84-9007 Water SewersORDINANCE NUMBER 84-9007
( Published in The Salina Journal AIM 12- 1984)
AN ORDINANCE RELATING TO USE OF PUBLIC AND PRIVATE SEWERS
AND DRAINS, INSTALLATION AND CONNECTION OF BUILDING SEWERS AND
DRAINS, DISCHARGE CRITERIA FOR MUNICIPAL SEWER SYSTEM, PENALTIES
FOR VIOLATIONS OF SEWER USE REQUIREMENTS AND INDUSTRIAL PRETREATMENT
PROGRAM REQUIREMENTS; AMENDING CHAPTER 41 OF THE SALINA CODE.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas
Section 1. That Chapter 41 of the Salina Code is hereby amended by
adding Articles V, VI, VII, VIII, IX which shall read as follows:
ARTICLE V.
USE OF PUBLIC AND PRIVATE SEWERS AND DRAINS
"Section 41-110. Definitions.
The following definitions shall apply to the
enforcement of Article V through IX of this chapter.
(1) Act or "The Act": The Federal Water Pollution
Control Act, also known as the Clean Water Act,
as amended, 33 U.S.C. 1251, et. seq.
(2) Approval Authority: The Regional Administrator of
the Environmental Protection Agency and/or director
of the Division of Environment of the Kansas
Department of Health and Environment.
(3) ASTM: The American Society of Testing Materials or
publications thereof.
(4) Authorized Representative: An authorized
representative of a user may be:
1) A principal executive officer of at least the
level of vice-president, if the user is a corporation;
2) a general partner or proprietor if the user is
a partnership or proprietorship, respectively;
3) 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.
(5) BOD: (denoting Biochemical Oxygen Demand) - The
quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure
in five (5) days at 20° C, expressed in milligrams
per liter (mg/1).
(6) Building Drain: That part of the lowest horizontal
piping ot a drainage system which receives the
discharge from soil, waste and other drainage pipes
inside the walls of the building and conveys it to
the building sewer beginning two (2) feet outside
the building wall.
(7) Building Sewer: The extension from the building
drain tote public wastewater collection system or
other place of disposal.
(8) City: The Municipality of Salina, Kansas.
(9) Combined Sewer: A sewer receiving both surface
runoff and sewage.
(10) Composite Sample: Combination of individual samples
of water or wastewater taken at selected intervals
(generally hourly or some similar specified period),
to minimize the effect of the variability of the
individual sample. Individual samples may have
equal volume or may be proportional to the flow at
time of sampling.
(11) Control Authority: "Approval Authority", defined
ereina ove; an /or the Director of Utilities for
the City of Salina.
(12) Cooling Water: The water discharged from any use
such as air conditioning, cooling or refrigeration
or to which the only pollutant added is heat.
(13) Direct Discharge: The discharge of treated or
untreated wastewater directly to the waters of
the State of Kansas.
(14) Director: The Director of Utilities of the City of
Salina, Kansas and/or his authorized deputy, agent
or representative.
(15) Domestic Wastewater: Any wastewater discharged from
any user that has characteristics that could be
reasonably expected from a household.
(16) Environmental Protection Agency, or EPA: The
U.
Environmental Protection Agency or, where
appropriate, the term may also be used as a
designation for the administrator or other duly
authorized official of said agency.
(17) Garbage: Solid wastes from the domestic and commercial
preparation, cooking and dispensing of food, and from
the handling, storage and sale of produce.
(18) Grab Sample: A sample which is 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.
(19) Governing Body: The Board of Commissioners of the
City of Salina, Kansas.
(20) Health Officer: A person having public health
response i ity by the State of Kansas and/or by
Saline County.
(21) Holding Tank Waste: Any waste from holding tanks
such as vessels, chemical toilets, campers, trailers,
septic tanks and vacuum pump tank trucks.
(22) Indirect Discharge: The discharge or the introduction
of nondomestic wastewater from any source regulated
under Section 307(b) or (c) of the Act (33 U.S.C. 1317),
into the sanitary sewerage system (including holding
tank waste discharged into the system) .
(23) Industrial Wastes: The liquid wastes from industrial
manufacturing processes, trade, or business as distinct
from domestic wastewater.
(24) Interference: The inhibition or disruption of the
sanitary sewerage system treatment processes or
operations which contributes to a violation of any
requirement of the city's NPDES permit. The term
includes prevention of sewage sludge use or disposal
by the sanitary sewer system in accordance with
Section 405 of the Act (33 U.S.C. 1345) , or any
criteria, guidelines or regulations developed
(present or future) pursuant to the Solid Waste
Disposal Act (SWDA), the Clean Air Act, and 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 sanitary sewerage system.
(25) National Categorical Pretreatment Standard or
Pretreatment Stan arr : any (present or future)
regulation containing pollutant discharge limits
promulgated by the EPA in accordance with Section
307(b) and (c) of the Act (33 U.S.C. 1317) which
applies to a specific category of industries.
(26) National Prohibitive Discharge Standard or
Prohibitive DischargeStandard: Any present or
future regulation developed under the authority
of 307(b) of the Act and 40 CFR, Section 403.5.
(27) National Pollution Discharge Elimination System
or NPDES Permit: A discharge permit issued by
the Approval Authority pursuant to Section 402 of
the Act (33 U.S.C. 1342).
(28) Natural Outlet: Any outlet into a watercourse,
pond, ditch, lake or other body of surface or
groundwater.
(29) New Source: Any source, the construction of which
is commenced after the publication of the proposed
regulations prescribing a Section 307(c) (33 U.S.C.
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.
(30) Person: Any individual, firm, company, association,
society, corporation or group.
(31) pH: The logarithm of the reciprocal of the weight
oFhydrogen ions in grams per liter of solution.
(32) Pollution: The man-made or man -induced alteration
of the physical, biological or radiological
integrity of water.
(33) Pollutant: Any dredged spoil, solid waste, incinerator
resi ue, sewage, garbage, sewage sludge, munitions,
chemical wastes, biological materials, radioactive
materials, heat, wrecked or discharged equipment,
rock, sand, cellar dirt and industrial, municipal and
agricultural waste discharged into water.
(34) Pretreatment or Treatment: The reduction of the
amount of pollutants, the removal 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 sanitary sewerage system. The
reduction or alteration can be obtained by physical,
chemical or biological processes or process changes
by other means, except as prohibited by 40 CFR
Section 403.6(d).
(35) Pretreatment Requirements: Any substantive or
procedural requirement relating to pretreatment,
other than a National Pretreatment Standard imposed
on a user.
(36) Pretreatment Standard: Any federal regulation
containing pollutant ischarge limits promulgated
by the EPA in accordance with Section 307(b) and
(c) of the Act, which applies to specific users.
(37) Private Sewer: A sewer not owned or maintained
by the City of Salina.
(38) Private Wastewater Disposal System: Any system of
wastewater disposal not publicly owned or operated.
(39) Private Water Supply: All water supplies not owned
and operated by the City of Salina.
(40) Properly Shredded Garbage: The wastes from the
preparation, cooking, an dispensing of food which
have been shredded to such a degree that all
particles will be carried freely under the flow
conditions normally prevailing in public sewers,
with no particles greater than one half (J) inch
(1.27 centimeters) in any dimension.
(41) Public Sewer: A sewer in which all owners of
abutting properties have equal rights and is
controlled by public authority.
(42) Public Water Supply: All water supplies owned and
operated by theCity- of Salina.
(43) Sanitary Sewer: A sewer which carries wastewater
and to which storm, surface and groundwater are
not intentionally admitted.
(44) Sanitary Sewerage System: Any devices, units and
systems used in the collection, transportation,
storage, treatment, recycling and reclamation of
municipal wastewater or industrial wastes of liquid
nature including all land and appurtenances thereto
owned by the city and as further defined for a
Publicly Owned Treatment Works (POTW) under
Section 211 of the Federal Water Pollution Control
Act (33 U.S.C. 1292).
(45) Sewer: A pipe or conduit for carrying wastewater.
(46) Shall: is mandatory; May is permissive.
(47) Slug: Any discharge of water, wastewater or
in�c ustrial waste in which the concentration of any
given constituent or in which the quantity of flow
for any period of duration longer than fifteen (15)
minutes exceeds more than five (5) times the
average twenty-four (24) hour concentration or flow
quantities during normal operation.
(48) State: State of Kansas.
(49) Standard Industrial Classification (SIC): A
classification pursuant tot the Standard Industrial
Classification Manual issued by the Executive
Office of the President, Office of Management and
Budget, 1972.
(50) Storm Drain (Storm Sewer) : A sewer which carries
storm and surface waters and drainage but excludes
wastewater and industrial wastes, other than
unpolluted cooling water.
(51) Storm Water: Any flow occurring during or following
any form o natural precipitation and resulting
therefrom.
(52) Suspended Solids (SS) : Solids that either float on
the surface of, or are suspended in water, wastewater
or other liquids and which are removable by
laboratory filtering.
(53) Toxic Pollutant: Any pollutant or combination of
pollutants listed as toxic in regulations promulgated
by the Administrator of the Environmental Protection
Agency under the provision of Section 307 (a) (1) of
the Clean Water Act.
(54) Uniform Plumbing Code: The latest revision of the
Uniform Plumbing Code published by the International
Association of Plumbing and Mechanical Officials.
(55) User: Any person who contributes, causes or permits
the discharge of wastewater into the city's sanitary
sewerage system.
(56) Watercourse: A channel in which a flow of water
occurs, either continually or intermittently.
(57) Wastewater: A combination of the water -carried
wastes from residences, business buildings,
institutions and industrial establishments, together
with such ground, surface and stormwaters that may
be present.
(60) WPCF: The Water Pollution Control Federation or
publications thereof.
(58) Wastewater Collection System: Each, and all, of
the common lateral sewers, within a publicly owned
treatment system, which are primarily installed to
receive wastewaters directly from facilities which
convey wastewater from individual structures or
from private property, and which include service
connection "Y" fittings designed for connection
with those facilities. The facilities which convey
wastewater from individual structures or from private
property to the public lateral sewer or its equivalent,
are specifically excluded from the definition, with
the exception of pumping units, and pressurized lines,
for individual structures or groups of structures
when such units are owned and maintained by the City
of Salina, Kansas.
(59) Wastewater Treatment Plant: Any unit processes,
facilities, land and appurtenances thereto, providing
primary treatment, secondary treatment and/or
advanced treatment of wastewaters and the resulting
sludges, contributed to the sanitary sewerage system.
(60) WPCF: The Water Pollution Control Federation or
publications thereof.
(61) Waters of the State: All streams, lakes, ponds,
marshes, watercourses, waterways, wells, springs,
reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations of
water, surface or underground, natural or artificial,
public or private, which are contained within, flow
through or border upon the Sate or any portion
thereof.
(62) Terms: Unless the context of usage indicates
otherwise, the meaning of terms in this Article
that are not defined, shall be as defined in the
latest edition of Glossary: Water and Wastewater
Control Engineering prepared by Joint Editorial
Board of the American Public Health Association,
American Society of Civil Engineers, American
Water Works Association and Water Pollution
Control Federation.
(63) Abbreviations: The following abbreviations shall
have the designated meanings:
(A) BOD: Biochemical Oxygen Demand (five day,
unless otherwise noted as "Ultimate BOD").
(B) CFR: Code of Federal Regulations.
(C) COD: Chemical Oxygen Demand.
(D) EPA: Environmental Protection Agency.
(E) I : Liter.
(F) mg: Milligrams.
(G) mg/I: Milligrams per liter.
(H) NPDES: National Pollutant Discharge
elimination System.
(1) SIC: Standard Industrial Classification.
(J) SWDA: Solid Waste Disposal Act, 42 U.S.C.
6901, et. seq.
(K) USC: United States Code.
(L) TSS: Total Suspended Solids.
"Section 41-111. General.
It shall be unlawful for any person to place, deposit
or permit to be deposited any human or animal excrement,
garbage or other objectionable waste in any unsanitary
manner on public or private property within the City of
Salina or in any area under the jurisdiction of said city.
"Section 41-112. Treatment required.
It shall be unlawful to discharge any wastewater or
other polluted waters into any natural outlet except where
suitable treatment has been provided in accordance with
subsequent provisions of this chapter. (Cross reference -
Private wastewater disposal system, Section 18-75)
"Section 41-113. Private wastewater disposal systems.
Except as hereinafter provided, it shall be unlawful
to construct or maintain any privy, privy vault, septic
tank, cesspool, or other facility intended or used for
the disposal of wastewater.
"Section 41-114. Requirements.
The owner(s) of all homes, buildings or properties
used for human occupancy, employment, recreation or other
purposes, situated within the city and abutting any street,
alley or right-of-way in which there is now located a
sanitary sewer of the city, is hereby required to install,
at his expense, toilet facilities therein and to connect
such facilities directly with the proper public wastewater
collection system in accordance with the provisions of
this Article within ninety (90) days after the official
notice to do so, provided that said public wastewater
collection system is within one hundred (100) feet of
the property line. The Director or Health Officer shall
have the authority to require connection to the public
wastewater collection system when the system is over
one hundred (100) feet from the property line in cases
where a health hazard exists.
Section 41-115. Sewer connections.
No sewer connection will be permitted for areas
outside the city limits until the developer or owner
obtains approval from the governing body. Any sewer lines
needed to connect with existing city sewer mains and
laterals must conform to city and State specifications
for the same.
Sections 41-116 through 41-124. Reserved.
ARTICLE VI
INSTALLATION AND CONNECTION OF BUILDING SEWERS
AND DRAINS
"Section 41-125. General.
No unauthorized person shall uncover, make any
connections with or opening into, use, alter, or disturb
any public sewer or appurtenance thereof without first
obtaining a written permit from the director.
"Section 41-126. Permit required.
There shall be one class of building sewer permit
for residential and commercial service. The owner or
his agent shall make application on a special form
furnished by the city. The permit application shall be
supplemented by any plans, specifications, or other
information considered pertinent in the judgment of the
director. A permit and inspection fee for a
residential or commercial building sewer permit shall
be paid to the City Clerk at the time the application
is filed. Permits for industrial wastes are covered
under Section 41-196.
"Section 41-127. Indemnification.
All costs and expenses incident to the
installation and connection of the building sewer shall
be borne by the owner. The owner shall indemnify the
city from any loss or damage that may directly or
indirectly be occasioned by the installation of the
building sewer.
"Section 41-128. Building sewer.
A separate and independent building sewer shall be
provided for every building (refer to Section 41-114)
except where one building stands at the rear of another
on an interior lot and no sewer is available or can be
constructed to the rear building through an adjoining
alley, courtyard, or driveway. The building sewer from
the front building may be extended to the rear building
and the whole considered as one building sewer. In all
buildings in which any building drain is too low to
permit gravity flow to the public wastewater collection
system, the wastewater carried by such a building drain
shall be lifted by an approved means and discharged to
the building sewer.
"Section 41-129. Existing building sewer.
Old building sewers may be used in connection with
new buildings only when they are found, on examination
and test by the director, to meet all requirements of
this chapter.
"Section 41-130. Sewer construction.
The size, slope, alignment, materials of construction
of a building sewer, and the methods to be used in
excavating and backfilling the trench, installing
jointing, and testing the building sewer, shall conform
to the Uniform Plumbing Code as hereinafter modified.
"Section 41-131. Minimum pipeline diameter.
Minimum internal pipeline diameter for all building
sewers shall be four (4) inches.
"Section 41-132. Pipeline materials.
Building sewers shall be constructed of one of
the following pipeline materials:
(a) Extra -strength vitrified clay pipeline and
fittings conforming to ASTM C 700.
(b) Polyvinyl chloride (PVC) gravity sewer pipe
and fittings, Type PSP or PSM conforming to
ASTM Standards D 3033 or D 3034. All PVC
sewer pipe shall be at least Schedule 40.
(c) ABS composite sewer pipe conforming to ASTM D
2680.
(d) Reinforced plastic mortar pipe conforming to
ASTM D 3262.
(e) Cast or ductile iron pipe with a minimum
pressure rating of 150 pounds per square inch
conforming to Federal Specification WW-P421b,
or American National Standards Institute
(ANSI) A21 .51 , A21.6 or A21.8, except that
iron used in the manufacture of the pipe
shall have minimum design strength value, in
pounds per square inch, of 21,000 for
bursting strength and 45,000 for modulus of
rupture.
"Section 41-133. Inflow sources.
No person shall make connection of roof downspouts,
exterior or interior foundation drains, areaway 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 wastewater
collection system.
"Section 41-134. Building sewer connections.
The connection of the building sewer into the
public wastewater collection system shall conform to the
requirements of the Uniform Plumbing Code or other
applicable rules and regulations of the city. All such
connections shall be made gastight and watertight. Any
deviation from the prescribed procedures and materials
must be approved by the director before installation.
"Section 41-135. Connection inspection.
The applicant for the building sewer permit shall
notify the building inspector when the building sewer
is ready for inspection and connection to the public
sewer. The connection shall be made under the
supervision of the director or his representative.
"Section 41-136. Safety.
All excavations for building sewer installation shall
be adequately guarded with barricades and lights so as
to protect the public from hazard. Streets, sidewalks,
parkways, and other public property disturbed in the
course of the work shall be restored in a manner
satisfactory to the director.
"Sections 41-137 through 41-144. Reserved.
ARTICLE VII
DISCHARGE CRITERIA
"Section 41-145. General.
No person shall discharge or cause to be discharged
any stormwater, surface water, groundwater, roof runoff,
subsurface drainage, uncontaminated cooling water, or
unpolluted industrial process waters to any sanitary sewer.
Stormwater and all other unpolluted drainage shall be
discharged to sewers specifically designated as storm
sewers by the director or to a natural outlet. Such
flows are also subject to Federal and State regulations.
"Section 41-146. General discharge prohibitions.
No person shall contribute or cause to be contributed,
directly or indirectly, any pollutant or wastewater which
will interfere with the operation or performance of the
sanitary sewerage system whether or not the person(s) is
subject to National Categorical Pretreatment Standards
or any other National, State or local pretreatment
standards or requirements. When the Director determines
that person(s) are contributing to the sanitary sewerage
system, any of the enumerated substances in such amounts
as to interfere with the operation of the sanitary sewer
system, the Director shall: 1) Advise the person(s) of
the impact of the contribution and 2) Develop effluent
limitation(s) for such person to correct the interference
with the sanitary sewerage system. A person(s) may not
contribute the substances enumerated in Sections 41-147
through 41-158 to any sanitary sewerage system:
1
D
1
"Section 41-147. Explosive materials.
Any liquids, solids or gases which, 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 sanitary sewerage system or to the operation
of the sanitary sewerage system. At no time, shall two
successive readings on an explosion hazard meter, at
the point of discharge into the system (or at any point
in the system) be more than five percent (5%) nor any
single reading over ten percent (10%) of the Lower
Explosive Limit (LEL) of the meter. Prohibited
materials include, but are not limited to, gasoline,
kerosene, naptha, benzene, toluene, xylene, ethers,
alcohols, ketones, aldehydes, peroxides, chlorates,
perchlorates, bromates, carbides, hydrides and sulfides
and any other substances which the city, the State or
EPA has notified the user is a fire hazard or a hazard
to the system.
"Section 41-148. Solid or viscous substances.
Solid or viscous substances which may cause
obstruction to the flow in a sewer or other interference
with the operation of the sanitary sewerage system such
as, but not limited to: grease or garbage with particles
greater than one half inch (J") in any dimension, animal
guts or tissues, paunch manure, bones, hair, hides or
fleshings, entrails, whole blood, feathers, ashes, cinders,
sand, spent lime, stone or marble dust, metal, glass,
straw, shavings, grass clippings, rags, spent grains,
spent hops, waste paper, wood, plastics, gas, tar, asphalt
residues, residues from refining, or processing of fuel or
lubricating oil, mud or glass grinding, polishing wastes,
or any waste containing fats, wax, grease, or oil whether
emulsified or not, in excess of one hundred milligrams per
liter (100 mg/1) or containing substances which may solidify
or become viscous at temperatures between thirty-two (32)
OF and one hundred twenty (120) OF.
"Section 41-149. pH limitation.
Any wastewater having a pH less than 5.0 or higher
than 9.0, or wastewater having any other corrosive property
capable of causing damage or hazard to structures, equipment
and/or personnel.
"Section 41-150. Toxic pollutants.
Any wastewater containing toxic pollutants in
sufficient quantity, either singly or by interaction
with other pollutants, to injure or interfere with any
wastewater treatment process, constitute a hazard to
humans or animals, create a toxic effect in the
receiving waters of the sanitary sewerage system or
to exceed the limitation set forth in a Federal
Categorical Pretreatment Standard. A toxic pollutant
shall include, but not be limited to, any pollutant
identified pursuant to Section 307(a) of the Clean
Water Act.
"Section 41-151. Noxious or malodorous materials.
Any noxious or malodorous liquids, gases or solids
which either singly or by interaction with other wastes
are sufficient to create a public nuisance or hazard to
life or are sufficient to prevent entry into the sewers
for maintenance and repair.
C
"Section 41-152. Reuse or reclamation of waste.
Any substance which may cause the wastewater
treatment plant effluent or any other product of the
sanitary sewerage system such as residues, sludges or
scums to be unsuitable for reclamation and reuse or to
interfere with the reclamation process. In no case
shall a substance discharged cause the sanitary
sewerage system to be in noncompliance 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.
"Section 41-153. NPDES permit violation.
Any substance which will cause the sanitary
sewerage system to violate its NPDES and/or State
Disposal System Permit or the receiving water quality
standards.
"Section 41-154. Color, taste or odor limitations.
Any wastewater with objectionable color, taste or
odor producing substances not removed in the treatment
process, such as, but not limited to phenols, dye
wastes and vegetable tanning solutions.
"Section 41-155. Temperature limitations.
Any wastewater having a temperature which will
inhibit biological activity in the wastewater treatment
plant resulting in interference, but in no case heat in
such quantities that the influent temperature at the
wastewater treatment plant exceeds 40° C (1040F).
"Section 41-156. Oxygen demanding pollutants.
Any pollutants, including oxygen demanding
pollutants (BOD, etc.) released at a flow rate and/or
pollutant concentration which a user knows or has
reason to know will cause interference to the sanitary
sewerage system. In no case shall a slug load have a
flow rate or contain concentration or qualities of
pollutants that exceed for any time period longer than
fifteen (15) minutes more than five (5) times the
average twenty-four (24) hour concentration, quantities
or flow during normal operation.
"Section 41-157. Radioactive waste.
Any wastewater containing any radioactive waste or
isotopes of such halflife or concentration as may
exceed limits established by the director in compliance
with applicable State of Federal regulations.
"Section 41-158. Hazardous or nuisance materials.
Any wastewater which causes a hazard to human life
or creates a public nuisance.
"Section 41-159. Enforcement action.
If any waters or wastes are, or are proposed to
be, discharged to the public wastewater collection
system, which contain the substances or possess the
characteristics enumerated in Sections 41-147 through
41-158 of this Article, the director may:
(a) Reject the wastes, (refer to Section 41-6,
41-172)
(b) Require pretreatment to an acceptable condition
for discharge to the public wastewater collection
system,
(c) Require control over the quantities and rates of
discharge, and/or,
(d) Require payment to cover the added cost of handling
and treating the waste not covered by existing taxes
or user charges.
If the Director permits the pretreatment or equalization
of waste flows, the design and installation of the plants
and equipment shall be subject to the review and approval
of the Director, and subject to the requirements of all
applicable codes, ordinances, and laws. Where preliminary
treatment or flow -equalizing facilities are provided for
any water wastes, they shall be maintained continuously in
satisfactory and effective operation by the owner, at
his expense.
"Section 41-160. Grease, flammable wastes and sand.
Grease, oil, and sand interceptors shall be provided
when, in the opinion of the director, they are necessary
for the proper handling of liquid wastes containing grease
in excessive amounts, or any flammable waste, sand, or
other harmful ingredients; except that such interceptors
shall not be required for private living quarters or
dwelling units. All interceptors shall be of a type
and capacity approved by the director and shall be
located as to be readily and easily accessible for
cleaning and inspection.
"Section 41-161. Control manhole.
When required by the Director, the owner of any
property serviced by a building sewer carrying industrial
wastes shall install a suitable control manhole together
with such necessary meters and other appurtenances to the
building sewer, to facilitate observation, sampling, and
measurement of the wastes. Such a manhole, when required,
shall be accessibly and safely located, and shall be
constructed in accordance with plans approved by the
Director. The manhole shall be installed by the owner
at his expense, and shall be maintained by him so as
to be safe and accessible at all times.
"Section 41-162. Measurement, tests and analysis.
All measurements, tests and analyses of the characteristics
of waters and wastes to which reference is made in this
chapter shall be performed by a laboratory approved by
the Director and shall be determined in accordance with
the latest edition of Standard Methods for the Examination
of Water and Wastewater, published by the merican Public
Health Association, and shall be determined at the control
manhole provided, or upon suitable samples taken at said
control manhole. In the event that no special manhole has
been required, the control manhole shall be considered to
be the nearest downstream manhole in the public sewer to
the point at which the building sewer is connected.
Sampling shall be carried out by customarily accepted
methods to reflect the effect of the constituents upon
the sanitary sewerage system and to determine the existence
of hazards to life, limb, and property.
"Section 41-163. Pretreatment.
Any pretreatment standards, as established by State,
Federal, or other public agencies of jurisdiction for such
discharge, will be used as the minimum requirements by the
director as applied to this Chapter.
"Sections 41-164 through 41-170. Reserved.
ARTICLE VIII
PENALTIES AND VIOLATIONS
"Section 41-171. Vandalism.
No unauthorized person shall maliciously, willfully,
or negligently break, damage, destroy, uncover, deface,
or tamper with any structure, appurtenance, or equipment
which is a part of the sanitary sewerage system. Any
person violating this provision shall be subject to
immediate arrest under charge of disorderly conduct.
"Section 41-172. Notice.
Any person found to be violating any provision of
Articles V through VII shall be served by the City with
written notice stating the nature of the violation and
providing a reasonable time limit for the satisfactory
correction thereof. The offender shall, within the
period of time stated in such notice, permanently cease
all violations.
"Sections 41-174 through 41-180. Reserved.
ARTICLE IX
INDUSTRIAL PRETREATMENT
"Section 41-181. Purpose.
The purpose of this Article is:
(1) To prevent the introduction of pollutants into the
sanitary sewerage system which could interfere with
the normal operation of the system, and/or
contaminate the resulting sludge;
(2) To prevent the introduction of pollutants into the
sanitary sewerage system which could pass through
the system, inadequately treated, into receiving
waters or the atmosphere or otherwise be
incompatible with the system; and
"Section 41-173. Penalties.
Any person who shall continue any violation of
Articles V through VII beyond the time limit provided
for in Section 41-172 shall be guilty of a misdemeanor,
and on conviction thereof shall be fined in an amount
not exceeding one hundred dollars ($100.00) for each
violation, or a jail sentence not exceeding thirty (30)
days, or by both such fine and incarceration. If the
conviction is for a violation committed after a first
conviction, punishment shall be a fine not exceeding
three hundred dollars ($300.00) per day of such
violation, together with imprisonment of not more than
ninety (90) days as may be assessed by the court for
each day of violation. Each day in which any such
violation shall continue shall be deemed a separate
offense. Any person violating any of the provisions of
this chapter shall become liable to the city for any
expense, loss, fines, penalties or damage occasioned by
the city, by reason of such violation.
"Sections 41-174 through 41-180. Reserved.
ARTICLE IX
INDUSTRIAL PRETREATMENT
"Section 41-181. Purpose.
The purpose of this Article is:
(1) To prevent the introduction of pollutants into the
sanitary sewerage system which could interfere with
the normal operation of the system, and/or
contaminate the resulting sludge;
(2) To prevent the introduction of pollutants into the
sanitary sewerage system which could pass through
the system, inadequately treated, into receiving
waters or the atmosphere or otherwise be
incompatible with the system; and
1
(3) To improve the opportunity to recycle and reclaim
wastewaters and sludges from the system.
"Section 41-182. Policy.
This Article provides for the regulation of
contributors to the sanitary sewerage system through
the issuance of permits to certain users, as determined
by the director, and through enforcement of general
requirements for the other users, authorizes monitoring
and enforcement activities, requires user reporting,
assumes that existing customer's capacity will not be
preempted and provides for the setting of charges and
fees for the equitable distribution of costs resulting
from the program established herein.
"Section 41-183. Application.
This Article shall apply to all users that
discharge industrial wastes into the sanitary sewerage
system. Except as otherwise provided herein, the
Director shall administer, implement and enforce the
provisions of this Article.
"Section 41-184. General discharge prohibitions.
No user shall contribute or cause to be
contributed, directly or indirectly, any pollutant or
wastewater which will interfere with the operation or
performance of the sanitary sewerage system as listed
under Section 41-146.
"Section 41-185. Federal categorical pretreatment
standards.
Upon the promulgation of the Federal Categorical
Pretreatment Standards for a particular industrial
subcategory, the Federal Pretreatment Standard, if more
stringent than limitations imposed under this Article
for sources in that subcategory, shall immediately
supersede the limitations imposed under this Article.
The director shall notify all affected users of the
applicable reporting requirements under 40 CFR, Section
403.12.
"Section 41-186. Modification of federal categorical
pretreatment standards.
Where the city's sanitary sewerage system achieves
consistent removal of pollutants limited by Federal
Pretreatment Standards, the city may apply to the
approval authority for modification of specific limits
in the Federal Pretreatment Standards if the
requirements contained in 40 CFR, Part 403, Section
403.7, are fulfilled.
"Section 41-187. State requirements.
State requirements and limitations on discharges
shall apply in any case where they are more stringent
than Federal requirements and limitations or those in
this chapter.
"Section 41-188. City's right of revision.
The city reserves the right to establish by
Ordinance more stringent limitations or requirements on
discharges to the sanitary sewerage system if deemed
necessary to comply with the objectives presented in
Section 41-181.
"Section 41-189. Dilution.
No user shall increase the use of process water or
in any way attempt to dilute a discharge as a partial
or complete substitute for adequate treatment. Measures
such as dilution will not be allowed when used to achieve
compliance with the limitations contained in the Federal
Categorical Pretreatment Standards, or any other pollutant -
specific limitation(s) developed by the city or State.
"Section 41-190. Accidental discharge.
Each user, subject to the requirements of this
Article shall provide protection from accidental
discharge of prohibited materials or other substances
regulated by this Article. Facilities required to
prevent accidental discharge of prohibited materials
shall be provided and maintained at the user's own cost
and expense. Detailed plans, showing facilities and
operating procedures to provide this protection, shall
be submitted to the city for review and approval by the
city before construction of the facility. Review and
approval of such plans and operating procedures shall
not relieve the user from the responsibility to modify
the facility as necessary to meet the requirements of
this Article. In the case of an accidental discharge,
it is the responsibility of the user to immediately
telephone and notify the director of the incident. The
notification shall include location of discharge, type
of waste, concentration and volume and corrective
actions.
"Section 41-191. Written notice.
Within five (5) days following an accidental
discharge; the user shall submit to the director 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 sanitary sewerage system, fish kills or
other damage to person or property; nor shall such
notification relieve the user of any fines, civil
penalties or other liability which may be imposed by
this Article or other applicable law.
"Section 41-192. Notice to employees.
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 a dangerous discharge to occur are advised
of the emergency notification procedure.
"Section 41-193. Fees.
It is the purpose of this Article to provide for
the recovery of costs from users of the city's sanitary
sewerage system for the implementation of the program
established herein.
"Section 41-194. Charges and fees.
The city may adopt charges and fees which may
include:
(1) Fees for reimbursement of costs of setting up and
operating the city's pretreatment program;
(2) Fees for monitoring, inspections and surveillance
procedures;
(3) Fees for reviewing accidental discharge procedures
and construction;
(4) Fees for permit applications;
(5) Fees for filing appeals;
(6) Fees for consistent removal by the city of
pollutants otherwise subject to Federal
Pretreatment Standards;
(7) Other fees as the city may deem necessary to carry
out the requirements contained herein.
These fees relate solely to the matters covered by
this Article and are separate from all other fees
chargeable by the city.
"Section 41-195. Wastewater discharges.
It shall be unlawful to discharge without a city
permit to any area under the jurisdiction of the city
and/or to the sanitary sewerage system any wastewater
except as authorized by the director in accordance with
the provisions of this Article.
"Section 41-196. General perknits.
All non-domestic users, proposing to connect or to
contribute to the sanitary sewerage system shall obtain
a Wastewater Discharge Permit before connecting to or
contributing to the sanitary sewerage system. Certain
existing users identified by the director connected to
or contributing to the sanitary sewerage system shall
obtain a Wastewater Discharge Permit within one hundred
eighty (180) days after the effective date of this Article.
"Section 41-197. Permit application.
Users required to obtain a Wastewater Discharge
Permit shall complete and file with the city, an
application in the form prescribed by the city, and
accompanied by a fee of one hundred dollars ($100.00).
Existing users shall apply for a Wastewater Discharge
Permit within thirty (30) days after the effective date
of this Article and proposed new users shall apply at
least ninety (90) days prior to connecting to the
sanitary sewerage system. In support of the application,
the user shall submit, in units and terms appropriate
for evaluation, the following information:
(1) Name, address and location (if different from
the address);
(2) SIC number according to the Standard Industrial
Classification Manual, Bureau of the Budget, 1972,
as amended;
(3) Wastewater constituents and characteristics
including, but not limited to, those mentioned in
Sections 41-184 through 41-190 as determined by a
reliable analytical laboratory; sampling and
analysis shall be performed in accordance with the
procedures established by the EPA pursuant to
Section 304(g) of the Act and contained in 40 CFR,
Part 136, as amended.
(4) Time and duration of contribution;
(5) Average daily and 3 minute peak 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) 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 Operation and
Maintenance (O&M) and/or additional pretreatment
is required for the user to meet applicable
Pretreatment Standards;
(9) If pretreatment or other measures will be required
to meet the Pretreatment Standards; the shortest
schedule by which the user will provide such
additional pretreatment. The completion date in
this schedule shall be later than the compliance
date established for the applicable Pretreatment
Standard:
The following conditions shall apply to this schedule:
(a) The schedule shall contain increments of
progress in the form of dates for the
commencement and completion of major events
leading to the construction and operation of
additional pretreatment required for the user
to meet the applicable pretreatment standards
(e.g., hiring an engineer, completing
preliminary plans, completing final plans,
review and approval of construction plans by
the Director, executing contract for major
components, commencing construction,
completing construction, etc.).
(b) No increment referred to in paragraph (a)
shall exceed nine (9) months.
(c) Not later than fourteen (14) days following
each date in the schedule and the final date
for compliance, the authorized representative
of the user shall submit a progress report to
the Director including, as a minimum, whether
or not it complied with the increment of
progress to be met on such date and, if not,
the date on which it expects to comply with
this increment of progress, the reason for
delay and the steps being taken by the user
to return the construction to the schedule
established. In no event shall more than
nine (9) months elapse between such progress
reports to the director.
(10) Each product produced by type, amount, process or
processes and rate of production;
(11) Type and amount of raw materials processed
(average and maximum per day);
(12) Number and type of employees and hours of
operation of plant and proposed or actual hours of
operation of pretreatment system;
(13) Any other information as may be deemed by the
director to be necessary to evaluate the permit
application.
The city will evaluate the data furnished by the user
and may require additional information. After evaluation
and acceptance of the data furnished, the city may issue
a Wastewater Discharge Permit subject to terms and conditions
provided herein.
"Section 41-198. Permit modifications.
Within nine (9) months of the promulgation of a
National Categorical Pretreatment Standard, the
Wastewater Discharge Permit of the users subject to
such standards shall be revised to require compliance
with such standard within the time frame prescribed by
such standard. Where a user, subject to a National
Categorical Pretreatment Standard, has not previously
submitted an application for a Wastewater Discharge
Permit as required by Section 41-197 the user shall
apply for a Wastewater Discharge Permit within one
hundred eighty days (180) days after the promulgation
of the applicable National Categorical Pretreatment
Standard. In addition, the user with an existing
Wastewater Discharge Permit shall submit to the
director within one hundred eighty (180) days after the
promulgation of an applicable Federal Categorical
Pretreatment Standard, the information required by
paragraphs (8) and (9) of Section 41-197.
"Section 41-199. Permit conditions.
Wastewater Discharge Permits shall be expressly
subject to all provisions of this Article and all other
applicable regulations, and charges and fees
established by the city. Permits may contain the
following:
(1) Limits on the average and maximum wastewater
constituents and characteristics;
(2) Limits on average and maximum rate and time of
discharge or requirements for flow regulations and
equalization.
(3) Requirements for installation and maintenance of
inspection and sampling facilities;
(4) Specifications for monitoring programs which may
include sampling locations, frequency of sampling,
number, types and standards for tests and
reporting schedule;
(5) Compliance schedules;
(6) Requirements for submission of technical reports
or discharge reports (see Section 41-202);
(7) Requirements for maintaining and retaining plant
records of the user relating to wastewater
discharge as specified by the city and affording
city access thereto;
(8) Requirements for notification of the city or any
new introduction of wastewater constituents or any
substantial change in the volume or character of
the wastewater constituents being introduced into
the sanitary sewerage system.
(9) Requirements for notification of slug discharges
as per Section 41-212.
(10) Other conditions as deemed appropriate by the city
to ensure compliance with this Article.
"Section 41-200. Permit duration.
Permits shall be issued for a specific time period,
not to exceed two (2) 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 ninety (90) 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
as identified in Sections 41-184 through 41-190 are modified
or other just causes exist. The user shall be informed of
any proposed changes in his 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 schedule for compliance.
"Section 41-201. Permit transfer.
Wastewater Discharge Permits are issued for a
specific user for a specific operation. A wastewater
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 the approval of
the director.
"Section 41-202. Compliance date report.
Within ninety (90) days following the date for
final compliance with applicable pretreatment standards
or, in the case of a new source, following commencement
of the introduction of wastewater into the sanitary
sewerage system, any user subject to pretreatment
standards and requirements shall submit to the director
a report indicating the nature and concentration of all
pollutants in the discharge from the regulated process
which are limited by 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 pretreatment standards or requirements.
The report shall state whether the applicable pretreatment
standards or requirements are being met on a consistent
basis and, if not, what additional pretreatment is
necessary to bring the user into compliance with the
applicable pretreatment standards or requirements.
This statement shall be signed by an authorized
representative of the user, and certified by a
licensed professional engineer in the State of Kansas.
"Section 41-203. Periodic compliance reports,
self-monitoring.
(1) Any user subject to a pretreatment standard, after
the compliance date of such pretreatment standard
or, in the case of a new source, after
commencement of the discharge into the sanitary
sewerage system shall submit to the Director
during the months of June and December, unless
required more frequently in the pretreatment.
standard or by the Director, a report indicating
the nature and concentration, of pollutants in the
effluent which are limited by such pretreatment
standards. In addition this report shall include
a record of the estimated average and maximum
daily flows during the reporting period. At the
discretion of the Director and in consideration of
such factors as local high or low flow rates,
holidays, budget cycles, etc., the Director may
agree to alter the months during which the above
reports are to be submitted.
(2) The director may impose mass limitations on users,
where the imposition of mass limitations are
appropriate, to meet applicable pretreatment
standards or requirements. In such cases, the
report required by Section 41-203(1) above, shall
indicate the mass of pollutants regulated by
pretreatment standards in the effluent of the
user. These reports shall contain the results of
sampling and analysis of the discharge, including
the flow and the nature and concentration, or
production and mass, where requested by the
director, of pollutants contained therein which are
limited by the applicable pretreatment standards.
The frequency of monitoring shall be prescribed in
the applicable pretreatment standard. All
analysis shall be performed in accordance with the
procedures established by the EPA pursuant to
Section 304(g) of the Act and contained in 40 CFR,
Part 136 and amendments thereto or with any other
test procedures approved by the EPA. Sampling
shall be performed in accordance with the
techniques approved by the administrator.
(3) Where 40 CFR, Part 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 EPA.
"Section 41-204. Monitoring facilities.
(1) The city shall require monitoring facilities to be
provided and operated at the user's own expense
and to allow inspection, sampling and flow
measurement of the building sewer and/or internal
drainage systems. 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 the public
right-of-way and located so that it will not be
obstructed by landscaping or parked vehicles.
(2) There shall be ample room in or near such sampling
manhole or monitoring facility to allow accurate
sampling and preparation of samples for analysis.
The monitoring facility, sampling and measuring
equipment shall be maintained at all times in a
safe and proper operating condition at the expense
of the user.
(3) Whether constructed on public or private property,
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
written notification by the city.
"Section 41-205. Inspection and sampling.
The city may inspect the facilities of any user to
ascertain whether the purpose of this Chapter is being
met and all requirements are being complied with.
Persons or occupants of premises where wastewater is
created or discharged shall allow the city or their
representatives) ready access at all reasonable times
to all parts of the premises for the purpose of
inspection, sampling, records examination or in the
performance of any of their duties. The Director shall
have the right to install on the user's property such
devices as are necessary to conduct sampling
inspection, compliance monitoring and/or metering
operations. Where a user has security measures in
force which would require proper identification and
clearance before entry into their premises, the user
shall make necessary arrangements with their security
guards so that upon presentation of suitable
identification, personnel will be permitted to enter,
without delay, for the purposes of performing their
specific responsibilities.
"Section 41-206. Pretreatment.
Required users shall provide 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 director shall be provided, operated
and maintained at the user's expense. Detailed plans
showing the pretreatment facilities and operating
procedures shall be submitted to the Director for
review and shall be acceptable to the Director before
construction of the facility. The review of such plans
and operating procedures will in no way relieve the
user from the responsibility of modifying the facility
as necessary to produce an effluent acceptable to the
director under the provisions of this Chapter. Any
subsequent changes in the pretreatment facilities or
method of operation shall be reported to and be
approved by the director prior to the user's initiation
of the changes.
"Section 41-207. Publication of noncompliance.
The director shall annually publish in the
official city newspaper a list of the users which were
not in compliance with any pretreatment requirements or
standards at least once during the twelve (12) previous
months. The notification shall also summarize any
enforcement actions taken against the user(s) during
the same twelve (12) months.
u
"Section 41-208. Availability of records.
All records relating to compliance with
pretreatment standards shall be made available to the
Director upon request, except that information deemed
confidential as defined in Section 41-209.
"Section 41-209. Confidential information.
(1) Information and data on a user obtained from
reports, questionnaires, permit applications,
permits and monitoring programs and from
inspections shall be available to the public or
other governmental agency without restriction
unless the user specifically requests and is able
to demonstrate to the satisfaction of the director
that the release of such information would divulge
information, processes or methods of production
entitled to protection as trade secrets of the
user.
(2) When requested, the portions of a report which
might disclose trade secrets or secret processes
shall not be made available for inspection by the
public but shall be made available upon written
request to governmental agencies for uses related
to this Article, the National Pollutant Discharge
Elimination System (NPDES) permit, and/or the
pretreatment programs; provided, however, that
such portions of a report shall be available for
use by the State or any state agency in judicial
review or enforcement proceedings involving the
person furnishing the report. Wastewater
constituents and characteristics will not be
recognized as confidential information.
(3) Information, accepted by the Director as
confidential, shall not be transmitted to any
governmental agency or to the general public until
and unless a ten (10) day notification is given to
the user.
"Section 41-210. Harmful contributions.
The director may suspend the sanitary sewerage
service and/or a Wastewater Discharge Permit when such
suspension is necessary, in the opinion of the Director,
in order to stop an actual or threatened discharge which
presents or may present an imminent or substantial
endangerment to the health or welfare of persons, to the
environment, causes interference to the sanitary sewerage
system or causes the city to violate any condition of
its NPDES permit.
"Section 41-211. Suspension order.
Any person notified of a suspension of the sanitary
sewerage service and/or the Wastewater Discharge Permit
shall immediately stop or eliminate the discharge. 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, and/or severance of the water
supply to prevent or minimize damage to the sanitary
sewerage system or endangerment to any individuals.
The director shall reinstate the Wastewater Discharge
Permit and/or the sanitary sewerage service upon proof of
the elimination of the noncomplying 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
director within fifteen (15) days of the date of occurrence.
"Section 41-212. Revocation of permit.
Any user who violates the following conditions of
this Article or applicable State and Federal
regulations is subject to having his permit revoked in
accordance with the procedures in Sections 41-210
through 41-215:
(1) Failure of a user to factually report the
wastewater constituents and characteristics of his
discharge;
(2) Failure of the user 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 or
monitoring; or,
(4) Violation of conditions of the permit.
"Section 41-213. Notification of violation.
Whenever the director finds that any user has
violated or is violating this Article, the Wastewater
Discharge Permit, or any prohibition, limitation or
requirements contained herein, the city may serve upon
such person a written notice stating the nature of the
violation. Within thirty (30) days of the date of the
notice, a plan for the satisfactory correction thereof
shall be submitted to the director by the user.
"Section 41-214. Show cause hearing.
(a) The director may order any user who causes or allows
an unauthorized discharge to enter the sanitary sewerage
system to show cause before the governing body why the
proposed enforcement action should not be taken. A
notice shall be served on the user specifying the time
and place of a hearing to be held by the governing body
regarding the violation, the reasons why the action is to
be taken, the proposed enforcement action and directing
the user to show cause before the governing body why the
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 before the hearing. Service may
be made on any agent or officer of a corporation.
(b) The governing body may itself conduct the hearing
and take the evidence, or may designate any of its
members or any officer or employee of the director to:
(1) Issue in the name of the governing body
notices of hearings requesting the attendance
and testimony of witnesses and the production
of evidence relevant to any matter involved
in such hearings;
(2) Take the evidence;
(3) Transmit a report of the evidence and
hearing, including transcripts and other
evidence, together with recommendations to
the Governing Body for action thereon.
(c) At any hearing held pursuant to this Article,
testimony taken must be under oath and recorded
stenographically. The transcript, so recorded, will be
made available to any member of the public or any party
to the hearing upon payment of the usual charges
thereof.
(d) After the governing body has reviewed the evidence,
it may issue an order to the user responsible for the
discharge directing that, following a specified time
period, the sewer service be discontinued unless adequate
treatment facilities, devices or other related appurtenances
shall have been installed or existing treatment facilities,
devices, or other related appurtenances are properly
operated. Further orders and directives as are necessary
and appropriate may be issued.
"Section 41-215. Legal action.
If any person discharges wastewater, industrial wastes
or other wastes into the city's sanitary sewerage system
contrary to the provisions of this Article, Federal or
State pretreatment requirements, or any order of the
director, the city attorney may commence an action for
appropriate legal and/or equitable relief in the
District Court of Saline County.
"Section 41-216. Civil penalties.
Any user who is found to have violated an order of
the governing body or who willfully or negligently failed
to comply with any provision of this Article and the orders,
rules, regulations and permits issued hereunder, shall be
fined not less than one hundred dollars ($100.00) nor more
than one thousand dollars ($1 ,000.00) for each offense.
Each day on which a violation shall occur or continue
shall be deemed a separate and distinct offense. In
addition to the penalties provided herein, the City may
recover reasonable attorneys' fees, court costs, court
reporters' fees and other expenses of litigation by
appropriate suit at law against the person found to have
violated this Article or the orders, rules, regulations
and permits issued hereunder.
"Section 41-217. Falsifying information.
Any person who knowingly makes any false statements,
representation or certification in any application, record,
report, plan or other document filed or required to be
maintained pursuant to this Article or Wastewater Discharge
Permit, or who falsifies, tampers with or knowingly renders
inaccurate any monitoring device or method required under
this Article shall, upon conviction, be punished by a fine
of not more than one thousand dollars ($1,000.00) or by
imprisonment for not more than six (6) months or by
both.
"Section 41-218. Validity.
All ordinances or parts of
conflicting herewith are hereby
such inconsistency or conflict.
ordinances inconsistent or
repealed to the extent of
"Section 41-219. Invalidity.
The invalidity of any section, clause,
provision of this ordinance shall not affect
of any other part of this ordinance which
effect without such invalid part or parts."
sentence or
the validity
can be given
Section 2. That this ordinance shall be in full force and effect from
and after its adoption and publication once in the official city newspaper.
Introduced: March 12, 1984
11
[SEAL]
ATTEST:
D. L. Harrison, City Clerk
1
J
Passed: March 26, 1984
o n F. urgess, ryor