HomeMy WebLinkAboutOrdinance 85- 1184 Repeals and replaces Ch. 13.28, sewage disposal system; repeals 88 13.36.120, 13.36.130 and Ch. 13.40
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ORDINANCE NO. 1184
AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING CHAPTER
13.28 OF THE BOZEMAN MUNICIPAL CODE PROVIDING FOR RULES AND
REGULATIONS FOR THE OPERATION OF THE SEWAGE DISPOSAL SYSTEM FOR
THE CITY OF BOZEMAN SEWER UTILITY DIVISION; REPEAL OF SECTIONS
13.36.120 AND 13.36.130 OF CHAPTER 13.36 OF THE BOZEMAN MUNICIPAL
CODE; AND REPEAL OF CHAPTER 13.40.
PREAMBLE I
The purpose of this amendment is to expand the rules and regulations for the
operation of the sewage disposal system in compliance with the Environmental
Protection Agency.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN:
Section 1
That Chapter 13.28 of the Bozeman Municipal Code be and the same is hereby amended
to read as follows:
13.28.010 Purpose and policy.
13.28.020 Definitions.
13.28.030 Abbreviations.
13.28.040 Discharge prohibitions.
13.28.050 Water dischargers.
13.28.060 Permit required for connection or use.
13.28.070 Sand and grease traps.
13.28.080 Construction and materials standards. I
13.28.090 Use of old building sewers permitted when.
13.28.100 Building sewer--Location.
13.28.110 Building sewer--Excavatlons.
13.28.120 Building sewer--Connectlon to system--Specifications.
13.28.130 Bui Iding sewer--I nspection requl rements.
13.28.140 Connection to public sewer required when.
13.28.150 Private sewage disposal facilities--Restrictions.
13.28.160 Discharge of unpolluted waters to sanitary sewer prohibited unless approved.
13.28.170 Connecting downspouts or drains to building sewer prohibited when.
13.28.180 Special agreements for sewage treatment.
13.28.190 National categorical pretreatment standards.
13.28.200 State requirements.
13.28.210 Excessive discharge.
13.28.220 Accidental discharges--Notice to employees.
13.28.230 Wastewater classification survey.
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13.28.240 Industrial discharge permit.
13.28.250 Monitoring facilities.
13.28.260 Sampling and analysis.
13.28.270 Reporting requirements.
13.28.280 Suspension and revocation of permit.
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13.28.290 Nulsance--I njunctive relief avai lable--Liability.
13.28.300 Criminal penalties.
13.28.010 Purpose and policy.
I A. This chapter sets forth uniform requirements for direct and indirect contributors into
the wastewater collection and treatment system for the City of Bozeman and enables the City
to comply with all applicable State and Federal laws required by the Clean Water Act of 1977
and the General Pretreatment Regulations (40 CFR, Part 403).
B. The objectives of this chapter are:
1. To prevent the introduction of pollutants into the municipal wastewater system which
will interfere with the operation of the system or contaminate the resulting sludge;
2. To prevent the introduction of pollutants Into the municipal wastewater system which
will pass through the system, inadequately treated, Into receiving waters or the
atmosphere or otherwise be incompatible with the system;
3. To improve the opportunity to recycle and reclaim wastewaters and sludges from the
system; and
4. To provide for equitable distribution of the cost of the municipal wastewater system.
c. This chapter provides for the regulation of direct and indirect contributors to the
I municipal wastewater system through the issuance of permits to certain non-domestic users
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 fees for the equitable distribution of
costs resulting from the program established herein.
13.28.020 Definitions.
Unless the context specifically indicates otherwise, the following terms and phrases, as
used in this chapter, shall have the meaning hereinafter designated:
1. Act of lithe Act". The Federal Water Pollution Control Act, also known as the Clean
Water Act (CWA), as amended, 33 U.S.C. 1251, et seq.
2. Authorized Representative of Industrial User. An authorized representative of an
Industrial User may be:
(a) A principal executive officer or an officer of at least the level of vice-president,
if the Industrial User- is a corporation;
(b) A general partner or proprietor if the industrial user is a partnership or
I proprietorship, respectively;
(c) A duly authorized representative of the individual designated above if such
representative is responsible for the overall operation of the facilities from which
the indirect discharge originates.
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3. Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedure, five (5) days at 200
centigrade expressed in terms of weight and concentration (milligrams per liter
( mg /I ) ) .
4. Building drain means that part of the lowest horizontal piping of a drainage system I
which receives the discharge from soil, waste and other drainage pipes inside the walls
of buildings and conveys It to the building sewer, beginning five feet outsi-de the
inner face of the building wall.
5. Building sewer means the extension from the building drain to the public sewer or
other place of disposal.
6. Categorical standards. National Categorical Pretreatment Standards or Pretreatment
Standard.
7. City. The City of Bozeman, Montana.
8. Combined sewer means a sewer receiving both surface run-off and sewage.
9. Cool ing water. The water discharged from any use such as air conditioning, cooling
or refrigeration, or to which the only pollutant added is heat.
10. Di rect discharge. The discharge of treated or untreated wastewater directly to the
waters of the state of Montana.
11. Engineer means the Engineering Officer, or his authorized deputy, agent or
representative.
12. Estimated maximum daily discharge means the greatest discharge into the sewerage I
system which it is estimated will occur in anyone twenty-four hour day during the
yea r.
13. Garbage means solid wastes from the preparation, cooking and dispensing of food, and
from the handling, storage and sale of produce.
14. Grab sample. A sample which is taken from a waste stream on a one-time basis with
no regard to the flow in the waste stream and without consideration of time.
15. Holding tank waste. Any waste from holding tanks such as chemical toilets, campers,
trailers, septic tanks, and vacuum pump tank trucks.
16. Indirect discharge. The discharge or the introduction of nondomestic pollutants from
any source regulated under Section 307(b) or (c) of the Act, (33 U.S.C. 1317), into
the Publicly owned treatment works (POTW).
17. Industrial user. Any user that discharges wastewater other than domestic wastes from
industrial or commercial processes.
18. Industrial wastes mean the liquid wastes from industrial processes, as distinct from
sanitary sewage. I
19. Interference. The inhibition or disruption of the POTW treatment processes or
operations which contributes to a violation of any requirement of the City's NPDES
Permit. The term includes prevention of sewage sludge use or disposal by the POTW
in accordance with 405 of the Act (33 U.S.C. 1345) or any criteria, guidelines, or
regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air
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Act, the Toxic Substances Control Act, or more stringent state criteria (including
those contained in any state sludge management plan prepared pursuant to Title IV of
SWDA) applicable to the method of disposal or use employed by the POTW.
20. National Categorial Pretreatment Standard or Pretreatment Standard. Any regulation
I containing pollutant discharge limits promulgated in accordance with Section 307(b) and
(c) of the Act (33 U.S.C. 1347) which applies to a specific category of Industrial
Users.
21. National Pollution Discharge Elimination System or NPDES Permit. A permit issued
pursuant to Section 402 of the Act (33 U.S.C. 1342).
22. National Prohibitive Discharge Standard or Prohibitive Discharge Standard. Any
regulation developed under the authority of 307(b) of the Act and 40 CFR, Section
403.5, as amended.
23. Natural outlet means any outlet into a watercourse, pond, ditch, lake or other body of
surface or ground water.
24. New source. Any source, the construction of which is commenced after the publication
of proposed regulations prescribing Section 307(c) (33 U.S.C. 1317) Categorial
Pretreatment Standard which will be applicable to such source, if such standard is
thereafter promulgated within 120 days of proposal in the Federal Register. Where the
standard is promulgated later than 120 days after proposal, a new source means any
source, the construction of which is commenced after the date of promulgation of the
I standard.
25. pH. The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions
expressed in g rams per liter of solution.
26. Person. Any individual, business association, partnership, corporation or other legal
entity.
27. Pollution. The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
28. Pollutant. Any dredged spoil, solid waste, incinerator residue, wastewater, 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.
29. POTW Treatment Plant. That portion of the POTW designed to provide treatment to
wastewater.
30. Pretreatment or treatment. The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties in wastewater to a
less harmful state prior to or in lieu of discharging or otherwise introducing such
I pollutants into a POTW. The reduction or alteration can be obtained by physical,
chemical or biological processes, or process changes other means, except as prohibited
by 40 CFR Section 403.6(d).
31. Properly shredded garbage means the wastes from the preparation, cooking and
dispensing of foods that have been shredded to such a degree that all particles will be
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carried freely under the flow conditions normally prevailing in public sewers, with no
particle greater than one-half inch in any dimension.
32. Publicly owned treatment works (POTW). A treatment works as defined by Section 212
of the Act (33 U.S.C. 1292) which is owned in this instance by the City. This
definition includes any sewers that convey wastewater to the POTW treatment plant, I
but does not include pipes, sewers or other conveyances not connected to a facility
providing treatment. For the purposes of this ordinance, POTW shall also include any
sewers that convey wastewaters to the POTW from persons outside the ,City who are,
by permit, contract or agreement with the City, users of the City's POTW.
33. Public sewer means a sewer in which all owners of abutting properties have equal
rights and which is controlled by the City.
34. Sanitary sewer means a sewer which carries sewage and to which storm, surface and
ground waters are not intentionally admitted.
35. Sewer means a pipe or conduit for carrying sewage.
36. Shall is mandatory; may is perm issive.
37. Significant industrial user. Any industrial user of the City's wastewater disposal
system who:
a. has a flow greater than 5 percent of the average workday flow in the City's
wastewater treatment system, or
b. has in his waste a toxic pollutant in toxic amounts as defined in Section 307 of
the Act, or I
c. has significant impact, either singly or in combination with other contributing
industries, on the POTW, the quality of sludge or the system's effluent quality.
38. State. State of Montana.
39. Standard Industrial Classification (SIC). A classification pursuant to the Standard
Industrial Classification Manual issued by the Executive Office of the Pre.sident, Office
of Management and Budget, 1972.
40. Storm sewer or storm drain mean a sewer which carries storm and surface waters and
drainage, but excludes sewage and polluted industrial wastes.
41. Storm water. Any flow occurring during or following any form of natural precipitation
and resulting therefrom.
42. Suspended solids means solids that either float on the surface or are in suspension in
water, sewage or other liquids, and which are removable by laboratory filtering.
43. Toxic pollutant. Any pollutant or combination of pollutants listed as toxic in
regulations promulgated under the provision of CWA 307 (a) or other Acts.
44. User. Any person who contributes, causes or permits the contribution of wastewater
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into the City's POTW.
45. Wastewater. The liquid and water-carried industrial or domestic wastes from
dwellings, commercial buildings, industrial facilities, and institutions, together with
such ground, surface and storm waters as may be present, whether treated or
untreated, which is contributed into or permitted to enter the POTW.
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46. 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
I portion thereof.
47. Wastewater contribution permit. As set forth in Section 13.28.240 of this chapter.
48. Watercourse means a channel in which a flow of water occurs, either continuously or
intermittently.
13.28.030 Abbreviations.
The following abbreviations shall have the designated meanings:
BOD Biochemical Oxygen Demand
CFR Code of Federal Regulations
COD Chemical Oxygen Demand
CWA Clean Water Act
I Liter
mg Mi II ig rams
mg/l Milligrams per liter
NPDES National Pollutant Discharge Elimination System
POTW Publicly Owned Treatment Works
I SIC Standard Industrial Classification
SWDA Solid Waste Disposal Act, 42 U.S.C. 6901, et seq.
USC United States Code
TSS Total Suspended Solids
13.28.040 Discharge prohibitions.
A. 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 POTW.
These general prohibitions apply to all such users of a POTW whether or not the user is
subject to National Categorical Pretreatment Standards or any other national, state or local
pretreatment standards or requirements. A user may not contribute the following substances
to any POTW:
1) Any liquids, solids or gases which by reason of their nature or quantity are, or
may be, sufficient either alone or by interaction with other substances to cause
fire or explosion or be injurious in any other way to the POTW or to the
operation of the POTW. Prohibited material;5 include, but are not limited to,
I gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones,
aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and
sulfides and any other substances which constitutes a fire hazard.
2) Solid or viscous substances which may cause obstruction to the flow in a sewer or
other interference with the operation of the wastewater treatment facilities.
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Prohibited materials include but are not limited to: fats, oils, grease, garbage
with particles greater than one-half inch (1/2") in any dimension, animal guts or
tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood,
feathers, ashes, cinders, sand, spent Ii e, stone or marble dust, metal, glass,
straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, I
wood, plastics, gas, tar, asphalt residu s, residues from refining, or processing
of fuel or lubricating oil, mud, or glass grinding or polishing wastes.
3) Any wastewater having a pH less than 6.0 or greater than 9.0, unless the POTW
is specifically designed to accommodate such wastewater, or wastewater having
any other corrosive property capable of causing damage or hazard to structures,
equipment, and/or personnel of the POTW.
4) Any wastewater containing toxic pollutants in sufficient quantity, which either
singly or by interaction with other pollutants, injures or interferes with any
wastewater treatment process, constitutes a hazard to humans or animals, creates
a toxic effect in the receiving waters of the POTW, or exceeds the limitation set
forth in a Categorical Pretreatment Standard. A toxic pollutant shall include but
not be limited to any pollutant identified pursuant to Section 307(a) of the Act.
5) 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. I
6) Any substance which may cause the POTW's effluent or any other product of the
POTW such as residues, sludges, or scums, to be unsuitable for reclamation and
reuse or to interfere with the reclamation process. I n no case, shall a substance
discharged to the POTW cause the POTW 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.
7) Any substance which will cause the POTW to violate its NPDES and/or State
Disposal System Permit or the receiving water quality standards.
8) Any wastewater with objectionable color not removed in the treatment process,
such as, but not limited to, dye wastes and vegetable tanning solutions.
9) Any wastewater having a temperature that will cause the temperature of the
wastewater plant influent to exceed 400C (1 040F) or will inhibit biological activity I
of the wastewater treatment.
10) Any pollutants, including oxygen demanding pollutants (BOD, etc.) released at a
flow rate and/or pollutant concentration which will cause interference to the
POTW.
11) Any wastewater containing any radioactive wastes or isotopes of such half-life or
concentration as may exceed established limits.
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12 ) Any septic tank pumpings or material taken' from cesspools, privies or other
sewage treatment systems.
13) Any water or waste which may contain more than twenty-five parts per million,
by weight, of fat, oil, or grease.
I B. When it is determined that a user(s) is contributing to the POTW, any of the
above-enumerated substances in such amounts as to interfere with the operation of the POTW,
then the Engineer shall: (1) advise the user(s) of the impact of the contribution on the
POTW; and (2) develop effluent Iimitation(s) for such user to correct the interference with
the POTW.
C. Upon such notification, the user shall develop a pretreatment program and comply with
the conditions set forth in this chapter, particularly Sections 13.28.220 through 13.28.280,
inclusive.
13.28.050 Wastewater dischargers.
No person shall discharge any wastewater to any natural outlet within the city or to
the POTW except as authorized by the City.
13.28.060 Permit required for connection or use.
No unauthorized person shall uncover, make any connections with or opening into,
I use, alter or disturb any public sewer or appurtenance thereof without first obtaining a
written permit from the City.
13.28.070 Sand and grease traps.
No person operating a filling station, garage, or similar place having wash or grease
racks shall discharge into the wastewater utility unless such place is provided with a sand
and grease trap of a size and construction approved by the Engineer. Each owner shall
submit a detailed drawing and design criteria for the sand and grease trap. The operator of
a restaurant or food preparation establishment discharging wastewater containing greater than
25 mg/l of oil and grease or that has a recurrence with grease buildup or blockage of sewer
lines shall immediately install an approved grease trap. All sand and grease traps shall be
properly maintained and serviced at the owner's expense. Records of maintenance and
service for the sand and grease trap shall be kept on file for a minimum of three years and
shall be made available to the City upon request by the Engineer.
.
13.28.080 Construction and materials standards.
I The size, slope, alignment, materials of construction of all sanitary sewers including
building sewers, and the methods to be used in excavating"placing of the pipe, joining,
testing and backfilling the trench, shall conform to the requirements of the building and
plumbing code or other applicable rules and regulations of the City. In the absence of
suitable code provisions or in amplification thereof, the materials and procedures set forth in
appropriate specification of A.S.T.M. and W.P.C.F. Manual of Practice No.9 shall apply.
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13.28.090 Use of old building sewers permitted when.
Old building sewers may be used in connection with new buildings only when they are
found, on examination and test by the Engineer, to meet all requirements of this chapter.
13.28.100 Building sewer--Location. I
Whenever possible, the building sewer shall be brought to the building at an elevation
below the basement floor. In all buildings in which any building drain is too low to permit
gravity flow to the public sewer, sanitary sewage carried by such building drain shall be
lifted at the user's expense by an approved means and discharged to the building sewer.
.
13.28.110 Building sewer--Excavations.
All excavations for building sewer installation shall be adequately guarded with
barricades and lighted so as to protect the public from hazard. Streets, sidewalks, parkways
and other public property disturbed in the course of the work shall be restored in a manner
satisfactory to the Engineer.
13.28.120 Building sewer--Connection to system--Specifications.
The connection of the building sewer into the public sewer shall conform to the
requirements of the building and plumbing code and other applicable rules and regulations
of the City, or the procedures set forth in appropriate specifications of the A.S. T .M. and
the W.P.C.F. Manual of Practice No.9. All such connections shall be made gastight and I
watertight, and verified by proper testing. Any deviation from the prescribed procedures
and materials must be approved in writing by the City before installation.
13.28.130 Building sewer--Inspection requirements.
The applicant for the building sewer permit shall notify the City when the building
sewer is ready for inspection and connection to the public sewer. The connection and testing
shall be made under the supervision of an authorized representative of the City.
13.28.140 Connection to public sewer required when.
The owner of any house, bui Iding or other property used for human occupancy,
employment or recreation, which is situated within the City and abuts on any street, alley or
right of way in which there is located a public ~anitary lateral sewer of the City within one
hundred feet of the property line, shall install suitable toilet facilities therein at his own
expense and connect such facilities directly with the proper sewer unless an alternate disposal
method is approved by the city-county sanitarian. The connection shall be made within
I
ninety days after such owner is given official notice to make the connection by the City.
13.28.150 Private sewage disposal facilitles--Restrictions.
It is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or
other facility intended or used for the disposal of sewage, unless such facility Is approved by
the city-county sanitarian .
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13.28.160 Discharge of unpolluted waters to sanitary sewer prohibited unless approved.
No person shall discharge or cause to be discharged any storm water, surface water,
ground water, roof runoff or subsurface drainage into any sanitary sewer, except, however,
that industrial cooling water or unpolluted water may be discharged into a sanitary sewer
I upon approval of the Engineer.
13.238. 170 Connecting downspouts or drains to building sewers prohibited when.
No person shall make connection of roof downspouts, foundation drains, areaway
drains, or other sources of surface runoff or groundwater to a building sewer or building
drain which in tu rn is connected directly or indirectly to a public sanitary sewer.
13.28.180 Special agreements for sewage treatment.
No statement contained in this chapter shall be construed as preventing any special
agreement or arrangement between the City and any industrial concern whereby an industrial
waste of unusual strength or character may be accepted by the City for treatment. Such
agreement shall not include the waiver of National Categorial Pretreatment Standards.
13.28.190 National categorical pretreatment standards.
Upon the promulgation of the National Categorical Pretreatment Standards for a
particular industrial subcategory, the National Standard, if more stringent than limitations
I imposed under this chapter for sources in that subcategory, shall immediately supersede the
limitations imposed under this chapter.
13.28.200 State requirements.
State requirements and limitations on discharges shall apply in any case where they
are more stringent than national requirements and limitations or those in this chapter.
13.28.210 Excessive discharge.
No user shall ever increase the use of process water or, in any way, attempt to dilute
a discharge as a partial or complete substitute for adequate pretreatment to achieve
compliance with the limitations contained in this chapter.
13.28.220 Accidental discharges--Notice to employees.
A. Each user contributing prohibited substances as outlined in 13.28.040, shall provide
protection from accidental discharge of prohibited materials or other substances regulated by
this chapter. Facilities to prevent accidental discharge of prohibited materials shall be
I 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 Engineer for
review, and shall be approved by the Engineer before construction of the facility. No user
shall introduce industrial wastes into the system until accidental discharge procedures have
been approved by the City. Review and approval of such plans and operating procedures
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shall not relieve the industrial user from the responsibility to modify the user's facility as
necessary to meet the requirements of this chapter. In the case of an accidental discharge,
it is the responsibility of the user to immediately telephone and notify the POTW of the
incident. The notification shall include location of discharge, type of waste, concentration
and volume, and corrective actions. I
B. Within five days following an accidental discharge the user shall submit to the Engineer
a detailed written report describing the cause of the discharge and the measures to be taken
by the user to prevent similar future occurrences. Such notification shall not relieve the
user of any expense, loss, damage, or other liability which may be incurred as a result of
damage to the POTW, fish kills, or any other damage to person or property; nor shall such
notification relieve the user of any civil or criminal penalties or other liability which may be
imposed by this chapter or other applicable law.
C. Each user shall permanently post on the user's bulletin board or other prominent place
advising employees whom to call in the event of a dangerous discharge. Each user shall
advise all employees who may cause or suffer such a dangerous discharge to occur of the
emergency notification procedure.
13.28.230 Wastewater classification survey.
A. All industrial users shall complete and file with the Engineer a wastewater classification I
survey containing the following information prior to discharging into the municipal wastewater
system; name and facility address; type of services rendered and products produced;
principal raw materials and catalysts used; plant operational characteristics; water use
information; wastewater discharge information; wastewater quantities and constituents; waste-
water pretreatment; a plot plan of sewers of the user's property showing sewer and pre-
treatment monitoring facility locations; details of systems to prevent and control the losses of
materials through spills to the municipal sewer; and non-discharge wastes and their disposal.
B. All industrial users obtaining a building permit for initial construction or for building
expansion or remodel shall complete and submit the survey to the Engineer for review prior to
approval of said building or remodel permit.
C. All industrial users shall update the wastewater classification survey on file with the
Engineer whenever significant changes are made in the wastewater discharge. Significant
changes include without limitation, an increase or decrease in wastewater volume,
concentration of materials or substances, or changes in types of wastes that will last for a I
period exceeding normal wastewater production variations. The Engineer may request a new
submittal of the wastewater classification survey as deemed necessary.
13.28.240 Industrial discharge permit.
A. A significant industrial user shall obtain an Industrial Discharge Permit renewable
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every three years at the initial cost of $100 and a renewal fee of $50 if the user:
( 1 ) Is subject to national categorical pretreatment standards; or
(2) Is determined by the Engineer to have significant impact, either singly or in
combination with other contributing industrial users, on the quality of the
I wastewater treatment plant's effluent, sludge, scum or residues, or such that
interference with the treatment process or facilities would result.
B. Existing significant industrial users shall apply for a wastewater discharge permit
within sixty days after the effective date of this chapter and proposed new significant
industrial users shall apply at least sixty days prior to discharging into the wastewater
utility. The application shall include a statement regarding whether or not applicable
pretreatment standards are being met on a consistent basis, and, if not, whether additional
operation and maintenance and/or additional pretreatment is required to meet the standards.
C. Industrial wastewater permits are subject to all provisions of this chapter and all
other applicable reports, regulations, user charges, and fees established by the City.
Permits may contain, without limitation, the following:
(1) limits on the average and maximum concentration or mass of wastewater
constituents and characteristics;
(2) Limits on average and maximum rate and time of discharge or requirements for
I flow regulation and equalization;
(3) Schedules for installation of pretreatment equipment to bring discharge into
compliance with applicable regulations;
(4) Requirements for installation and maintenance of inspection and sampling facilities;
(5) Specifications for monitoring programs that include sampling locations; frequency
of sampling; number, type and standards for tests; and reporting schedules;
(6) Requirements for submission of technical reports, discharge reports, and
compliance progress report;
(7) Requirements for maintaining and retaining records relating to wastewater
discharge as specified by the City and affording City access thereto;
(8) Requirements for notification of the City of the new introduction of wastewater
constituents or any change in character of the wastewater constituents or average,
volume being introduced into the wastewater utility; and
(9) Other conditions as deemed necessary by the Engineer in order to enforce the
provisions of this chapter.
I D. The Engineer shall issue industrial discharge permits for a specified time period
not to exceed three years. The industrial user shall apply for permit reissuance at least
thirty 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 Engineer during the term of the permit if
limitations or requirements are modified, if necessary to meet requirements of the City's
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N PDES discharge permit to accommodate new or increased contributions of waste water or
changes in the nature of the wastewater, or if there is other good cause. Any changes or
new conditions in the permit shall include a reasonable time schedule for compliance.
E. An applicant for a permit shall pay the prescribed fees. I
F. A wastewater discharge permit may not be sold, traded, assigned, transferred, or
sublet. Any new significant industrial user must obtain a wastewater discharge permit
regardless of whether a permit previously existed for the same premises.
13.28.250 Monitoring facilities.
A. All significant industrial users shall provide and operate, at their expense,
monitoring equipment and facilities sufficient to allow inspection, sampling, and flow
measurements of the private sewer or internal drainage system.
B. The monitoring facility shall normally be situated outside of the building on the
user's premises. If the industrial user's service line ties into an existing City manhole and
such manhole allows for safe sampling and isolation of the industrial user's discharge, the
Engineer may allow said manhole to serve as the industrial user's monitoring facility.
C. Any significant industrial user or user discharging prohibited substances or I
specific pollutants into the POTW shall install a monitoring facility for each separate
discharge. Each separate monitoring facility shall meet requirements set forth by the
Engineer with safe and independent access for City personnel at all times.
D. There shall be ample room In or near such monitoring manhole or facility to allow
accurate sampling and preparation of samples for analysis. The industrial user shall maintain
and operate its own monitoring facility and all sampling and measuring equipment at all times
in a safe and proper operating condition at the industrial user's expense.
E. Whether constructed on public or private property, the industrial user shall
construct the sampling and monitoring equipment and facilities in accordance with monitoring
requirements and all applicable local construction standards and specifications within sixty
days following written notification by the Engineer or before final building inspection
approval.
F. All industrial users shall provide safe access to sampling and monitoring sites and I
pretreatment faci Ilties at all times for authorized City personnel.
13.28.260 Sampling and analysis.
A. All industrial users shall obtain the Engineer's approval for all sampling and
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measuring equipment prior to its installation or use. All measuring, test and analyses and all
sampling that the industrial user is required to make shall be done at his/her own expense.
B. All industrial users shall make all measurements, tests, sampling and analyses
required by this chapter in accordance with the techniques prescribed in 40 CFR 136 and
I amendments thereto. The Engineer may direct an industrial user to deliver a spilt sample to
a designated laboratory for analytical verification.
C. The Engineer shall determine the frequency of sampling, measuring and analyses
and include them as conditions of the user's industrial discharge permit. The Engineer may
impose mass limitations on industrial users that use flow equalization to meet applicable
standards or requirements or in other cases where imposition of mass Il,mitations are
appropriate.
13.28.270 Reporting requirements.
A. All industrial users that have permits or that discharge prohibited substances or
specific pollutants that may cause a significant impact on the POTW shall submit to the
Engineer semi-annual compliance reports at the times designated on the permit, and containing
information and data as required by the permit. All industrial users required to meet
categorical pretreatment standards must submit, in addition, reports required in 40 CFR
403 . 1 2 . A statement indicating whether pretreatment standards are being met on a consistent
I basis must be included in the report. The report shall be signed by an authorized
representative of the industrial user, and certified by a qualified professional.
B. Any industrial user submitting information to the City pursuant to this chapter
may claim it to be confidential if it demonstrates to the satisfaction of the Engineer that
release of such information would divulge information processes, or methods of production
entitled to protection as the user's trade secrets.
(1) The user must assert such claim at the time of submission by stamping the words
"confidential business information" on each page containing such information. If
no such claim is made at the time of submission, the City may make information
available to the public without further notice.
(2) Such confidential business information shall not be made available to the public
but, the City may use the information for determining compliance with this
chapter.
(3) Effluent or discharge data is not confidential unless the City agrees that said
data is of proprietary nature.
I (4) The City may provide confidential business information to governmental agencies
upon written request for uses directly related to enforcement of this chapter,
but, the City shall not transmit the confidential information to any government
agency until the City has received written approval from the user.
C. No person shall make any false statement, representation, or certification,
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knowing it to be false, in any application, record, plan, data, or document filed
or required to be maintained pursuant to this chapter.
D. No person shall falsify, tamper with, or knowingly render inaccurate any
monitoring device or method required under this chapter.
E. The Engineer shall have access to records and wastewater testing facilities during I
normal working hours of the user.
13.28.280 Suspension and revocation of permit.
A. The Engineer may suspend or revoke any industrial discharge permit and
terminate the wastewater service if the permittee:
(1 ) Discharges wastewater which presents imminent or substantial endangerment to
public health, safety and welfare;
(2) Discharges wastewater which causes interference with the POTW or causes the
city to violate any conditions of its NPDES permit;
(3) Violates any condition stated in the permit or provision of this chapter;
(4) Fails to report an accidental discharge of a toxic substance;
(5) Increases the use of process water or attempts to dilute the discharge for the
sole purpose of achieving compliance with any limitations;
(6) Falsifies any report of the wastewater constituents and characteristics;
(7) Tampers with, disrupts, or damages monitoring and sampling equipment or
facilities; I
(8) Refuses reasonable access to the industrial user's premises for the purpose of
inspection or monitoring; or
(9) Fails to pay fees or charges.
B. In the event of any violation of this chapter the Engineer shall revoke the
industrial discharge permit for the remainder of its term or suspend it for a shorter period
based on the severity of the disqualification, its effect on public health, safety, and welfare,
and the time during which the disqualification can be remedied if at all.
C. No user will be permitted to discharge into the POTW any wastewater which is in
violation of this chapter. Any user may have their wastewater servlce(s) suspended or
terminated by the Engineer.
D. Any person notified of a revocation or suspension of their wastewater treatment
service and/or the wastewater contribution permit shall immediately stop or eliminate the
contribution. In the event of failure of the person to comply voluntarily with the suspension I
order, the City shall sever the sewer connection or take such steps as deemed necessary to
prevent or minimize damage to the POTW systm or endangerment to any individuals. The City
shall reinstate the wastewater contribution permit and/or the wastewater treatment service
upon proof of the elimination of the noncomplying discharge. A detailed written statement
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submitted by the user describing the causes of the harmful contribution and the measures
taken to prevent any futu re occurrence shall be submitted to the Engineer within fifteen days
of the date of occurrence.
I E. Any user, whose permit is revoked or suspended, may request a hearing before
the City Commission to show cause why the proposed enforcement action should not have been
taken.
(1 ) The City Commission will cause the user to be notified of the time and place set
for the hea ring. Notice will be served personally or by registered or certified
mail at least ten days prior to the hearing.
(2) The City Commission or its designated representative will conduct the hearing by
accepting testimony and evidence relevant to the matter involved in the hearing.
Testimony shall be taken under oath and transcribed so that it may be made
available to any party at the hearing or the public.
(3) The City Commission will, within ten days after the hearing, issue its final
determination to the user.
F. The user shall pay all costs and expenses associated with any such suspension
and restoration of service.
I 13.28.290 Nuisance--Injunctive relief available--Liability.
A. Any discharge into the POTW in violation of this chapter or any rule, regulation,
limitation, permit condition or order in force pursuant thereto, is hereby declared to be a
nuisance.
B. If any person discharges into the POTW in violation of this chapter or any rule,
regulation, limitation, permit condition or order in force pursuant thereto, the City Attorney
may, in addition to any other remedies, commence an action for equitable or legal relief, or
both, including a petition in a court of competent jurisdiction for a temporary restraining
order, and preliminary and permanent injunctions to prohibit the continuation of any violation
of th is chapter.
C. Any person who violates any provision of th is chapter or any rule, regulation,
limitation, permit condition or order in force pursuant thereto, shall be liable for any loss,
damage or expense to the City or others arising out of, resulting from or occurring in
connection with said violation, including but not limited to injury to or death of any person,
damage to property, enforcement of this chapter, attorneys' fees or increased costs for
managing effluent, sludge or operating POTW.
I .
D. Any person who discharges into the POTW in violation of any provision of this
chapter or any rule, regulation, limitation, permit condition or order in force pursuant
thereto, shall be liable for any expense arising out, resulting from or occurring in connection
with said discharge if the City is found to violate any condition of its NPDES permit,
including but not limited to fines assessed against the City, enforcement of this chapter,
attorney's fees, sampling or analytical testing.
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13.28.300 Criminal penalties.
Any person who purposely, knowingly or negligently violates any provision of this
chapter, or any rule, regulation, limitation, permit condition or order in force pursuant
thereto, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in
an amount of not less than One Hundred Dollars ($100) or more than Five Hundred Dollars I
($500) or be imprisoned for any term not to exceed six (6) months, or both. Each day such
violation is committed or permitted to continue shall constitute a separate offense and shall be
punishable as such hereunder.
Sect ion 2
Savings Provision
This ordinance does not affect rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance.
Sect ion 3
Severability
If any provision of this ordinance is declared unconstitutional, or the applicability
thereof to any person or circumstances is held invalid, the constitutionality of the remainder
of the ordinance and the applicability thereof to other persons and circumstances shall not be
affected thereby.
Section 4 I
Ordinances Repealed
All ordinances or parts of ordinances in conflict with the provisions of this ordinance
are hereby repealed. These are: paragraphs Hand J of Ordinance No. 1059 and codified as
Sections 13.36.120 and 13.36.130 in the Bozeman Municipal Code; all of that portion of Section
2 In Ordinance No. 1081 codified as 13.28.010 through 13.28.320 in the Bozeman Municipal
Code; all of that portion of Section 2 in Ordinance No. 1081 codified as 13.40.010 through
13.40.140 in the Bozeman Municipal Code; and all of Ordinance Numbers 947,1057,1058,1062
and 1 063.
PROVISIONALL Y PASSED AND ADOPTED by the City Commission of the City of Bozeman,
Montana, this 8th day of July 1985.
KENNETH L. WEAVER, Mayor I
ATTEST:
ROBIN L. SULLIVAN
Clerk of the City Commission
ORDINANCE NO. 1184
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FINALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman,
Montana, this 22nd day of July 1985, and effective thirty days thereafter.
I KENNETH L. WEAVER, Mayor
ATTEST:
ROBIN L. SULLIVAN
Clerk of the City Commission
State of Montana )
County of Gallatin : ss.
City of Bozeman )
I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, do hereby
certify that the foregoing Ordinance No. 1184 was published by title and number in the
Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said
City, in the issue dated the 26th day of July 1985, and due proof of such publication Is on
file in my office.
I N WITNESS WHEREOF, I hereunto set my hand and affix the corporate seal of my
office this 14th day of August 1985.
Clerk of the City Commission
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ORDINANCE NO. 1184