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