
ownership or nndertaking operation of a permitted facility.
Sec.204-110.Denial of permit.
The WRA director may deny a wastewater discharge permit to any user whose discharge of
material to the POTW,whether shown upon application,including test results submitted by the
applicant,or determined after inspection or testing conducted by the WRA or its operating
contractor,is not in conformity with this article or whose application is incomplete or does not
comply with the requirements of section 204-103 of this division.
Sec.204-111.Permit violations.
Any violation of the terms,conditions,or limits of a user's wastewater discharge permit shall be
deemed a violation of this article and shall subject the user to all enforcement procedures
outlined in this article.
Sec.204-112.Periodic compliance reports.
Under this division,periodic compliance reports are required as follows:
(I)Significant users shall submit to the WRA director,during the months of January and
July,a report indicating the nature,concentration,and flow of pollutants in the effluent which are
limited by permit or pretreatment standards for the preceding six-month period.This report shall
include a record of the monthly average flows and the daily flow for each analysis date during
the reporting period.At the discretion of the WRA director and in consideration of such factors
as local high or low flow rates,holidays,budget cycles,etc.,the WRA director may agree to alter
the months during which the reports are to be submitted.More frequent reports may be required
by the WRA director.
(2)The WRA director may impose mass limitations on users.In such cases,the report
required by subsection (1)ofthis section shall indicate the mass of pollutants regulated by )
pretreatment standards in the effluent of the user.All analyses shall be performed using
Environmental Protection Agency approved methods using sampling techniques approved by the
Iowa department of natural resources.
38
(3)Users shall meet the certification and signatory requirements in section 204-113 of this
division for each report submitted under this section.Where the WRA itself collects all the
information required for the report,including flow data,the industrial user will not be required to
submit a periodic compliance report.
(4)A user must notify the WRA director of all violations identified as a result of self-
monitoring to the POTW by telephone,during normal business hours,within 24 hours of the
time the user becomes aware of such violation.The user must also submit the results of repeat
analyses to the WRA within 30 days after becoming aware of the violation,together with a
complete report on all steps taken to resolve the violation.The user need not repeat the analyses
if:
a.The WRA performs sampling of the industrial user at a frequency of at least once
per month;or
b.The WRA performs sampling of the user between the time when the user
performs its initial sampling and the time when the user receives the results of this
sampling.
c.The City of Waukee would prefer 24-hour composite sampling not grab samples.
(5)A user who monitors any pollutant more frequently than required by the WRA or who
self-monitors in addition to WRA monitoring,using Environmental Protection Agency methods
or standard methods,shall report the monitoring results to the WRA director in accordance with
subsections (I),(3)and (4)of this section.
Sec.204-113.Certification and signatory requirements.
(a)All applications or reports submitted by a user pursuant to this division shall contain the
following certification statement:
"I certify under penalty of law that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted.Based on my
inquiry of the person or persons who manage the system,or those persons directly
responsible for gathering the information,the information submitted is,to the best of my
knowledge and belief,true,accurate,and complete.I am aware that there are significant
penalties for submitting false information,including the possibility of fine and
imprisonment for knowing violations."
(b)All applications and reports shall be signed by an authorized representative of the user as
defined in section 204-316 of this article.A user shall maintain a current and accurate
authorization on file with the WRA director.
Sec.204-114.Monitoring facilities.
(a)When required by the WRA director pursuant to this division,each permitted user shall at
its expense provide and operate monitoring facilities to allow inspection,sampling,and flow
measurement of the building sewer or intemal drainage systems.The WRA director may require
39
the placement of such monitoring facilities at the end of each process where pollutants are used,
produced,or treated.The monitoring facility should normally be situated on the user's premises
and located so that it will not be obstructed by landscaping or parked vehicles.
(b)When required by the wastewater discharge permit and within 90 days of written
notification,a user shall install a sampling chamber for each separate discharge of the building
sewer in accordance with plans and specification approved by the WRA director.A user shall
provide ample room in or near such sampling chamber to allow accurate sampling and
preparation of samples for analysis.Each user shall at its expense maintain all sampling and
measuring equipment in a safe and proper operating condition at all times,which equipment
shall be safely,easily and independently accessible to authorized representatives of the WRA.
Users shall certify all flow measuring devices to be in proper working condition at a frequency
specified in the permit or in writing by the WRA director,using a qualified technician acceptable
to the WRA director.Sampling shall be in accordance with the following:
(1)Each sampling chamber shall contain a flume unless another device is approved
by the WRA director,with a recording and totalizing device for measurement of the
liquid quantity.
(2)At the discretion of the WRA director,metered water supply to a user may be
used as the volume quantity where it is substantiated that the metered water supply and
waste quantities are approximately the same,or where a measurable adjustment agreed to
by the director is made in the metered water supply to determine the liquid waste
quantity.Separate meters may be used to subtract water which is not discharged to the
POTW or is discharged to a sewer other than the sampled location.
(3)Samples shall be taken at a frequency and volume determined by the WRA
director and shall be properly refrigerated and preserved in accordance with
Environmental Protection Agency approved methods.The sample shall be composited in
proportion to the flow for a representative 24-hour sample.A time proportioned 24-hour
sample may be used if flow proportioned sampling is determined by the WRA director to
be impractical.Grab samples shall be used where appropriate.
(c)A user must inform the WRA director prior to breaking a sampler seal,used by the WRA
to detect sample tampering,unless necessary to prevent loss of life,personal injury,or severe
property damage.A user shall not place additional seals or locks upon a sampler which may be
used by the WRA without first obtaining approval from the WRA director.
Sec.204-115.Inspection,sampling and recordkeeping authorlty.
Under this division,users shall be deemed to have given the following authorities to the WRA
and its operating contractor:
(l)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
40
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
ofreports and records of all information as required in 40 CFR403.12(0)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 it operating contractor.This period
of retention shall be extended until the completion of any unresolved negotiation,hearing,or
litigation involving a purported violation.
Sec.204-116.Confidential documents,data and information.
(a)Except as provided in this section,documents,data and information obtained from user
reports,questionnaires,permit applications and inspections pursuant to this division shall be
made available to the public or other governmental agencies without restriction.If the user
specifically requests and is able to demonstrate that the release of such information would
divulge information concerning processes or methods of production entitled to protection under
law as trade secrets of the user or would give advantage to competitors and serve no public
purpose,the WRA director may determine that such information should be kept confidential and
not made available for public examination,but such information shall be available to the U.S.
Environmental Protection Agency or the Iowa department of natural resources.
(b)Decisions by the WRA director to deny confidential status for information may be
appealed using the procedures in section 204-117 of this division.In determining whether
information is confidential,the provisions ofLC.ch.22 shall prevail.
(c)Effluent data and enforcement actions by the WRA or its operating contractor will not be
considered confidential records or information,
Sec.204-117.Appeal of denial of confidential status.
(a)Any person aggrieved by the WRA director's decision to release information or data
obtained as provided in subsection 204-116(a)of this division and who can demonstrate a direct
and substantial interest in the information or data sought to be kept confidential may appeal the
WRA director's decision.A request for appeal shall be filed in writing with the WRA director
not less than five days after the WRA director's decision to deny confidential status to such
information or data.The appeal request shall include a statement of the basis upon which the
request for confidential status is made,as well as the appealing party's interest in the information
or data sought to be kept confidential.The WRA director may request additional information
from the appealing party.
41
(b)Based upon the information provided by the appealing party,the WRA director shall
make a determination with respect to the confidentiality of the information or data at issue.The
WRA director shall notify the parties,in writing,of the WRA director's decision within 7 days
after receipt of the appeal.
(c)If still aggrieved by the WRA director's determination on appeal,a party may file an
action in Polk County district court,seeking a declaratory ruling with respect to the
confidentiality of such documents,data and information,or seeking an injunction to prevent the
disclosure of same.
(d)During the pendency of an appeal to the WRA director,the documents,data or
information at issue shall be kept confidential.However,if during the pendency of such appeal,a
request for examination or copying of such documents,data or information is made of the WRA
or its operating contractor pursuant to I.e.ch.22,the WRA or its operating contractor will notify
the appealing patty of such request for disclosure and will keep confidential the requested
documents,data or information,pending action by the appealing party to defend its
confidentiality request.In that notification,the appealing patty requesting confidentiality will be
given not more than 5 calendar days within which to file suit in Polk County district court
seeking the entry of a declaratory order and/or injunction to protect and keep confidential such
documents,data or information.If the appealing party fails to initiate suit within the time
.requested,the WRA director shall release the documents,data or informational issue for public
examination.
(e)If during the pendency of such appeal,a lawsuit is initiated pursuant to I.C.ch.22
seeking the release of such documents,data or information,the appealing party shall take action
to defend its confidentiality request in said lawsuit.If the appealing party fails to defend its
confidentiality request in said suit,the WRA director shall release the docmnents,data or
information at issue for public examination.
Sees.204-118--204-145.Reserved.
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DIVISION 4.ENFORCEMENT OF INDUSTRIAL WASTEWATER REGULATIONS
Sec.204-146.Public notification ofsignificaut noncompliauce.
The WRA will annually publish,in the largest daily newspaper published in the WRA
community,a list of users who at any time during the previous 12 months were in significant
noncompliance as defined in section 204-147 of this division.
Sec.204-147.Significant noncompliance.
(a)Any violation of pretreatment requirements under this article (i.e.including but not
limited to those relating to limits,sampling,analysis,reporting,meeting compliance schedules,
and regulatory deadlines)is an instance of noncompliance for which the user is liable for
enforcement,including penalties and injunctive relief.Instances of significant noncompliance are
user violations which meet one or more of the following criteria:
(I)Violations of wastewater discharge limits as follows:
a.Chronic violations.Sixty-six percent or more ofthe measurements exceed
the same daily maximum limit or the same average limit in a six-month period
(any magnitude of ex ceeda nee).
b.Technical review criteria (TRC)violations.Thirty-three percent or more
of the measurements exceed the same daily maximum limit or the same average
limit by more than the TRC in a six-month period.(e.g.,limit x TRC =the point
at which a violation becomes a TRC violation).There are two groups ofTRCs as
follow:
Group I for conventional pollutants (BOD,TRC=1.4
TSS,FOG)
Group II for all other pollutants TRC =1.2
c.Any other violation of a wastewater discharge permit limit (average or
daily maximum)that the WRA director believes has caused,alone or in
combination with other discharges,interference,including slug loads,or pass
through or which endangers the health of City,WRA or operating contractor
personnel or the public.
d.Any discharge of a pollutant that has caused imminent endangerment to
human health/welfare or to the environment and has resulted in the WRA's
exercise of its emergency authority to halt or prevent such a discharge.
43
(2)Violations of compliance schedule milestones,contained in a wastewater
discharge permit or enforcement order,for starting construction,completing construction,
or attaining final compliance by 90 days or more after the schedule date.
(3)Failure to provide reports for compliance schedules,self-monitoring data,or any
other report required by the WRA within 45 days from the due date.
(4)Failure to accurately report noncompliance.
(5)Any other violation or group of violations,which may include a violation of Best
Management Practices that the WRA director considers to be significant.
(b)When a user is in significant noncompliance,the WRA director is directed to:
(1)Report the information to the Iowa Department of Natural Resources as part of
the annual pretreatment performance summary of permitted user noncompliance.
(2)Include the user in the annual public notification according to section 204-146 of
this division.
(3)Address significant noncompliance through appropriate enforcement actions or
document in a timely manner the reasons for withholding enforcement.
Sec.204-148.Administrative actions.
(a)The WRA director may issue a written notice to the user giving the specific nature of
violations which shall include the frequency,magnitude and impact of the violation upon the
POTW.The notice may also include the following:
(1)An order requiring a plan of action for preventing reoccurrence of the violation.
(2)An order requiring specific action for accomplishing remediation.
(3)An order requiring the user to respond in writing within 30 days.
(b)The WRA director is empowered to enter into consent orders,assurances of'voluntary
compliance,or other similar documents establishing an agreement with the user responsible for
any noncompliance.Such orders will include specific action to be taken by the user to correct
noncompliance within a time period specified by the order.
(c)The WRA director may issue enforceable orders or schedules to require compliance with
pretreatment standards including appropriate interim limits.Such orders and schedules may be
incorporated as a revision to an existing wastewater discharge permit and shall not require the
consent of the user.
44
Sec.204-149.Actions authorized.
(a)Where there has been noncompliance with any section of this article,the WRA director
may request the WRA operating contractor's attorney,or the attorney retained by the WRA for
that purpose,to bring an action in equity or at law to seek the issuance of a preliminary or
permanent injunction,or both,or such other relief as may be appropriate,to compel the user's
compliance with this article.
(b)In addition to other remedies provided under this section or other sections of this article,
in any action brought at the request of the WRA director to enforce this article,the WRA
operating contractor's attomey or the attorney retained by the WRA is authorized to seek to
recover all actual damages suffered by the City of Waukee or the WRA,including all actual
damages and losses related to costs of repair and remediation of the POTW,costs of
investigation and administration reasonably related to any particular violation and attorneys'fees.
Sec.204-150.Civil penalties.
(a)Each violation of any section of this article or of a permit issued under this article is
declared to be a municipal infraction.Each day that a violation of a section of this article
continues,and each day that a violation of a permit issued under this article continues,shall be
considered a separate municipal infraction,
(b)Any person who knowingly makes a false statement,representation or certification in any
application,record,report,plan or other document filed or required to be maintained pursuant to
this article or a wastewater discharge permit,or who falsifies,tampers with or knowingly renders
inaccurate any monitoring device or method required under this article,commits a municipal
infraction punishable by a civil penalty as hereafter provided in subsection (d)hereof.
(c)Any person who fails to perform an act required by the provisions of this article,or who
commits an act prohibited by the provisions of this article,commits an enviromnental violation
and shall be guilty of a municipal infraction,punishable by a civil penalty as provided by section
1-15.Violation of a pretreatment standard or requirement referred to in 40 CFR 403.8 is an
enviromnental violation punishable by a civil penalty as hereafter provided in subsection (d)
hereof.
(d)Whenever in this division any act is prohibited and is declared to be a municipal
infraction or whenever in this division the doing of any act is required and the failure to do that
act is declared to be a municipal infraction,the violation of any such provision shall be
punishable by a civil penalty of not more than $500.00 for each violation or,if the infraction is a
repeat offense,by a civil penalty of not more than $750.00 for each repeat offense.However,a
municipal infraction which is classified as an environmental violation or which arises from
noncompliance with a pretreatment standard or requirement,referred to in 40 CFR 403.8,by an
industrial user may be punishable by a civil penalty of not more than $1,000.00 for each day a
violation exists or continues.Each day a violation of a provision of this division continues shall
be considered a separate municipal infraction.
State law reference(s)--Authority for enhanced penalties in pretreatment violations,I.e.§
364.22(1).
45
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 $25,000.00.The user shall use a bond form prescribed by the
WRA.
Sec.204-152.Evocation of discharge permit;termination of sewer service.
(a)Grounds for revocation of discharge permit and/or for termination of sewer service.Any
user who violates this article,any condition of its wastewater discharge permit,or any of the
following is subject to having its discharge permit revoked and/or its sewer service terminated in
accordance with the procedures ofthis section:
(l)Failure to accurately report the wastewater constituents and characteristics of its
discharge.
(2)Failure of the user to report substantial changes in process activity or in volume or
character of pollutants being discharged into the POTW at least 90 days prior to such
change.
(3)Tampering with monitoring equipment.
(4)Refusal to allow reasonable access by WRA or operating contractor personnel to
the user's premises for the purpose of inspection,monitoring,or sampling.
(5)Violation of permit conditions.
(6)Failure to report an upset,failure,or bypass of the user's pretreatment facilities.
(7)Failure to pay fines,fees,or sewer user charges.
(8)Failure to follow enforcement orders or compliance schedules.
(9)Failure to correct a condition that impedes or alters the WRA's ability to monitor
the user's discharge or has the potential to cause interference or pass through.
(l0)Failure to obtain a wastewater discharge permit as required by this article after
notification by the WRA director that such permit is required.
(b)Procedure for revocation of discharge permit and for termination of sewer service.The
procedure for revocation of a discharge permit and termination of sewer service shall be as
follows:
46
(1)Any permit issued to a user pursuant to this article may be revoked,and sewer
service terminated,by written order ofthe WRA director,specifying the grounds for such
revocation and termination as outlined in subsection (a)of this section,which order shall
not take effect until hearing thereon as hereafter provided.Upon determining that
grounds exist for an order to revoke a user's discharge permit and terminate sewer
service,the WRA director shall cause a notice of hearing to be prepared,specifying the
violations of subsection (a)of this section which are deemed to have occurred,and the
time,date and place that such hearing will be held.The notice shall be sent to the user by
regular mail addressed to the user's address listed on the wastewater discharge permit a
minimum of ten days prior to the date set for hearing,and shall be deemed delivered
when placed in the mail.
(2)Sewer service may be terminated by written order of the WRA director,
specifying the grounds for such revocation and termination as outlined in subsection
(a)(lO)of this section,which order shall not take effect until hearing thereon as hereafter
provided.Upon determining that grounds exist for an order to terminate sewer service,
the WRA director shall cause a notice of hearing to be prepared,specifying the violation
of subsection (a)(10)of this section which is deemed to have occurred,and the time,date
and place that such hearing will be held.The notice shall be sent to the user by regular
mail addressed to the user's address a minimum of ten days prior to the date set for
hearing,and shall be deemed delivered when placed in the mail.
(3)If after such a hearing the WRA director makes a finding based on substantial
evidence that violations under subsection (a)of this section have occurred as alleged,the
director may issue an order immediately revoking the permit,if a permit had previously
been issued,and terminating sewer service to the user's premises.The determination to
revoke such permit and terminate service shall be in the discretion of WRA director and
shall be dependent upon the circumstances surrounding the user's violations of subsection
(a)of this section and the severity of those violations.If the user does not appear for the
hearing,the WRA director shall issue the order revoking the discharge permit and/or
terminating sewer service,which shall take effect immediately.
(3)The decision and order of the WRA director to revoke the permit of a user may be
appealed to the WRA appeal committee.Such appeal request shall be in writing,shall
include the grounds for appeal including any factual findings which are disputed,and
shall be delivered to WRA not less than 10 days after the director's entry of the order of
revocation of permit and/or termination of sewer service.Such appeal request shall be
considered delivered when placed in the mail,return receipt requested,addressed to:
WRA Appeal Committee
%Des Moines Metropolitan Wastewater Reclamation Authority
3000 Vandalia Road
Des Moines,Iowa 50326
The chair ofthe 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 maj ority vote of the appeal committee.Ifthe appeal committee affirms the
47
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.
(6)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.
(7)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 $100.00
for WRA supervision.
(8)Any building at which sewer service is disconnected as herein provided shall be
inspected by the city building official and if appropriate shall be red-tagged as unfit for
human occupancy.
Sec.204-153.Reserved.
Sec.204-154.Reinstatement of service.
If service is severed pursuant to this division,the service may be reinstated in the following
manner:
(1)Upon payment to the WRA of any delinquency in full,supervision fee of$IOO.OO,
and an inspection by the WRA director to determine whether the original cause for
termination has been corrected,the WRA will issue a permit for reconnection of the
building service line to the POTW.Such reconnection costs,plus inspection fees for the
City in accordance with this Code,shall be at the sole expense of the user.
(2)Upon reconnection and payment of all costs described in subsection (I)of this
section,the city through its agents,shall remove the red tag from the building,and the
building shall,so far as the city is concerned,be fit for human occupancy.
Sec.204-155.Emergency disconnection of service.
(a)Conditions for immediate disconnection of service.The WRA director may,after
informal notice,suspend the wastewater discharge permit of,and sewer service to,a user
whenever such suspension is necessary in order to stop an actual or threatened discharge
presenting or causing an imminent or substantial endangerment to the health or welfare of
persons,the POTW,or the environment.
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(b)Procedure for immediate disconnection.The procedure for immediate disconnection shall
be as follows:
(1)When the WRA director determines that a discharge as described in subsection (a)
of this section exists,an oral order shall be issued,followed immediately by a written
order,to the user stating the problem and requiring immediate cessation of the discharge.
A user orally notified of a suspension of its wastewater permit or sewer service shall
immediately stop or eliminate all discharges.If a user fails to immediately and
voluntarily comply with the suspension order,the WRA director shall take immediate
action to eliminate the discharge,including disconnection from the POTW.Methods of
informal notice to a user shall include but not be limited to any ofthe following:personal
conversations between user and personnel or the WRA or its operating contractor,
telephone calls,letters,hand-delivered messages or notices posted at the user's premises
or point of discharge.
(2)A user responsible,in whole or in part,for imminent endangerment shall submit
to the WRA director,prior to the hearing described in subsection 204-152(b)of this
division,a detailed written report describing the causes of the endangerment and the
measures taken to prevent any future occurrence.
Sec.204-156.Elimination of discharge;reinstatement of permit.
A user notified by the WRA director of revocation of its discharge permit and/or disconnection
of its sewer service under section 204-152 or 204-155 of this division shall immediately cease
discharging wastewater to the POTW.If the user fails to comply voluntarily with the revocation
and/or disconnection order,the city shall take such steps as are deemed necessary by the WRA,
including immediate severance of the sewer connection.The WRA director shall reinstate the
wastewater discharge permit or the sewer service upon proof ofthe elimination of the non-
complying discharge.
Sec.204-157.Additional remedies.
(a)In addition to remedies available to the WRA set forth elsewhere in this article,ifthe
WRA is fined by the Iowa department of natural resources or the U.S.Environmental
Protection Agency for violations of the National Pollutant Discharge Elimination System
permit for the WRF,or for violations of water quality standards as the result of a
discharge of pollutants by an identifiable user,the fine,and all legal,sampling,analytical
testing costs and any other related costs,shall be charged to the responsible user.Such
charge shall be in addition to any other remedies the WRA may have under this article at
law or in equity.
(b)If the discharge from any user results in a deposit,obstruction,damage or other
impairment to the POTW,the user shall become liable to the city and/or the WRA for
any expense,loss,or damage caused by the violations or discharge.The WRA may add
to the user's charges and fees the costs incurred by the WRA and by the city for any
cleaning,repair,or replacement work caused by the violations or discharge.
49
(c)The remedies provided in this article shall not be exclusive,and the WRA may seek
whatever other remedies are authorized by statute,at law or in equity against any persons
violating this article.
(d)In addition to any other remedies provided in this article,the City and/or the WRA may
initiate an action,either in law or in equity,to obtain an injunction against further
violations of this article and for judgment for all costs incurred by the City and/or the
WRA occasioned by the user's violation of any requirements of this article.
Sec.204-158.Notices to the WRA,the WRA board,the WRA director or the WRA
steering committee.
Notices which are required to be given or which may be given to the WRA,the WRA board,the
WRA director or the WRA appeal committee,as provided in divisions 2 through 4 of this article,
shall be mailed to such entity,body or person at the following address:
%Des Moines Metropolitan Wastewater Reclamation Authority
Des Moines Wastewater Reclamation Facility
3000 Vandalia Road
Des Moines,Iowa 50317
Sees.204-159--204-185.Reserved.
I
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DIVISION 5.REGULATION OF FAT,OIL AND GREASE
DISCHARGE BY FOOD SERVICE ESTABLISHMENTS.
Sec.204-186 Purpose.
The purpose of this section shall be to aid in the prevention of sanitary sewer blockages and
obstructions from contribution and accumulation of Fat,Oil,and Grease (FOG)into the POTW.
Such discharges from commercial kitchens,restaurants,food processing facilities and all other
establishments,where Fat,Oil and Grease (FOG)of vegetable or animal origin are discharged
directly or indirectly into the POTW,can contribute to line blockages and/or spills in violation of
Title 40,Code of Federal Regulations (40 CFR),Part 403.
Sec 204-187 Definitions.
The definitions found in section 204-316 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
meanmg:
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 ofthe State.For purposes of this division,best management practices
include procedures and practices that reduce the discharge of fat,oil and grease (FOG)to the
building sewer,to the City sanitary sewer system and to the POTW.
Design liquid depth means the maximum depth ofliquid 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,school,hospital,prison,correctional
facility,care institution or similar facility.
Grease interceptor means a tank that serves one or more fixtures and is remotely located.
Grease interceptors include,but are not limited to,tanks that capture wastewater from
dishwashers,garbage disposals,floor drains,pot and pan sinks and trenches as allowed by local
plumbing codes.For purposes of this ordinance,a grease interceptor is a multi-compartment
tank located underground outside of a building that reduces the amount of FOG in wastewater
prior to its discharge into the POTW.
Grease trap means a device designed to retain grease from one to a maximum of four fixtures.
Not all grease traps are approved by the manufacturer for use on heated water (e.g.,dishwasher)
51
or in-line to a waste disposal unit (e.g.,garbage disposal and grinders).For purposes of this
ordinance,a grease trap is a small device located within a building.
Minimum design capability means the design features of a grease interceptor and its ability or
volume required to effectively intercept and retain greases from grease-laden wastewaters
discharged to the POTW.
Non-routine inspection means an impromptu,unscheduled inspection of an FSE made without
prior notification or arrangement,
Routine inspection means an inspection of an FSE which is scheduled in advance or according to
a pre-arranged schedule.
User as used in this division has the same meaning as the definition in section 204-316,but also
includes persons who discharge wastewater to the POTW from mobile sources,such as mobile
food vendors.
Sec.204-188 Effective date of FOG regulations.
The provisions of this division shall be effective on and after February 26,2007.
Sec.204-189 Grease interceptor installation required after effective date.
The owner or operator of a building or facility likely to discharge FOG to the POTW,including
FSEs,shall be required to install an approved grease interceptor,and to thereafter operate and
maintain same as provided in this division,if:
(a)The building or facility is proposed or constructed after the effective date;or
(b)The building or facility exists on the effective date and is thereafter expanded or
renovated to include an FSE where such FSE did not previously exist;or
(c)An FSE within a building or facility exists on the effective date and application is
thereafter made for a building permit for the facility with valuation of $50,000 or more;or
Sec.204-190 Exemption from grease interceptor installation requirement.
A building or facility within which an FSE is in existence on the effective date shall be exempt
from the requirement to install a grease interceptor if:
(a)The FSE has an existing grease interceptor or grease trap in place as of the effective date
and provided that (1)the owner or occupant of the FSE continues to use the interceptor or trap,
(2)the interceptor or trap is of sufficient capacity and design,and (3)the interceptor or trap is
operated and maintained so as to comply with FOG discharge limits.
(b)Repair,remodeling or renovation of the wastewater plumbing system in an existing FSE
involves only (1)the repair of leaks or the clearing of stoppages in drains,soil,waste or vent
piping,or (2)the removal and reinstallation of a sink,toilet or hot water heater;provided that
52
such work does not involve replacement,rearrangement or moving of wastewater valves,traps or
pipes.
Sec 204-191 Compliance procedures.
(a)After the effective date,any permitted construction under Section 204-189 shall be
deemed compliant upon issuance of a certificate of compliance or certificate of occupancy for
such construction by the city building official or designee.
(b)Any existing building or facility shall be deemed compliant,unless the WRA director or
local building official or designee determines that an existing grease trap or grease interceptor is
incapable of adequately retaining FOG.In such cases,the Director may order the FSE to install
an adequate grease interceptor within a specified time period if:
1)the FSE is found to contribute FOG in quantities above FOG discharge limits;or
2)the FSE discharges necessitate increased maintenance on the publicly owned
treatment works (POTW)in order to keep stoppages from occurring therein;or
3)the FSE's discharge to the POTW is at anytime determined to exceed four
hundred (400)mgll total FOG.
(c)An order directing an existing FSE to install a grease interceptor shall be in writing from
the WRA Director in the Iorm of a notice of violation including a corrective action order,as
provided in section 204-198 of this division.
(d)FSEs which are unable to install or replace a grease interceptor due to exceptional
physical constraints or economic hardship may appeal to the WRA director for approval of an
alternative grease control technology by requesting a hearing in accordance with the provisions
of this division.Such requests shall be submitted in writing and shall include detailed
descriptions of the FSE's physical or financial constraints and the alternative grease control
technology which it proposes to install and utilize.
1)In order to demonstrate exceptional economic hardship,the owner or operator of
the FSE shall submit to the WRA director balance sheets and profit and loss statements
for FSE for the preceding three years.Each request shall be evaluated on a case-by-case
basis.
2)Notwithstanding approval of alternative grease control technology,when the
WRA director determines that such alternative is not performing adequately,the FSE
shall be required to take additional grease control measures,which may include the
installation of a grease interceptor.
3)In order to demonstrate exceptional physical site constraints preventing the
installation of a grease interceptor,the owner or operator of the FSE shall submit to the
WRA director documentation and plats showing the location of city sanitary sewer and
any private easements in relation to the building sewer for the building housing the FSE,
and showing available space inside or outside the building and drawings of existing
plumbing at or in a site that uses common plumbing for all services at that site.
53
Sec.204-192 Installation of grease interceptors and grease traps.
Grease interceptors and grease traps,when required,shall be installed as follows:
I)Grease interceptors and grease traps shall be installed at the expense of the owner
or operator of the roSE which is contributing wastewater to the POTW,
2)All wastewater streams containing FOG within FSEs,restaurants,commercial
kitchens or other FOG generating buildings and facilities shall be directed into an
appropriately sized grease interceptor before discharge to the POTW.
3)Grease interceptors shall be designed,constructed,and 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,
4)The building official or other designated official of the governmental subdivision
within which the FSE is located shall inspect each grease interceptor installation made
pursuant to this division,shall review all relevant information regarding the rated
performance of the grease interceptor,and the building plan and facility site plan for the
building and site where the grease interceptor has been installed,and shall approve such
grease interceptor installation upon determination that the grease interceptor meets all
applicable standards and requirements.
5)Grease interceptors shall have a minimum capacity of one thousand (1000)
gallons and shall not exceed three thousand (3000)gallons for a single unit.Where a
capacity greater than three thousand (3000)gallons is required,several smaller units shall
be installed in series.
6)Grease interceptors shall be installed outside the building housing the FSE and
below surface grade,and shall have access manholes,with a minimum diameter of
twenty-four (24)inches,over each chamber and sanitary tee.Access manholes shall
extend from the grease interceptor to at least the finished surface grade and be designed
and maintained to prevent storm or surface water inflow and groundwater infiltration.
The manholes shall also have readily removable covers to facilitate inspection and grease
removal.
7)Sewer lines which are not grease laden,which are not likely to contain FOG,or
which contain sanitary wastes shall not be connected to a grease interceptor.
8)Grease interceptors shall be equipped with an accessible discharge sampling port
with a minimum six (6)inch diameter,which shall extend from the grease interceptor to
at least the finished surface grade.
9)Where grease interceptors are shared by more than one FSE,the building owner
shall be the responsible party for record keeping and cleaning of the interceptor.
Sec.204-193 Operation,maintenance and cleaning of grease interceptors.
(a)The owner or operator of an FSE which is required to pass wastewater through a grease
interceptor shall operate and maintain the grease interceptor so that wastewater exiting the grease
interceptor shall not exceed four hundred (400)milligrams per liter of FOG.
(b)The owner or operator of the FSE shall cause the grease interceptor to be cleaned as
hereinafter required when FOG and solids reach 25%of the design liquid level of the grease
interceptor,or sooner if necessary to prevent carry over of grease from the grease interceptor into
54
the City sanitary sewer system.Interceptors 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 obtained a waste hauler's license and has
completed to the satisfaction of the WRA director the course of training offered by the WRA in
the cleaning of grease interceptors,such person or persons may clean the grease interceptor.
Alternatively,the owner or operator of an FSE may employ a waste hauler licensed by the WRA
pursuant to division 6 of this article to clean the grease interceptor,provided that the waste
hauler personnel performing the grease interceptor cleaning has satisfactorily completed a course
of training on grease interceptor cleaning offered by the WRA.
(c)Any person who cleans a grease interceptor shall do so in accordance with the following
procedures and requirements.The person cleaning the grease interceptor shall:
1)Completely empty and remove the contents (liquids and sludge)of all vaults of
the grease interceptor,and remove the grease mat and scrapings from the interior walls.
2)Not deposit waste and wastewater removed from a grease interceptor back into
the grease interceptor from which the waste or wastewater was removed or into any other
grease interceptor,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 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 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 shall not be discharged to any private
sanitary or storm sewer or to the City sanitary or storm sewer system.
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.
If grease interceptor cleaning is performed by a licensed waste hauler,the owner or operator of
the FSE shall witness all cleaning/maintenance activities to verify that the grease interceptor is
being fully cleaned and properly maintained according to the requirements of this section or
Section 204-193.The waste hauler shall provide a copy ofthe disposal receipt for all waste and
wastewater removed from a grease interceptor to the owner or operator of the FSE.
As part of each cleaning of a grease interceptor,the owner or operator of the FSE,or the licensed
waste hauler employed by the owner or operator,shall perform the following maintenance
activities
1)Check that the sanitary "tees"on the inlet and outlet sides of the grease interceptor are
not obstructed,loose,or missing.
55
2)Verify that the baffle is secure and in place.
3)Inspect the grease interceptor for any cracks or other defects.
4)Check that lids are securely and properly seated after completion of cleaning.
(c)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.
Sec.204-194 Records and record keeping.
(a)Required Records.The owner or operator of an FSE which is required to pass
wastewater through a grease interceptor or trap shall maintain a written record of grease
interceptor or trap maintenance,including a log showing the dates upon which the grease
interceptor or trap was inspected and the estimated amount of FOG present in the grease
interceptor or trap at each inspection,the date upon which waste and wastewater was removed
from the grease interceptor or trap and disposed of,and the location and means of such disposal
of waste and wastewater,and the name and employer or the person or persons performing each
of said tasks.The log shall further include a record of the placement of any approved or
unapproved additive into the grease interceptor,grease trap or building sewer on a constant,
regular or scheduled basis,including the type and amount of additive placed on each such
occasion.Only additives approved by the WRA director pursuant to section 204-193 (c)(3)may
be used in a grease interceptor.
(b)Record Keeping.The log shall at all times be kept and maintained on a day-to-day basis,
so as to show a record of waste and wastewater removal,waste and wastewater disposal and
approved additive placement for a continuous period of three (3)years.All such records shall be
kept secure at the premises of the FSE for a continuous period of three years and shall be made
available for non-routine inspection by the City,the WRA and its operating contractor,or the
employees and agents of any of them at any time during normal business hours.
Sec.204-195.Inspection of grease interceptors and related sewers and equipment.
The owner or operator of an FSE which is required to pass its wastewater through a grease
interceptor shall:
I)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
56
of inspection,observation,measurement,sampling,testing or record review,in accordance witb
this division.
3)Shall,upon request by the WRA director's authorized representative,open any grease
interceptor for the purpose of confirming tbat maintenance frequency is appropriate,that all
necessary parts of the installation are in place,including but not limited to,baffles influent and
effluent tees,and that all grease interceptors 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 tbis
division and when blockages occur in the city's sanitary sewer system downstream ofthe FSE.
Sec.204-196.Inspection Fees.
The fees for inspection of an FSE shall be as provided in section 204-72.
Sec.204-197.Enforcement.
The WRA director is authorized to enforce this division as hereinafter provided.The city
building official or designee,or such otber governmental official hereafter designated by the
WRA,is also authorized to enforce this division.
Sec.204-198.Notice of violation -administrative penalties -corrective action order.
(a)The director,or such other designated officers or officials with enforcement autbority 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 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.
(b)The administrative penalty for such violations shall be as provided in tbe schedule of
administrative penalties adopted by the city council by resolution.
(c)Notice of violation,with the applicable penalty for such violation noted thereon,shall be
issued to and served upon the violator.Service of the notice may be by regnlar mail or by
delivery in person.
57
(d)Penalties assessed pursuant to notice of violation shall be paid by the violator in full as
directed in the notice within thirty (30)days of its issuance.
(e)The administrative penalties set out in the schedule of administrative penalties shall be
charged in lieu of the fines and penalties provided for in section 204-199,unless the violator
refuses to correct the violation and pay the scheduled administrative penalty,or the WRA
director determines that immediate enforcement action by misdemeanor or municipal infraction
prosecution is,in view of the particular circumstances of the case,necessary to achieve
compliance with the requirements of this article.A record of all violations,administrative
penalties charged or other enforcement actions taken shall be maintained by the WRA for a
period of three years.
Sec.204-199 Penalties.
(a)Any person who fails to perform an act required by this division or who commits an act
prohibited by this division shall be guilty of a misdemeanor punishable by fine or imprisonment
or shall be guilty of a municipal infraction punishable by a civil penalty.
(b)Any person who fails to comply with a pretreatment standard applicable to an FSE shall
be guilty of a municipal infraction punishable by a civil penalty of not more than one thousand
dollars for each day the violation exists or continues,as provided by section 364.22 of the Iowa
Code.
(c)When enforcement is sought through a municipal infraction proceeding,the director,or
such other designated officers or officials with enforcement authority as provided in section 204-
197,may enter into consent orders,assurances of voluntary compliance or other similar
documents establishing an agreement with the user responsible for noncompliance.Such orders
will include specific action to be taken by the user to correct the noncompliance within a time
period specified by the order.
J
Sec.204-200 Order to cease operation of FSE
(a)Where a violation of this division has not been timely corrected,and results in or
threatens interference or pass through as herein defined,the WRA director,or such other
designated officers or officials with enforcement authority as provided in section 204-197,shall
have the authority to issue an order in writing to the owner or operator of the FSE,ordering such
person or persons to cease and desist from further operation of the FSE and from further
discharge of wastewater to the sanitary sewer system.The order shall be delivered by personal
service unless the owner or operator cannot be found within the City,in which event notice shall
be by ordinary mail addressed to the owner's or operator's last known address and by posting a
copy ofthe notice in a conspicuous place upon the premises of the FSE.
(b)Operation of the FSE shall cease on the date stated in the order and shall not recommence
without the prior written approval of the WRA director.I(c)The applicant may make a written request to the director for a reconsideration and
hearing on the cease and desist order within ten (10)days from the issuance of the order,
provided,however,that operation of the FSE shall cease pending the outcome ofthe hearing.
58
(d)The owner's or operator's request for hearing shall identify the appealing party,include
the address of the person requesting the hearing and to which all further notices shall be mailed
or served,and shall state the basis for the appeal.
(e)The hearing shall be scheduled to be held as soon as practicable and no later than
fourteen (14)days after the request for hearing was filed with the WRA director.The person
requesting the hearing shall be notified in writing or by telephone of the date and place of such
hearing at least three (3)days in advance thereof.At such hearing the director and the person
requesting the hearing may be represented by counsel,examine witnesses,and present evidence
as necessary.
(f)The determination by the director or by that the violation occurred shall be considered a
final administrative decision,unless appealed to the WRA.
Sec 204-201 Appeal of corrective action order or cease and desist order.
(a)Any person aggrieved by a corrective action order or a cease and desist order issued by
the WRA director or by such other designated officers or officials with enforcement authority as
provided in section 204-197,may,file an appeal and request a ruling that such order be modified
or rescinded.
(b)Such appeal request shall be in writing,shall include the grounds for appeal including
any factual findings which are disputed,and shall be delivered to the WRA not less than 10 days
after the WRA director's issuance of the order.Such appeal request shall be considered delivered
when placed in the mail,return receipt requested,addressed to:
WRA Appeal Committee
%Des Moines Metropolitan Wastewater Reclamation Authority
3000 Vandalia Road
Des Moines,Iowa 50326
(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 ofthe director and shall so state and order in its written decision.
Sec.204-202 Additional remedies.
The WRA or the City is not precluded from seeking alternative relief from the court,including
an order for abatement or injunctive relief or for recovery of investigational or remedial costs
resulting from a non-complying discharge,in the event that the WRA or the City files a
misdemeanor citation,notice of administrative penalty,and/or files a municipal infraction for the
same violation of this division.
Sees.204-203 -204-210.Reserved.
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DIVISION 6.REGULATION OF HAULED WASTE ISec.204-211.Definitions.
The definitions found in sections 204-316 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 device equipped with a tank and used to remove or transport waste.
Waste means human excreta,water,scum,sludge,septage,and food waste or grease
solids removed from public and private wastewater disposal systems,holding tanks,impervious
vaults,portable or chemical toilets,or from devices used to trap grease resulting from food
preparation.Waste also means liquid wastes resulting from spill clean-up.
Sec.204-212.License.
No waste hauler shall remove waste from within the corporate limits of the city or shall
dispose of waste,whether from a source inside or outside the corporate limits,into the POTW
without first obtaining a waste hauler license from the WRA,with the following exceptions:
(l)WRA participating communities that operate vehicles to remove waste from
municipal sewer systems.
(2)Waste haulers hired by WRA participating communities to remove waste from
municipal sewer systems and which bring no other wastes to the WRF.
(3)Waste haulers utilized by industrial users issued a wastewater discharge permit by
theWRA.
(4)Waste haulers granted temporary authorization by the WRA director in order to
deal with an emergency.
Sec.204-213.Issuance of license.
The waste hauler's license shall be issued by the WRA director upon written application
that shall consist of the following minimum requirements:
(1)Inspection.The WRA director,upon application,shall inspect the trucks,hoses,
valves,and associated equipment of the applicant for a waste hauler's license and
determine if they meet the minimum qualifications for complying with the
conditions of this division.
(2)License fee and bond.An application shall require the payment of a fee of $60.00
for each vehicle used by the applicant and the posting of a bond with reasonable
surety in the penal sum of $10,000.00 for the faithful compliance with this
division,including prompt payment of fees,fines and damages.WRA
participating communities that contract with waste haulers in order to clean and
rehabilitate storm and sanitary sewers owned by the community or that own and
operate waste hauling vehicles may provide proof of self-insurance or provide a
letter guaranteeing payment of up to $10,000.00 in lieu of providing a surety
bond.
(3)Renewal.A waste hauler license shall expire on June 30 next after its issuance.
The renewal application must be made in the same manner as the initial
application and must be received by the director 30 days prior to expiration.
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Failure to apply 30 days prior to expiration may result in an interruption in the
license and the privileges of such license.
(4)Transferability.Waste hauler licenses are not transferable.
Sec.204-214.Standards for vehicles and equipment.
As to all vehicles and equipment used by a waste hauler,the licensee shall:
(I)Prevent waste and wastewater from leaking,spilling,or discharging onto roads or
rights-of-way.
(2)Ensure proper construction and repair ofthe equipment to allow cleaning.
(3)Maintain vehicles and equipment in an essentially rust free and sanitary condition
and appearance.
(4)Display the business name as it appears on the waste hauler license in three-inch
or larger letters on the left and right sides of the vehicle.
Sec.204-215.Disposal.
Hauled waste shall only be disposed at the WRF at the designated disposal station or as
authorized by the Iowa Department of Natural Resources for land application.Waste haulers
shall maintain the WRF designated disposal location in a clean and orderly condition to avoid
noxious odors and unsauitary conditions.Hours of operation at the WRF disposal station shall
be set by the WRA director.In the event of emergency situations,special arrangements between
the waste hauler and the WRA director regarding disposal at an alternative disposal site shall be
allowed to permit response to such emergency.Any violation of an Iowa Department of Natural
Resources rule or regulation for land disposal of hauled wastes by a waste hauler shall be
grounds for rejection of a hauled waste load in section 204-219 by such waste hauler or shall be
grounds for denial,suspension and revocation of such waste hauler's license in section 204-224.
Sec.204-216.Identification of source.
Waste haulers must document the nature and origin of wastes collected and the site and
method of disposal for wastes that are removed from City locations or are delivered to the WRF.
Such information shall be provided on a manifest form provided by the WRA director.The
manifest shall also include:(i)the name,address and phone number of the waste generator,(ii)
the type of waste collected,(iii)the approximate volume of the load,(iv)any other information
consistent with identification and tracking of wastes.The WRA director or his or her designee
shall have the right to verify all information required by this section,including the right to
measure,sample and analyze any waste regulated by this division.The waste hauler shall obtain
approval from the WRA director or his or her designee prior to loading wastes originating from
an industrial/commercial source unless prior approval is on record with the WRA.
Sec.204-217.Mixing wastes.
(a)For the purposes of this division,wastes from residential and nonresidential sources shall
not be mixed.Wastes from an industrial/commercial source shall not be mixed with
wastes of any type from another location.Portable toilet and FSE grease trap wastes may
be mixed with similar wastes from different locations.Residential wastes from several
sources may be mixed as long as each source is identified.
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(b)Any tanks or equipment used for hauling waste to the WRF shall not be used for hauling
hazardous wastes or hazardous substances,as defined in I.C.§567.1 et seq.,chapter 131
of the Iowa Administrative Code and in 40 CFR 261,or other wastes detrimental to the
WRF.
Sec.204-218.Standards of disposal at WRF.
Under this division,disposal of wastes at the WRF shall be carried out in accordance with
pretreatment standards and requirements established by federal,state,county and city
governments including categorical standards developed for the waste generator's industrial
category.The WRA director may reject wastes from waste haulers who do not comply with this
section or with any other section of this division.Waste haulers shall not deliver wastes to the
WRF,or to any other disposal location approved by the WRA director which are:
(1)Prohibited by section 204-62 or exceed the limits found in subsection 204-63(c)
(4),sections 204-64 and 204-65 of this chapter.
(2)Hazardous wastes or hazardous substances as defined in 40 CFR Part 261 or 567
lAC.,Chapter 131.
(3)Originate from mineral oil and grease traps unless first treated to remove the oil
and grease.
(4)Not completely identified or are from industrial!commercial sources that are not
approved by the director as required in section 204-216.
(5)Mixed in a manner prohibited in section 204-217.
(6)Wastes other than residential from outside the WRA,except through requests to
the director.
Sec.204-219.Rejection of waste loads.
(a)The WRA director may reject any hauled waste load that violates or is suspected of
violating the requirements of this division or that fails to meet any other guidelines
established by the WRA director to protect personnel,equipment,and the WRF.Waste
haulers must:
(1)Remove rejected waste from the WRF.
(2)Immediately remove any additional wastes contaminated by the rejected waste
while contained at the WRF prior to introduction into the sewer.
(3)Properly dispose of all rejected wastes in accordance with state and federal law.
(4)Provide the WRA director with a written statement,signed by the waste hauler
license holder,stating the location,date,and time the rejected load was disposed
of.The statement is due within five calendar days after the waste is rej ected.
(b)A vehicle used to haul rej ected wastes shall not thereafter be allowed to dispose of
additional wastes at the WRF until the statement required by this section is delivered to
the WRA director.
Sec.204-220.Treatment fees for hauled wastes.
(a)A treatment fee shall be charged per pound of hauled waste received at the WRF for all
wastes originating within WRA participating communities which are treated through the
headwork's at the WRF using all treatment processes at the WRF,which fee shall be
equal to the cost of disposal and treatment of an equivalent volume and mass of
I
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pollutants otherwise delivered into the POTW.The treatment fee shall include:(1)the
volume charge component,(2)a treatment surcharge component for each pollutant as
found in section 204-72 of this division,and (3)a program cost component.The program
cost component shall be calculated by dividing the annual administrative costs of the
waste hauler program by the total gallons of hauled waste treated in the previous calendar
year.The surcharge component shall be calculated using the average concentration of
pollutants found in hauled wastes delivered to the wastewater reclamation facility.The
treatment surcharge and program cost components shall be reviewed and updated
annually based on the most recent data collected by the operating agency.The treatment
fee for loads originating outside the corporate limits of the WRA participating
communities shall be 1.5 times the fee for loads originating within the WRA participating
communities.
(b)A treatment fee shall be charged for hauled wastes originating within the corporate limits
of the WRA participating communities which are treated using only a portion of the
treatment processes at the WRF,which fee shall be calculated to recover the cost of
treatment.The cost of treatment shall include electrical,chemical,personnel,and any
capital costs associated with the treatment processes utilized,and a program cost
component which shall be calculated by dividing the annual administrative costs of the
waste hauler program associated with partial process treatment by the total gallons of
hauled waste treated using only a portion of the treatment processes in the previous
calendar year.Treatment costs shall be reviewed and updated annually based on the most
recent data collected by the operating agency.The treatment fee for loads originating
outside the corporate limits of the WRA participating communities shall be 1.5 times the
fee for loads originating within the WRA participating communities.
(c)Fees shall be computed and recorded at the disposal station and shall be paid by the waste
hauler on the basis of monthly billings by the operating contractor.Limits of credit shall
not exceed 60 days.Abuse of such credit shall be grounds for liability on the waste
hauler's bond and for refusal of disposal services to any waste hauler under this division.
(d)Waste haulers may elect to have their loads tested for actual concentration at their
expense as set out in section 204-72.When a waste hauler has elected to have loads
tested for actual concentration,the treatment fee will be based on the actual concentration
whether it is higher or lower than the average concentration treatment fee.Said testing
will be done at least once a month or more often as required by the WRA director.
Sec.204-221.Enforcement.
The WRA director,the city building official or such other governmental official hereafter
designated by the WRA,shall be authorized to enforce this division as hereinafter provided.
Sec.204-222.Notice of violation -administrative penalties -corrective action order.
(a)The director,or such other designated officers or officials with enforcement authority as
provided in section 204-221,are authorized to issue a notice of violation imposing an
administrative penalty upon any person who fails to perform an act required by this
division or who commits an act prohibited by this division.
(b)The administrative penalty for such violations shall be as provided in the schedule of
administrative penalties adopted by the city council by resolution.
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(c)Notice of violation,with the applicable penalty for such violation noted thereon,shall be
issued to and served upon the violator.Service of the notice may be by regular mail or
by delivery in person.
(d)Penalties assessed pursuant to notice of violation shall be paid by the violator in full as
directed in the notice within thirty (30)days of its issuance.
(e)The administrative penalties set out in the schedule of administrative penalties shall be
charged in lieu of the fines and penalties provided for in section 204-223,unless the
violator refuses to correct the violation and pay the scheduled administrative penalty,or
the WRA director determines that immediate enforcement action by misdemeanor or
municipal infraction prosecution is,in view of the particular circumstances of the case,
necessary to achieve compliance with the requirements of this article.The WRA shall
maintain a record of all violations,administrative penalties charged or other enforcement
actions taken.
Sec.204-223 Penalties.
(a)Any person who fails to perform an act required by this division or who commits an act
prohibited by this division shall be guilty of a misdemeanor punishable by fine or
imprisonment or shall be guilty of a municipal infraction punishable by a civil penalty.
(b)Any person who violates a discharge prohibition set forth in section 204-62,or discharges
in excess oflocallimits as set forth in section 204-63,shall be guilty of an environmental
violation punishable as provided by section 364.22 of the Iowa Code.
Sec.204-224.Denial,suspension and revocation of license.
(a)Grounds for denial,suspension or revocation of waste haulers license.The WRA
director may deny,suspend or revoke the waste hauler license of any waste hauler who
violates any provision of this division or any condition of its license,or who commits any
of the following violations,or who does not meet the following requirements:
(1)Violation of any term,condition or requirement of this division,the license,or
applicable state ofIowa or federal laws or regulations.
(2)Obtaining a license by misrepresentation.
(3)Falsification of,failure to complete or failure to fully disclose all relevant facts in
a license application.
(4)Failure to pay fees,administrative penalties or fines.
(5)Failure to report a spill to the WRA.
(6)Using wash down water or otherwise diluting the permitted waste for the purpose
of meeting discharge limitations or requirements.
(7)Falsification of,failure to complete or failure to fully disclose all relevant facts in
any report,manifest information or record required by the license or this division.
(8)Tampering with samples or sampling equipment intended to accurately reflect the
contents of each hauled waste load.
(9)Refusing to allow WRA personnel timely access to the waste hauler'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 after notice by the
WRA Director.
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(12)Failure to immediately correct any violation of this division if the condition
constituting the violation is declared a threat to public health,safety or welfare by
the WRA director and the director orders immediate correction.
(b)Procedure for denial,suspension or revocation of waste hauler's license.The procedure
for denial,suspension or revocation of a waste hauler's license shall be as follows:
(1)Any license issued to a waste hauler 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 waste hauler'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 waste hauler by regular mail addressed to the waste
hauler's address listed on the waste hauler's license a minimum of ten days prior
to the date set for hearing,and shall be deemed delivered when placed in the mail.
(2)If after such a hearing the WRA director makes a finding based on substantial
evidence that one or more violations under subsection (a)of this section have
occurred as alleged,the director may deny issuance of the license,suspend the
license for a fixed period,or may issue an order inunediately revoking the license
and ordering the waste hauler 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 waste hauler does not appear for the hearing,the director
shall issue the order revoking the waste hauler'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 inunediately.
(3)The decision and order of the WRA director to deny issuance,to suspend or to
revoke the license of a waste hauler may be appealed to the WRA appeal
conunittee.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 50326
The chair of the appeal conunittee shall schedule the appeal and shall cause notice
of the time,date and place of the hearing to be mailed to the appealing waste
hauler.Such appeal shall be decided by majority vote of the appeal conunittee.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
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at the WRF or other approved locations,the appeal committee shall so state and
order in its written decision.
(4)A waste hauler whose license has been denied or revoked shall not be eligible for
issuance or reinstatement of its license until 30 days after the violating conditions have
been corrected to the satisfaction of the director.
Sec.204-225 Alternative Relief.
Neither the WRA nor the city is precluded from seeking alternative relief from the court,
including an order for abatement or injunctive relief,in the event that the WRA or the city files a
misdemeanor citation,notice of administrative penalty,and/or files a municipal infraction for the
same violation of this division,or in the event the WRA seeks to deny,suspend or revoke the
waste hauler's license.
Repealer.All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
hereby repealed.
Severability Clause.If any section,provision or part of this ordinance shall be adjudged invalid or
unconstitutional,such adjudication shall not affect the validity of the ordinance as a whole or any
section,provision,or part thereof not adjudged invalid or unconstitutional.
Effective Date
The provisions ofthis Ordinance shall become effective thirty (30)days after publication.
Passed by the Council the 26th day of February,2007,and approved this 26th day of February,
2007.
Attested:
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