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Help & SupportChapter 11-3 Industrial and Prohibited Discharges10
(a) This chapter sets forth uniform requirements for direct and indirect discharges into the city wastewater collection and treatment system and enables the city to comply with all applicable federal and state laws. The chapter is necessary to protect the health, safety and welfare of the residents of the city. This chapter authorizes the issuance of industrial discharge permits; provides for monitoring, compliance and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for equitable fees to fund the program established herein.
(b) The purposes of the chapter are to:
(1) Provide for and promote the general health, safety and welfare of the citizens residing within the city and downstream water users and residents;
(2) Prevent the introduction of pollutants into the publicly owned treatment works (POTW) that will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system or interfere with beneficial uses of the receiving waters;
(3) Prevent the introduction of pollutants into the POTW that will interfere with the operation of the system, including interference with its use or disposal of biosolids;
(4) Improve the opportunity to recycle and reclaim wastewaters and biosolids from the system;
(5) Provide for equitable distribution of cost of the wastewater utility among users;
(6) Protect city personnel who may work with wastewater and biosolids in the course of their employment;
(7) Prevent the introduction of wastes that may adversely affect the environment or may cause a violation of the city's National Pollution Discharge Elimination System ("NPDES") permit or may contribute to the need for modification of that permit;
(8) Provide revenues derived from the application of this section to defray the city's cost of operating and maintaining adequate wastewater collection and treatment systems and to provide funds for capital outlay, bond debt service costs, capital improvements and depreciation for the equitable distribution of the cost of operation, maintenance and improvement of the POTW; and
(9) Promote pollution prevention through source reduction and waste minimization.
Ordinance No. 5771 (1995); 7596 (2008)
11-3-2 Application of Chapter.
The provisions of this chapter apply equally to all users of the city wastewater utility, including, without limitation, the POTW, whether inside or outside the city. The city may deny or condition new or increased contributions of pollutants, or changes in the nature of pollutants, which are discharged to the POTW by users.
Ordinance Nos. 5397 (1991); 5771 (1995)
(a) The following terms used in this chapter have the following meanings unless the context clearly indicates otherwise:
"Act" or "the act" means the Federal Water Pollution Control Act. P.L. 92-500, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.
"Ammonia" (NH3N) means the measure of the total nitrogen component of ammonia expressed in milligrams per liter measured in accordance with procedures set forth in the most recent edition of the EPA Methods for Chemical Analysis of Water and Wastes or 40 CFR 136.
"Authorized representative of industrial user" means either a principal executive officer of at least the level of vice president, if the industrial user is a corporation; a general partner or proprietor, if the industrial user is a partnership or proprietorship; or a duly authorized representative, if such representative is responsible for the overall operation of the facilities from which any direct or indirect discharge originates.
"Average strength sewage" means sewage containing wastes in amounts less than or equal to two hundred thirty mg/l BOD or four hundred ninety mg/l COD, and two hundred twenty mg/l TSS, and twenty-five mg/l NH3-N.
"Best Management Practices" or "BMPs" means schedules of activities, prohibitions of practices, maintenance proce-dures and other management practices to implement the prohibitions listed in sections 11-3-4, "General Prohibitions," and 11-3-5, "Specific Pollutant Limitations and Maximum Allowable Industrial Loadings," B.R.C. 1981 or other rules and requirements of this chapter. BMPs also include treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or waste disposal or drainage from raw materials storage.
"Biochemical Oxygen Demand (BOD)" means the quantity of oxygen used in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20°C (68°F) expressed in milligrams per liter.
"Bypass" means the intentional diversion of waste streams from any portion of a user's treatment facility.
"Categorical standard" - see definition of "federal categorical pretreatment standard."
"Chemical Oxygen Demand (COD)" means the measure of the oxygen equivalent to the portion of organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant under laboratory procedures, expressed in milligrams per liter.
"City manager" means the city manager or his or her designee.
"Commercial facility" means a place or structure(s) having an address where business is conducted for profit, and such business is neither classified as a significant industrial user nor as a categorical industry.
"Compatible pollutants" or "conventional pollutants" means biochemical oxygen demand (BOD), total suspended solids (TSS), pH, fecal coliform and oil and grease (O/G), plus additional pollutants identified in the city's NPDES permit if the POTW is designed to treat such pollutants, and in fact does remove such pollutants to a substantial degree.
"Composite sample" means a representative flow-proportioned or time-proportioned sample collected within a twenty-four hour period composed of a minimum of four individual grab samples collected at equally spaced intervals and combined according to flow or in equal volumes.
"Contributor" means any person who contributes or causes the contribution of wastewater to the POTW.
"Cooling water" means the water discharged from any use, including without limitation, air conditioning, cooling, or refrigeration, or to which the only pollutant added is heat.
"Daily maximum limit" or "daily maximum" means the maximum allowable discharge of pollutant(s) during a calendar day. Where daily maximum limitations are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limitations are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.
"Deleterious substance" means any substance capable of causing physical, chemical or biological contamination or degradation to the environment; a deleterious (acute or chronic) effect on fish, bird, wildlife, plant life; or that would otherwise interfere with the beneficial use of receiving waters.
"Dilution" means to alter or reduce the concentration of any wastewater stream by adding water or by mixing it with other waste streams.
"Direct discharge" means the discharge of treated or untreated wastewater or any other pollutant directly to waters of the state.
"Discharge" means, including without limitation, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment or to the POTW.
"Discharger" means any person who discharges or causes the discharge of wastewater to the POTW.
"Domestic wastes" means liquid wastes: 1) from the noncommercial preparation, cooking, and handling of food, or 2) containing only human excrement and similar matter from the sanitary conveniences of dwellings, commercial buildings, industrial facilities, and institutions.
"Enforcement response plan" (ERP) means a written plan which contains detailed procedures indicating how the city manager will investigate and respond to instances of user noncompliance.
"Environmental Protection Agency" (EPA) means the U.S. Environmental Protection Agency, or where appropriate, the administrator or other duly authorized official of the agency.
"Excess user charge" means the rate system used to charge significant industrial users whose sewage strength is higher than average strength sewage.
"Facility" means any building, structure, installation, equipment, pipe or pipeline including, without limitation, any pipe into a sanitary sewer or any portion of the POTW, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock or aircraft.
"Federal categorical pretreatment standard" or "categorical standard" means any regulation containing pollutant discharge limits promulgated by EPA in accordance with section 307(b) and (c) of the Act (33 U.S.C. 1317) which apply to a specific category of users, which currently appear in 40 C.F.R., Chapter I, subchapter N.
"Flow" means volume of water, wastewater or other liquid in a given period of time and may be expressed as gallons per day, cubic feet per second or other appropriate measure.
"Flow recorder" means a device installed on a user's wastewater discharge line in such a manner as to accurately determine wastewater flow entering the POTW.
"Four day average limit" means the average of any four consecutive days of sampling and analysis collected during a given period of time (week, month, quarter, etc.) for specified industrial sources, e.g., electroplating.
"Garbage" means putrescible animal or vegetable waste from the preparation, cooking, and serving of food or the storage or sale of produce.
"Grab sample" means a sample taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.
"Grease/sand interceptor" means a tank that holds a minimum of seven hundred fifty gallons and that serves one or more fixtures and is remotely located. Interceptors include, without limitation, tanks that capture wastewater from dishwashers, floor drains, pot and pan sinks and trenches, or wastewater from vehicle maintenance facilities, car washes or activities with a petroleum wash away byproduct.
"Grease trap" means a device designed to retain grease from one to a maximum of four fixtures. A grease trap is not appropriate for use on heated water fixtures, including, without limitation, dishwashers, or those fixtures connected prior to waste disposal units, including, without limitation, garbage disposals and grinders.
"Hauled waste" means any waste transported and discharged to the POTW from the place of origin or storage via rail, truck, or other mode of transportation.
"Hazardous pollutants" means any constituent or combination of constituents that is classified as hazardous under state or federal regulations or is included on the federal list of toxic pollutants as currently specified in 40 C.F.R. part 122, appendix D.
"Hazardous waste" means a waste that is classified as hazardous under federal regulations or is included in the federal list of hazardous waste as currently specified in 40 C.F.R. 261, subparts C and D.
"Holding tank waste" means any waste from holding tanks such as vessels, truck tanks, chemical toilets, campers, trailers, septic tanks and vacuum pump tank trucks.
"Incompatible pollutant" means any waste product that cannot be easily or adequately treated by the city's POTW, including, without limitation, non-biodegradable dissolved solids.
"Indirect discharge" means the discharge or the introduction of pollutants from any source, including, without limitation, those regulated under section 307(b) or (c) of the Act (33 U.S.C. 1317), into the POTW. The term "indirect discharge" also includes holding tank wastes discharged into the POTW.
"Industrial" means of or pertaining to industry, manufacturing, commerce, trade, or business, as distinguished from domestic or residential.
"Industrial category" means any of industrial groups designated by the EPA under section 307 of the Act.
"Industrial discharge permit" means the document issued to a user by the city in accordance with the terms of this chapter.
"Industrial user" means a contributor to the POTW that discharges industrial wastes.
"Industrial waste" or "wastewater" means all water-carried wastes and wastewater derived from any producing, manufacturing, processing, institutional, commercial, agricultural, or other non-domestic operation. Industrial wastewater may also include wastes of human origin similar to domestic wastewater which have been mixed with industrial wastes or wastewater prior to discharge to the POTW. Only wastes and wastewater derived solely from residential uses are excluded from this definition.
"Instantaneous maximum allowable discharge limit" means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.
"Interceptor" means a containment device designed to intercept, trap or otherwise prevent grease, sand, flammable liquids, or other substances potentially harmful to the POTW from entering a sanitary sewer.
"Interference" means an act or discharge which alone or in conjunction with other discharges that harms or disrupts the facilities, processes, or operations; or has an adverse effect on the quality of the effluent, biosolids, air emissions, or other residuals generated by the POTW; or has an adverse effect on the receiving waters; or is likely to endanger life, health, or property or otherwise cause a nuisance; or results in violation of the city's NPDES permit or other permits; or, in the opinion of the city manager, otherwise adversely affects the city's ability to meet the objectives of this chapter.
"Mass discharge rate" means the weight of material discharged to the POTW during a given time interval. Unless otherwise specified, the mass discharge rate shall mean pounds per day of a particular constituent or combination of constituents.
"Mass limitations" means any EPA limit imposed pursuant to section 307(b) of the Act on discharge of pollutant mass or mass limits deemed necessary by the city manager to meet NPDES permit requirements.
"Monthly average" means the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.
"Monthly average" limit means the highest allowable monthly average which has been established for the relevant parameter and may be expressed by concentration, mass loading or other appropriate unit of measure.
"National Pollutant Discharge Elimination System (NPDES)" means the program for issuing, conditioning, and denying permits for the discharge of pollutants from point sources into navigable waters or the contiguous zone and the oceans pursuant to section 402 of the Act.
"National Pollutant Discharge Elimination System (NPDES) permit" means a permit issued under the National Pollutant Discharge Elimination System for discharge of wastewaters to the navigable waters of the United States pursuant to the Act.
"National pretreatment standard," "pretreatment standard," or "standard" means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with sections 307(b) and (c) of the Act (33 U.S.C. 1317), which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR 403.5.
"New source" means any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards which will be applicable to such source if such standards are thereafter promulgated, provided that:
(1) The building, structure, facility or installation is constructed at a site at which no other source is located; or
(2) The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
(3) The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing facility, and the extent to which the new facility is engaged in the same general type of activity as the existing source shall be considered.
"Pass through" means the discharge of pollutants through the POTW into the receiving stream in quantities or concentrations which alone or in conjunction with other discharges from other sources that are a cause of or significantly contribute to a violation of any requirements contained in the city's NPDES permit.
"pH" means the intensity of acid or base condition of the solution expressed as the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in moles per liter of solution.
"Phenols" means total hydroxy derivatives of benzene and its condensed nuclei (including phenol, chlorinated phenols, nitrophenols and chlorinated cresols) identified in table 1, section 307 of the Act which are detectable by EPA approved methods.
"Pollutant" means dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage, biosolids, garbage, trash, chemical waste, biological nutrient, biological material, radioactive material, heat, wrecked or discarded equipment, rock, sand, or any industrial, municipal, or agricultural waste.
"Pollution" means the man-made, man-induced, or natural alteration of the physical, chemical, biological, and radiological integrity of water.
"Pollution prevention" means the application of source reduction and recycling during day-to-day operations which reduces the need for treatment and disposal of wastes without transferring contamination to air, water, solid waste, or hazardous waste.
"POTW" or "publicly owned treatment works" means the city's wastewater treatment system. This includes, without limitation any device and system used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes without limitation the wastewater treatment plant, sewers, pipes, and conveyances to the POTW.
"Premises" means a parcel of real estate including any improvements thereon which is determined by the city to be a single user for purposes of receiving, using, and paying for POTW services.
"Pretreatment" or "treatment" means the reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of the pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the POTW, which may be obtained by physical, chemical or biological processes or other means not including dilution.
"Pretreatment requirement" or "requirement" means any substantive or procedural pretreatment requirement other than a national pretreatment standard.
"Priority pollutants" means any of the toxic compounds designated by EPA, pursuant to section 307 (a) of the Act, that can reasonably be expected in the discharges from industries.
"Process water" means water used in any manufacturing, forming or thermal process, or any other operation during which its characteristics are modified.
"Receiving waters" means lakes, rivers, streams, or other watercourses that receive treated or untreated wastewater.
"Revoke" or "revocation of permit" means the cancellation or nullification of the user's permit, which effectively terminates all rights and privileges of the user to discharge to the POTW on a permanent basis.
"Sanitary sewer" means a sewer which is designed to carry wastewater discharges from residential, commercial and industrial businesses to the POTW.
"Septic tank waste" means any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
"Service line" or "private sewer" means a sewer line commencing at and collecting wastewater from a structure or facility and intended for discharging wastewater into the city POTW.
"Significant change" means an increase or decrease in wastewater volume, concentration of materials or substance, or changes in types of wastes.
"Significant industrial user" means:
(1) A user whose discharge is subject to categorical pretreatment standards; or
(2) A user who either discharges on average at least twenty-five thousand gallons of process water (excluding sanitary, non-contact cooling and boiler blowdown wastewater) per day to the POTW; or contributes process water amounting to at least five percent of the average dry weather hydraulic or organic capacity of the POTW; or
(3) A user who is designated as such by the city manager on the basis that the user's discharge can, or has a reasonable potential to, adversely affect the operation of the POTW or that the industrial user violated any pretreatment standard or requirement.
(4) "Nonsignificant categorical industrial user." The city manager may determine that an industrial user subject to categorical pretreatment standards is a nonsignificant categorical industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:
(A) The industrial user, prior to the city manager's finding, has consistently complied with all applicable categorical pretreatment standards and requirements;
(B) The industrial user annually submits the certification statement required in section 11-3-18(e), "Reporting Requirements" B.R.C. 1981 [see also 40 CFR 403.12(q), together with any additional information necessary to support the certification statement; and
(C) The industrial user never discharges any untreated concentrated wastewater.
"Significant non-compliance" means:
(1) Chronic violations of wastewater discharge limits. For the purposes of this chapter, a chronic violation occurs when, during any six-month period, at least sixty-six percent of all sampling measurements for the same pollutant exceed by any magnitude a numeric pretreatment standard or requirement, including instantaneous limits, as defined in 40 CFR 403.3(1).
(2) Technical review criteria (TRC) violations. For the purposes of this chapter, a TRC violation occurs when, during any six-month period, thirty-three percent or more of all sampling measurements for each pollutant parameter either equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR 403.3(1) multiplied by the applicable criteria. TRC = 1.4 for BOD, TSS, fats, oil and grease; and 1.2 for all other pollutants except pH (pH has no TRC criteria).
(3) Any other violation of a pretreatment standard or requirement, as defined by 40 CFR 403.3(1) including without limitation, daily maximums, long-term monthly averages or instantaneous limits, that the city manager determines has caused, alone or in combination with other discharges, interference or pass through of the POTW, or endangered the health of city employees or the general public.
(4) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or the environment, or has resulted in the POTW's exercise of its emergency authority.
(5) Failure to meet, within ninety days, a compliance schedule as set forth in an industrial discharge permit, or an enforcement order for starting construction, completing construction or attaining final compliance.
(6) Failure to provide all required reports within thirty days after their due date.
(7) Failure to accurately report non-compliance.
(8) Any other violation(s) which may include a violation of BMPs, which the city manager determines will adversely affect the operation of the pretreatment program or implementation of this chapter.
"Slug load" or "slug discharge" means any discharge of a non-routine, episodic nature, including without limitation, an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any way violates the city's regulations, local limits, state or federal requirements, or the city's NPDES permit.
"Source reduction" or "waste minimization" means any action which causes a net reduction in the generation of waste.
"Standard Industrial Classification (SIC)" means a classification pursuant to the most recent edition of the Standard Industrial Classification Manual issued by the Executive Office of the President - Office of Management and Budget.
"State" means the State of Colorado.
"State waters" or "waters of the state" means any and all surface and subsurface waters which are contained in or flow in or through this state, but does not include waters in sewage systems, waters in treatment works of disposal systems, waters in potable water distribution systems, and all water withdrawn for use until use and treatment have been completed.
"Storm sewer" or "storm water sewer" means sewers, pipes and other conveyances which collect and convey storm waters, surface runoff, and other drainage.
"Storm water" means any flow occurring during or following any form of natural precipitation and resulting therefrom.
"Surcharge" means a charge for service in addition to the basic sewer user and debt service charge, for those users whose contribution contains biochemical oxygen demand (BOD), chemical oxygen demand (COD), total suspended solids (TSS), or ammonia nitrogen (NH3-N) in concentrations which exceed limits specified herein for such pollutants.
"Suspension of services" or "suspension" means a temporary physical interruption of sewer services without revoking the permit itself.
"Total Organic Carbon" (TOC) means a measure of the concentration of organic carbon in water, determined by oxidation of the organic matter into carbon dioxide (CO2). TOC includes all the carbon atoms covalently bonded in organic molecules.
"Total metals" means the sum of the concentrations of copper, nickel, total chromium, zinc, and cadmium.
"Total Suspended Solids (TSS)" means the total suspended matter, expressed in milligrams per liter, that floats on the surface of, or is suspended in, water, wastewater, or other liquids, and that is removable by laboratory filtering.
"Toxic pollutants" means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the Environmental Protection Agency under the provisions of section 307(a) of the Act (33 U.S.C. 1317) or other acts.
"User" means any person who discharges, contributes or causes the contribution of wastewater into the POTW, storm water sewer system, stream, ditch, or other watercourse.
"Waste" means any solid, liquid, semi-solid, or gaseous material or substance which has been discarded for any reason.
"Waste minimization" - see definition of "source reduction."
"Waste stream" means the liquid- or water-carried wastes from individual or combined sources from a residential, commercial, industrial, or institutional establishment.
"Wastewater" means the liquid- and water-carried industrial, domestic, or other polluted wastes or water from dwellings, commercial buildings, industrial plants, institutions, persons, or from other means, together with any groundwater, surface water, and storm water that may be present, whether treated or untreated, which is contributed into or may enter the POTW, storm water sewer system, stream, ditch, or other watercourse.
"Wastewater classification survey" means the questionnaire that each industrial user must complete and have on file at the city manager's office.
"Wastewater constituents and characteristics" means the individual chemical, physical, bacteriological and radiological parameters, including volume and flow rate, and such other parameters that serve to define, classify or measure the contents, quality, quantity and strength of wastewater.
"Wastewater Ordinance" means chapter 11-3, "Industrial and Prohibited Discharges," B.R.C. 1981.
"Wastewater system," "wastewater treatment system," or "wastewater utility" means any devices, facilities, structures, equipment, or works owned or used by the city for the purpose of the transmission, storage, treatment, recycling, or reclamation of wastewaters from within or without the city and includes land or sites that may be acquired or used, that will be an integral part of the treatment process, or that are used for ultimate disposal of residues resulting from such treatment.
"Watercourse" means a natural or artificial channel for the passage of water either continuously or intermittently.
(b) The following abbreviations have the following meanings:
"BMP" means best management practice.
"BOD" means biochemical oxygen demand.
"°C" means degrees Celsius.
"CFR" means the Code of Federal Regulations.
"CIU" means categorical industrial user.
"COD" means chemical oxygen demand.
"EPA" means the United States Environmental Protection Agency.
"°F" means degrees Fahrenheit.
"gpd" means gallons per day.
"l" means liter.
"lbs" means pounds.
"LEL" means lower explosive limit.
"mg" means milligrams.
"mg/l" means milligrams per liter.
"NH3-N" means the total nitrogen component of ammonia.
"NPDES" means national pollutant discharge elimination system.
"PCB" means polychlorinated biphenyl.
"POTW" means publicly owned treatment works.
"SIU" means significant industrial user.
"TOC" means total organic carbon.
"TSS" means total suspended solids.
Ordinance Nos. 5397 (1991); 5526 (1992); 5677 (1994); 5771 (1995); 7596 (2008)
(a) No user or other person, whether or not subject to federal categorical pretreatment standards, shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater that may interfere with the operation or performance of the POTW or pass through the treatment system untreated. These general prohibitions apply to all users of the POTW whether or not the user is subject to national categorical pretreatment standards or any other national, state or local pretreatment standards or requirements.
(b) No user or other person shall discharge any sewage, other polluted waters, or other deleterious substance from any premises within the city into or upon any public highway, street, sidewalk, alley, land, public place, stream, ditch, or other watercourse or into any cesspool, storm or private sewer, or natural water outlet, except where suitable treatment has been provided in accordance with provisions of applicable federal, state, and local laws.
(c) No user or other person shall discharge any sewage, polluted waters, or other deleterious substances in violation of an industrial discharge permit.
(d) No user shall violate applicable BMPs.
(e) No user or other person shall discharge into the POTW the following substances or any amounts of substances that do not comply with the following limits or prohibitions:
(1) Any liquids, solids, or gases that, by reason of their nature or quantity, are or may be sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the POTW. At no time may two successive readings on any explosion hazard meter, at the point of discharge into the sewer, or at any point in the system, be more than five percent, nor may any single reading exceed ten percent, of the lower explosive limit of the meter. Wastewaters discharged into the POTW may not have a flash point lower than (60°C)(140°F), as determined by analytical methods which shall be consistent with federal requirements. Prohibited materials include, without limitation, gasoline, fuel oils, mineral oil, lubricating oil, benzene, naphtha, ethers, carbides, perchlorates and xylene except as permitted by section 11-3-5, "Specific Pollutant Limitations and Maximum Allowable Industrial Loadings," B.R.C. 1981;
(2) Any wastewater having a pH less than 5.5 or greater than 10.5, except as permitted by section 11-3-5, "Specific Pollutant Limitations and Maximum Allowable Industrial Loadings," B.R.C. 1981, or wastewater having any other corrosive property capable of causing damage or hazard to structures, operations or personnel of the POTW;
(3) Solid or viscous substances that may obstruct the flow or interfere with the operation of the POTW, including, without limitation, cinders, sand, mud, cement, plaster, lime slurry or sludge, stone or marble dust, asphalt residues, tar, wax, paraffin, paint, chemical sludges or residues, metals, glass, plastics, wood, shavings, wastepaper, paunch manure, excessive manure, hair and fleshings, blood, intestinal contents, animal hooves or toenails, bones, hog bristles, hides or parts thereof, excessive amounts of animal fat or flesh or particles of such materials larger than will pass through a quarter inch screen, poultry entrails, heads, feet, or feathers, food processing bulk solids, or garbage that has not been ground or comminuted to a diameter of less than one-half inch;
(4) Any pollutant, including without limitation, oxygen-demanding pollutants (BOD, COD and TOC), released in a discharge at a flow rate or pollutant concentration that will interfere with the ability of the POTW to meet NPDES permit requirements;
(5) Wastewater having a temperature that will cause the temperature of the POTW influent to exceed 40°C (104°F) or will inhibit the biological activity of the wastewater treatment;
(6) Any storm waters, including, without limitation, surface runoff, roof leaders, catch basins, or any other source;
(7) Any wastewater containing radioactive wastes or isotopes of a half-life or concentration that exceeds provisions stated in Rules and Regulations Pertaining to Radiation Control (6 CCR 1007-1, Part 4), Colorado Department of Public Health and Environment, State of Colorado, as amended from time to time. Facilities with one discharge shall meet the state standards at the single discharge location. If discharges from multiple locations contain radioactive waste, the sum of all discharges shall meet the state standards;
(8) Any wastewater containing free, floating, or insoluble oil or oil or grease that will solidify or become discernibly viscous at temperatures between 0°C (32°F) and 65°C (150°F). In no case may wastewater contain concentrations of oils, fats, or grease that exceed 100 mg/l as determined by analytical methods approved by the city manager;
(9) Any wastewater with objectionable color not removable in the treatment process, including, without limitation, dye wastes, paint pigments, and vegetable tanning solutions;
(10) Any malodorous liquids, gases, or solids that either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or to prevent entry into the sewers for maintenance and repair or for sampling;
(11) Any wastewater containing BOD, suspended solids, or total solids of such character or quantity that unusual attention or expense is required to handle such materials at the POTW; but a user may be permitted by specific, written agreement with the city to discharge such materials and pay for costs incurred in the treatment of such wastes;
(12) Any substance that may cause the effluent or any other product of the POTW, such as sludges, scums and residues, to be unsuitable for reclamation and reuse. In no case may a substance discharged into the POTW cause the POTW to fail to comply with NPDES permit requirements, receiving-water quality standards or biosolids use and disposal criteria;
(13) Any subsurface drainage, including, without limitation, groundwater, water from underground drains, sump discharges, natural springs, water accumulated in excavations or any other drainage associated with construction except for groundwater accepted into the POTW pursuant to section 11-3-13, "Special Agreements and Contracts," B.R.C. 1981, and rules issued by the city manager pursuant to section 11-3-25, "Rules," B.R.C. 1981;
(14) Any wastes or pollutants transported by truck or otherwise hauled into the city, except at a discharge point designated by the city manager;
(15) Any discharges which produce toxic gases, vapors, or fumes that may endanger the health or safety of POTW workers;
(16) Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in amounts that will cause "interference" or "pass through" as defined in section 11-3-3, "Definitions," B.R.C. 1981; or
(17) Any hazardous waste as defined under federal or state laws, except as permitted by section 11-3-26, "Notification of Hazardous Waste," B.R.C., 1981.
(f) No user or other person shall discharge into the POTW any material or substance not specifically mentioned in this section that in itself is corrosive, irritating or noxious to human beings or animals or that by interaction with other water or waste in the POTW could produce undesirable effects or create any other condition deleterious to structures, treatment processes and the quality of the receiving stream.
(g) No user or other person shall make any false statement, representation or certification, knowing it to be false, in any application, record, plan, data or document filed or required to be maintained pursuant to this chapter.
(h) No user or other person shall falsify, tamper with or knowingly render inaccurate any monitoring device or method required under this chapter.
(i) The city manager may require any user or other person discharging a deleterious substance to connect discharges legally to the POTW before continuing to generate said deleterious substances.
Ordinance Nos. 5397 (1991); 5771 (1995); 7346 (2004); 7596 (2008)
11-3-5 Specific Pollutant Limitations and Maximum Allowable Industrial Loadings.
(a) No user of the POTW shall discharge wastewater containing pollutants that does not comply with the following specific pollutant limitations, based on a sampling methodology that is most representative of the actual discharge. The city manager may also prohibit in writing any pollutant discharged into the POTW that is within the concentration limitations but that interferes with the POTW plant process.
SPECIFIC POLLUTANT LIMITATIONS
| Flash Point (closed cup method) | Minimum = 60°C (140°F) |
| pH* | Minimum = 5.5 Maximum = 10.5 |
| Oil and Grease | Maximum = 100 mg/l |
| BTEX (benzene, toluene, ethlybenzene, xylenes) mixture | Maximum = 750 ug/l |
| Gas Meter Readings Lower Explosive Limit (LEL) | One reading maximum = 10% Two successive readings, maximum = 5% |
* When pH is monitored continuously, it shall be a permit violation if there are any continuous excursions more than five minutes where the pH is either greater than 10.5 or less than a pH of 5.5, unless otherwise stated in the industrial discharge permit. Excursions where the pH is less than 5.0 are violations regardless of duration.
(b) Maximum Allowable Industrial Loadings (lbs./day)
The city manager shall establish Maximum Allowable Industrial Loadings (MAILs) which are protective of the POTW, Boulder Creek and/or wastewater biosolids. MAILs shall be established in accordance with 40 C.F.R. § 403 and may evaluate loadings based on all applicable criteria including, but not limited to, biosolids regulations, NPDES permit requirements, in-stream water quality standards and designated stream uses. The city manager shall apportion MAILs to permitted significant industrial users within the users industrial discharge permit. Apportioned MAILs issued under industrial discharge permits shall be considered pretreatment standards, and as such are enforceable. The sum of all apportioned MAILs may not exceed the total MAILs listed below. The city manager may assign additional limits as deemed necessary to be protective of the POTW.
Maximum Allowable Industrial Loadings to be apportioned to permitted users (pounds per day).
| Arsenic: | 0.86 |
| Cadmium: | 0.57 |
| Chromium - Total: | 31.72 |
| Chromium - Hex: | 6.32 |
| Copper: | 5.36 |
| Lead: | 2.29 |
| Mercury: | 0.043 |
| Molybdenum: | 2.09 |
| Nickel: | 3.53 |
| Selenium: | 1.67 |
| Silver: | 0.64 |
| Zinc: | 27.32 |
Ordinance Nos. 5397 (1991); 5677 (1994); 5771 (1995); 7346 (2004); 7596 (2008)
11-3-6 Preemption by State or Federal Standards Unless City Standards More Stringent.
(a) All users shall comply with all applicable national categorical pretreatment standards as set forth in 40 CFR 400-499, except that the requirements of this chapter shall supercede such federal standards if such standards are less stringent than the requirements set forth in this chapter.
(b) If the federal government issues federal categorical pretreatment standards for an industrial category that are more stringent than the standards prescribed by this chapter, such federal standards supersede the standards prescribed by this chapter.
(c) The city manager reserves the right to establish discharge limitations more stringent than federal and state requirements, or limitations contained herein, if deemed necessary to comply with the objectives of this chapter.
Ordinance Nos. 5771 (1995); 7346 (2004); 7596 (2008)
No user shall increase the use of process water or attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with any applicable limitations. The city manager in consultation with the user shall determine whether a dilution has occurred.
Ordinance No. 5771 (1995); 7596 (2008)
(a) Each user shall ensure that the POTW is protected from accidental discharge of prohibited materials or other substances regulated by this chapter which are discharged by or from the user's facilities. Such protection, including without limitation, containment, storage and sealed drains, shall be provided and maintained by the user at the owner's or user's own cost and expense. Upon request by the city manager, a user may be required to submit detailed plans including staff training procedures and procedures for handling accidental discharges of materials or substances regulated by this chapter to the POTW.
(1) Each user shall permanently post a spill prevention and notification procedure in compliance with this section on its bulletin board and prominently display the procedure at each area of possible accidental discharge.
(2) In the case of an accidental discharge, no user shall fail to notify immediately by telephone the superintendent or supervisor at the POTW of the location of discharge, type of waste, concentration, volume and corrective actions. The city manager may revoke any discharge permit issued to the user for failure to report accidental discharges, in addition to any other remedies deemed appropriate.
(3) Within five working days following an accidental discharge, the user shall submit to the city manager a detailed written report describing the cause of the discharge and measures to be taken by the user to prevent similar future occurrences. Such notification does not relieve the user of any expense, loss, damage, or liability that may be incurred from damage to the POTW or quality of receiving stream or any other damage to persons or property. Such notification shall not relieve the user from any fines, civil penalties, or other liability that may be imposed by this chapter or other applicable law.
(b) The city manager may require installation, operation, and maintenance of facilities to prevent accidental discharge of such materials or substances, at the user's expense.
Ordinance No. 5771 (1995); 7596 (2008)
11-3-9 Treatment and Disposal of Amalgam Wastewater.
Discharge of wastewater containing dental amalgam shall follow the requirements set forth in Rules Concerning Treatment and Disposal of Amalgam Wastewater Within the City of Boulder, April 21, 2007, as amended from time to time.
Ordinance No. 7596 (2008)Discharge of septage tank waste shall follow requirements set forth in City of Boulder Policy and Procedure for Septage Waste Dumping, City of Boulder Wastewater Utility, February, 2002, as amended from time to time.
Ordinance Nos. 5677 (1994); 7346 (2004); 7596 (2008)
11-3-11 Grease/Sand Interceptors and Grease Traps.
(a) No person operating a filling station, garage or similar facility having wash or grease racks shall discharge into the POTW unless such person has installed and properly maintained a grease/sand interceptor or grease trap of a size and construction approved by the city manager, for such facility.
(b) No person operating a restaurant or food preparation establishment discharging wastewater containing greater than one hundred mg/l of oil and grease or that causes grease buildup or blockage of the POTW shall fail to install and maintain a grease/sand interceptor or grease trap.(c) All grease/sand interceptors or grease traps shall be properly inspected and serviced at a minimum of once every six months, and as additionally required to prevent excessive grease or sand from entering the POTW. Excessive grease is any discharge containing grease in excess of one hundred mg/l or which causes grease buildup or blockage of the POTW. Excessive sand is any discharge of sand which causes a blockage or obstruction of the POTW. Records of maintenance and service shall be kept on file by the owner or operator for a minimum of three years and shall be made available for review by the city manager.
Ordinance No. 5771 (1995); 7596 (2008)
11-3-12 Photographic Material Processing.
(a) No person operating photographic material processing equipment including, without limitation, the development of silver bearing film, x-ray film or photographic paper, shall discharge silver bearing photographic solutions into the POTW at a level of silver concentration in excess of one hundred mg/l.
(b) All photographic processors shall either recover silver from spent solutions as set forth in subsection (a) of this section, or utilize off-site disposal in a manner consistent with federal, state, and local, laws and regulations.
(c) Photographic material processing equipment users that recover silver from spent solutions must properly maintain each silver recovery system at a minimum of once every six months. Additional periodic maintenance shall be required as recommended by the manufacturer, and as necessary to meet the limitations set forth in subsection (a) of this section. Records of maintenance and service shall be kept on file by the owner or operator for a minimum of three years and such records shall be made available for review upon request by the city manager.
(d) The owner or operator of photographic material processing equipment that chooses off site disposal of silver bearing solutions shall keep records of purchases and disposals on file for a minimum of three years and such records shall be made available for review upon request by the city manager.
(e) Sampling to determine compliance with this section shall be at a location immediately following treatment for silver removal and prior to dilution or mixing with other waste streams.
Ordinance No. 7596 (2008)
11-3-13 Special Agreements and Contracts.
(a) No statement contained in this chapter shall be construed as prohibiting special written agreements between the city and any user allowing wastes of unusual strength or character to be admitted to the POTW.
(1) A special written agreement may include groundwater, but shall not include domestic wastes.
(2) Except as set forth below, agreements shall require treatment consistent with, or similar to, federal, state, and local, laws and regulations.
(3) The user shall compensate the city for any additional costs of treatment and for any other costs incurred by the city as determined by the city manager including, without limitation, the following:
(A) Costs associated with review and issuance of the permit or agreement consistent with hourly review rates for city staff as outlined in section 4-20-43, "Development Application Fees," B.R.C. 1981;
(B) Costs associated with ongoing monitoring; and
(C) Indemnification of the city, its officers, employees and agents, for any costs to such parties, including without limitation, staff time and attorney's fees, for damages, judgments, fines, settlements and expenses which may in any manner accrue against such party as a consequence of the grant of such permit.
(b) The city manager may execute an agreement to exceed any specific pollutant limitations required by this chapter, only if the manager finds that:
(1) The user is making reasonable progress toward eliminating the violation;
(2) Compliance with the specific pollutant limitation during a time period agreed upon for installation of proper pretreatment equipment would impose undue hardship; and
(3) Acceptance of the discharge does not have a reasonable potential to cause interference or pass through, or in any other way adversely affect the POTW or cause a violation of the city's NPDES permit and applicable federal, state or local laws.
(c) Nothing contained in a special agreement or contract shall limit the ability of the city manager to enforce violations of the agreement or of this chapter.
Ordinance Nos. 5397 (1991); 7400 (2004); 7596 (2008)
11-3-14 Wastewater Classification Survey.
(a) Sixty days prior to discharge into the POTW, all users as required by the city manager, shall pay the filing fee prescribed by section 4-20-31, "Wastewater Classification Survey Filing Fee and Industrial and Groundwater Discharge Permit Fees and Charges," B.R.C. 1981, and complete and file with the city manager a wastewater classification survey containing the following information:
(1) Name and facility address;
(2) Type of services rendered and products produced;
(3) Principal raw materials and catalysts used;
(4) Plant operational characteristics;
(5) Water use information;
(6) Wastewater discharge information;
(7) Wastewater generation;
(8) Wastewater quantities and constituents;
(9) Wastewater pretreatment;
(10) Non-discharge wastes and their disposal;
(11) SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget 1987 or the North American Industry Classification System (NAICS);
(12) Documented average daily and thirty day peak wastewater flow rates, including daily, monthly and seasonal variations, if any;
(13) Site plans, floor plans, mechanical and plumbing plans, and details to show all known sewers, sewer connections and appurtenances by the size, location, and elevation;
(14) Description of activities, facilities, and plant processes on the premises, including all materials which are or could be discharged;
(15) Each product produced by type, amount, process or processes, and rate of production;
(16) Type and amount of raw materials processed (average and maximum per day);
(17) Number and type of employees, hours of operation of plant and proposed or actual hours of operation of pretreatment system;
(18) Waste minimization information as requested by the city manager; and
(19) Any additional information determined to be relevant by the city manager.
(b) All users obtaining a building permit for initial construction or for building expansion or remodeling shall complete and submit the survey to the city manager for review prior to approval of the building or remodeling permit.
(c) All users shall update the wastewater classification survey on file with the city manager once every five years or whenever significant changes are made in the wastewater discharge. Significant changes include, without limitation, an increase or decrease in wastewater volume, concentration of materials or substances or changes in types of wastes that will last for a period exceeding normal wastewater production variations. If the normal quantity or quality of the discharge has changed, the user shall so notify the city manager by letter. The city manager may request a new submittal of the wastewater classification survey as deemed necessary.
Ordinance Nos. 5771 (1995); 7346 (2004); 7596 (2008)
11-3-15 Industrial Discharge Permit.
(a) A user shall obtain an industrial discharge permit if the user:
(1) Has a monthly process water contribution to the POTW over seven hundred fifty thousand gallons;
(2) Is subject to an excess user charge for TSS, NH3-N, BOD, or COD as provided in this chapter;
(3) Is subject to federal categorical pretreatment standards;
(4) Is determined by the city manager to have significant impact, or the potential to have impact based on the characteristics of the potential discharge or the operation and management practices of the user, either singly or in combination with other contributing industrial users, on the quality of the wastewater treatment plant's effluent, biosolid, scum, or residues or on the treatment process or facilities; or
(5) Is determined by the city manager to violate any of the provisions of sections 11-3-4, "General Prohibitions," and 11-3-5, "Specific Pollutant Limitations and Maximum Allowable Industrial Loadings," B.R.C. 1981, or have the potential to violate any such provisions based on the characteristics of the potential discharge or the operation and management practices of the user; or
(6) Is a "significant industrial user" as defined in subsection 11-3-3(a), "Definitions," B.R.C. 1981.
(b) Users required to have an industrial discharge permit shall apply for a permit at least sixty days prior to discharging into the POTW.
(c) Industrial discharge permits, including without limitation, general pretreatment permits, are subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the city. Permits may contain, without limitation, the following:
(1) Limits on the average and maximum concentration or mass of wastewater constituents and characteristics;
(2) Limits on average and maximum rate and time of discharge or requirements for flow regulation and equalization;
(3) Schedules for installation of pretreatment equipment to bring discharge into compliance with applicable regulations;
(4) Requirements for installation and maintenance of inspection and sampling facilities;
(5) Specifications for monitoring programs that include sampling locations; frequency of sampling; number, type and standards for tests; and reporting schedules;
(6) Requirements for submission of technical reports, discharge reports, and compliance progress reports;
(7) Requirements for maintaining and retaining records relating to wastewater discharge as specified by the city and affording city access thereto;
(8) Requirements for notification and control of slug discharges;
(9) Requirements for notification of the city of the new introduction of wastewater constituents or any change in character of the wastewater constituents or average volume being introduced into the POTW;
(10) Requirements for the implementation of BMPs;
(11) Compliance schedules;
(12) A requirement that industrial waste be discharged into the POTW by a connection separate from that by which domestic waste from the same premises is discharged, except that a single connection discharging both industrial waste and domestic waste may be used when it has been determined by the city manager that:
(A) Industrial waste is a minor and acceptable portion of the sewage;
(B) Industrial waste can be kept separate in the user's facility and pretreated to meet effluent limits before combining with the domestic waste; and
(C) Combined sewage can be pretreated to meet effluent limits;
(13) A requirement that each person discharging industrial waste into the POTW construct suitable sampling and gauging stations, including without limitation, flow measurement devices, or provide such inspection facilities as may be required by the city manager;
(14) A requirement that each person discharging industrial waste into the POTW, at the user's own expense, provide and maintain continuously such pretreatment as may be required by this chapter;
(15) A requirement that the user will develop and implement spill control plans or other special conditions including without limitation, management practices necessary to adequately prevent accidental, unanticipated or nonroutine discharges;
(16) A provision that the city manager, at any time before or after granting a permit, may require additional pertinent information from each person discharging industrial waste into the POTW;
(17) A requirement that the user will indemnify, to the extent legally permissible, the city, its officers, employees and agents for damages, judgments, costs and expense which may in any manner accrue against the city in consequence of the grant of such permit;
(18) A requirement that all new laterals connecting to the main sanitary sewer and all new sanitary sewers and extensions must be designed and constructed in accordance with the city's standard specifications;
(19) A requirement that all users shall comply with sections 11-3-4, "General Prohibitions," and 11-3-5, "Specific Pollutant Limitations and Maximum Allowable Industrial Loadings," B.R.C. 1981, and all other applicable laws and regulations, including without limitation all pretreatment standards and requirements, except where such laws and regulations are less stringent than the requirements of this chapter;
(20) A requirement that all permittees are subject to the administrative and civil enforcement provisions of this code, and, to the extent permitted by law, the city's criminal jurisdiction as well; and
(21) Other conditions as deemed necessary by the city manager to enforce the provisions of this chapter.
(d) The city manager shall issue industrial discharge permits for a specified time period not to exceed five years. The user shall apply for permit reissuance at least sixty 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 manager during the term of the permit if limitations or requirements are modified, if necessary to meet requirements of the city's NPDES discharge permit, or if there is other good cause. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(e) No permittee shall violate the terms and conditions of the permittee's industrial discharge permit.
(f) An applicant for a permit shall pay the fees prescribed by section 4-20-31, "Wastewater Classification Survey Filing Fee and Industrial and Groundwater Discharge Permit Fees and Charges," B.R.C. 1981.
(g) An industrial discharge permit may not be sold, traded, assigned, sublet, or otherwise transferred. Any new significant industrial user must obtain an industrial discharge permit regardless of whether a permit previously existed for the same premises.
(h) The city manager may issue General Pretreatment Permits consistent with this chapter.
(1) At the discretion of the city manager, general pretreatment permits may be utilized to control SIU discharges to the POTW. All facilities to be covered by a general pretreatment permit shall:
(A) Involve the same or substantially similar types of operations;
(B) Discharge the same types of wastes;
(C) Require the same effluent limitations;
(D) Require the same or similar monitoring; and
(E) In the opinion of the city manager, are more appropriately controlled under a general pretreatment permit than under individual control mechanisms.
(2) To be covered by the general pretreatment permit, the SIU shall file a written request for coverage that identifies its contact information, production processes, the types of wastes generated, the location for monitoring all wastes covered by the general pretreatment permits, any requests in accordance with 40 CFR 403.12(e)(2) for a monitoring waiver for a pollutant neither present nor expected to be present in the discharge, and any other information the POTW deems appropriate. A monitoring waiver for a pollutant neither present nor expected to be present in the discharge is not effective in the general pretreatment permit until the city manager has provided written notice to the SIU that such a waiver request has been granted in accordance with 40 CFR 403.12(e)(2).
(3) The city manager must retain a copy of the general pretreatment permit, including documentation to support the city manager's determination that a specific SIU meets the criteria in 40 C.F.R. § 403.8(f)(1)(iii)(A)(1).
Ordinance Nos. 5397 (1991); 5526 (1992); 5771 (1995); 7346 (2004); 7596 (2008)
11-3-16 Monitoring Facilities.
(a) Whenever the city manager finds it necessary, a user shall provide and operate, at its expense, monitoring equipment and facilities sufficient to allow inspection, sampling, and flow measurements of the private sewer or internal drainage system. The owner of any new building constructed or proposed to be constructed in an industrially zoned area with a floor space of greater than five thousand square feet or with a water meter size of greater than three-fourths inch shall install a monitoring facility prior to final building inspection approval.
(b) The monitoring facility shall normally be situated outside of the building on the user's premises. If the user's service line ties into an existing city utility access point and such utility access point allows for safe sampling and isolation of the user's discharge, the city manager may allow the utility access point to serve as the user's monitoring facility, but the city manager may require that the user provide and operate an alternate monitoring facility, if the city manager finds it is necessary.
(c) Whenever required by the city manager, any significant industrial user or user discharging prohibited substances or specific pollutants serviced by a private sewer carrying non-residential wastewater shall install a monitoring facility for each separate discharge that the city manager finds necessary to monitor. Each separate monitoring facility shall meet requirements set forth by the city manager with safe and independent access for city personnel at all times.
(d) The user shall maintain the utility access point or facility to allow for accurate sampling and preparation of samples for analysis. The user shall maintain the facility it owns and operates and all sampling and measuring equipment at all times in a safe and proper operating condition at the user's expense.
(e) The user shall construct the sampling and monitoring equipment and facilities in accordance with monitoring requirements and all applicable city construction standards and specifications within sixty days following written notification by the city manager or before final building inspection approval, whether the facilities are located on public or private property.
(f) All users shall provide safe access to sampling and monitoring sites and pretreatment facilities at all times for authorized city personnel.
Ordinance No. 5771 (1995); 7596 (2008)
11-3-17 Sampling and Analysis.
(a) All users shall obtain city manager approval for all sampling and measuring equipment prior to its installation or use. All measuring, tests, and analyses and all sampling shall be at the expense of the industrial user.
(b) All measurements, tests and analyses of the characteristics of water and wastes shall be determined in accordance with the techniques and procedures prescribed in 40 C.F.R. § 136 or with any other test procedures approved for wastewater by the EPA or the city manager. Samples shall be taken from the utility access point, or other specified location as described in the permit. The city manager may direct a user to save a sample split of any reported sample and to deliver the sample to the water quality laboratory for analytical verification.
(c) (1) The city manager shall require that frequency of monitoring necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements. Grab samples shall be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds. For all other pollutants, 24-hour composite samples shall be obtained through flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the city manager. Where time-proportional composite sampling or grab sampling is authorized by the city manager, the samples shall be representative of the discharge and the decision to allow the alternative sampling must be documented in the industrial user file for that facility or facilities. Using protocols including appropriate preservation specified in 40 CFR 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols and sulfides, the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the city manager, as appropriate.
(2) For sampling required in support of baseline monitoring and 90-day compliance reports, a minimum of four grab samples shall be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data does not exist. For facilities for which historical sampling data is available, the city manager may authorize a lower minimum. When grab samples are required, the city manager shall require the number of grab samples necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements.
(d) The city manager shall determine the frequency of sampling, measuring and analyses and include them as conditions of the user's industrial discharge permit. The city manager may impose mass limitations on industrial users that use flow equalization to meet applicable standards or requirements or in other cases where the imposition of mass limitations is appropriate.
(e) The city manager shall have the authority to sample and inspect each significant industrial user at least once a year, and more often as necessary, and to inspect any other industrial user as needed to insure compliance with this chapter.
(f) Whenever sampling and analysis is utilized for determining compliance with this chapter, a violation of any limitation required by this chapter shall occur at discharge monitoring points designated in an industrial discharge permit or at any representative sampling point. Violations at such monitoring points shall constitute violations of the industrial discharge permit or of this chapter.
(g) The city manager shall have the authority to require users to conduct groundwater and soil sampling when there is probable cause to believe that any surface or groundwater on or emanating from the property violates any federal, state or local regulations including:
(1) Colorado Department of Public Health and Environment, Basic Standards for Surface Water.26
(2) Colorado Department of Public Health and Environment, Basic Standards for Groundwater.27
(3) Federal listing of hazardous wastes.28
Ordinance Nos. 5397 (1991); 5677 (1994); 5771 (1995); 7596 (2008)
11-3-18 Reporting Requirements.
(a) All significant industrial users and all users required to have a permit, shall submit reports to the city manager at least once every six months or as required by the permit. Reports shall contain information and data indicating the nature, concentration and flow of pollutants as required by the permit and shall also include any additional representative monitoring performed by the SIU. In cases where the permit requires compliance with a BMP, the SIU shall submit documentation required by the permit to determine compliance.
(b) All SIUs subject to federal categorical pretreatment standards shall also comply with the reporting requirements set forth in 40 CFR 403.12.
(c) The reports required in this section shall be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, such dates shall be representative of conditions occurring during the reporting period.
(d) If sampling performed by an industrial user indicates a violation, the user shall notify the city manager within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the city manager within 30 days after becoming aware of the violation. Where the city manager has performed the sampling and analysis in lieu of the industrial user, the city manager must perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat analysis.
(e) Reports shall be signed by an authorized representative and shall include the following statement: "I hereby certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my examination of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations."
(f) Any user may be required to submit periodic self-monitoring reports to the city manager if such reporting is deemed necessary in order to assess the potential impact of a discharge into the POTW. This includes, but is not limited to, the discharge of toxic pollutants by the user. Permittees and users may also be required to submit reports concerning non-compliance with industrial discharge permits or this chapter. Any report submitted pursuant to this section shall follow the signatory and certification requirements set forth in this chapter.
(g) Any user subject to the requirements of this ordinance shall retain, and make available for inspection and copying, all records, information and any associated documentation including, without limitation, documentation associated with BMPs. These records shall automatically be extended for the duration of any litigation concerning the user.
All nonsignificant categorical industrial users shall annually submit a certification statement as required by CFR 403.12(q).
Ordinance Nos. 5397 (1991); 5771 (1995); 7596 (2008)
11-3-19 Suspension and Revocation of Permit.
(a) The city manager may suspend or revoke an industrial discharge permit and the permission of such user to discharge industrial waste or wastewater into the POTW when such suspension or revocation is necessary, in the opinion of the city manager, in order to stop any discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment, causes interference to the POTW, or causes the city to violate any condition of its NPDES permit.
(b) Any person notified of a suspension or revocation of the industrial discharge permit shall immediately stop or eliminate the discharge of all industrial waste or wastewater into the POTW. In the event of a failure of the person to comply with the suspension or revocation order, the city manager shall take such steps as deemed necessary, including immediate severance of the sanitary sewer connection, to prevent or minimize damage to the POTW or endangerment of any individuals. The city may reinstate the industrial discharge permit upon proof of the elimination of the non-complying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the city manager within thirty days of the date of occurrence.
(c) In addition to, or in lieu of, any other penalties imposed by this section, the city manager may seek the suspension or revocation of any permit issued pursuant to this chapter if the user:
(1) Violates any condition of the permit;
(2) Violates any of the provisions of this chapter or applicable state and federal regulations;
(3) Fails to report factually the wastewater constituents and characteristics of the discharge;
(4) Fails to report significant changes in operations or wastewater constituents and characteristics;
(5) Knowingly makes a false statement in the wastewater survey;
(6) Obtains the permit fraudulently or by making a misrepresentation;
(7) Tampers with, disrupts, or damages city monitoring and sampling equipment or facilities;
(8) Refuses reasonable access to the user's premises for the purpose of inspection or monitoring; or
(9) Fails to pay fees or charges timely.
(d) Whenever the city manager finds that any user has violated or is violating any provisions of this chapter, including, without limitation, any provision of an industrial discharge permit, the city manager may serve upon such person a written notice stating the nature of the violation and providing a reasonable time, not to exceed forty-five days, for the satisfactory correction thereof. The user may request a meeting with the city manager to discuss the violation or the correction schedule.
(e) If the city manager finds one of the grounds in subsection (a), (b), or (c) of this section or any other ground for suspension or revocation in this code, the city manager shall determine whether to revoke the license for the remainder of its term or suspend it for any shorter period according to severity of the disqualification, its effect on public health, safety, and welfare, and the time during which the disqualification can be remedied if at all.
(f) Before the hearing required by subsection (g) of this section, the city manager may suspend a permit for up to twenty days, if the city manager determines that the suspension is necessary to prevent an imminent danger to the public health, safety, and welfare. The city manager may include in the temporary suspension reasonable orders or conditions with which the permittee shall comply to protect the public health and safety. Any breach of such conditions or orders is an independent ground for revocation of the permit.
(g) Except for such emergency suspension authorized by subsection (f) of this section, no such suspension or revocation shall be final until the permittee has been given the opportunity for a hearing to contest the suspension or revocation under the procedures prescribed by chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981.
(h) If, after a hearing, the suspension or revocation is upheld, the city manager may include reasonable orders or conditions with which the person whose license has been suspended or revoked shall comply to protect the public health, safety, and welfare.
(i) The user shall pay all costs and expenses associated with any such suspension and restoration of service.
(j) The city manager is authorized to seek a temporary restraining order and an injunction to halt or abate any dangerous discharges immediately.
Ordinance Nos. 5677 (1994); 5771 (1995); 7596 (2008)
11-3-20 Civil and Criminal Liability for Expenses and Fines.
(a) Any user violating provisions of this chapter shall be liable under any applicable federal, state, or local law for any expense, loss, or damage caused the city by reason of such violation, including the increased costs for managing effluent, sludge, or operations when such increases are the result of the user's discharge.
(b) If a user discharges such pollutants that cause the city to violate any condition of its NPDES permit and to be fined by EPA or the state for such violation, such user is fully liable for the total amount of the fine assessed against the city, including, without limitation, all legal, sampling, and analytical testing costs.
(c) The penalty for violation of any provision of this chapter is a fine of not more than $1,000.00 per violation per day, or incarceration for not more than ninety days in jail, or both such fine and incarceration.
(d) For the purposes of this chapter a single violation consists of a violation of any provision of this chapter including, without limitation, any provision of an industrial discharge permit or any of the specific pollutant limitations contained in section 11-3-5, "Specific Pollutant Limitations and Maximum Allowable Industrial Loadings," B.R.C. 1981. The city manager may pursue, singly or in combination, any remedies provided by this chapter.
Ordinance No. 5397 (1991); 7596 (2008)
If any user discharges into the POTW in violation of this code, federal or state law or regulations or any order of the city, the city attorney may commence an action for legal or equitable relief, including a petition in a court of appropriate jurisdiction for a temporary restraining order and preliminary and permanent injunctions against the violation.
Ordinance No. 7596 (2008)
11-3-22 Administrative Enforcement Remedies.
(a) Notice of Violation: Whenever the city manager finds that any user or other person has violated or is violating this chapter, or a permit or administrative order issued hereunder, the city manager may have served upon said user an administrative notice of violation. The notice may require an explanation of the violation and the submission of a satisfactory plan for the correction and prevention thereof. Submission of the plan and completion of any related actions shall not relieve the user or other person of liability for any violations of this chapter occurring before or after receipt of the notice or prevent the city manager from taking any other enforcement action authorized under this chapter.
(b) Administrative Orders: Whenever the city manager finds that any user or other person has violated or is violating this chapter, or a permit or administrative order issued hereunder, the city manager may have served upon said user or other person an administrative order. Such order may be a compliance order, a show cause order, a cease and desist order, or an order assessing an administrative fine. Compliance with an administrative order shall not relieve the user or other person of liability for any violations occurring before or after the issuance of the administrative order or prevent the city manager from taking any other enforcement action authorized under this chapter.
(c) Consent Orders: The city manager is authorized to enter into consent orders establishing an agreement with any user or other person responsible for non-compliance with the provisions of this chapter, or of a permit or administrative order issued under this chapter. Such orders shall include specific action to be taken to correct the non-compliance within a time period also specified by the order.
(d) Hearings:
(1) Whenever the city manager finds that any user or other person has violated or is violating this chapter, or a permit or administrative order issued hereunder, the city manager may hold a show cause hearing. A show cause order specifying the time and place of the hearing, the reason for the hearing, any proposed enforcement action, and a request that the user or other person show cause why the proposed enforcement action should not be taken, shall be served on the user or other person. The show cause order shall be served on the user or other person at least ten days prior to the hearing. Whether or not a duly notified user or other person appears or is represented at the hearing, the city manager may immediately pursue any other enforcement action authorized under this chapter.
(2) Any user or other person that has been served with an administrative order may request, within fourteen days of receipt of such administrative order, an administrative hearing to be conducted by the city manager. The city manager shall hold a hearing pursuant to chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981, within twenty-one days of such request.
(e) Administrative Fines: Whenever the city manager finds that any user or other person has violated or is violating this chapter, or a permit or administrative order issued hereunder, the city manager may issue and serve on the user or other person an administrative order assessing an administrative fine against the user or other person. The city manager may assess an administrative fine of up to $1,000.00 for each violation of this chapter and for each violation of any section or individual constituent of an industrial discharge permit. Each day on which violations continue shall be deemed to be separate and distinct violations. In addition, the city manager may assess a charge to recover costs incurred by the city to investigate and prosecute the alleged violations. Such assessed fines may be added to the user's or other person's next scheduled sewer service charges and if not paid may be collected as other delinquent utility charges under this chapter. Such unpaid fines shall also constitute a perpetual lien as provided against the real property to which the sewer service is provided. Payment of an administrative fine shall not relieve the user or other person of any other liability provided for under this chapter or prevent the city manager from taking any other enforcement action authorized under this chapter.
(f) Administrative Appeal Procedure: Any user or other person affected by and dissatisfied with any decision, action, administrative order, assessment of administrative fine, or determination made and issued by the city manager in interpreting, enforcing or implementing the provisions of this chapter, or the provisions of any permit or administrative order issued under this chapter, may file with the city manager a written request for reconsideration. Such request shall be filed within fourteen days of such decision, action, administrative order or determination and shall set forth in detail the facts supporting the request. The city manager shall hold a hearing pursuant to chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981, within twenty-one days of such request and shall issue a decision within twenty-one days from the date of the hearing. The original decision, action, administrative order or determination shall remain in effect during the reconsideration period.
(g) Modification of Requirements: The parties may agree to modify the time requirements in this section.
Ordinance No. 7596 (2008)
The city manager shall provide meaningful public notice which shall include, at a minimum, annually publishing in a newspaper of general circulation in the city a list of all users that are in "significant noncompliance" as defined in subsection 11-3-3(a), "Definitions," B.R.C. 1981, during the twelve previous months and a summary of any enforcement actions taken against such users during the twelve month period. 40 CFR 403.8(f)(2)(vii).
Ordinance No. 5397 (1991); 7596 (2008)
(a) Users required to obtain an industrial discharge permit and discharging wastes in excess of average strength sewage (230 mg/l BOD, 220 mg/l TSS, 25 mg/l NH3-N, or 490 mg/l COD) shall pay excess user charges in addition to wastewater utility fees prescribed by section 4-20-28, "Monthly Wastewater User Charges," B.R.C. 1981.
(b) Sampling, analyses, and reporting requirements to determine the excess user charge are a condition of the user's industrial discharge permit and shall be carried out in accordance with procedures contained in this chapter.
(c) On discharges of consistent strength, the city manager may compute a standard excess user charge based on average strength of the user's discharge. The user shall sample, analyze, and report discharge strengths on a periodic basis to ensure consistency of sewage strength.
Ordinance Nos. 4879 (1985); 5158 (1988); 5526 (1992); 5771 (1995); 7596 (2008)
(a) The city manager may promulgate such rules as the manager considers necessary to implement and enforce this chapter.
(b) No person shall violate any rule issued by the city manager under this section.
Ordinance No. 5397 (1991); 7596 (2008)
11-3-26 Notification of Hazardous Waste.
Any user who discharges a characteristic or listed hazardous waste, as defined by federal law, shall promptly notify the city manager in writing of the discharge. Notification, as required by this section, shall contain such information as required by federal law. The city manager may accept, limit or deny such discharge as deemed necessary to protect the POTW and meet the requirements and intent of this chapter.
Ordinance No. 5397 (1991); 7596 (2008)
11-3-27 Disconnection and Reconnection.
Upon the suspension of services or revocation of any permit issued pursuant to these regulations, the city manager may disconnect from the sewer system any user's premises if the user has failed to make such disconnection or comply with these provisions. Whenever a sewer has been disconnected by the city manager for failure to comply with these provisions, reconnection may be made only upon written authorization or of issuance of a new permit by the city manager. Before such permit is issued, the applicant shall pay the city for the cost of the disconnection made and for the anticipated cost of the reconnection.
Ordinance No. 5771 (1995); 7596 (2008)
11-3-28 City's Right of Revision.
The city reserves the right to establish more stringent limitations or requirements on discharges to the POTW at any time.
Ordinance No. 5771 (1995); 7596 (2008)
All users shall pay fees as set forth in section 4-20-28, "Monthly Wastewater User Charges," B.R.C. 1981.
Ordinance No. 5771 (1995); 7596 (2008)
(a) The city manager shall have access to and shall be allowed to inspect the facilities and records of any user to ascertain whether the purposes of this chapter are being met and whether all requirements are being satisfied. Occupants of premises where wastewater is created or discharged shall allow the city manager ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling records examination, taking photographs, and copying, or the performance of any of the city manager's duties under this chapter. The city, state and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and metering operations.
(b) If a user has security measures in force which would require proper identification and clearance before entry into the user's premises, the user shall make necessary arrangements with its security guards so that upon presentation of suitable identification, personnel from the city or the EPA will be permitted to enter, without delay, for the purposes of performing their responsibilities under this chapter.
Ordinance No. 5771 (1995); 7596 (2008)
11-3-31 Pretreatment Facilities.
(a) Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the city manager shall be operated and maintained at the user's expense.
(b) Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city manager for review, and must be certified as acceptable to the city manager before construction of the facility. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city manager under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and must be certified as acceptable to the city manager prior to the user's initiation of the changes.
(c) All preliminary studies, plans and specifications must be prepared by a registered professional engineer retained by the discharger and the plans shall be reviewed and must be approved by the city manager prior to construction of the facility.
Ordinance No. 5771 (1995); 7596 (2008)
11-3-32 Confidential Information.
Any user submitting information to the city manager pursuant to this chapter may claim it to be confidential if the user demonstrates to the satisfaction of the city manager that release of such information would divulge information, processes, or methods of production entitled to protection as the user's trade secrets.
(a) The user shall assert such claim at the time of submission by stamping the words "confidential business information" on each page containing such information. If no such claim is made at the time of submission, the city manager may make information available to the public without further notice.
(b) The city manager shall not publicly disclose such confidential information. Such information shall be available for use by the city manager or any federal or state agency in judicial review or enforcement efforts and proceedings involving the user furnishing the information.
(c) The city manager may provide confidential information to governmental agencies upon written request for uses directly related to enforcement of this chapter. But the city manager shall not transmit information accepted by the city as confidential to any governmental agency until the city manager has provided fourteen days' written notification to the user.
(d) Effluent or discharge data is not confidential.
Ordinance No. 5771 (1995); 7596 (2008)
10 Adopted by Ordinance No. 4667. Amended by Ordinance No. 6087. Derived from Ordinance Nos. 3836, 4412, 4446.
26 3.11.0 et seq. (5 CCR 1002-8), as amended.
27 3.11.0 et seq. (5 CCR 1002-8), as amended.
2840 C.F.R. § 261.