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92-9505 Water SewersKuhlC1.Printing — Salina, Kansas (Published in The Salina Journal May (o , 1992) ORDINANCE NUMBER 92-9505 AN ORDINANCE AMENDING ARTICLES V, VII, VIII, IX OF CHAPTER 41 OF THE SALINA CODE PERTAINING TO USE OF PUBLIC AND PRIVATE SEWERS AND DRAINS IN THE CITY OF SALINA, KANSAS; AND REPEALING THE EXISTING ARTICLES. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That Article V of Chapter 41 of the Salina Code is hereby amended to read as follows: "CHAPTER 41 ARTICLE V. USE OF PUBLIC AND PRIVATE SEWERS AND DRAINS "Section 41-110. Definitions. The following definitions shall apply to the enforcement of articles V through IX of this chapter. "Section 41-110.1. Abbreviations. The following abbreviations shall have the designated meanings: (a) BOD: Biochemical oxygen demand [five (5) day, unless otherwise noted as "Ultimate BOD"]. (b) C.F.R.: Code of federal regulations. Any reference to a section of the C.F.R. shall include the section as in effect upon the adoption of the ordinance or as it may subsequently be amended or renumbered. (c) COD: Chemical oxygen demand. (d) EPA: Environmental Protection Agency. (e) K.A.R.: Kansas administrative regulations. Any reference to a section of the K.A.R. shall include the section as in effect upon the adoption of the ordinance or as it may subsequently be amended or renumbered. (f) KDH&E: Kansas Department of Health and Environment. (g) K.S.A.: Kansas Statutes Annotated. Any reference to a section of the K.S.A. shall include the section as in effect upon the adoption of the ordinance or as it may subsequently be amended or renumbered. (h) 1: Liter. Kinn -Cox — Salina. Kansas (i) mg: Milligrams (j) mq/1: Milligrams per liter (k) NPDES: National pollutant discharge elimination system. (1) SIC: Standard industrial classification. "Section 41-110.2. Act or the act. The Federal Water Pollution Control Act, also know as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq. "Section 41-110.3. American Society of Testing Materials (ASTM). The American Society of Testing Materials or publications thereof. "Section 41-110.4. Approval authority. The Environmental Protection Agency. "Section 41-110.5. Authorized representative. An authorized representative of a user may be: (a) a responsible corporate officer, if the Industrial User is a corporation. For the purpose of this paragraph, a responsible corporate officer means 1. a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or 2. the manager of one or more manufacturing, production, or operations facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (b) a general partner or proprietor if the Industrial User is a partnership or sole proprietorship respectively. (c) a duly authorized representative of the individual designated in paragraph (a) or (b) of this section if: 1. The authorization is made in writing by the individual described in paragraph (a) or (b); Kuhn -C- Printing — Sa1,n Kensas 2. The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the Industrial Discharge originates, such as the position of plant manager, operator of a well, or well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and 3. The written authorization is submitted to the Control Authority. "Section 41-110.6. Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees Centigrade, expressed in milligrams per liter (mg/1). "Section 41-110.7. Building drain. That part of the lowest horizontal piping of 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. "Section 41-110.8. Building sewer. The extension from the building drain to the public wastewater collection system or other place of disposal. "Section 41-110.9. Bypass. The intentional diversion of wastestreams from any portion of a users treatment facility. "Section 41-110.10. Chemical Oxygen Demand (COD). The oxygen consuming capacity of inorganic and organic matter present in wastewater expressed as the amount of oxygen consumed from a chemical oxidant as under standard laboratory procedure in milligrams per liter. "Section 41-110.11. City. The Municipality of Salina, Kansas. "Section 41-110.12. Combined sewer. A sewer receiving both surface runoff and sewage. Kuhn -COR Priming — Salina, Kansas "Section 41-110.13. Composite sample. A combination of individual samples in which the volume of each individual sample is proportional to the discharge flow. The sample frequency is proportional to the flow rate over the sample period or the sample frequency is proportional to time. "Section 41-110.14. Control authority. The Director of Utilities for the City of Salina. "Section 41-110.15. Cooling authority. The water discharged from any use such as air conditioning, cooling or refrigeration or to which the only pollutant added is heat. "Section 41-110.16. Department. The City of Salina Utilities Department. "Section 41-110.17. Direct discharge. The discharge of sewage into waters of the state. "Section 41-110.18. Director. The Director of Utilities of the City of Salina, Kansas, or his delegated representative. "Section 41-110.19. Domestic wastewater. Any wastewater discharged from any user that has characteristics that could be reasonably expected from a household. "Section 41-110.20. Environmental Protection Agency (EPA). The U.S. 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. "Section 41-110.21. Categorical pretreatment standards. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1317), which applies to a specific category of Industrial Users. "Section 41-110.22. Four-day average. The arithmetic average concentration value for four consecutive monitoring days. Kuhn -Car Printing — Sabina. Kansas "Section 41-110.23. Garbage. Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce. "Section 41-110.24. Governing body. The board of commissioners of the City of Salina, Kansas. "Section 41-110.25. Grab sample. An individual sample collected in less than 15 minutes. "Section 41-110.26. Health officer. A person having public health responsibility by the State of Kansas and/or by Saline County. "Section 41-110.27. Holding tank waste. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum pump tank trucks. "Section 41-110.28. Indirect discharge. The introduction of pollutants into a POTW from any nondomestic source regulated under section 307 (b), (c) or (d) of the Act. "Section 41-110.29. Industrial user. A source of indirect discharge. "Section 41-110.30. Industrial wastes. The liquid wastes from industrial manufacturing processes, trade, or business as distinct from domestic wastewater. "Section 41-110.31. Interference. A discharge which, alone or in conjunction with a discharge or discharges from other sources, both: a. Inhibits or disrupts the POTW, its treatment processes or operation, or its sludge processes, use or disposal; and b. Therefore is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations): Section 405 of the Clean Water Act, the Kuhn -Cox Priming — Salina. Kansas Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act. "Section 41-110.32. Local limits. Specific prohibitions or limits on pollutants or pollutant parameters developed by a POTW in accordance with 40 C.F.R. S 403.5(c) for the purpose of implementing the prohibitions listed in 40 C.F.R. S 403.5(a)(1) and (b). "Section 41-110.33. Municipal sewer system. Sanitary sewers, pumping stations, sewage treatment plants, main sewers, interceptor sewers, outfall sewers, and works for the collection, transportation, pumping and treating of wastewater, sewage or industrial waste thereto, necessary in the maintenance and operation of the same. "Section 41-110.34. Pretreatment standard or standard. Any local, state, or federal regulation containing pollutant discharge limits. This term includes local limits, prohibitive discharge limits including those promulgated under 40 C.F.R. § 403.5, and categorical pretreatment standards. "Section 41-110.35. National Pollutant 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). "Section 41-110.36. National prohibitive discharge standard or prohibitive discharge standard. Any (present or future) regulation developed under the authority of 307(b) of the act and 40 C.F.R. S 403.5. "Section 41-110.37. Natural outlet. Any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater. Kinn-Gox Prinbin� — Sabina. Kansas "Section 41-110.38. New source. (1) 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 under section 307(c) of the Act which will be applicable to such source if such Standards are thereafter promulgated in accordance with that section, provided that: (a) The building, structure, facility or installation is constructed at a site at which no other source is located; or (b) The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or (c) 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 plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered. (2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does building, structure, installation meeting paragraphs (1)(b), or section but otherwise or adds to existing prop equipment. (3) Construction of defined under this commenced if the owner not create a new facility or the criteria of (1)(c) of this alters, replaces, :ess or production a new source as paragraph has or operator has: (a) Begun, or caused to begin as part of a continuous on site construction program: (i) Any placement, assembly, or installation of facilities or equipment; or (ii) Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or Kuhn COx Priming - Saline Kansas - (b) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this paragraph. "Secton 41-110.39. Ph. The negative logarithm of the hydrogen ion concentration measured in grams per liter of a solution. "Section 41-110.40. Pass through. A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation). "Section 41-110.41. Person. Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity or their legal representatives, agents or assigns. The singular shall include the plural where indicated by the context. "Section 41-110.42. Pollution. The man-made or man -induced alteration of the chemical, physical, biological or radiological integrity of water. "Section 41-110.43. Pollutant. Any dredged spoil, solid waste, incinerator residue, 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. "Section 41-110.44. Pretreatment or treatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging, or otherwise introducing such pollutants into a POTW. The reduction or alteration may be obtained by physical, chemical, or biological process, process KUM1 n -Cox Priming -- Salina, Kansas — changes, or by other means, except where prohibited by 40 C.F.R. S 403.6(d). Appropriate pretreatment technology includes control equipment, such as equalization tanks or facilities, for protection against surges or slug loadings that might interfere with or otherwise be incompatible with the POTW. However, where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the effluent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance with 40 C.F.R. S 403.6(e). "Section 41-110.45. Pretreatment requirements. Any substantive or procedural requirement relating to pretreatment, other than a national pretreatment standard imposed on a user. "Section 41-110.46. Reserved. "Section 41-110.47. Private sewer. A sewer not owned or maintained by the City of Salina. "Section 41-110.48. Private wastewater disposal system. Any system of wastewater disposal not publicly owned or operated. "Section 41-110.49. Private water supply. All water supplies not owned and operated by the City of Salina. "Section 41-110.50. Properly shredded garbage. The wastes from the preparation, cooking, and 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 inch (1.27 centimeters) in any dimension. "Section 41-110.51. Public sewer. A sewer in which all owners of abutting properties have equal rights and is controlled by public authority. "Section 41-110.52. Public water supply. All water supplies owned and operated by the City of Salina. K,h, Co. Printing — Sabina. Kansas — "Section 41-110.53. Publicly Owned Treatment Works ("POTW"). A treatment 212 of the Act, municipality (as the Act). Th devices and sy: treatment, recl municipal sewagE liquid nature. 7 and other conve works as defined by Section which is owned by a State or defined by Section 502(4) of Ls definition includes any stems used in the storage, cling and reclamation of or industrial wastes of a t also includes sewers, pipes yances only if they convey wastewater to a POTW Treatment Plant. The term also means the municipality as defined in Section 502(4) of the Act, which has jurisdiction over the Indirect Discharges to and the discharges from such a treatment works. "Section 41-110.54. Sanitary Sewer. A sewer which carries wastewater and to which storm, surface and groundwater are not intentionally admitted. "Section 41-110.55. 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). "Section 41-110.56. Sewer. A pipe or conduit for wastewater. "Section 41-110.57. Shall. "Shall" is mandatory, permissive. carrying "may" is "Section 41-110.58. Significant industrial user. (i) all categorical industrial users and (ii) any noncategorical industrial user that: (a) Discharges an average of 25,000 gallons per day or more of process wastewater ("process wastewater" excludes sanitary, noncontact cooling and boiler blowdown wastewater); (b) Contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic (BOD, TSS, etc.) capacity of the treatment plant; or (c) Has a reasonable potential, in the opinion of the Control or Approval Authority, to adversely affect the POTW Kuh n Co. Prin�rng — Sabina. Kanses treatment plant (inhibition, pass-through of pollutants, sludge contamination, or endangerment of POTW workers). "Section 41-110.59. Slug load. Any pollutant (including BOD) released in a discharge at a flow rate or concentration which will cause a violation of the specific discharge prohibition in 40 C.F.R. S 403. "Section 41-110.60. State. State of Kansas. "Section 41-110.61. Standard Industrial Classification (SIC). A classification pursuant to the Standard Industrial Classification Manual issued by the executive office of the president, office of management and budget, 1972. "Section 41-110.62. 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. "Section 41-110.63. Storm water. Any flow occurring during or following any form of natural precipitation and resulting therefrom. "Section 41-110.64. 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. "Section 41-110.65. 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. "Section 41-110.66. Total toxic organics. As defined in the applicable pretreatment standards as found in 40 C.F.R. Chapter I, Subchapter N, Parts 405-471. Kuhn -Cox Priming — sauna, Kansas "Section 41-110.67. Toxic pollutant. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of EPA under the provision of the Clean Water Act 307(a) f40 C.F.R. Part 403 Appendix B}. "Section 41-110.68. Uniform plumbing code. The latest revision of the uniform plumbing code published by the International Association of Plumbing and Mechanical Officials. "Section 41-110.69. Upset. An exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, lack of preventative maintenance, or careless or improper operation. "Section 41-110.70. User. Any person who contributes, causes or permits the discharge of wastewater into the city's sanitary sewerage system. "Section 41-110.71. 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. "Section 41-110.72. 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. Kunn-Cox Priming — Sabina. Kansas "Section 41-110.73. 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. "Section 41-110.74. Water Pollution Control Federation (WPCF) or publications thereof. The water environment federation or publications thereof. "Section 41-110.75. 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 state or any portion thereof. "Section 41-110.76. Watercourse. A channel in which a flow of water occurs, either continually or intermittently. "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 an any area under the jurisdiction of the 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. "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. KUM1n Cox Pnnting — Salina K -- "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 the owner(s) 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 the 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." "Sections 41-116 - 41-124. Reserved. Section 2. That Article VII of Chapter 41 of the Salina Code is hereby amended to read as follows: 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 sewer 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(s) which cause pass through or interference. Any trucked or hauled pollutants shall not be contributed, directly or indirectly, to the POTW except at discharge points designated by the POTW. These general prohibitions and the specific prohibitions enumerated in this Article apply to each user Kuhn -Cox P 1,11g — Sarna, Kensas introducing pollutants into a POTW whether or not the user is subject to other national pretreatment standards or any other national, state or local pretreatment standards or requirements. "Section 41-147. Flammable or Explosive materials. No person shall discharge or cause to be discharged any pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Centigrade) using the test methods specified in 40 C.F.R. S 261.21. "Section 41-148. Solid or viscous substances. No person shall discharge or cause to be discharged any solid or viscous substances which may cause obstruction, interference, or pass through to the POTW such as, but not limited to: Petroleum oil, nonbiodegradable cutting oil, products of mineral oil origin, grease or garbage with particles greater than one-half inch 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) degrees Fahrenheit and one hundred twenty (120 degrees Fahrenheit. "Section 41-149. Ph limitations. No person shall discharge or cause to be discharged 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. No person shall discharge or cause to be discharged 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, which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems, 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 K uM1ri-Cox P—(., — Salina. Kansas to, any pollutant identified pursuant to section 307(a) of the Clean Water Act. "Section 41-151. Noxious or malodorous. No person shall discharge or cause to be discharged 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. "Section 41-152. Reuse or reclamation of waste. No person shall discharge or cause to be discharged 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 discharge 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. No person shall discharge or cause to be discharged 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 set forth in K.A.R. 28-16-28b through 28-16-28f. "Section 41-154. Color, taste or odor limitations. No person shall discharge or cause to be discharged 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. No person shall discharge or cause to be discharged 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 forty (40) degrees Centigrade (104 degrees Fahrenheit). Kuhn -Cox Printing — Salina. Kensae "Section 41-156. oxygen demanding pollutants. No person shall discharge or cause to be discharged 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 concentrations 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. No person shall discharge or cause to be discharged any wastewater containing any radioactive waste or isotopes of such half- life or concentration as may exceed limits established by the director in compliance with applicable state or federal regulations. "Section 41-158. Hazardous or nuisance materials. (a) No person shall discharge or cause to be discharged substances, materials, water or wastes which create a public nuisance. No materials shall be discharged, other than aqueous mixtures generated during normal process operations, that are considered hazardous as defined by 40 C.F.R. § 261.21 (ignitable), § 261.22 (corrosive), S 261.23 (reactive), § 261.24 (EP toxicity), 5 261.31 (hazardous waste from nonspecific sources), and § 261.32 (hazardous waste from specific sources). Under no circumstances shall concentrated hazardous wastes be discharged to the sewer system. (b) The user shall notify the POTW, the EPA Regional Waste Management Division Director, and State hazardous waste authorities in writing of any discharge into the POTW of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 C.F.R. Part 261. Such notification must include the name of the hazardous waste as set forth in 40 C.F.R. Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the user: (1) an identification of the hazardous constituents contained in the wastes; (2) an estimation of the mass and concentration of such constituents in the wastestream expected to be discharged during that calendar month; and KUM1n-Cox Printing — Salina. K-- (3) an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months. All notifications must take place within one hundred eighty (180) days of the effective date of this ordinance. Users who commence discharging after the effective date of this ordinance shall provide the notification no later than one hundred eighty (180) days after the discharge of the listed or characteristic hazardous waste. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under section 41-190a. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of 40 C.F.R. S 403.12(b)(d)and (e). (c) Discharges are exempt from the requirements of paragraph (b) of this section during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 C.F.R. S 261.30(d) and (e). Discharge of more than fifteen (15) kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 C.F.R. S 261.30(d) and (e) requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification. (d) In case of any new regulations under section 3001 of the Resource Conservation and Recovery Act (RCRA) identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the POTW, the EPA Regional Waste Management Waste Division Director, and State hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulation. (e) In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical. "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: (1) Reject the wastes (see sections 41- 6, 41-172), Nunn -C_ Priming — Sabina. Kansas (2) Require pretreatment to an acceptable condition for discharge to the public wastewater collection system, (3) Require control over the quantities and rates of discharge, and/or (4) 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. Test Procedures. All analysis required by an Industrial Wastewater Discharge Permit shall conform to the techniques prescribed in 40 C.F.R. Part 136. All self monitoring analysis or compliance monitoring requires the use of a laboratory certified by KDHE for both the method of analysis and the parameter. For each measurement or sample the permittee shall record the exact place, date, and time of sampling; the date of the analysis, the Kinn -C.. Priming — Salina Kansas analytical techniques or methods used, and the individual(s) or name of the laboratory who performed the sampling and analysis and results. If the permittee monitors any pollutant at the location(s) designated in the Industrial Wastewater Discharge Permit more frequently than required, using approved procedures, the results shall be included in the Periodic Compliance Report. Such increased frequencies shall also be indicated. "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. Section 3. That Article VIII of Chapter 41 of the Salina Code is hereby amended to read as follows: 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 user 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. The offender shall permanently cease all violations. "Section 41-173. Penalties and recovery of losses of the city. Any user who violates articles V through VII: (1) Shall be guilty of a misdemeanor, and on conviction thereof shall be fined in an amount up to one thousand dollars ($1000) for each violation, or imprisonment not exceeding thirty (30) days, or by both such fine and imprisonment. If the conviction is for a violation committed after a first conviction, punishment shall be a fine of up to one thousand dollars ($1000) for each violation, or imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment. Each day in which any such violation shall continue shall be deemed a separate offense. (2) Shall become liable to the city for any expenses (including legal fees), costs, losses, fines, penalties, damages, or judgments incurred by the city, arising out of such violation." Kinn -C- Priming — Sabina. Kansas _ Section 4. That Article IX of Chapter 41 of the Salina Code is hereby amended to read as follows: 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 (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, administration and enforcement. 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. To assist in the enforcement of the provisions of this article, the director is authorized to develop, implement, and amend as may be necessary from time to time, an industrial pretreatment program enforcement policy. The guidelines contained in the policy shall be regarded as guidance for minimum action and shall not preclude more strenuous action under this article if deemed necessary by the director. Kuhn -Cox Pri n��ng — Salina, Kansas "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. Industrial users shall provide necessary wastewater treatment as required to comply with the most stringent provisions of this ordinance, federal pretreatment standards, as established by 40 C.F.R. Chapter I, Subchapter N, Parts 405-471, State standards and permit conditions, and shall achieve compliance with all National Categorical Pretreatment Standards within the time limitations as specified by the Federal Pretreatment Regulations, and with any other pretreatment standards by applicable deadlines. "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 C.F.R. S 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 permittee shall increase the use of potable, cooling, or process water, or in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the Federal Categorical Pretreatment Standards, or any other pollutant - specific limitation(s) developed by the City or State. Kuh n Cx Priming — $alma. Kansas "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. All categorical and non -categorical users shall notify the POTW immediately of all discharges that could cause problems to the POTW, including any slug loadings, by the user. 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 41-190.1. Notification of changed discharge. All Industrial Users shall promptly notify the POTW in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the Industrial User has submitted initial notification under 40 C.F.R. S 403.12(p). "Section 41-191. Noncompliance notification. If for any reason, the Industrial User does not comply with or will be unable to comply with any effluent limitations specified in this ordinance or the Industrial Wastewater Discharge Permit, the User shall provide the Department with the following information: a. Immediately upon becoming aware of such a condition verbal notification must be made containing the following information: 1. A description of the discharge and cause of noncompliance, and 2. The period of noncompliance including exact date and times or if not corrected, the anticipated time the noncompliance is expected to continue, and the steps taken to reduce, eliminate and prevent recurrence of the noncomplying discharge Kuhn -Cox Prin!inq — Sabine, Kansas b. Within five (5) days of becoming aware of such a condition a written report must be submitted containing the following information: 1. A description of the discharge and cause of noncompliance and 2. The period of noncompliance including exact dates and times or if not corrected, the anticipated time the noncompliance is expected to continue, and the steps taken to reduce, eliminate and prevent recurrence of the noncomplying discharge. The above information shall also be provided with the submittal of the Periodic Compliance Report. "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 ensure 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. Kinn -Cow P-1,,9 — S11— Kansas The 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. No industrial user as defined in this Chapter shall discharge any wastewater into the POTW contained within the jurisdiction of the City without a City permit. "Section 41-196. General permits. All nondomestic 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). 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 KDH&E certified 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 C.F.R. Part 136, as amended; 4. Time and duration of contribution; 5. Average daily and three-minute peak wastewater flow rates, including daily, monthly and seasonal variations if any; KuhnC1.P,i ming — S.11— Kansas 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 not 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 Kuhn -Con Printing — Salina. Kansas 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. The user shall submit a list of any environmental control permits held by or for the facility. 14. 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. As soon as possible subsequent to the promulgation of changes to any 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 forty-five (45) 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 subsections 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 shall contain the following: 1. Statement of duration; Kuhn -Cox Printing — S11!n K- 2. Statement of non -transferability without, at a minimum, prior notification to the POTW and provision of a copy of the existing control mechanism to the new owner or operator; 3. Effluent limits based on applicable general pretreatment standards in 40 C.F.R. Part 403, categorical pretreatment standards, local limits, and State and local law; 4. Self-monitoring sampling, reporting, notification and record keeping requirements, including an identification of the pollutants to be monitored, sampling location, sampling frequency, and sample type, based on the applicable general pretreatment standards contained in 40 C.F.R. Part 403, categorical pretreatment standards, local limits, and State and local law; 5. Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedules may not extend the compliance date beyond applicable federal deadline. 6. 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. K uM1n-C.x Printing — Saii a, Kansas "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. (a) 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 indicting 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 reported 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. (b) 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 by a KDH&E certified laboratory in accordance with the procedures established by the EPA pursuant to Kinn-Co. Printing — S,1;- Kan section 304(h) of the act and contained in 40 C.F.R. 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 EPA. "Section 41-204. Monitoring facilities. (a) The city shall require monitoring facilities to be provided and operated at the user's own expense and to allow inspection, sampling and flow measurements 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. (b) 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. (c) 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. (a) Right of Entry. The permittee shall allow authorized representatives of the Department, KDH&E, or Division or the EPA upon presentation of credentials, to enter upon the permitee's premises and at reasonable time to have access to and copy any record required to be kept by the Industrial User to inspect Monitoring equipment or monitoring methods(s) required by the Industrial Wastewater Discharge Permit, and to sample any discharge from the facility or any waste or material generated or stored on the premises. (b) Monitoring Manhole. When required by the Director, the Industrial User shall install a suitable monitoring manhole(s) together with such necessary meters and other appurtenances to facilitate observation, sampling and monitoring of wastes. Such a manhole, when required, shall be readily accessible in a safe location, and shall be constructed in accordance with plans approved by the Director. The manhole shall be installed by the Industrial User, at the Industrial User's expense, and shall be maintained so as to be safe and accessible at all times. rcunn Gox P, ­ g — Sabina. rcan "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 bi-annually publish in the largest daily newspaper a list of instances of significant non-compliance. For purposes of this section, instances of significant non-compliance are industrial users which meet one or more of the following criteria: 1. Violations of wastewater discharge limits. (a) Chronic violations. Sixty-six percent or more of the measurements exceed the same daily maximum limit or the same average limit in a 6 -month period (any magnitude of exceedance). (b) Technical Review Criteria (TRC) violations. Thirty-three percent or more of the measurements exceed the same daily maximum limit or the same average limit by more than the TRC in a 6 -month period. There are two groups of TRCs: Group I for conventional pollutants (BOD, TSS, fats, oil, and grease) TRC = 1.4 Group II for all other pollutants TRC = 1.2 (c) Any other violation(s) of an effluent limit (average or daily maximum) that the Control Authority believes has caused, alone or in combination with Kuhn -Cox Printing — Selina, Kensa9 other discharges, interference (e.g., slug loads) or pass- through; or endangered the health of the sewage treatment personnel or the public. (d) Any discharge of a pollutant that has caused imminent endangerment to human health/welfare or to the environment and has resulted in the POTWs exercise of its emergency authority under section 41-210 or 41-211 to halt or prevent such a discharge. 2. Violations of compliance schedule milestones, contained in a local control mechanism or enforcement order, for starting construction, completing construction, and attaining final compliance by 90 days or more after the schedule date. 3. Failure to provide reports for compliance schedules, self- monitoring data, or categorical standards (baseline monitoring reports, 90 -day compliance reports, and periodic reports) within 30 days from the due date. 4. Failure to accurately report non- compliance. 5. Any other violation or group violations that the Control Authority considers to be significant. "Section 41-208. Recordkeeping requirements. (a) Any industrial user subject to the reporting requirements established in this ordinance shall maintain records of all information resulting from any monitoring activities required by this ordinance. Such records shall include for all samples: (1) The date, exact place, method, and time of sampling and the names of the person or persons taking the samples; (2) The dates analyses were performed; (3) Who performed the analyses; (4) The analytical techniques and methods used; and (5) The results of such analyses. (b) Any user subject to the reporting requirements established in this ordinance shall be required to retain for a minimum of 3 years any records of monitoring activities and results (whether or not such monitoring activities are required by this section) and Kinn -Cox Printing — Sabina. Kansas shall make such records available for inspection and copying by the Director, KDH&E, and the EPA except that information deemed confidential as defined in Section 41-209. This period of retention shall be extended during the course of any unresolved litigation regarding the user or the POTW or when requested by the Director, KDH&E or the EPA. "Section 41-209. Confidential information. (a) 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. (b) 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. "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 may 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 K— Cux Panting — Sabina. Kansas 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 five (5) 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 five (5) 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 authorized 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: Kinn -Cox Priming -- S11— Kansas (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 violates the provisions of this Article, federal or state pretreatment requirements or any order of the City, the City Manager may cause an action to be brought in the name of the City in a court of competent jurisdiction for appropriate legal and/or equitable relief. "Section 41-216. Penalties, costs and losses of city. Any user who is found to have violated an order of the governing body or who has failed to comply with any provision of this Article, or the orders, rules, regulations and permits issued hereunder: (1) May be assessed a criminal or civil penalty of up to one thousand dollars ($1,000) for each offense. Each calendar 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, and witness fees and expenses against the person found to have violated this article or the orders, rules, regulations and permits issued hereunder. Kuhn -Cox Printing — Selina. K.— (2) Shall become liable to the city for any expenses (including legal fees), costs, losses, fines, penalties, damages, or judgments incurred by the city, arising out of such violation. "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 up to one thousand dollars ($1,000) for each offense. "Section 41-218. Validity. All ordinances or parts of ordinances inconsistent or conflicting herewith are hereby repealed to the extent of such inconsistency or conflict. "Section 41-219. Invalidity. The invalidity of any section, clause, sentence or provision of this chapter shall not affect the validity of any other part of this chapter which can be given effect without such invalid part or parts. "Section 41-220. Reporting and signatory requirements. (:-,) Pursuant to the requirements of 40 C.F.R. S 403.12, the industrial user shall submit to the City all required reports, includ.ng baseline monitoring reports, compliance schedules, progress reports, permit application, 90 -day compliance reports, self- monitoring reports, or any other technical or discharge reports as directed by the City. (b) All reports specified in 40 C.F.R. S 403.12, including those in paragraph (a) of this section, shall include the certification statement as set forth below and in 40 C.F.R. S 403.6(a)(2)(ii), and shall be signed by an authorized representative of the industrial user: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, Ku C,. Pr 1, — Sei a, Kansas accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." "Section 41-221. Public accessibility of records. Except for data determined to be confidential under 33 USC Section 1318 and/or K.A.R. 28-16-96, all reports prepared in accordance with the terms in the Industrial Waste Water Discharge Permit and this ordinance shall be available for public inspection at the office of the Department. Effluent shall not be considered confidential. Knowingly making any false statement on any report or tampering with equipment to falsify data may result in the imposition of criminal penalties as provided for in 33 USC Section 1319, K.S.A. 65-170c and/or K.A.R. 28-16-94. "Section 41-222. Authorization of local limits. The Director is authorized to develop and enforce specific local limits as required by 40 C.F.R. S 403.5(c)(1), or demonstrate that they are not necessary." Section 5. That the existing Articles V, VII, VIII, and IX are hereby repealed. Section 6. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. (SEAL) ATTEST: Jacqueline Shiever, CMC City -Clerk Introduced: April 20, 1992 Passed: April 27, 1992 Carol E. Beggs, Mayor