HomeMy WebLinkAbout91-11-4697348
ORDINANCE NO. 91-11- Z16/ 7
AN ORDINANCE ABOLISHING CHAPTER 32, WATER AND SEWERS,
AND CREATING CHAPTER 33, SEWERS, OF THE CODE OF ORDINANCES OF THE
CITY OF PADUCAH, KENTUCKY
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
ARTICLE I. GENERAL PROVISIONS
rTl SECTION 1. Section 33-1, Purpose and Policy, is hereby
created to read as follows:
"This Ordinance sets forth uniform requirements for direct
and indirect contributors into the wastewater collection and
treatment system for the'City of Paducah and enables the
City to comply with all applicable State and Federal laws
required by the Clean Water Act of 1977 and the general
Pretreatment Regulations (40 CFR 403).
The
objectives to this Ordinance
are:
1.
To prevent the introduction
of pollutants into the
municipal wastewater system
which will interfere with
the operation of the system
or contaminate the
resulting sludge;
2.
To prevent the introduction
of pollutants into the
municipal wastewater system
which will pass through the
system, inadequately treated, into receiving waters or
the atmosphere or otherwise
be incompatible with the
system;
3.
To improve the opportunity
to recycle and reclaim waste
waters and sludges from the
system; and
LL� 4.
ToP rovide for equitable distribution
of the cost of
the municipal wastewater system.
This Ordinance provides for the regulation of direct and
indirect contributors to the municipal wastewater system
through the issuance of permits to certain non-domestic
users, ehfor(�ement of general requirements for all users,
authorizes munitoring and enforcement activities, requires
industrial user reporting, and provides for the setting of
fees for the equitable distribution of costs resulting from
the program established herein.
This Ordinance shall apply to the City of Paducah and to
persons outside the City who are, by contract or agreement
with the City, users of the City's Publicly Owned Treatment
Works (POTW). Except as otherwise provided herein, the
Director of the City POTW shall administer, implement and
enforce the provisions of this Ordinance."
SECTION 2. Section 33-2, Definitions, is hereby
created to read as follows:
"The following words and phrases, when used in this chapter,
shall, for the purpose of this chapter, have the meanings
respectively ascribed to them in this section:
Act. Federal Water Pollution Control Act (Public Law 92-500)
as amended by the Clean Water Act of 1977 (Public Law 95-
217).
Approval Authority. The Secretary of the Kentucky Natural
Resources and Environmental Protection Cabinet and/or any
authorized representative thereof.
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Authorized Representative. An authorized representative of a
user may be: (i) a principal executive officer of at least
the level of vice-president, if the industrial user is a
corporation, (ii) a general partner or proprietor if the
user is a partnership or proprietorship, respectively; (iii)
a duly authorized representative of the individual
designated above if such representative is responsible for
the overall operation of the facilities from which the
indirect discharge originates.
Available. As used in connection with this Ordinance means a
public sewer located at the property line or point at which
connection may be made with the City sanitary sewage
collection facilities.
BOD. (Biochemical Oxygen Demand) shall mean the quantity of
oxygen utilized in the biochemical oxidation of organic
matter under standard laboratory procedure in five (5) days
at twenty (20) degrees Centigrade expressed in parts per
million by weight.
Building Sewer. The extension from the building drain to the
public sewer or other place of disposal, also called "house
connection".
City. The City of Paducah.
Color. The "true color" due to the substances in solution
expressed in wave lengths of light.
Combined Sewer. Any conduit carrying both sanitary sewage
and storm water or surface water.
Commercial and Industrial Wastes. Wastes carried away from
commercial and industrial establishments, as distinguished
from ordinary sewage, and has particular reference, without
limiting the generality of the foregoing, to wastes
containing chemical or other substances which present
unusual problems and hazards necessitating supervision of
special treatment before introduction into the sewers.
Compatible Pollutant. Those pollutants contained in ordinary
sewage for which the POTW was specifically designed to
remove during the treatment process. Compatible pollutants
shall include and be limited to BOD, suspended solids
ammonia as nitrogen (NH3-N) and oil and grease from
vegetable oil and animal fat origin.
Control Authority. The term shall refer to the "Approval
Authority" defined hereinabove; or the Director of the City
of Paducah's Department of Environmental and Engineering
Services or his/her designee if the City has an approved
pretreatment program under the provisions of 40 CFR 403.11.
Corporation. An artificial person created by law as the
representative of those persons, natural or artificial, who
contribute to or become holders of shares in the property
entrusted to it for a common purpose.
County Health Department. The Health Department for
McCracken County. �3
Dilution Stream. Any wastewater not generated by a process
regulated for the specific pollutant by a categorical
standard under 40 CFR, Subchapter N.
Direct Discharge. The discharge of treated or untreated
waste waters directly to the waters of the Commonwealth of
Kentucky.
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Director. The City employee appointed by the City Manager to
supervise and manage the activities of the Department of
Environmental and Engineering Services or his authorized
agent or representative.
Environmental Protection Agency or EPA. The U.S.
Environmental Protection Agency, or where appropriate the
term may also be used as a designation for the administrator
or his/her duly authorized representative of said agency.
Federal Pretreatn�nt Standards. Federal Regulations for
pretreatment of industrial wastewater under 40 CFR,
Subchapter N and any applicable regulations, as amended.
Holding Tank Waste. Any waste from holding tanks such as
vessels, chemical toilets, campers, trailers, septic tanks
and vacuum -pump tank trucks.
Incompatible Pollutant. All pollutants other than compatible
pollutants as defined in this section.
Interference. The inhibition or disruption of the POTW
treatment processes or operations or which contributes to a
violation of any requirement of the City's NPDES/KPDES
permit. The term includes prevention of sewage sludge use
of disposal by the POTW in accordance with Section 405 of
the Act (33 U.S.C. 1345), or any criteria, guidelines or
regulations developed pursuant to the Solid Waste Disposal
Act (SWDA), the Clean Air Act, the Toxic Substances Control
Act, or more stringent state criteria (including those
contained in any state sludge management plan prepared
pursuant to Title IV of SWDA) applicable to the method of
disposal or use employed by the POTW.
�? Maximum Daily Concentration. The maximum concentration per
day of a pollutant based on the analytical results obtained
from a 24-hour composite sample or grab sample as
applicable.
May. This is permissive.
National Categorical Pretreatment Standard or Pretreatment
Standard. Any regulation containing -pollutant discharge
limits promulgated by the EPA in accordance with Section
307(b) and (c) of the Act (33 U.S.C. 1347) which applies to
a specific category of industrial users.
National (or Kentucky) Pollutant Discharge Elimination
System or NPDES/KPDES Permit. A permit issued pursuant to
Section 402 of the Act (33 USC 1332), or a permit issued by
the Commonwealth of Kentucky under this authority and
referred to as KPDES.
Natural Outlet. Any outlet, including storm sewers, into a
watercourse, pond, ditch, lake or other body of surface or
groundwater.
New Source. Any source, the construction of which is
commenced after the publication of proposed regulations
prescribing a Section 307(c) (33 USC 1317) categorical
pretreatment standard which will be applicable to such
source, if such standard is thereafter promulgated within
120 days of proposal in the Federal Register. Where the
standard is promulgated later than 120 days after proposal,
a new source means any source, the construction of which is
commenced after the date of promulgation of the standard.
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Operation and Maintenance (O & M). All annual operation and
maintenance expenses including replacement costs related
directly to operating and maintaining the sewage works as
shown by annual audit.
Ordinary Sewage or Ordinary Sewage Wastes. Those flowable
wastes which are comparable to wastes which ordinarily
originate in residential units and contain only human
excrement and wastes from kitchen, laundry, bathing, and
other household facilities. Such term also includes solid
food wastes from the preparation, cooking and disposing of
food, and from the handling, storage and sale of produce,
but only if such solid wastes have been ground or shredded
to such degree that all particles may be carried freely
under the flow conditions normally prevailing in the City
sewers, with no particle greater than one-half (1/2) inch in
any dimension, and only if such solid food wastes are
introduced into the sewers accompanied by water sufficient
to cause the same to flow freely and without congesting the
sewers.
Pass -Through. The discharge of pollutants through the POTW
into navigable waters in quantities or concentrations which
are a cause of or significantly contribute to a violation of
any requirement of the POTW's NPDES permit (including an
increase in the magnitude or duration of a violation). An
industrial user significantly contributes to such permit
violation where it:
(1) Discharges a daily pollutant loading in excess of that
allowed by permit with the POTW or by federal, state or
local law;
(2) Discharges wastewater which substantially differs in
nature and constituents from the user's average
discharge;
(3) Knows or has reason to know that its discharge, alone
or in conjunction with discharges from other sources,
would result in a permit violation; or
(4) Knows or has reason to know that the POTW is, for any
reason, violating its final effluent limitations in its
permit and that such industrial user's discharge,
either along or in conjunction with discharges from
other sources, increases the magnitude or duration of
the POTW's violations.
Person. Any individual, firm, company, association or
corporation.
pH. The logarithm of the reciprocal of the concentration of
hydrogen ions in grams per liter of solution. A stabilized
pH will be considered as a pH which does not change beyond
the specified limits when the waste is subjected to
aeration. A pH value indicates the degree of acidity or
alkalinity.
Potential To Discharge Other Than Ordinary Waste. This shall
mean the possibility that other than ordinary waste could be ( �,
discharged, considering the nature and characteristics of �J
the intended user and/or the accessibility and ease of
discharge by unauthorized users (e.g. open drains accessible
to public, etc.).
POTW Treatment Plant. That portion of the POTW designed to
provide treatment to wastewater.
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Premises. This term means and includes all places and
properties where people live or congregate, or where
flowable sewage wastes are otherwise generated, which should
be drained away and disposed of in the interests of public
health, safety and general welfare, and specifically
includes, but not by way of limiting the generality of the
foregoing, all homes; apartments; hotels; motels; trailer
camps; establishments for manufacturing, business,
commercial, or industrial purposes; and other structures of
any and every nature whatsoever -
Pretreatment or Treatment. The reduction of the amount of
pollutants, the elimination of pollutants, or the alteration
of the nature of pollutant properties in wastewater to a
less harmful state prior to or in lieu of discharging or
otherwise introducing such pollutants into a POTW. The
reduction or alteration can be obtained by physical,
chemical or biological processes, or process change(s) or
other means, except as prohibited by 40 CFR 403.6(d).
Pretreatment Coordinator. The City employee appointed by the
City Manager to administer and manage the City of Paducah's
Pretreatment Program.
Pretreatment Requirements. Any substantive or procedural
requirement related to pretreatment, other than a National
Pretreatment Standard imposed on a significant industrial
user.
Prohibitive Discharge Standard. Any regulation developed
under the authority of 307(b) of the Act and 40 CFR 403.5.
Properly Shredded Garbage. The wastes from the preparation,
~� cooking, and dispensing of foods that have been shredded to
1 such degree that all particles will be carried freely under
the flow conditions normally prevailing in public sewers,
with no particle greater than one-half (1/2) inch in any
dimension.
Public Sewers. A common sewer controlled by a governmental
agency or public utility. In general, the public sewer
shall include the main sewer in the -street and the service
branch'to the curb or'property line,, or, a main sewer on
private property and the service branch to the extent of
ownership by public authority.
Publicly Owned Treatment Works (POTW). A treatment works as
defined by Section 212 of the Act (33 U.S.C. 1292) which is
owned in this instance by the City. This definition
includes any sewers that convey waste water to the POTW
treatment plant, but does not include pipes, sewers or other
conveyances not connected to a facility providing treatment.
For the purposes of this chapter, "POTW" shall also include
any sewers that convey wastewater to the POTW from persons
outside the City who are, by contract or agreement with the
City, users of the City's POTW.
Receiving Stream. That body of water, stream or watercourse
receiving the discharge waters from the sewage treatment
plant or formed by the waters discharged from the sewage
treatment plant.
Sewage. The spent water of a community. Domestic or
sanitary waste shall mean the liquid or waterborne wastes
from residences, commercial buildings and institutions and
is distinct from industrial sewage. The terms "sewage" and
"wastewater" are used interchangeably.
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Sewer User Charges. A system of charges levied on users of a
POTW for the cost of operation and maintenance, including
replacement, or such works.
Sewers or Sanitary Sewers. Those properties, works and
facilities by and through which the City provides service in
draining and treating flowable polluted sewage wastes, and
includes not only such facilities as presently exist but
also all future extensions, additions, enlargements, and
improvements thereof and thereto.
"
Shall is mandatory; may is permissive.
Significant Industrial User. Any user of the City's
wastewater disposal system who:
(1) Is subject to a categorical pretreatment standard(s)
under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N.
(2) Has a discharge flow of 25,000 gallons or more per
average work day.
(3) Contributes more than five (5) percent of the pollutant
loading of the wastewater treatment plant.
(4) Has, in its wastewater, toxic pollutants as defined
pursuant to Section 307 of the Act or state statutes
and rules.
(5) Is found by the City, State Approval Authority or the
U.S. Environmental Protection Agency (EPA) to have a
significant impact, either singly or in combination
with other contributing users, on the wastewater
treatment system, the quality of sludge, the system's
effluent quality, or air emissions generated by the 13
system.
Significant Noncompliance. Violations which meet one or more
of the following criteria:
(1) Chronic violations of wastewater discharge limits,
defined as those in which sixty-six percent or more of
all of the measurements taken ...during.asix-month period
exceed (by any magnitude) the daily maximum limit or
the average limit for the same pollutant parameter.
(2) Technical review criteria (TRC) violations, defined as
those in which thirty-three percent or more of all of
the measurements for each pollutant parameter taken
during a six-month period equal or exceed the product
of the daily average maximum limit or the average limit
times the applicable TRC (TRC=1.4 for BOD, TSS, fats,
oil and grease and 1.2 for all other pollutants except
pH).
(3) Any other violation of a pretreatment effluent limit
(daily maximum or longer-term average) that the Control
Authority determines has caused, alone or in
combination with other discharges, interference or
pass-through (including endangering the health of POTW
personnel or the general public).
(4) Any discharge of a pollutant that has caused imminent
endangerment to human health, welfare or to the
environment or has resulted in the POTW's exercise of
its emergency authority under Section 32-16..7, the
chapter to halt or prevent such a discharge.
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(5) Failure to meet, within 90 days after the scheduled-
date,
cheduleddate, a compliance schedule milestone contained in a
local control mechanism or enforcement order, for
starting construction, completing construction or
attaining final compliance.
(6) Failure to provide, within 30 days after the due date,
required reports such as baseline monitoring reports,
T 90 -day compliance reports, periodic self-monitoring
reports and reports on compliance with compliance
schedules.
(7) Failure to accurately report noncompliance.
(8) Any other violation or group of violations which the
Control Authority determines will adversely affect the
operation or implementation of the local pretreatment
program.
Slug Discharge. Any discharge of a non -routine, episodic
nature, including but not limited to an accidental spill or
non -customary batch discharge and/or any discharge of water
or wastewater in which the concentration of any given
constituent or the quantity of flow exceeds for any period
of duration longer than fifteen (15) minutes more than five
(5) times the average twenty-four (24) hour concentration or
flow rate during normal operation and/or adversely affects
the POTW.
Standard Industrial Classification (SIC). A classification
pursuant to the Standard Industrial Classification Manual
issued by the Executive Office of the President, U.S. Bureau
of the Budget, 1972.
State. The Commonwealth of Kentucky.
Storm Drain or Storm Sewer. A drain or sewer for conveying
water, groundwater, surface water, or unpolluted water from
any source.
Surcharge. A charge for service in addition to the basic
sewer user and debt service charge, for those users whose
contribution contains' biochiemical oxygen demand (BOD),
chemical oxygen demand (COD), suspended solids (SS), ammonia
nitrogen (N-NH3) or oil and grease of a vegetable or animal
matter in concentrations which exceed limits specified
herein for such pollutants.
Suspended Solids. Solids that either float on the surface of
or are in suspension in water, sewage, or other liquids; and
which are removable by laboratory filtering.
Toxic Pollutant. Any pollutant or combination of pollutants
listed as toxic in regulations promulgated by the
Administrator of the Environmental Protection Agency under
the provisions of CWA Section 307(a) or other Acts.
Unpolluted Water. Water of quality equal to or better than
the treatment works effluent criteria in effects or water
that would not cause violation of receiving water quality
standards and would not be benefitted by discharge to the
sanitary sewers and wastewater treatment facilities
provided.
User. Any person or corporation who contributes, causes or
permits the contribution of wastewater into the POTW. See
definition of Person.
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User Charge. The charge levied on all users, including but
not limited to, persons, firms, corporations, or
governmental entities that discharge, cause, or permit the
discharge of sewage into the POTW.
Watercourse. A natural or artificial channel for the passage
ofwater either continuously or intermittently."
SECTION 3. Section 33-3, Abbreviations, is hereby
created to read as follows:
"BOD - Biochemical Oxygen Demand
CFR - Code of Federal Regulations
CWA - Clean Water Act of 1979
EPA - Environmental Protection Agency
KPDES- Kentucky Pollutant Discharge Elimination System
1 - liter
mg - milligram
mg/l - milligram per liter
NPDES- National Pollutant Discharge Elimination System
POTW - Publicly Owned Treatment Works
SIC - Standard Industrial Classification
SWDA - Solid Waste Disposal Act (42 USC 6901, et. seq.)
TSS - Total Suspended Solids
USC - United States Code"
ARTICLE II. USE OF PUBLIC SEWERS
SECTION 4. Section 33-4, Mandatory Sewer Connections,
is hereby created to read as follows:
"The owners of improved real estate located in any sewer
zone in the City or in any other area of the City, shall,
within twelve (12) months from the time of completion of any
sanitary or combined storm and sanitary sewers, connect the
improvements thereon to such sewer, and each improvement
upon real estate shall, before being occupied, be connected
with the sanitary sewer or combined storm and sanitary sewer
in the zone or area where such improvement is located and
where such sewer service is available.
Any person violating this section shall, upon conviction, be
guilty of a violation, and each day that such violation
continues shall constitute a separate offense."
SECTION 5. Section 33-5, Privies Prohibited, is hereby
created to read as follows:
"It shall be unlawful for any person to erect or maintain
within the City any privy or surface closet or toilet. Any
person violating this section shall be fined not less than
five dollars ($5.00) nor more than twenty-five dollars
($25.00) for each offense, and each day's violation shall be
a separate and distinct offense."
SECTION 6. Section 33-6, Unlawful Discharge to Storm
Sewers or Natural Outlets, is hereby created to read as follows:
"(a) It shall be unlawful for any person to place, deposit,
or permit to be deposited in any unsanitary manner on public
or private property within the City of Paducah or in any
area under the jurisdiction of said City or into any sewer
which connects to the storm sewer system of the City of
Paducah, any objectionable wastewater or industrial wastes.
(b) It shall be unlawful to discharge to any natural outlet
within the City of Paducah or in any area under the,
jurisdiction of said City, any wastewater or other polluted
waters, except where suitable treatment has been provided in
accordance with subsequent provisions of this Ordinance.
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No'provision of this Ordinance shall be construed to relieve
the owner of a discharge to any natural outlet of the
responsibility for complying with applicable State and
Federal regulations governing such discharge."
SECTION 7. Section 33-7, Compliance with Local, State
and Federal Laws, is hereby created to read as follows:
"The discharge of any wastewater into the public sewer
system by any person is unlawful except in compliance with
. the provisions of tr_s Ordinance, and any more stringent
State or Federal standards promulgated pursuant to the
Federal Water Pollution Control Act Amendments of 1972, the
Clean Water Act of 1977 and subsequent amendments."
SECTION 8. Section 33-8, Discharge of Unpolluted
Waters into Sewer, is hereby created to read as follows:
"(a) No person(s) shall discharge or cause to be discharged
through any leak, defect or connection any unpolluted waters
such as storm water, ground water, roof runoff, subsurface
drainage or cooling water to any sanitary sewer, building
sewer, building drain or building plumbing.
The Director or his representative shall have the right, at
any time, to inspect the inside or outside of buildings or
smoke test for connections, leaks, or defects to building
sewers and require disconnection or repair or any pipes
carrying such water to the building sewer. Such waters
shall not be removed through the dual use of a sanitary
drain sump or a sump pump to building sanitary sewer.
Discharge of such waters by a manual switch -over from
sanitary sewer to storm drainage will not be an acceptable
method of separation. In case both storm and sanitary
sewage is present, a separate drainage or pumping system
shall be included.
(b) Stormwater, groundwater and all other unpolluted
drainage may be discharged to such sewersas are used as
storm sewers approved by the Director. Under no
circumstances shall sanitary sewage be discharged to a storm
sewer. w,
(c) The owner(s) of any building sewers having such
connections, leaks, or defects shall bear all costs
incidental to removal of such sources."
SECTION 9. Section 33-9, Prohibited Sewer Deposits, is
hereby created to read as follows:
"(a) No person or corporation shall contribute or cause to
be contributed, directly or indirectly, any pollutant or
wastewater which will interfere with the operation or
performance of the POTW. These general prohibitions apply
to all such persons or corporations discharging wastewater
to a POTW whether or not the person or corporation is
subject to national categorical pretreatment standards or
any other national, state or local pretreatment standards or
requirements. A person or corporation may not contribute
the following substances into or through any portion of the
sewer system of the City.
(1) Any liquid or vapor having a temperature higher than
sixty (60) degrees Celsius, including, but not limited
to, any wastewater having a temperature which will
inhibit the biological activity in the treatment plant
or would cause the temperature at the treatment plant
influent to exceed forty (40) degrees Celsius.
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(2) Any petroleum oil, non -biodegradable cutting oil, or
products or mineral oil origin in amounts that will
cause interference or pass-through.
(3) Any flammable or explosive liquid, solid or gas,
including, but not limited to, gasoline, benzene,
naphtha, fuel oil, and in no case pollutants with a
closed cup flashpoint of less than one hundred forty
(140) degrees Fahrenheit (sixty (60) degrees
Centigrade) or pollutants which cause an exceedance of
ten (10) percent of the lows explosive limit (LEL) at
any point within the POTW.
(4) Any garbage that has not been properly shredded.
(5) Any ashes, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wood, paunch
manure, offal, unground fruits or vegetables, or other
solid or viscous substances capable of causing
obstruction to the flow in sewers or other interference
with the proper operation of the sewage works.
(6) Any waters or wastes having a stabilized pH lower than
6.0 or higher than 9.0, or having any other corrosive
property capable of causing damage or hazard to
structures, equipment and personnel of the sewer works.
(7) Any wastes or waters having an objectionable color
which is not removable in the existing sewage treatment
plant process.
(8) Any waters or wastes containing a toxic or poisonous
substance or any other materials in sufficient quantity
in injure or interfere with any sewage treatment
process or constitute a hazard to humans or animals to
create any hazard in the receiving stream at the sewage
treatment plant.
(9) Any noxious or -malodorous gas or substance capable of
creating a public nuisance.
(10) Any substance which will cause the POTW to violate its
NPDES and/or state disposal system permit or the
receiving quality standards.
(11) Any waters. -or wastes containing acid iron pickling
wastes or concentrated plating solutions, whether
neutralized or not.
(12) Any waters or wastes containing phenols or other taste -
or -odor -producing substances in such concentrations
exceeding limits which may be established by the
pretreatment coordinator as necessary, after treatment
of the composite sewage, to meet the requirements of
the state, federal or their agencies or jurisdiction
for such discharge to the receiving of waters.
(13) Unusual volume of flow or concentrations of wastes
constituting "slugs", as defined herein.
(14) Any pollutant, including oxygen -demanding pollutants
(BOD, COD, etc.), released in a discharge at a flow
rate and/or pollutant concentration which will cause
interference with the POTW or pass through causing
violations of the POTW's NPDES permit.
(15) Any radioactive wastes.
(16) Trucked or hauled water or waste except at discharge
points designated by the POTW.
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(17) Any water or waste that results in toxic gases, vapors
or fumes within the POTW in a quantity that may cause
acute worker health and safety problems.
(18) Any substances which may cause the POTW's effluent or
any other product of the POTW such as residues,
sludges, or scum to be unsuitable for reclamation and
reuse or to interfere with the reclamation process
where the POTW is pursuing a reuse and reclamation
program. In no case shall a substance dischara�d to
the POTW cause the POTW to be in non-compliance with
sludge use or disposal criteria, guidelines or
regulations developed under Section 405 of the Act; any
criteria, guidelines or regulations affecting sludge
use or disposal developed pursuant to the Solid Waste
Disposal Act, the Clean Air Act, the Toxic Substances
Control Act, or State criteria applicable to the sludge
management method being used.
(19) Any waste or wastewater classified as a hazardous waste
by the Resource Conservation and Recovery Act (RCRA)
without, at least, a 60 -day prior notification of such
discharge to the Director of the POTW. This
notification must include the name of the waste, EPA
hazardous waste number, type of discharge, volume/mass
of discharge and time of occurrence. The Pretreatment
Coordinator and/or Director may deny or condition this
discharge at any time."
ARTICLE III. HAULED WASTE
SECTION 10. Section 33-10, Permit Required for Private
Collectors, is hereby created to read as follows:
"No waste collected from septic tanks or similar disposal
containers shall be disposed of by the City for any private
collector of such waste unless such person has obtained an
industrial discharge permit in addition to a waste hauler
permit upon completion of a waste hauler application."
SECTION 11. Section 33-11, Permit Application, is
hereby created to read as -'follows:
"An application for a permit required of private septic tank
collectors shall be presented to the Director in writing on
the official waste hauler's permit application, and shall
specify the frequency that said collector expects to dispose
of such waste, and the names of all persons working in his
employment, along with other regulations outlined in the
waste hauler's permit application. No permit shall be
issued unless the applicant holds a valid license from the
Cabinet of Human Resources as required by KRS 211.970
through 211.982. A copy of the state license shall be
attached to the application for a City permit."
SECTION 12. Section 33-12, Term, Transferability
Permit, is hereby created to read as follows:
"The permit required of private septic tank collectors for
having the City dispose of such waste may be issued to cover
periods not exceeding twelve (12) months, and no such permit
issued shall be transferable. Permit renewal applications
shall be submitted a minimum of sixty (60) days prior to the
annual waste hauler's permit expiration date."
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SECTION 13. Section 33-13, Revocation of Permit, i
hereby created to read as follows:
"The permit issued to private septic tank collectors for_
having the City dispose of such waste may be revoked at any
time, when in the opinion of the board of commissioners, the
person granted such permit has failed to operate in a clean,
sanitary, and responsible manner, or has failed to abide by
the rules and ordinances of the City pertaining to the
operation of the City sewage treatment plant or when, in the
opinion of the board of commissioners, the City sewage
treatment plant can no longer adequately process such
waste."
SECTION 14. Section 33-14, Registration, is hereby
created to read as follows:
"Each vehicle utilized for hauling liquid waste by a
permitted waste hauler must be registered by the Director.
The number of the registered vehicle shall be clearly marked
on both sides of the cab and the rear of the vehicle."
SECTION 15. Section 33-15, Discharge Point, is hereby
created to read as follows:
"The discharge of hauled wastes to the POTW shall be
restricted to a point or points within the City's sewer
system as designated by the Director."
SECTION 16. Section 33-16, Manifests, is hereby
created to read as follows:
"Prior to discharging a load of hauled waste, each waste
hauler shall present a manifest form to the operator on duty
at the POTW treatment plant. The manifest information shall
be presented on a standardized form as developed by the
Director. The form will include such information as the
vehicle number, date, name of customer, customer address,
type of waste, estimated volume and the. property owner's,
resident's or the owner's authorized representative's
signature. Prior to discharging the waste to the POTW the
waste hauler must obtain the signature of the operator on
duty."
SECTION 17. Section 33-17, Measurement of Discharge,
is hereby created to read as follows:
"The capacity of each registered vehicle will be determined
by a method authorized by the Director. The determination
of the vehicle capacity must be witnessed and approved by
the Director or his authorized representative. For purposes
of measurement of discharge volume, each vehicle will be
assumed to be fully loaded to capacity at the time of
discharge unless the vehicle has a calibrated volume
measurement device that has been approved by the Director."
SECTION 18. Section 33-18, Restricted Discharges, is
hereby created to read as follows:
"Only wastes originating from within Paducah or McCracken
County will be permitted unless authorized otherwise by the "
Director or his authorized agent. The types of hauled
wastes discharged to the POTW will be limited to domestic
septic or holding tank waste and restaurant or other type of
food handling establishment grease trap waste.
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Wastes from industrial sources and other commercial sources
are prohibited unless approved in writing by the Director or
his authorized agent. The waste hauler may be required to
submit results of a laboratory analysis of waste proposed
for discharge to prove compliance with local industrial
discharge limits. All related testing costs shall be borne
by the waste hauler or the owner of the source of the
waste."
SECTICJ' 19. Section 33-19, Dumping Hours, is hereby
created to read as follows:
"Dumping hours shall be fixed by the Director and shall be
limited to 6:00 a.m. to 6:00 p.m., local time, Monday
through Saturday, excluding recognized City of Paducah
holidays. Dumping after hours or on holidays may be allowed
by permission only from the Operator on duty at the City of
Paducah's wastewater treatment plant."
SECTION 20. Section 33-20, Penalty, is hereby created
to read as follows:
"Any person or corporation violating the provisions of this
article shall be guilty of a Class "B" misdemeanor, and each
separate act in violation of this article shall be
considered a separate offense. Additionally, other
penalties may be applied for violations of other provisions
of this chapter."
ARTICLE IV. BUILDING SEWERS AND CONNECTIONS
SECTION 21. Section 33-21, Permits, is hereby created
to read as follows:
"(a) No connection to the City sewer system shall be allowed
4, by a property owner or licensed plumber until a connection
permit has been obtained from the Department of
Environmental and Engineering Services. All required tap -on
fees shall be paid at the office of the Department of
Environmental and Engineering Services before a construction
permit will be issued.
(b) There shall be two (2) classes and building sewer:
permits required; (1) for residential and (2) for service to
commercial, industrial and other non-domestic
establishments. In either case, the owner or his agent
shall make application on a special form furnished by the
City. applicants for service to commercial and industrial
establishments shall be required to furnish information
about all waste producing activities, wastewater
characteristics and constituents. The permit application
shall be supplemented by any plans, specifications or other
information considered pertinent in the judgment of the
Director or his agent. Details regarding commercial and
industrial permits include but are not limited to those
required by this Ordinance. Permit and inspection fees
shall be paid to the City at the time the application is
filed."
SECTION 22. Section 33-22, Structures Required, is
hereby created to read as follows:
"(a) Storage tanks. In order to equalize flows over a
twenty -four-hour period, each person discharging a waste
into the City sanitary sewers having a volume which exceeds
the allowable reserve capacity of the sewer system at any
point below his point of discharge shall construct and
maintain at his own expense a suitable storage tank with a
flow -metering device at the outlet to the sewer system.
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361
(b) Control manholes. When deemed necessary by the City,
any person discharging industrial wastes into the City
sanitary sewer shall construct and maintain a suitable
control manhole, down stream from any treatment, storage, or
other approved work, to facilitate observation,
measurements, and sampling of all wastes, including domestic
sewage, from the industry. The control manhole shall be
constructed at a suitable and satisfactory location and
built in a manner approved by the City. Where a storage
tank is not required, the control manhole shall be equipped
with a permanent -type, volume -measuring device approved by
the City. The manhole shall be maintained so as to be safe,
accessible and in proper operating condition at all times.
(c) City approval of constructions plans. Plans for the
construction of said storage tank, control manhole, and
volume measuring devices shall be approved by the City prior
to the beginning of construction."
SECTION 23. Section 33-23, Prohibited Connections, is
hereby created to read as follows:
"No person shall make connections of roof downspouts,
basement wall seepage or floor seepage, exterior foundation
drains, area way drains, or other sources of surface runoff
or groundwater to a building sewer or building drain which
in turn is connected directly or indirectly to a public
sanitary sewer. The owners of any building sewers having
such connections, leaks or defects shall bear all costs
Incidental to removal of such sources. Pipes, sumps and
pumps for such sources of ground and surface water shall be
separate from wastewater facilities. Removal of such
sources of water without presence of separate facilities
shall be evidence of drainage to the public sanitary sewer."
SECTION 24. Section 33-24, Grease Traps, is hereby /
created to read as follows:
"A grease trap (a device designed and installed so as to
separate and retain deleterious, hazardous or undesirable
matter from normal wastes while permitting normal sewage or
liquid wastes to discharge into a drainage system by
gravity) shall_be placed as near as possible to the fixture
it serves and shall be approved by the City.
All grease traps used inside a building shall have a sealed
cover and shall be properly vented. _Grease traps shall be
installed to serve restaurants, food -handling and all other
establishments as required by the Director -and/or Chief
Building Inspector. Grease traps shall have sufficient
capacity to handle the load of the establishment. The
method utilized to determine the required capacity of a
grease trap shall conform with methodology approved by the
Director."
ARTICLE V. POLLUTANT DISCHARGE LIMITS
SECTION 25. Section 33-25, General Conditions, is
hereby created to read as follows:
"The following described substances, materials, waters, or
waste shall be limited in discharge to municipal systems to
concentrations or quantities which will not harm either the
sewers, wastewater treatment process or equipment, will not
have an adverse effect on the receiving stream, or will not
otherwise endanger lives, limb, public property or
constitute a nuisance.
14
The Director may set additional limitations or limitations
more stringent than those established in the regulations
below if in his opinion such more severe limitations are
necessary to meet the above objectives. In forming his
opinion as to the acceptability, the Director shall give
consideration to such factors as the quantity of subject
waste in relation to flows and velocities in the sewers,
materials of construction of the sewers, the wastewater
treatment process employed, capacity of the wastewater
treatment plant, and other pertinent factors."
SECTION 26. Section 33-26, Restricted Discharges, is
hereby created to read as follows:
"a. Wastewater containing more than 50 milligrams per liter
of petroleum oil, non -biodegradable cutting oils, or
products of mineral oil origin.
b. Wastewater from industrial plants, commercial business
or other non-domestic connections containing floatable
oils, fat, or grease, whether emulsified or not, in
excess of 100 milligrams per liter or containing
substances which may solidify or become viscous at
temperatures between 32 and 150 degrees Fahrenheit (0-
65 degrees C).
C. Any radioactive wastes or isotopes of such half-life or
concentration as may exceed limits established by the
Director in compliance with applicable State and/or
Federal regulations.
d. Any water or waste which has characteristics based on a
24-hour composite sample, grab, or a shorter period
composite sample if more representative, which exceed
the following normal maximum domestic wastewater
parameter concentrations:
Parameter
BOD
TSS
NH -N
Daily Maximum Allowable
Concentration Without Surcharge
300 mg/l
"35`0' mg/l
-25 mg/1
Discharges greater than these concentrations may be
subject to penalties contained in the Enforcement
Response Plan for the City of Paducah, in addition to
surcharge.
e. Any waste or wastewater classified as hazardous waste
by the Resource conservation and Recovery Act (RCRA)
without, at least, a 60 -day prior notification of such
discharge to the Director of the POTW. This
notification must include the name of the waste, EPA
hazardous waste number, type of discharge, volume/mass
of discharge and time of occurrence. The Director may
deny or condition this discharge at any time.
f. The following limitations are established for
characteristics of any waste waters to be discharged
into the municipal sewer system.
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362
...kL-u .1- :___ - -,_.. -I., .,.�,...,. <.. L .. .. _.-- --___-1__. -�. I I I_I I _.._
363
Parameter
Oil & Grease, total
pH
Arsenic, total
Cadmium, total
Chloride, total
Chromium, total
Copper, total
Cyanide, total
Lead, total
Mercury, total
Nickel, total
Zinc, total
Silver, total
Maximum Daily Concentration
100 mg/l
6 to 9
0.03 mg/l
0.10 mg/l
10,000 mg/l
0.6 mg/l
1.70 mg/1
1.10 mg/1
0.20 mg/l
0.01 mg/l
1.90 mg/l
2.20 mg/l
0.5 mg/l
g. The City has received authority through U.S. EPA and
State statutes to enforce the requirements of 40 CFR
Subchapter N and 40 CFR 403. All users shall comply
with the requirements of those regulations as well as
with all articles of this Ordinance."
SECTION 27. Section 33-27, Right to Deny or Condition
Contributions of Pollutants, is hereby created to read as
follows:
"The City reserves the right to deny or condition new or
increased contributions of pollutants or changes in the
nature of pollutants, to the POTW by industrial users where
such contributions do not meet applicable pretreatment
standards and requirements or where such contributions would
cause the POTW to violate its NPDES permit."
SECTION 28. Section 33-28, Federal Categorical
Pretreatment Standards, is hereby created to read as follows:
"Upon the promulgation of the Federal categorical
pretreatment standard for a particular industrial
subcategory, the Federal standard, if more stringent than
limitations imposed under this chapter for sources in that
subcategory, shall immediately supersede the limitations
imposed under this chapter."
SECTION 29. Section 33-29, Removal'Credits, is hereby
created to read as follows:
"Where the City's wastewater treatment system achieves
consistent removal of pollutants limited by, Federal
pretreatment standards, the City may apply to the Approval
Authority for modifications of specific limits in the
Federal pretreatment standards. "Constant removal" shall
mean reduction in the amount of a pollutant or alteration of
the nature of the pollutant by the wastewater treatment
system to a less toxic or harmless state in the effluent
which is achieved by the system in ninety-five (95) percent
of the samples taken when measured according to the
procedures set forth in 40 CFR, Part 403, Section
403.7(c)(2). The City may modify pollutant discharge limits
in the Federal pretreatment standards if these requirements
are fulfilled and prior approval from the Approval Authority
is obtained."
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364
SECTION 30. Section 33-30, Dilution of Wastewater
Discharge, is hereby created to read as follows:
"No user shall ever increase the use of process water, or in
any way attempt to dilute a discharge as a partial or
complete substitute for adequate treatment to achieve
compliance with the limitations contained in the Federal
Categorical Pretreatment Standards, or for any other
pollutant -specific limitation developed by the City or the
Commonwealth of Kentucky."
SECTION 31. Section 33-31, Special Industrial
Pretreatment Requirements, is hereby created to read as follows:
"a. Pursuant to the requirements imposed on publicly owned
wastewater treatment works by the Federal Water
Pollution Control Act Amendments of 1972 and later
amendments, all pretreatment standards promulgated by
the U.S. EPA under 40 CFR Subchapter N and 40 CFR 403
for new and existing industrial discharges to public
sewer systems are hereby made a part of this Ordinance.
Any industrial waste discharge which violates these EPA
Pretreatment Standards shall be in violation of this
Ordinance.
b. Where pretreatment or flow equalizing facilities are
provided or required for any waters or wastes, they
shall be maintained continuously in satisfactory and
effective operation by the owner(s) at his expense."
SECTION 32. Section 33-32, Protection from Accidental
and Slug Discharges, is hereby created to read as follows:
"a. Each significant industrial user shall provide
protection from accidental and/or slug discharges of
�-.. prohibited materials or other substances regulated by
this Ordinance. Facilities to prevent accidental and
slug discharges of prohibited materials shall be
provided and maintained at the owner or userIs-own cost
expense. Once every two (2) years the Pretreatment
Coordinator will determine whether each significant
industrial user needs to develop a --plan to control slug
discharges.,_ If. the Director decides that a slug
control plan is needed, the plan shall contain the
following:
.1. Description of discharge practices
2. Description of stored chemicals
3. Procedures for notifying the POTW
4. Prevention procedures for spills
In the case of all possible or actual accidental and/or
slug discharges, it is the responsibility of the user
to immediately telephone and notify the POTW of the
incident. The notification shall include the location
of discharge, 'type of waste, concentration and volume
and corrective actions taken.
b. Within five (5) days following an accidental and/or
slug discharge, the user shall submit to the
Pretreatment Coordinator a detailed written report
describing the cause of the discharge and the measures
to be taken by the user to prevent similar future
occurrences.
Such notification 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;
17
365
nor shall such notification relieve the user of any
fines, civil penalties or other liability which may be
imposed by this article, the Enforcement Response Plan
or other applicable law or regulation.
C. A notice shall be permanently posted on the user's
bulletin board or other prominent place advising
employees whom to call in the event of a dangerous
discharge. Employers shall insure that all employees _
who may cause or suffer such dangeress discharges to
occur are advised of the emergency notification
procedures."
SECTION 33. Section 33-33, State Requirements, is
hereby created to read as follows:
"State requirements and limitations on discharges shall
apply in any case where they are more stringent than federal
regulations and limitations or those in this Ordinance."
SECTION 34. Section 33-34, City's Right of Revision,
is hereby created to read as follows:
"The City reserves the right to establish, by a majority
vote of its Commissioners, more stringent limitations or
requirements on discharges to the POTW at the recommendation
of the Director or if deemed necessary to comply with the
objectives presented in this Ordinance."
SECTION 35. Section 33-35, Federal Categorical
Pretreatment Standards, is hereby created to read as follows:
"Upon the promulgation of federal categorical pretreatment
standards for a particular industrial subcategory, the
federal standard, if more stringent than limitations imposed
under this Ordinance for sources in that subcategory, shall 311
immediately supersede the limitations imposed under this
Ordinance. The Pretreatment Coordinator shall notify all
affected users of the applicable reporting requirements
under 40 CFR 403.12."
ARTICLE VI. PRETREATMENT PROGRAM ADMINISTRATION
SECTION 36. Section 33-36, Wastewater Discharge, is
hereby created to read as follows:
"It shall be unlawful,,to discharge to any natural outlet
within the City, or in any area under the jurisdiction of
the City and/or to the�lPOTW any wastewater except as
authorized by the Director in accordance with the provisions
of this Ordinance.
Any agency and/or industries outside the jurisdiction of the
City that wish to contribute waste waters to the POTW must
first sign (through an authorized representative) an inter -
jurisdictional agreement whereby the agency and/or
industrial user agrees to be regulated by all provisions of
this Ordinance, State and Federal regulations. An
Industrial User Discharge Permit may then be issued by the
Director in accordance with Section B of this Article."
SECTION 37. Section 33-37, Industrial Discharge
Permits, is hereby created to read as follows:
"(a) All significant users desiring to deposit or discharge,
or who are now depositing or discharging other than ordinary
sewage or waste into the sanitary sewers, shall make
application for the disposal of industrial waste to the City
sewer system if required by the national categorical
pretreatment standards or any section of this chapter.
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366
(b) An application for an industrial discharge permit shall
contain, but not be limited to, the following information:
(1) Name, address and location (if different from
address);
(2) SIC number;
(3) Wastewater constituents and characteristics as
determined by an analytical laboratory acceptable
to the City; sampling and analysis shall be
performed in accordance with procedures
established by the EPA pursuant to Section 304(g)
of the Act and contained in 40 CFR 136, as amended
and 40 CFR 261;
(4) Time and duration of contribution;
(5) Daily average and maximum wastewater flow rates,
including daily, monthly and seasonal variations
if any;
(6) Site plans, floor plans, mechanical and plumbing
plans and details to show all sewers, sewer
connections and appurtenances by the size,
location and elevation;
(7) Description of activities, facilities and plant
processes on the premises including all materials
which are or could be discharged;
(8) Where known, the nature and concentration of any
pollutants in the discharge which are limited by
any city, state or federal pretreatment standards
and a statement regarding whether or not the
pretreatment standards are being met on a
consistent basis and if not, whether additional
pretreatment is required for the user to meet
applicable pretreatment standards;
(9) Number of employees and hours of operation of
plant and proposed or actual hours of operation of
the pretreatment system;
(10) A copy of the industry's written environmental
control program, comparable document or policy;
(11) A written statement requesting the City to allow
the discharge of compatible pollutants in excess
of the limits contained in Section 33-9. The
statement to include pollutant name and quantity;
(12) Any other information as may be deemed by the City
to be necessary to evaluate the permit
application.
(c) The City will evaluate the data furnished by the person
and may require additional information. After evaluation
and acceptance of the data furnished, the City may issue an
industrial discharge permit subject to terms and conditions
provided herein. If the application is rejected, the person
will be notified and the reasons for the rejection will be
stated."
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367
SECTION 38. Section 33-38, Permit Conditions, is
hereby created to read as follows:
"(a)
Industrial User Discharge Permits shall be expressly
subject
to all provisions of this Ordinance and all other
applicable
regulations, user charges and fees established by
the
City.
Industrial
discharge permits may contain the following:
waste water,'
(1)
Limits on the average and maximum
constituents and characteristics;
(2)
Requirements for flow regulation and/or equalization;
(3)
Requirements for installation and maintenance of
inspection and sampling facilities;
(4)
Requirements for monitoring programs which may include
sampling locations, frequency of sampling, number,
types, and standards for tests and reporting schedules;
(5)
Compliance schedules;
(6)
Requirements for maintaining and retaining plant
records relating to waste water discharge as specified
by the City, and accessible to authorized city, state,
and federal personnel;
(7)
Requirements for notification of the City on any new
introduction of waste water constituents or any
substantial change in the volume or character of the
waste water constituents being introduced into the
waste water treatment system;
8
Requirements for notification of slug discharges;'
(9)
Requirements for notification of change of monitoring
point prior to change.
(10) Other__ conditions as deemed appropriate by the City to
ensure compliance with this chapter;
11 Pa t:
( ) Payment ym o the City of a fee to reimburse the City its
cost of authorizing and reviewing the permit
application; and,
(12) Payment of an annual fee to the City to reimburse the
City the cost of annual authority and testing.
(13) Allowances for the industry to discharge compatible
pollutants in excess of the limits established in
Section 33-9.
(b) Where an effluent from an industrial process is mixed
prior to treatment with waste waters other than those
generated by the regulated process, fixed alternative
discharge limits may be derived for the discharge permit by
the Pretreatment Coordinator. These alternative limits
shall be applied to the mixed effluent. These alternative
limits shall be calculated using the Combined Waste Stream
Formula and/or Flow -Weighted Average Formula given in 40 CFR
403.6(e). Where the effluent limits in a categorical
pretreatment standard are expressed only in terms of mass of
pollutants per unit of production (production -based
standard), the Pretreatment Coordinator may convert the
limits to equivalent limitations expressed either as mass of
pollutant that may be discharged per day or of effluent
concentration for purposes of calculating effluent permit
limitations applicable to the permittee.
20
KIM
The permittee shall be subject to all permit limits
calculated in this manner under 40 CFR 403.6(c) and must
fully comply with these alternative limits. All categorical
industrial users subject to ptoduction-based standards must
report production rates annually so that alternative permit
limits can be calculated if necessary. The categorical
industrial user must notify the Pretreatment Coordinator
thirty (30) days in advance of any change in production
levels that might effect the flow or other data used to
calculate the effluent limits in the discharge permit."
SECTION 39. Section 33-39, Permit Modifications, is
hereby created to read as follows:
"Within nine (9) months of the promulgation of a federal
categorical pretreatment standard, the Industrial User
Discharge Permit of any user subject to that standard shall
be revised to require compliance with the standard within
the time frame prescribed by such standard. Where a user
subject to federal categorical pretreatment standards has
not previously submitted an application for an Industrial
User Discharge Permit as required, the user shall apply for
the permit within ninety (90) days of the date of
promulgation of the applicable federal categorical
pretreatment standard. In addition, the user with an
existing Industrial User Discharge Permit shall submit to
the Director within ninety (90) days of the date of
promulgation of an applicable federal categorical
pretreatment standard the information required by this
Ordinance."
SECTION 40. Section 33-40, Term of Permit, is hereby
created to read as follows:
"Industrial User Discharge Permits shall be issued for a
specified time period, not to exceed five (5) years. A
permit may be issued for a period less than a year or may be
stated to expire on a specific date. The user shall apply
for permit reissuance a minimum of 120 days prior to the
expiration of the user's existing permit. The terms and
conditions of the permit may be subject to modification by
the City during the term of the -permit as limitations or
requirements identifiers in Article V are modified or other
just cause exists. The user shall be informed of any
proposed changes in their permit at least thirty (30) days
prior to the effective date of change. Any changes or new
conditions in the permit shall include a reasonable time
frame for compliance."
SECTION 41. Section 33-41, Permit Transfer, is hereby
created to read as follows:
"Industrial User Discharge Permits are issued to a specific
user for a specific operation. An Industrial User Discharge
Permit shall not be reassigned or transferred or sold to a
new owner, new user, different premises or a new or changed
operation without, at a minimum, a thirty -day prior
notification of the change to the Pretreatment Coordinator
and provision of a copy of the existing permit to the new
owner. The Pretreatment Coordinator may deny the transfer
of the permit if it is deemed necessary to comply with all
provisions of this Ordinance."
SECTION 42. Section 33-42, Reporting Requirements for
Permittees, is hereby created to read as follows:
"a. Within ninety (90) days following the date for final
compliance with applicable pretreatment standards or,
in the case of a new user, following commencement of
the introduction of wastewater into the POTW,
21
369
any user subject to federal categorical pretreatment
standards and requirements shall submit to the
Pretreatment Coordinator a report indicating the nature
and concentration of all pollutants in the discharge
from the regulated process or processes which are
limited by categorical pretreatment standards and
requirements and the average and maximum daily flow for
these process units in the user's facility which are
limited by such categorical standards and requirements.
The report shall state whether the applicable
categorical pretreatment standards aid requirements are
being met on a consistent basis and, if not, what
additional pretreatment equipment and time schedule are
necessary to bring the user into compliance with the
applicable categorical standard or requirement. This
statement shall be signed by an authorized
representative of the user.
b. Those categorical users required to comply with
production based limitations shall be required to
report their average annual production rate and long
term production rate annually."
SECTION 43. Section 33-43, Periodic Compliance
Reports, is hereby created to read as follows:
"(a) All significant industrial users shall submit to the
Pretreatment Coordinator during the months of June and
December, unless required more frequently by a
pretreatment standard, or the Industrial User Discharge
Permit, a report indicating the nature and
concentration of pollutants in the effluent which are
limited by such pretreatment standards or the
Industrial User Discharge Permit.
In addition, this report shall include a -record of allrC''
daily flows which during the reporting period exceeded
the average daily flow. At the discretion of the
Pretreatment Coordinator and in consideration of such
factors as local high or low flow rates, holidays,
budget cycles, -etc., the Pretreatment Coordinator- may
agree.to.alter the months during which the above
reports are to be submitted...
(b) All analyses shall be performed by a laboratory
acceptable to the City. Analytical procedures shall be
in accordance with procedures established by the U.S.
EPA pursuant to section 304(g) of the Act and contained
in 40 CFR 136 and amendments thereto or with any other
test procedures approved by the U.S. EPA. Sampling
shall be performed in accordance with the techniques
approved by the U.S. EPA.
(c) Where 40 CFR 136 does not include a sampling or
analytical technique for the pollutant in question
sampling and analysis shall be performed in accordance
with the procedures set forth in the EPA publication
"Sampling and Analysis Procedures for Screening of
Industrial Effluents for Priority Pollutants", April
1977, and amendments thereto, or with any other
sampling and analytical procedures approved by the U.S.
EPA.
(d) All industrial users shall retain all pretreatment
records for a minimum of three (3) years, as required
by 40 CFR 403.12(0)(2)."
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370
SECTION 44. Section 33-44, Baseline Monitoring Report,
is hereby created to read as follows:
"a. A Baseline Monitoring Report (BMR) must be submitted to
the Pretreatment Coordinator by all categorical
industrial users at least ninety (90) days prior to
initiation of discharge to the sanitary sewer. The BMR
must contain, at a minimum, the following:
(1) Production data including a process description,
SIC code number, raw materials used, chemicals
used and final product(s) produced;
(2) Name of facility contact person;
(3) Wastewater characteristics such as total plant
flow, types of discharges, average and maximum
flows from each process;
(4) Nature and concentration of pollutants discharged
to the public sewer system that are regulated by
this Ordinance, state and/or federal pretreatment
standards and sample type and location;
(5) Information concerning any pretreatment equipment
used to treat the facility's discharge.
b. All new sources of industrial discharge must be in
compliance with all provisions of this Ordinance prior
to commencement of discharge."
SECTION 45. Section 33-45, Permit Violations, is
hereby created to read as follows:
1 "All significant industrial users must notify the
Pretreatment Coordinator within 24 hours of first becoming
aware of a permit violation. This notification shall
include the date of the violation, the parameter violated
and the amount in exceedance. Within 30 days of -first
becoming aware of a permit violation, the significant
industrial user must re -sample for the parameter(s) violated
and submit this sample analysis to the Pretreatment
Coordinator, unless the" Pretreatment Coordiliator; on behalf
of the City, conducts monitoring of this parameter within
that 30 day period."
SECTION 46. Section 33-46, Monitoring Requirements, is
hereby created to read as follows:
111. The City shall require significant industrial users to
provide and operate at the user's own expense,
monitoring facilities to allow inspection, sampling and
flow measurement of the building sewer and/or internal
drainage system. The monitoring facility should
normally be situated on the user's premises, but the
City may, when such a location would be impractical or
cause undue hardship on the user, allow the facility to
be constructed in a public right-of-way. The Director
shall review and approve the location, plans, and
specifications for such monitoring facilities and may
require them to be constructed to provide for the
separate monitoring and sampling of industrial waste
and sanitary sewage flows. There shall be ample room
In or near such sampling manhole or facility to allow
accurate sampling and preparation of samples for
analysis. The facility, sampling and measuring
equipment shall be maintained at all times in a safe
and proper operating condition at the expense of the
user.
23
.. _v-mST,qID — .h,i ---14— , -- .... « b L :_ _ _ I
371
Whether constructed on public or private property, the
sampling and monitoring facilities shall be provided in
accordance with the City's requirements and all
applicable local construction standards and
specifications. Construction shall be completed within
ninety (90) days following approval of the location
plans and specifications.
2. All sampling analyses done
U.S. TPA procedures by the
duri:ig a reporting period
Pretreatment Coordinator,
that analysis was required
permit.
in accordance with approved
significant industrial user
shall be submitted to the
regardless of whether or not
by the user's discharge
3. The significant industrial user must receive the
approval of the Director before changing the sampling
point and/or monitoring facilities to be used in all
required sampling."
SECTION 47. Section 33-47, Power and Authority for
Inspection, is hereby created to read as follows:
"(a) Authorized personnel of city, state or federal agencies
or their authorized representatives, bearing proper
credentials and identifications, shall be permitted to enter
upon all properties for the purpose of inspection,
observation, measurement, sampling, testing, copying and
examining records, in accordance with the provisions of this
chapter.
(b) The City shall have the authority and procedures to halt
or prevent any discharge of waters or wastes to the POTW
which:
(1) Reasonably appears to present an imminent danger to the
health or welfare of persons; or
(2) Presents or may present danger to the environment or
which threatens to interfere with the operation of the
POTW."
SECTION 48. Section 33-48, Public's Authority to
Inspect Records, is hereby created to read as follows:
"All records submitted to the Pretreatment Coordinator
and/or Director relating to the deposit and discharge of
other than ordinary sewage or waste will be made available
to the public unless the submitter properly follows the
proper claim of confidentiality procedures in accordance
with 40 CFR Part 2 of the Code of Federal Regulations. Any
such claim must be asserted at the time of submission in the
manner prescribed on the application form or instructions,
or in the case of other submissions, by stamping the words
"Confidential Business Information" on each page containing
such information. All information and data provided to the
Pretreatment Coordinator and/or Director shall be made
available to the Approval Authority upon request.
If a claim is asserted, the information will be treated in
accordance with the procedures in 40 CFR Part 2.
Information provided which is effluent data will not be
classified as confidential and will be made available to the
public without restriction."
ARTICLE VII. ENFORCEMENT
SECTION 49. Section 33-49, Notice of Violations, is
hereby created to read as follows:
24
372
Whenever the Pretreatment Coordinator or his agent finds
that any industrial user has violated or is violating this
chapter, or a wastewater ..permit or order issued hereunder,
the Pretreatment Coordinator':'or' h'is agent may serve upon
said user written notice of the violation. Within ten (10)
days from the receipt date of this notice, an explanation of
the violation and a plan for the satisfactory correction and
prevention thereof, to include specific required actions,
shall be submitted to the Pretreatment Coordinator.
Subm--ssion of this plan in no way relieves the user of
liability for any violations occurring before or after
receipt of the notice of violation."
SECTION 50. Section 33-50, Consent Orders, is hereby
created to read as follows:
"The Director and/or the Pretreatment Coordinator are hereby
empowered to enter into consent orders, assurances of
voluntary compliance, or other similar documents
establishing an agreement with the industrial user
responsible for the noncompliance. Such orders will include
specific action to be taken by the industrial user to
correct the noncompliance within a time period also
specified by the order."
SECTION 51. Section 33-51, Show Cause Hearing, is
hereby created to read as follows:
"(a) The Director and/or the Pretreatment Coordinator may
order any industrial user which causes or contributes to
violation of this chapter, or order or wastewater permit
issued hereunder, to show cause why a proposed enforcement
action should not be taken. Notice shall be served on the
user specifying the time and place for the hearing, the
proposed enforcement action and the reasons for such action,
and a request that the user show cause why this proposed
enforcement action should not be taken. The notice of the
hearing shall be served personally or by registered or
certified mail (return receipt requested) at least ten (10)
days prior to the hearing.
Such notice may be served on any principal executive,
general partner or corporate officer. in the event a duly
notified industrial user does not appear as noticed,
immediate enforcement action may be pursued.
(b) At any hearing held pursuant to this chapter, testimony
taken must be under oath and either audio records or
stenographically recorded. The transcript, so recorded,
will be made available to any party of the hearing and any
member of the public upon payment of the usual charges
thereof."
SECTION 52. Section 33-52, Compliance Order, is hereby
created to read as follows:
"When the Director and/or the Pretreatment Coordinator finds
that an industrial user has violated or continues to violate
this chapter or a permit or order issued thereunder, either
the Director or the Pretreatment Coordinator may issue an
order to the industrial user responsible for the discharge
directing that, following a specified time period, sewer
service shall be discontinued unless adequate treatment
facilities, devices or other related appurtenances have been
installed and are properly operated. Orders may also
contain such other requirements as might be reasonably
necessary and appropriate to address the noncompliance,
including the installation of pretreatment technology,
additional self-monitoring and management practices."
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373
SECTION 53. Section 33-53, Cease and Desist Orders, is
hereby created to read as follows:
"When the Director and/or the Pretreatment Coordinator finds
that an industrial user has violated or continues to violate
this chapter or [provisions or requirements] in any permit
issued hereunder, the Director and/or the Pretreatment
Coordinator may issue an order to cease and desist all such
violations and direct those persons in noncompliance to:
(1) Comply forthwith;
(2) Comply in accordance with a compliance time schedule
set forth in the order;
(3) Take such appropriate remedial or preventive action as
may be needed to properly address a continuing or
threatened violation, including halting operations and
terminating the discharge."
SECTION 54. Section 33-54, Administrative Penalties,
is hereby created to read as follows:
"Any user who is found to have violated any provision of
this chapter, or the order and permits issued hereunder,
shall be fined in an amount not to exceed five thousand
dollars ($5,000.00) per violation. Each day on which
noncompliance shall occur on continue shall be deemed a
separate and distinct violation. Such assessments may be
added to the user's next scheduled sewer service charge and
the Director shall have such other collection remedies as he
has to collect other service charges."
SECTION 55. Section 33-55, Emergency Suspensions, is
hereby created to read as follows:
"(a) The Director may suspend the wastewater treatment 1C
service and/or wastewater permit whenever such suspension is
necessary in order to stop an actual or threatened discharge
presenting -or causing any of the following conditions:
(1) An imminent or substantial endangerment to the health
of welfare of persons or the environment.
(2) An interference or pass through.
(3) A violation of any condition of the POTW's KPDES
permit.
(b) Any user notified of a suspension of the wastewater
treatment service and/or the wastewater permit shall
immediately stop or eliminate its contribution. A hearing
will be held within fifteen (15) days of the notice of
suspension to determine whether the suspension may be lifted
or the user's waste discharge permit terminated. In the
event of a failure of the person to comply voluntarily with
the suspension order, the Director shall take such steps as
deemed necessary, including immediate severance of the sewer
connection, to prevent or minimize damage to the POTW system
or endangerment to any individuals. The Director shall
reinstate the wastewater permit and/or the wastewater
treatment service upon proof of the elimination of the
noncomplying discharge.
(c) An industrial user which is responsible, in whole or in
part, for imminent endangerment shall submit a detailed
written statement describing the causes of the harmful
contribution and the measures taken to prevent any future
occurrence to the Director prior to the date of the hearing
described in paragraph (b) above."
26
374
SECTION 56. Section 33-56, Termination of Permit, is
hereby created to read as follows:
"Any user who violates the 'fbllowing conditions of this
chapter or a wastewater discharge permit or order, or any
applicable or state and federal law, is subject to permit
termination:
(1) Failure to accurately report the wastewater
constituents and characteristics of its discharge.
(2) Failure to report significant changes in operations or
wastewater constituents and characteristics.
(3) Refusal of reasonable access to the user's premises for
the purpose of inspection, monitoring or sampling.
(4) Intentional violation of permit conditions."
SECTION 57. Section 33-57, Judicial Remedies, is
hereby created to read as follows:
"If any person discharges sewage, industrial wastes or other
wastes into the wastewater disposal system contrary to the
provision of this chapter or any order or permit issued
hereunder, the Director, through the City Attorney, may
commence an action for appropriate legal and/or equitable
relief in the Circuit Court for McCracken County."
SECTION 58. Section 33-58, Injunctive Relief, is
hereby created to read as follows:
"(a) Whenever an industrial user has violated or continues
-1 to violate the provisions of this chapter or an order or
permit issued hereunder, the Director, through the City
Attorney, may petition the court for the issuance of a
preliminary or permanent injunction, or both (as may be
appropriate), which restrains or compels the activities on
the part of the industrial user. In the event the Director
chooses to correct the violation himself, the cost -of such
correction may be added to the next scheduled sewer service
charge payable by the persons) causing the violation.
(b) The Director shall have such remedies to collect these
fees as it has to collect other sewer service charges."
SECTION 59. Section 33-59, Civil Penalties, is hereby
created to read as follows:
"(a) Any industrial user who has violated or continues to
violate this chapter, or any order or permit issued
hereunder, shall be liable to the City for civil penalty of
not less than one thousand dollars ($1,000.00) or more than
five thousand dollars ($5,000.00) plus actual damages
incurred by the POTW per violation per day for as long as
the violation(s) continues.
In addition to the above-described penalty and damages, the
Director may recover reasonable attorney's fees, court costs
and other expenses his enforcement activities may require,
including special sampling and monitoring expenses.
(b) The Director, through the City Attorney, shall petition
the court to impose, assess and recover such sums. In
determining amount of liability, the court shall take into
account all relevant circumstances, including, but not
limited to, the extent of harm caused by the violation,
27
375
the magnitude and duration, any economic benefit gained
through the industrial user's violation, corrective actions
by the industrial user, the compliance history of the user,
and any other factor as justice requires."
SECTION 60. Section 33-60, Criminal Violations, is
hereby created to read as follows:
"(a) Any industrial user who willfully or negligently
violates any provision of this chapter, or any orders or
permits issued hereunder, shall upon convictic-s, be guilty
of a misdemeanor punishable by a fine not to exceed one
thousand dollars ($1,000.00) per violation per day or
imprisonment for not more than one (1) year, or both.
(b) In the event of a second conviction, the user shall be
punishable by a fine not to exceed three thousand dollars
($3,000.00) per violation per day or imprisonment for not
more than three years or both."
SECTION 61. Section 33-61, Falsifying Information, is
hereby created to read as follows:
"(a) Any industrial user who knowingly makes any false
statements, representations or certifications in any
application, record, report, plan or other document filed or
required to be maintained pursuant to this chapter, or
wastewater permit, or who falsifies, tampers with or
knowingly renders inaccurate any monitoring device or method
required under this chapter, shall upon conviction be
punished by a fine of not more than one thousand dollars
($1,000.00) per violation per day or imprisonment for not
more than one (1) year, or both.
(b) In the event of a second conviction, the user shall be
punishable by a fine not to exceed three thousand dollars
($3,000.00) per violation per day or imprisonment for not
more than three (3) years, or both."
SECTION 62. Section 33-62, Additional Enforcement
Remedies, is hereby created to read as follows:
"(a) The Pretreatment Coordinator shall publish, at least
annually in the largest daily newspaper circulated in the
service area, a description of those industrial users which
are found to be in significant noncompliance, as defined by
Section 33-2 of this chapter, of any provisions of this
chapter or any order or permit issued hereunder during the
period since the previous publication.
(b) Any industrial user which experiences an upset in
operations that places it in a temporary state of
noncompliance, which is not the result of operational error,
improperly designed treatment facilities, inadequate
treatment facilities, lack of preventative maintenance, or
careless or improper operation, shall inform the
Pretreatment Coordinator thereof immediately upon first
awareness of the upset. Where such information is given
orally, a written report thereof shall be filed by the user
within five (5) days. The report shall contain:
(1) A description of the upset, its cause(s) and impact on �J
the discharger'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.
28
376
(3) All steps taken or planned timely complying with the
notification provisions of this section shall have an
affirmative defense to any enforcement action brought
by the Director anti'%or'""tW' Pretreatment Coordinator for
any noncompliance with this chapter, or an order or
permit issued hereunder, by the user, which arises out
of violations alleged to have occurred during the
period of the documented and verified upset."
ARTICLE VIII. FEES
SECTION 63. Section 33-63, Free Use of Sewers
Prohibited, is hereby created to read as follows:
"No free use of the services and facilities of the sewers
shall be granted or permitted to any user thereof."
SECTION 64. Section 33-64, Sewer Connection Charge, is
hereby created to read as follows:
"(a) Nothing in this Code or the Ordinance adopting this
code shall affect the validity of any Ordinance establishing
the amount to be paid for connecting to the City sanitary
sewers in any area or for any property, and such Ordinances
are hereby recognized as continuing in full force and effect
to the extent of the establishment and the amount of a sewer
connection fee.
(b) All fees for sewer connections shall be paid at the
Office of the Department of Environmental and Engineering
Services. Where new construction is involved, payment shall
be made before a building permit is obtained. The Director
and Chief Building Inspector shall coordinate their
1 activities and offices to ensure compliance.
(c) Fees for connecting to a sanitary sewer for which a fee
has been established shall be the amount established for a
single connection or service times the following factors:
(1) For single-family residential buildings, including
those wherein a home occupation may exist, and
churches, the factor shall be one (1).
(2) For all other residential, business or industrial uses,
the factor shall be the greater of:
a. The number of lots, or fractions thereof, within
the actual or required building or plant site as
subdivided at the time the fee was established;
b. The number of lots in said site as subdivided at
the time of connection, if the property was not
subdivided at the time the fee was established;
or,
C. One fee for the nearest hundred feet of front
footage on a street where lots face in a
subdivided area, or along a street where a
connection may be made in unsubdivided areas.
Provided, however, there shall be at least one connection
fee per connection regardless of lot size; and further
provided, that the factor for determining a maximum fee
shall be established by dividing the front footage by fifty
(50) feet.
(d) Paragraph (c) of this section shall not apply to
connection charges that are set by the Board of
Commissioners on a per -establishment or per -residential unit
basis.
29
377
(e) In the event any person has connected or connects to the
City sanitary sewers without paying the appropriate sewer
connection fee to the City, in addition to such fee, such
person shall be obligated to pay to the City a sum equal to
two hundred fifty dollars ($250.00), and additionally, shall
pay to the City all charges that the City would have
otherwise collected for the period of time that such person
used the City sanitary sewers by virtue of the sewer
connection, plus penalty and interest, which sewer charges,
penalty and interest shall be calculated in conformance with
the applicab:�- City rates for that period of time."
SECTION 65. Section 33-65, Purpose in Establishing
Rates, is hereby created to read as follows:
,,It is the purpose of the City in establishing the rates and
charges for sanitary sewer service, as set forth in Section
33-67, to establish such rates and charges as are shown to
be sufficient to produce aggregate sewer service revenues
sufficient to provide for the payment from time to time of
all costs of operating the municipal sewers (including
treatment facilities) and maintaining the same in a good
state of repair; to provide for the setting aside of
adequate moneys for improvements, extensions and betterment
as the same be required; to provide for the payment of the
principal of and interest on such revenue bonds as the City
may issue and have outstanding which, by their terms, are
payable from sewer service revenues; and to provide sound
and adequate reserves for all of such purposes as
recommended by the City's consulting engineers and fiscal
agents."
SECTION 66. Section 33-66, Findings of Fact; Basis of
Charge, is hereby created to read as follows:
"(a) The volume of flow used in ascertaining and measuring
use of the facilities and services of the City sewers, and
of exacting compensation for such use, shall be based upon
the quantity of water supplied to the premises of the
respective sewer users, as shown by the periodic meter
readings of the parties supplying water service, provided a
minimum monthly sewer service charge has been exceeded.
Municipal rates and charges for such use and service are
herein established on such basis, subject to the exceptions
particularly referred to and provided for in this article.
(b) Where the person discharging industrial wastes into the
sanitary sewers of the City, all or part of which is
discharged into the sanitary sewer, the person discharging
said waste may be required to install and maintain, at his
expense, water meters of a type approved by the City for the
purpose of determining the proper volume of flow being
charged. The City has a right to read such private meter."
SECTION 67. Section 33-67, Rates Established for
Premises Inside City Limits, is hereby created to read as
follows:
"Rates and charges for use of the service and facilities of
the municipal sewer system for premises inside the corporate
limits of the City, as such limits presently exist and as
the same may be extended from time to time in the future,
shall be at the rate of one dollar and ten cents ($1.10) per
one thousand (1,000) gallons of water used, provided the
minimum sewer bill shall be five dollars and fifty cents
($5.50) per month for the first five thousand (5,000)
gallons or less of water consumption per month."
30
378
SECTION 68. Section 33-68, Determination of Rates for
Premises Outside City Limits, is hereby created to read as
follows:
"The Citrecognizes
. ,,.. ,.
y reco gnizobligation to provide for the
drainage or treatment nof sanitary sewage flowing from any
source outside the corporate limits of the City, but in the
interests of the public health, safety and general welfare
of the citizens and inhabitants of the City, applications
for permissio-• to connect any such premises to the City
sewers may be made, and if the Board of Commissioners shall,
in it sole discretion, determine that permitting any such
connection is desirable in such interest of the citizens and
inhabitants of the City, such application may be approved
and such connection may be permitted upon compliance with
the requirements of this and by paying a reasonable
connection fee and sanitary sewer service rates, as
determined by the Board of Commissioners."
SECTION 69. Section 33-69, Changing Rates, is hereby
created to read as follows:
"It is recognized that the aggregate of the City's sewer
service revenues must be at all times sufficient to
accomplish the purposes enumerated in Section 33-66, and if
at any time it shall be determined that the sewer service
rates established in this article are insufficient to
accomplish such purposes, then the Board of Commissioners
will make such adjustments as may be necessary.
SECTION 70. Section 33-70, Adjustment When More Than
Thirty -Five Percent of Water Does Not Flow into Sewers, is hereby
created to read as follows:
"Where more than thirty-five (35) percent of the water used
by the owner or occupant of any premises during the month
does not flow into the municipal sewers, the percentage in
excess of thirty-five (35) percent may be excluded from the
calculation of the sanitary sewer service rates and charges
provided for in this article.
it shall be the burden of the owner or occupant of any such
premises to prove to the City that more than -thirty-five
(35) percent of the water used on such premises during the
month does not flow into the municipal sewer, and such
burden shall be deemed to be met only upon a showing by the
sanitary sewer user, to the satisfaction of the City, that
the quantity thereof is accurately measured by means of a
standard water meter. In the event the sanitary sewer user
has no such evidence, a standard water meter for such
purpose may be provided by the sewer user for such purpose,
if provided and installed without cost to the City, and to
the City's satisfaction. In no case, however, shall the
sanitary sewer rates and charges provided for in this
article be calculated upon less than thirty-five (35)
percent of the water used by the owner or occupant of any
premises during the year."
SECTION 71. Section 33-71, Special Rates for Unusual
Users or Occupancies, is hereby created to read as follows:
"Whenever it is determined by the City to be necessary to
classify any commercial institutions or industries by reason
of the unusual purpose for which water is used or the
character of the commercial and industrial wastes which are
discharged therefrom or whenever the established schedule of
sanitary sewer services rates and charges for any reason are
not applicable, special sewer service rates, rentals, or
31
379
other charges may be established by the Board of
Commissioners, and any person being dissatisfied with the
established schedule of sanitary sewer service rates,
rentals, or other charges by reason of peculiar or unusual
use of occupancy of any premises, and consequently alleging
peculiar or unusual uses of water, may file application with
the City for special sanitary sewer service classification
rates, rentals, and charges. The Board of Commissioners may
take such action thereon as it sees fit."
SECTION 72. Section 33-72, Billing Generally, is
hereby created to read as follows:
"In all cases of premises where water service is supplied by
the City, the charges for sewer service shall be billed
together with the charges for water service, and on the same
bill form."
SECTION 73. Section 33-73, Billing Period; Special
Rates When Water Meter Not Read Monthly, is hereby created to
read as follows:
"The rates and charges established by this Article are for a
monthly period corresponding, as to the respective premises,
with the water meter reading period of the party supplying
water service to the same premises.
If it shall at any time be made to appear that water meter
readings of the supplier of water to any premises are
otherwise than upon a monthly basis, the City reserves the
right to prescribe special rates and charges conforming to
the factual situation and calculated, as nearly as may be,
to produce income and revenues for sewer usage comparable to
the rates and charges prescribed by this Article on a
monthly basis."
SECTION 74. Section 33-74, When Due and Payable, is
hereby created to read as follows:
"Bills for sanitary sewer service, according to the rates
and charges established in this Article, shall be due.and
payable at the Office of the Waterworks Commissioners within
ten (10) days after the bill is issued,. except that, if the
tenth day shall be a Sunday, legal holiday, or other
occasion when the Office of the Waterworks Commissioners is
not open for business, payment shall be made not later than
the next business day thereafter."
SECTION 75. Section 33-75, Discontinuance of Water
Service for Failure to Pay, is hereby created to read as follows:
"If any monthly bill for sanitary sewer service shall remain
unpaid on the tenth day after issuance of the next ensuing
monthly bill for the same premises, notice shall be given to
the delinquent sewer user that water service to the premises
will be discontinued unless all unpaid bills for sewer
service shall be paid immediately, and if such payment is
not made in full within seven (7) days after such notice is
given, the party supplying water service to the premises
involved (whether the Waterworks Commissioners or any other
supplier of water service) shall be ordered and directed to
discontinue water service to the premises. Thereafter, the
water supplier do discontinuing water service to such
premises shall not restore water service to such premises
until advised by the City Treasurer that all delinquent
sewer bills have been paid in full, and then only in the
event the delinquent sewer user shall pay, additionally,
such reasonable charge as may be prescribed by the water
supplier to cover the estimated cost of sending someone to
the premises to restore the water connection.
32
3
im
If it shall be made to appear that the delinquent sewer user
has moved out of the City, or to other premises in the City
where a sewer connection does not exist or is not available,
the supplier of water service may restore the water service
connections to any new occupant of the same premises, if
such new occupant is not also similarly delinquent in the
payment of a bill for sanitary sewer service otherwise owed
to the City."
'r, SECTION 76. Section 33-76, Fees; Waste Haulers, is
/ hereby created to read as follows:
"The applicable fees pertaining to waste haulers discharge
into the City's wastewater disposal system shall be as
follows:
a. An application fee of $125.00 shall accompany each
permit application to cover the cost of the discharge
permit for a period of one year. New permit
applications received during the year shall be pro-
rated based on the number of full months remaining
during the permit period.
b. The charge for treatment of domestic septic or holding
tank waste shall be $16.00 per 1000 gallons discharged.
C. The charge for treatment of grease trap waste from
restaurants and other food handling establishments
shall be $16.00 per 1000 gallons discharged.
d. The charge for other types of wastes shall be
determined on a case by case basis.
Each waste hauler shall be billed for costs related to
treatment of hauled waste on or about the 10th day of each
month."
SECTION 77. Section 33-77, Industrial Discharge Permit
Fees, is hereby created to read as follows:
"No Industrial Discharge Permit shall be issued unless the
fee as determined herein is fully paid to the City. The fee
to be paid for any permit issued hereunder shall be
determined as follows:
(a) For a three-year term, the fee shall be seven hundred
fifty dollars ($750.00).
(b) For a term which is less than three (3) years, the fee
shall be the number of days from the date of
commencement to the date of termination of the permit,
divided by 1095 (approximate days of three-year term),
multiplied by seven hundred fifty dollars ($750.00);
subject however, to a minimum fee of two hundred fifty
dollars ($250.00)."
SECTION 78. Section 33-78, Excessive Strength
Surcharge, is hereby created to read as follows:
"When an industrial user is allowed by its discharge permit
to discharge compatible pollutants in excess of the limits
established in Section 33-9, the industry shall be assessed
a monthly surcharge in addition to the standard sewer rates.
The surcharge rate shall be updated annually and shall be
based on a twelve month average cost to treat one pound of
compatible pollutant. The surcharge shall be at the rate of
eighteen cents ($0.18) per pound of compatible pollutant."
33
381
SECTION 79. Section 33-79, Additional Fees for
Pretreatment Administration, is hereby created to read as
follows:
"In accordance with the City's KPDES permit, the City may
establish certain fees for the recovery of costs from the
users of the POTW for the conduct of the requirements of the
pretreatment program established herein. These additional
fees will be calculated considering the City's cost of
providing program services and may include the following:
T\
a. Fees for reimbursement of costs of setting up and
operating the City's pretreatment program;
b. Fees for monitoring, inspections and surveillance
procedures;
C. Fees for reviewing accidental discharge procedures and
construction;
d. Fees for filing appeals;
e. Other fees as the City may deem necessary to carry out
the requirements contained in this Ordinance."
SECTION 80. This ordinance shall be read on two
separate days and will become effective upon summary publication
pursuant to KRS Chapter 424.
Introduced by the Board of Commissioners November 12, 1991
Adopted by the Board of Commissioners November 26, 1991
Recorded by Lenita Smith, City Clerk, November 26, 1991
Published by the Paducah Sun /--? - ---� -9/
34