HomeMy WebLinkAboutOrdinance 15-1994 �
.
,
ORDIHAHCE HO. 15-94
AH ORDINAHCE ADOPTIHG WASTEWATER RULES AND REGULATIONS OF THE
CITY OF BROOKINGS, SOUTH DAKOTA.
BE IT ORDAIHED BY THE GOVERNING BODY OF THE CITY OF BROOKINGS,
SOUTH DAKOTA AS FOLLOWS, TO-WIT:
I.
Section 35-85. Wastewater Rules and Regulations Adopted.
There ia hereby adopted by the City, for the purpose of
establishing pasterrater rulee end regulations to provide for an
industrial pretreatment program of the City and for the health, safety
and Melfare of the City, those certain rules and regulations entitled
"SeMer Use Rules and Regulations". A printed copy of eaid "Serer Use
Rules and Regulations" hereby adopted, and additfone and amendments
thereto, ehall be filed Mith the City Finance Officer as an original
ordinance.
II.
Any ordinances in conflict hereMith are hereby repealed.
FIRST READING: May 31, 1994
SECOND READING: June 7, 1994
PUBLISHED: June 13, 1994
J ��ti
� �AAR9 p� �
� i� s Mayor
g�� v<
C� ii. fl�� ` -�.
Finance Officer
. '. . .
1'
. ERICKSON� HELSPER Sc RASMUSSEN� P.C.
ATTORNEYS AND COUNSELORS AT LAW
806 TWENN-SECOND AVENUE SOUTH
LEWAYNE M. ERICKSON MAILING ADDRESS: P.O. BOX 198 AREA CODE: 605
RICHARD�. HELSPER BROOKINGS, SOUTH DAKOTA TEL:692-7775
Eeic N. RASMUSSEN 57006-0198 FAX:692-4611
January 31, 1994
Mr. Curt A. McCormick (8WM-C)
Pretreatment Coordinator
Region VIII, U.S. Environment
Protection Agency
999 18th Street, Suite 500
Denver, CO 80202-2466
RE: LEGAL AUTHORITY FOR BROOKINGS PRETREATMENT
PROGRAM
Dear Mr. McCormick:
I am the attorney for Brookings Municipal Utilities, and the
following statement is submitted pursuant to the requirements
contained in Title 40 of the Code of Federal Regulations (CFR)
Part 403 . 9 (b) (1) regarding legal authority for Brookings
Municipal Utilities to implement Brookings Pretreatment Program.
It is my opinion that Brookings Municipal Utilities has
adequate authority to carry out the program described in 40 CFR
403 Part 403 . 8, based on authority granted to it by: South Dakota
Codified Law Chapter 9-19 and Brookings Municipal Utilities
Article VI.
The following references to the legal authority requirements
of 40 CFR 403 . 8 (f) (1) are coorelated with appropriate sections of
Brookings Municipal Utilities Article VI, Rules and Regulations
Governing Connections to and the Use of the Brookings Watewater
Collection and Treatmenet System, which provide the required
authority.
General. Section 6-1 of Article VI provides that all
dischargers to the Brookings' sanitary sewer system, whether
within or without the City, shall be subject to such terms and
conditions as Brookings Municipal Utilities may prescribe.
Pursuant to this authority the Brookings Municipal Utility Board
has adopted Article VI which sets forth the terms and conditions
for the connection and use of Brookings' wastewater collection
and treatment system.
403 . 8 (f) (1L(i) . Section 4-9 allows for the denial or
conditioning of discharges, whether new or existing, to
Brookings' wastewater system that fail to meet the various
conditions and prohibitions found in Section 4-7 and 4-8 .
� t 1 • •
Mr. Curt A. McCormick
January 31, 1994
Page 2
403 .8 (f) fl) (ii) . Section 4-6 requires user compliance with
these rules and regulations which includes Local Limits (Section
4-7) , Prohibited Discharges (Section 4-8) , and, if applicable,
Federal Categorical Standards (Section 4-10) .
403 . 8 (f) (1) (iii) . Section 6-2 outlines the Watewater
Contribution Permit system to control contributions to Brookings'
wastewater system.
403 . 8 (f) (1) (iv) (AZ. Section 6-2 (B) (9) grants the authority
to require a compliance schedule.
403 . 8 (f) (1) (iv) (BZ. Section 6-3 covers the requirements of
the user to report to Brookings' Municipal Utilities.
403 .8 (f) (1) (vZ. Inspection and monitoring authority is
granted Brookings Municipal Utilities in Section 6-5.
403 .8 (f) {1) (vi) (A) . Section 8 addresses the legal actions
and the $1, 000 per day violation requirement.
403 .8 (f) (1) (vi) (Bl. Section 7-1 authorizes immediate
suspension of wastewater treatment service to protect people, the
environment, or Brookings' wastewater system from imminent or
substantial endangerment.
403 . 8 (f) ll) (vii�,. Confidentia 'ty requirements are provided
for in Section 6-7 . ,�
Sincer,e ,
�
ERI N, LS SEN, P.C.
���
RICHARD J. ELSPE�
RJH:dn
�
�•.
. �
. :.,.
� RESOLUTION NO. 34 - 93
RESOLUTION AMENDING WASTEWATER RULES AND REGULATIONS
TO PROVIDE FOR AN INDUSTRIAL pRETREp,TMEN*r pROGRAM
WHEREAS the Rule� and Regulations governing the
Brookings Municipal Utilities Industrial Pretreatment
Program were revised by Resolution No. 21-93 to be in
compliance with the new�y issued USEPA guideLines; and
WHE.�2EAS USEPA has made reconmendatians for changes
to the Rules and Regulations governing the Wastewater
U�ility.
NOW, THEREFORE, BE IT RESOL`TED by the Boa.rd that
tn� Utilities Board Rules and Regulations governing the
Was�ewater Utility be asiended as shown on the attached
si:e�ts.
Adopted this 8th day oi Nover�er, 1993 .
A^�'�
/ /. �-' ' '� � ��'r''�.
D^���'
`' J �
F. RoSers, Secret�r� L_vnn A. Azderson, Presiden�
�: �
'�, , .
SEWER USE RULES and REGULATIONS
TABLE of CONTENTS
SECTION 1 AUTHORITY and PURPOSE �
SECTION 2 GENERAL PROVISIONS 2
2-1 Definitions 2
2-2 Abbreviations 7
2-3 South Dakota Plumbing Code �
SECTION 3 CONNECTION to MUNICIPAL SEWERS 7
3-1 Permit 7
3-2 Permits for Connection 7
3-3 Owner to Pay Cost $
3-4 Separate Sewers Required g
3-5 Specifications 8
3-6 Excavation 9
3-7 Connection 9
3-8 Notice to Inspector 9
3-9 Guarding Excavaticn 10
3-10 Manholes ��
3-11 Intercornection into Extension Made by the Utility 1 p �
3-12 Trunk Se�ver-- Connections �p
3-13 Trurk Sewer-- Definition � �
3-14 Trunk Se�Ner--Approval by Municipal Utility Board 11
3-15 Trunk Sewer -- Maintenance 11
3-16 Trunk Sewer-- Specifications (Revision #1) � �
SECTION 4 USE of MUNICIPAL SEWERS 12
4-1 Use of Sewer-- Garbage �2
4-2 Owner 1�1ust Connect 12
4-3 Private Sewage Disposal �2
4-4 Discharge of Surface Water and Groundwater �3
4-5 Damage 15
4-6 Pretreatment ��
4-7 Limits on Discharges ��
4-8 Exclusion of Waste (Prohibited Discharges) 16
4-9 Regulatory Actions
18
4-10 Federal Categorica( Pretreatment Standards �g
4-11 State Requirements �g
4-12 City's Right of Revision �g�
4-13 Excessive Discharge �g
4-14 Accidental Discharges/Slug Control Plans �g
. .
.
SECTION 5 USER CHARGES 20
5-1 Purpose 20
5-2 Determining the Total Annual Fixed Operation and
Maintenance Costs 20
5-3 Determining the Wastewater System
Fixed Cost Service Charge 20
5-4 Determining the Wastewater System
Incremental Cost Service 2�
5-5 Determining the Wastewater System 5-Day,
20� Centigrade Biochemical Oxygen Demand (BOD)
and Suspended Solids Surcharge 2�
5-6 Determining Each User's Total Wastewater Service Charge 21
5-7 Review of Each User's Wastewater Service Charge 23
5-8 Wastewater Department Vehicle Charges 23
SECTION 6 ADMINISTRATION 23
6-1 Wastewater Dischargers 23
6-2 Wastewater Contribution Permits 23
6-3 Reporting Requirements for Permittee 27
6-4 Monitoring Faci(ities 2g
6-5 Monitoring 2g
6-6 Trap Inst�llations 30
6-7 Confidential Information 30
6-8 Hauled Wastes 3�
6-9 Wastes from Other Jurisdictions 31
SECTION 7 ENFORCEMENT 32
7-1 Harmful Contributions and Falsifying Information 32
7-2 Responses for Noncompliance 32
7-3 Significant Noncompliance 34
SECTION 8 LEGAL ACTION and PENALTIES 35
8-1 Injunctive Relief 35
8-2 Civil Penalties 36
8-3 Criminaf Prosecution 36
SECTION 9 SEVERABILITY 37
SECTION 10 CONFLICT 37
SECTION 11 EFFECTIVE DATE 37
ARTICLE VI
RULES AND REGULATIONS GOVERNING
CONNECTIONS TO AND THE USE OF THE
BROOKINGS WASTEWATER COLLECTION
AND TREATMENT SYSTEM
SECTION 1 AUTHORITY and PURPOSE
These rules and regulations are adopted by the Brookings Municipal Utilities Board
and are declared to be necessary for the efficient, economic and safe operation of the
municipal wastewater coliection and disposal system and for the protection of the health,
safety and generai welfare of the public in the Brookings area. They are intended to
prevent and abate poilution through the regulation and control of connections to and the
use of the system for conveyance, treatment and disposal of the waste and may be
amended by the Utility Board pursuant to state and/or federal statutes of water quality
standards.
These rules and regulations set `orth uniform requirements for direct and indirect
contributors into the rvaste�vater collection and treatment system for the Brookings area
and enables the City to comply with all applicable state and federal la��vs required by the
Clean Water Ac; (33 U.S.C., 1251 et. seq.) and the General Pretreatment Regulations
(40 CFR, Part 403).
The objectives of these rules and regulations are:
A. To prevent the introduCion of pollutants into the municipal wastewater system
which will interfere with the operation of the system or contaminate the resulting
sludge;
6. To prevent the introduction of pollutants into the municipal wastewater system
which will pass through the system, inadequately treated, into receiving water, or
otherwise be incompatible with the system;
C. To improve the opportunity to recycle and reclaim wastewaters and sludges from
the system;
D. To reduce the health and safety risk for POTW workers and the public caused by
the discharge of toxic pollutants into the POTVV;
E. To help Brookings comply with its National Pollutant Discharge Elimination System
Permit, sludge disposal requirements, and any other Federal or State laws to which
the POTVI/ is subject;
1
, •�, .
.
F. To provide for equitable distribution of the cost of the municipal wastewater system.
These rules and regulations provide for the regulation of all contributors to the
municipal wastewater through the issuance of permits to certain non-domestic users and
through enforcement of general requirements for the other users; authorize monitoring
and enforcement activities; require user reporting; assume that existing customer's
capacity wifl not be preempted; and provide for the setting of fees for the equitable
distribution of the costs resulting from the program established herein.
These rules and regulations shall apply to the City of Brookings and to persons
outside the city who are, by contract or agreement, users of the Brookings Municipal
Wastewater System. Except as otherwise provided herein, the Manager of the Brookings
Municipal Utilities, his agents and representative sha)I administer, implement and
enforce the provisions of these rules and regulations.
SECTION 2 GENERAL PROVIS(ONS
SECTION 2-1 Definitions
Unless the context specirically indicates otherwise, the meaning of the terms used in
these rules and regulation, except as specifically set forth below, shall be as defined in
the current South Dakota Plumbing Code, as adopted by the Brookings Municipal
Utilities Board; and the following terms and phrases shall have the meanings hereinafter
designated:
Act or"The Act" The Federal Water Pollution Control Ac
t, also known as the Clean
Water Act, as amended, 33 U.S.C. 1251, et. seq.
Approval Authoritv The EPA, or upon delegation of the NPDES Program, the Secretary
of the South Dakota Department of Environment and Natural Resources.
Authorized Reoresentative of Industrial User An authorized representative of an
industrial user may be:
1. A responsible corporate officer, if the business is a corporation, or the
manager of one or more manufacturing, production, or operation facilities
employing more than 250 employees or having gross annual sales or
expenditures exceeding �25 million (in 2nd qtr 1980 dollars)
2. A general partner, if the business is a partnership
2
3. The proprietor, if the business is a sole-proprietorship
4. The director or highest ofFicial appointed or designated to oversee the
operation and performance of the activities of the facility, if the user is a
government facility
5. A duly authorized person representing one of the above if:
a. The authorization is made in writing by the individual in 1, 2, 3, or 4
b. The authorization specifies an individual or position having responsibility
for the overall operation of the facility from which the Industrial discharge
originates or having the overall responsibility for environmental matters for
the company
c. The written authorization is submitted to Brookings' Pretreatment
personnel
Biochemical Oxygen Demand (60D1 The quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedure, five (5) days at 20°
centigrade usually expressed as a concentration [milligrams per liter (mg/I)].
Buildinq Sewer A se�r�er conveying wastewater from the premises of a user to the
FOTW.
Cateqorical Standards Any regulation containing pollutant discharge limits promulgated �'�
by the EPA in accordance �vith Sec;ion 30 t(b) and (c) of the Act which applies to a '
specific category of industrial users.
Ci� The City of Brookings, South Dakota, or the duly-constituted Brookings Municipal
Utility Board.
Control Authoritv Brookings Municipal Utilities
De�uty Health Officer The person appointed by the City Commission and is charged
with the responsibiiity of the sanitary landfiil, solid waste collection and the health
department or his duly authorized agent or representative.
Environmental Protection AQenc�(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.
Existing Source Any source of discharge, the construction or operation of which
commenced prior to the publication by EPA of proposed categorical pretreatment
st.andards, which will be applicable to such source if the standard is thereafter
promulgated in accordance with Section 307 of the Act.
Grab Sample A sample which is taken from a wastestream with no regard to the flow in
the wastestream and taken over a period of time not exceeding fifteen (15) minutes.
3
• , I , (•!
Holding Tank Waste Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum-pump tank trucks.
Indirect Discharqe The discharge or the introduction of non-domestic pollutants into the
POTW from any source regulated under Section 307(b) or (c) of the Act.
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 Act, the Toxic
Substances Control Act, or more stringent state criteria (includir�g 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.
Local Limit A technically based pollutant limit established by the City to protect the
POT1N against pass through or interference.
Manager The person designated by the Brookings Municipal Utility Eoard to supervise
the operation of the publicly-o4vned treatment works and who is charged with certain
duties and responsibilities by these rules and regulations, or his duly-authorized agents
or representatives.
National Pretreatment Standard or Pretreatment Standard Any regulation containing
pollutant discharge limits promulgated by the EPA in accordance 4vith section 307(b) and
(c) of the Act , which applies to Industrial Users. This term includes prohibitive discharge
.
limits (local limits) es�ablished pursuant to 40 CFR 403.�(c) .
New Source Any new source as defined by 40 CFR 403.3(k) including the construction
of which is commenced after the publication of proposed regufations prescribing a
Section 307(c) (33 U.S.C. 131� categorical pretreatment standard which will be
applicable to such source, if such standard is thereafter promulgated within 120 days of
proposal in the Federal Register. Where the standard is promulgated later than 120
days after proposal, a new source means any source, the construction of�vhich is
commenced after the date of promulgation of the standard.
National Pollution Discharae Elimination System or NPDES Permit A permit issued
pursuant to Section 402 of the Act (33 U.S.C. 1342).
Pass Throuah A discharge which exits the POTW to the receiving water 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 City's NPDES Permit,
including an increase in the magnitude or duration of a violation.
4
., ,
Person Any individual, partnership, co-partnership, firm, company, corporation,
� association,joint stock company, trust, estate, governmental entity or any other legai
entity, or their legal representatives, agents or assigns. The masculine gender shall
include the feminine; the singular shall include the plural where indicated by the context.
�H The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions
expressed in grams per liter of solution.
Pollution The man-made or man-induced alteration of the chemical, physical, biological
and radiological integrity of water.
Pollutant Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage
sludge, munitions, chemical wastes, biological materials, radioactive materials, heat,
wrecked or discharged equipment, rocic, sand, cellar dirt and industrial, municipal and
agricultural waste discharged into water.
POTW Treatment Plant or WWTP That portion of the POTW designed to provide
treatment to wastewater. i
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 pollutants
into a POTW. The reduc:ion or alteration can be obtained by physical, chemical or
biological prccesses, by process changes, or by other means, except by diluting the
pollutant concentration.
Pretreatment Requirements Any substantive or procedural requirement related to
pretreatment, other than a National Pretreatment Standard imposed on any industrial
user.
Prohibited Discharqe Standards or Prohibited DischarQes Absolute prohibitions against
the discharge of certain substances. Sections 4-7 and 4-8 contain these prohibitions.
Pub(icly 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 b the Ci . This e '
) d finition
Y
�
includes any sewers that convey wastewater to the POTW treatment plant, but does not
include pipes, sewers or other conveyances not connected to a facility providing
treatment. For the purposes of these rules and regulation, "POTW" shall also include
any sewers that convey wastewaters to the POTW from persons outside the City who
are, by contract or agreement with the City, users of the City's POTW.
Shall is mandatory: Mav is permissive.
Significant Industrial User Any user of the City's wastewater disposal system who (1)
has a process discharge flow of 25,000 gallons or more per average work day, or (2) has
a process flo�v greater than five percent (5°,6) of the flow in the City's wastewater
5
� �,
treatment system, or (3) is subject to categorical pretreatment standards, or (4) is found
by the City, State, or the U.S. Environmental Protection Agency (EPA) to have the
reasonable potential to violate any Pretreatment Standard or Requirement or adversely
afFect the wastewater treatment system.
Slug or Slug Load Any discharge at a flow rate or concentration which could cause a
violation of the prohibited discharge standards in Sections 4-7 and 4-8.
South Dakota Plumbin4 Code (plumbinq code� The current South Dakota State
Plumbing Code is adopted by the Brookings Municipal Utilities Board.
State State of South Dakota
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, 1987, as amended.
Storm Water Any flow occurring during or following any form of natural precipitation and
resulting therefrom, including snowmelt.
Susnended Solids The total suspended matter that floats on the surface of, or is
suspended in, water, wastewater or other liquids, and which is removabfe by laboratory
filtering.
Toxic Pollutant Any pollutant or combination of pollutants listed as toxic in regulations
promulgated by the Administrator of the EPA under the provisions of CWA 3Q7(a) or
other Acts.
User Any person who contributes, causes or permits the contribution of wastewater into
the City's POTVV.
Wastewater The liquid and water-carried industrial or domestic wastes from dwellings,
commercial buildings, industriaf facilities, and institutions, together which may be
present, whether treated or untreated, which is contributed into or permitted to enter the
POTW.
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.
Wastewater Contribution Permit As set forth in Section 6-2 of these rules and
regulations.
6
, �, , , .
SECTION 2-2 Abbreviations
The following abbreviations shall have the designated meanings:
ASTM -American Society for Testing and Materials
BOD - Biochemical Oxygen Demand
CFR - Code of Federal Regulations
COD - Chemical Oxygen Demand
EPA - Environmental Protection Agency
I - Liter
mg - Milligram
mg/I - Milligrams per liter
NPDES - National Pollutant Discharge Elimination System
POTW - Publicly Owned Treatment Works
SDCL - South Dakota Certified Laws
SIC - Standard Industrial Classification
SWDA - Solid Waste Disposal Act, 42 U.S.C. 6901, et. seq.
TSS - Total Suspended Solids
USC - United States Code
WWTP - Wastewater Treatment Plant
SECTION 2-3 South Dakota State Plumbing Code
Any matter relating to sewers, wastewater collection and disposal, or runoff, not
specifically dealt with in these rules and regulations, shall be governed by the provisions
of the plumbing code insofar as it relates to sewers or runoff, and the same shall be
established as a minimum code. The Utility Board may adopt more restrictive
regulations if justification warrants.
SECTION 3 CONNECTION to MUNICIPAL SEWERS
SECTION 3-1 Permit
No person shall uncover, make any connections with or opening into, use, alter or
disturb the POTW or appurtenance thereof without first obtaining a connection permit
from the Manager.
SECTION 3-2 Permits for Connection
Before any connection is made to the POTW, an application for such connection must
be made to the Brookings Municipal Utilities at least twenty-four (24) hours before the tap
7
. , ' � ,.
.
is required. A tapping fee of$45.00 shall be paid to the Brookings Municipal Utilities and
the Municipal Utilities shall make the required tap at the sewer main, shall furnish and
install the proper size saddle fitting for such connection. All connections shall be made
by the Municipal Utilities except as hereinafter provided, and shall be made on a 45
degree angle with the main in all cases where practical. . �
The Brookings Municipal Utilities need not make the above-described connection,
and such connection fee shall not be charged where a "Y" or a"T" connection is installed
at the time the main is installed.
In no case shall an excavation be made within the street right-of-way without first
obtaining an excavation permit from the City Engineer.
SECTION 3-3 Owner to Pay Costs
All costs and expenses incident to the installation and connection of the building
sewer shall be borne by the owner. The owner shall indemnify the Utility from any loss or
damage that may directly or indirectly be occasioned by the installation of the building
sewer.
SECTION 3-4 Separate Sewers Required
A separate and independent building sewer shall be provided for every building;
except where one building stands at the rear of another on an interior lot and no private
sewer is available or can be constructed to the rear buifding through an adjoining alley,
court yard, or driveway, the building sewer from the front building may be extended to the
rear building and the whole considered as one building sewer. Under exceptional �
circumstances the Utilities Manager may waive the provisions of this section.
SECTION 3-5 Specifications
A. The building sewer shall be constructed of either vitrified clay sewer pipe and
fittings meeting the current ASTM specifications for Extra Strength Sewer Pipe or
polyvinyl chloride (PVC) sewer pipe fittings meeting the current ASTM specifications for
extra strength sewer pipe, or extra heavy cast iron soil pipe meeting the current ASTM
specifications or the Department of Commeres Commercial Standards for extra heavy
cast iron soil pipe and fittings. If instal(ed in filled or unstable ground, the building
sewer shall be of cast iron soil pipe except that polyvinyl chloride pipe may be accepted if
laid on a suitable improved bed or cradle as approved by the said inspector.
All joints and connections shall be made gas tight and water tight.
8
B. The size, slope and location of the building sewer shaii be subject to the approvai
of the Utilities. The building sewer for a one- or two-family dweliing shall not be less than
four inches (4") in diameter. Commercial buildings' sewer shall not be less than six
inches (6") in diameter. Where six inch (6") "Y" or stubs have been installed for a one- or
two-family dwelling, the remainder of the service can be four inch (4") if proper increasers
are used. The special adaptor from four inch (4") cast iron soil pipe to the four inch (4")
cfay within the C-425 joint shall also be used between the house drain and the house
sewer.
Unless otherwise authorized, all house sewers shall have a grade of not less than
one-eighth inch (1/8") per foot. A grade of one-fourth inch (1/4") per foot shall be used
wherever practical.
C. No sanitary sewage facilities shall be installed in buildings where connections with
the sanitary sewer are too lov✓to permit natural discharges into the sewer system.
Basement floor drains only may be run to a sump and pumped from there to the POTW.
SECTION 3-6 Excavation
All excavations required for the installation of a building setiver shall be open trench
work unless otherwise approved by the Manager. Pipe laying, repairs and backfill shall
be performed in accordance with Municipal Utilities' specifications except that no backfill
shall be placed until the work has been inspected.
SECTION 3-7 Connection
The connection of the building sewer into the POTW shall be made at the "Y" branch
if such branch is available at a suitable location. If the public sewer is twelve inches (12")
in diameter or less, and no properly located "Y" branch is available, the owner shall, at
his expense, install a branch in the POTW at the locations specified by the Manager,
using a "T" or "Y" saddle properly fitted and fastened in place, the work to be performed
by Municipal Utility personnel.
SECTION 3-8 Notice to Inspector
Any plumber or person doing work under the provisions of this reguiation shall, when
work is prepared for inspection as provided in this regulation, notify the building or
plumbing inspector that such inspection is requested, giving the location of premises and
the time such work will be ready for inspection. The building or plumbing inspector shall
inspect such work during the same day the inspection is requested.
9
SECTION 3-9 Guarding Excavation
All excavations for building sewer installations shall be adequately guarded with
barricades and lights so as to protect the public from hazard. All guards, barricades and
lights shall be furnished by the contractor. Streets, sidewalks, parkways and other public
property disturbed in the course of the work shall be restored as per City specifications.
SECTION 3-10 Manholes
Manholes shall be installed at the end of each line, at all changes in grade, size or
alignment, at all intersections and along each line at intervals not greater than four
hundred feet (400') except by special permit. Lamp holes may be used in special
conditions such as laterals or lines that may be extended at an early date. Manholes
shall not be less than four feet (4') in diameter. Materials shall be precast concrete. The
joints of precast concrete manholes shall be sealed with asphaltic joint material.
Manhole frame and cover shall be standard 400 Ibs., twenty-four inch (24") with solid
cover unless otherwise specified.
SECTION 3-11 Interconnection into Extension Made by the Utility
' Whenever it is desirable or necessary in the judgment of the Brookings Municipal
Utilities Board to e�
end or to interconnect exist�ng segments of the POTW, and no
application for such extension or interconnection has been made to the Utility, the
Municipal Utilities Board may order and authorize such extension or interconnection of
the existing trunk sewer system in any area of the City. The Utility shall be reimbursed
for such extension and interconnection, including all labor and materials at the time the
adjacent property owners apply for interconnection into such extension. Said property
owners shall pay a fixed cost at such rate to be determined by the Brookings Municipal
Utilities Board based upon their ownership of frontage feet of property abutting the
project.
This section applies to any type of physical connection whatsoever to the sewer
system.
SECTION 3-12 Trunk Sewer-- Connections
Any person or persons desiring to construct any sanitary trunk sewer to carry sewage
from any particular district, subdivision or portion of the municipality, as well as sewage
from property abutting upon the street, or the way in which it is to be laid, to the main
sewer outlet, septic or disposal plant of the City shall be required to make a written
application to the Utility. This application shall state the district, subdivision or area of
the municipality to be served by such trunk sewer and the size and kind of sewer pipe
10
and maximum length of such proposed construction and the streets or ways in which it is
proposed to be laid and the point where such trunk sewer is to be connected with the
main sewer outlet, septic or disposal plant of the Utility, together with such other
information as may be required by the Utility.
SECTION 3-13 Trunk Sewer -- Definition
For purposes of these regulations a trunk sewer shall be any sanitary sewer
constructed on public property, eight inches (8") or larger in diameter with a manhole at
each end and built in conformance with City specifications.
SECTION 3-14 Trunk Sewer--Approval by Municipal Utility Board
All applications hereunder shall be submitted to the Municipal Utility Board at the
regular meeting following the filing of such application with the Utility and no connection
of any trunk sewer shall be made with the POTW until the same has been approved by
the Utility Board.
SECTION 3-15 Trunk Sewer -- Maintenance
When any trunk sewer is connected with the POT1N it shall then become a part of the
sewer system of the Utilify and shall be maintained by the Utilities. Tne Utility shall have
sole control over any such sewer line.
SECTION 3-16 Trunk Sewer -- Specifications (Revision #1)
All sewer mains shall be constructed of polyvinyl chloride (PVC) sewer pipe. The
polyvinyf chloride (PVC) sewer pipe shall conform to the ASTM D-3034-93 specification.
All PVC pipe and fittings shall have rubber bell and spigot joints or solvent joints
performed in accordance with ASTM D-2855. The minimum wall thickness of the PVC
pipe shall be:
Diameter 4" 6" 8" 10" 12"
Wall Thickness 0.125" 0.180" 0.200" 0.250" 0.300"
providing a minimum standard dimension ratio (SDR) of 42.
Sewer mains shall be sized by the Manager. In no case shall the main be less than
eight inches (8") in diameter.
11
Grades for ail sewer mains shall be established and set by the Utilities Engineer and
the Manager.
The Manager shall inspect and approve all sewer main installations for the purpose of
installing or repairing the same. Each and every part of the sewer main shall be
inspected and approved by the Manager before being concealed or backfilled.
SECTION 4 USE of MUNICIPAL SEWERS
SECTION 4-1 Use of Sewer-- Garbage
It is unlawful for any person to place, deposit or permit to be deposited in any
unsanitary manner upon public or private property within the city, or in any area under
the jurisdiction of the Utility, any human or animal excrement, garbage or other
objectionable waste.
It is unlawful to discharge to any natural outlet within the city, or in any area under the
jurisdiction of the Utility, any sanitary sewage, industrial wastes, or other polluted waters,
except where suitable treatment has been provided in accordance with subsequent
provisions of these regulations.
SECTION 4-2 Owner Must Connect
The owner of all houses, buildings or properties used for human occupancy,
employment, recreations or other purpose, situated within the city and abutting on any
street, alley or right-of-way in which there is now located or may in the future be located a
public sanitary sewer of the Uti)ity, is hereby required at the owners expense to install
suitable toilet facilities therein, and to connect such facilities directly with the proper
municipal sewer in accordance with the provisions of this Article,within ninety (90) days
after date of official notice to do so, provided that said municipal sewer is within two
hundred feet (200'j of the property line.
SECTION 4-3 Private Sewage Disposal
A. Where a municipal sanitary sewer is not available under the provisions of Section
4-2, the building sewer shall be connected to a private sewage disposal system
complying with the provisions of this article.
B. Before commencement of construction of a private sewage disposal system, the
owner shall ftrst obtain a private sewage disposal permit from the Utility. The application
for such permit shall be made on a form furnished by the Utility, which the applicant shall
12
supplement by any plans, specifications and other information as is deemed necessary
by the Manager. A permit and inspection fee of five dollars (�5) shail be paid to the
Brookings Municipal Utilities at the time the application is filed.
C. A permit for a private sewage disposal system shali not become effective until the
instaliation is completed to the satisfaction of the Manager. The Manager shall be
allowed to inspect the work at any state of construction, and the applicant for the permit
shall notify the Utilities when the work is ready for final inspection and before any
underground portions are covered. The inspection shall be made during the same day of
the receipt of notice to the Utility.
D. The type, capacities, location and layout of a private sewage disposal system shall
comply with all recommendations of the Plumbing Code. No permit shall be issued for
any private sewage disposal system employing subsurface soil absorption facilities
where the area of the Iot is less than fifteen thousand (15,000) square feet. No septic
tank shall be permitted to discharge to any municipal or natural outlet.
E. At such time as a Utility sewer becomes available to a property served by a private
sewage disposal, as provided in Section 4-2, a direct connection shall be made to the
Utility sewer in compliance with these regulations, and any septic tanks, cesspools, and
other similar private se�:vage disposal facilities shall be abandoned and filled with suitable
material.
F. The owner shall operate and maintain the private sewage disposal facilities in a
sanitary manner at all times at no expense to the Utility. �
G. No statement contained in this article shall be construed to interfere with any
additional requirements that may be imposed by the deputy health o�cer. �
SECTION 4-4 Discharge of Surface Water and Ground Water '
A. No person shall discharge or cause to be discharged any storm water, surface
water, roof runoff, subsurface drainage, cooling water, or ground water into any sanitary
sewer, except that the above mentioned water may be pumped or drained into the
sanitary sewer from October 15 through March 15.
No person shall make connections of roof downspouts, exterior foundation drains,
areaway drains, or other sources or surface runoff or groundwater to a building drain
which in turn is connected directly or indirectly to a public sanitary sewer.
If sump pumps are required for floor drains, the sump pump must be properly trapped
and connected directly to the POTVV.
13
Where there is a sump located for the purpose of drainage of surface or subsurface
water, ali new residential or commercial construction shall have a pump discharge
installed and connected to a drainage facility other than the sanitary sewer.
Storm water and all other unpolluted drainage shall be discharged to such sewers as
are specifically designed as storm sewers, or to a natural outlet approved by the
Manager.
B. Whenever the Brookings Municipal Utilities finds that any users are in violation of
the above section "A", the Utilities may serve upon such person:
1. Informal Notice: This may take the form of a telephone call or personal contact to
inform the customer of the violation, remind the user of the discharge rules, and that
Utifity personnel will inspect the premises in ten days to see if corrective action has been
taken. The notirication shall be reduced to a written form for record keeping purposes.
2. Letter of Violation: If no corrective action has been taken five days after the
"informal notice", a �vritten notice that the Utility has observed a violation and expects the
noncompliance to be corrected. The customer shall have five days to respond to our
request. The "let�er of violation" shall be sent certified mail with return receipt requested.
3. Legal Proceedings: If there is no response received within five days at�er the
"letter of violation" is sent, a final notice rvill be sent to the customer. A statement wi(I be
included that the Utility will file an official complaint with the City Attorney to begin.
prosecution. The "legal proceedings" letter shall be sent certiried mail �vith return receipt
requested.
I�I C. If the customer will not allow entry for inspection, the following steps will be taken:
1. fnformal Notice: This will be a personal contact to inform the customer of the legal
system in place that may be used to gain entry and try to encourage them to give
voluntary access. The notification shall be reduced to a written form for record keeping
purposes.
2. Formal Visit: If the customer still refuses entry, a Utilities employee accompanied
by a police officer will visit the premises to see if the customer will allow entry for
inspection of discharge violations.
3. Search Warrant: If entry is not allowed with a formal visit, a written notice stating
that Brookings Utilities will obtain a search warrant if we are not allowed entry within three
working days. The written notice shall be sent certified mail with return receipt
requested.
D. Financial assistance in the form of a grant from the Brookings Utilities is availa6le
. to certain customers. The grant amount shall not exceed �1,500 per applicant or
building. Customers applying for the grant shall meet the following guidelines:
14
1 �. � .
1. All structures or buildings must be within the areas identified on Exhibits A and B
of Brookings Municipai Utilities Rules and Regulations. Exhibits A and B are attached
hereto and made a part hereof and shall be made a part of the Brookings Municipal
Utilities Rules and Regulations.
2. Structures or buildings must have been constructed prior to 1964 to qualify for
funding.
3. Grants are available for customers who are releasing clear water into the sanitary
sewer via direct connection of footin drains or
sum um s or for
5 p p p such other
circumstances that, in the discretion of the Utilities Manager, warrant assistance.
SECTION 4-5 Damage
No person shall uncover or maliciousfy, willfully or negligentfy break, damage,
destroy, deface or tamper with any structure, appurtenance or equipment which is a part
of the POTV1/.
SECTION 4-6 Pretreatment
Where the Manager determines that any waste discharged or to be discharged has
certain charac:eristics or elements which are or may be detrimental to the structures,
treatment units or processes or operation of the Utility disposal system or persons
operating it, he may direct that such discharge be discontinued or that the waste 6e
treated prior to its discharge into the Utility collection system in a manner which will
modify the waste to such a degree as to be acceptabie to the City.
Users shall provide necessary wastewater treatment as required to comply with these
rules and regulations and shall achieve compliance with all Pretreatment Standards and
Requirements. Any facilities required to pretreat wastewater to a level acceptable to the
City shall be provided, operated, and maintained at the users expense. Detailed plans
showing the pretreatment facilities and operating procedures shall be submitted to the I
City for review and shall be acceptable to the City before construction of the facility. The �I
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 City under the provisions of these rules and regulations. Any subsequent changes in
the pretreatment facilities or method of operation shall be reported to and be acceptable
to the City prior to the user's initiation of the changes.
SECTION 4-7 Limits on Discharges
No user shall discharge or cause or allow to be discharged into the POTW any wastes
v�hich exceed the following concentrations (Local Limits):
15
, ., ,
Parameter Limit
Arsenic 0.47 mg/I
Cadmium 0.35 mg/I
Chromium (total) 8.18 mg/I �
Chromium NI) 2.25 mg/I
Copper 3.53 mg/I
Lead 1.67 mg/i
Mercury 0.00 mg/i
Nickel 4.06 mg/I
Silver 6.49 mg/I
Zinc 5.61 mg/I
pH 6.0 - 9.0
SECTION 4-8 Exclusion of Waste (Prohibited Discharges)
No user shall contribute or cause to be contributed, directly or indirectly, any pollutant
or waste�vater which will interfere with the operation or performance of the POTW or
cause pass through. These general prohibitions apply to all such users of the a POTVV
whether or not the user is subject to National Categorical Fretreatment Standards or any
other national, state or locaf pretreatment standards or requirements. A user may not
contribute the following substances to the POTW:
A. Any rvater or waste which may contain more than one hundred (100) mg/I of fats,
wax, grease or oils, or containing any substances which may soli�i'ry or become viscous
at temperatures between 32° F and 150° F at the point of discharge into the sewer
system.
B. Any liquids, solids, or gases which create a fire or explosive hazard in the POTW,
including but not limited to, wastestreams with a closed-cup flashpoint of less than 140°F
(60°C) using the test methods specified in 40 CFR 261.21. Prohibited materials include,
but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers,
alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides,
hydrides and sulfides and any other substances which the City, the State or EPA has
notified the user is a fire hazard or a hazard to the system.
C. 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.
D. Garbage that has not been ground or comminuted to such a degree that all
particles will be carried freely in suspension under flow conditions normally prevailing in
public sewers, with no particle greater than one-half inch (1/2") in any dimension.
16
� ` � . •
E. Solids or viscous wastes which wili or may cause obstruction to the flow in a
sewer, or other interference with the proper operation of any disposal system, such as
grease, uncomminuted garbage, animal tissues, paunch manure, bones, hair, hides or
fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone dust,
metal, glass, straw, shavings, grass clippings, rags, spent grains, was:e paper, wood,
plastic, tar, asphalt residues, oil, and similar substances.
F. Any toxic or poisonous substances, chemica! elements or compounds, taste- or
odor-producing substances, or any other substances which may interfere with the
biological processes or efficiency of the treatment works or that wifl pass through a
treatment works and cause the effluent therefrom or the water into which it is discharged,
to fail to meet applicable state and federal standards, or that will exceed the limitation set
forth in the Categorical Standard.
G. 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 POTW. In no case shall a slug load have a flow rate or contain
concentration or qualities of pollutants that exceed for any time period longer than fifteen
(15) minutes more than five (5) times the average t�,venty-`our (24) hour concentration,
quantities, or flaw during normal operation.
H. Any substance �vhich may cause the POTW's ei�luent or any other produc;of the
POTW such as residues, sludges, or scums, to be unsuitable for reclamation and reusa
or to inteRere with the reclamation process. In no casa shall a substance discharged to
the POTW cause the POTW to be in non-compliance with sfudge user or disposal
criteria, guidelines or regulations developed under Section 405 of the Act; any criteria,
guidelines, or regulations aftecting 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.
I. An waste�vater havin a H less than 5.0 unless the PO " '
Y TW is s eciticall
9 P , P Y
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.
J. Any subs�ance which will cause the POTW to violate its NPDES and/or State
Disposal System Permit or the receiving water quality standards.
K. Any wastewater having a temperature �vhich will inhibit biological activity in the
POTW treatment plant resulting in interference, but in no case wastewater with a
temperature at the introduction into the WWTP which exceeds 40° C (104°) unless the
POTW treatment plant is designed to accommodate such temperature.
L. Any wastewater containing any radioactive wastes or isotopes of such haff-fife or
concentration as may exceed limits established by the Manager in compliance with
applicable state or federal regulations.
17
. . " " �
M. Any wastewater which causes a hazard to human life or creates a public nuisance.
N. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in
amounts that will cause interference or pass through.
O. Pollutants 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.
P. Trucked or hauled wastes, except at discharge points designated by the Manager.
SECTION 4-9 Regulatory Actions
If any subs►ance described in Section 4 of these rules and regulations is discharged
or proposed to be discharged into the POTVI/, the Manager may take all actions
necessary to:
A. Reject the discharges; or
6. Require pretreatment, handling facilities, or flo�v equalization necessary to
reduce or eliminate the objectionable characteristics or substances so that the
discharge will not violate these rules and regulations.
If the �r1anager requires pretreatment or equalization of waste flo�vs prior to discharge
into the POTW, the plans, specifications, and other pertinent data or information relating
to such pretreatment or flow-control facilities shall be submitted to the Manager for review
and approval. Any subsequent alterations or additions to such pretreatment or flow-
control facilities shall not be made without due notice to and approval of the ti1anager.
SECTION 4-10 Federal Categorical Pretreatment Standards
Upon the promulgation of the Federal Categorical Pretreatment Standards for a
particular industrial subcategory, the Federal Standard, if more stringent than limitations
imposed under these rules and regulations for sources in that subcategory, shall
immediately supersede the limitations imposed hereunder.
SECTION 4-11 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 these rules and
regulations.
18
, ` ' . .
. 1
SECTION 4-12 City s Right of Revision
The City reserves the right to establish by rules, regulations or ordinance more
stringent limitations or requirements on discharges to the wastewater disposal system if
deemed necessary to comply with the objectives presented in Section 1 of these rules
and regulations.
SECTION 4-13 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 treatment to achieve
compliance with the limi�ations contained in the Federal Categorical Pretreatment
Standards, or in any other pollutant-specific limitation developed by the City or State.
The Manager may impose mass limitations on users whom the Manager believes are
using dilution to meet applica�le standards.
SECTION 4-14 Accidental Discharges/Slug Control Plans
A. All users shall provice protection from accidental dischar e of rohibited m �
9 F atenals
cr other substances regulated by these rules and regulations. Facilities to prevent
�ccidental discharge or pronibi�ed materials shall be provided and maintained at the
c�.vner or user's own cost and expense. The Manager shall evaluate every odd-
rumbered year whether or not each Significant Industrial User (SIU) needs an accidental
cischarge/slug control plan. Tne Manager may develop such a plan for any user or may
require any user to develop ard implement one. If a plan is necessary, detailed plans
showing facilities and operating procedures to provide this protection shall be submitted
to the .
City for rev►ew, and shall be approved by the City before construction of the facility.
Feview and approval of sucn Flans and operating procedures shafl not relieve the user
from the responsibility to modi�� the user's facility as necessary to meet the requirements
cr these rules and regulations. In the case of an accidental or slug discharge, including
any discharge that would violate a Prohibited Discharge or other Pretreatment Standard
cr requirement, it is the responsibility of the user to immediately telephone and notify the
FOTW of the incident. The notification shall include location of discharge, type of waste,
concentration and volume, if known, and corrective actions.
B. Written Notice Within rve (5) days following an accidental or slug discharge, the
�ser shall submit to the tilana5er a detailed written report describing the cause of the
�ischarge and the measures to be taken by the user to prevent similar future
cccurrences. Such notification shall not relieve the user of any expense, loss, damage,
cr other liability which may be incurred as a result of damage to the POTW, fish kills, or
any other damage to person or propert/; nor shall such notification relieve the user
ci any fines, civil penalties, or other liability which may be imposed by this article or other
a�plicable law.
19
, _ � ., �
. , .
C. Notice to Empioyees A notice shall be permanently posted on the uset's bulletin
board or other prominent place advising employees whom to call in the event of a
dangerous discharge. Employers shall insure that all employees who may cause or
suffier such a dangerous discharge to occur are advised of the emergency notification
procedure.
SECTION 5 USER CHARGES
SECTION 5-1 Purpose
The purpose of these rules and regulations shall be to generate revenue to pay all
fixed operation and maintenance costs of the POTW. The costs shall be distributed
equitably to ali users.
SECTION 5-2 Determining the Total Annuai Fixed Operation and Maintenance
Cos�s
The Brookings Municipal Utilities Board shall determine the estimated total annual
fixed operation and maintenance costs of the rvastewater system. The total annual fixed
costs shall include billing, meter reading, administrative and general costs associated
v�✓ith administration of the waste�vater system. Total annua( operation and maintenance
costs shall include but need not be limited to labor, repairs, equipment replacement,
maintenance, necessary modifications, power, chemicals and materials, samp(ing and
laboratory testing, studies and reports by special consultants, principal and interest of
bonds payable from revenues of the wastewater system as such principal and interest
become due, and an adequate reserve fund.
The total annual operation and maintenance costs shall be allocated by percentage to
each of the three parameters, namely: flow (volume), Biochemical Oxygen Demand
(BOD), and Suspended Solids (TSS).
SECTION 5-3 Determining the Wastewater System Fixed Cost Service Charge
The Brookings Municipal Utilities Board shall determine the fixed cost service charge
by dividing the total annual fixed cost, as determined by Section 5-2, by the total number
of users connected to the POTW at the time of determining annual water charges. One-
twelfth (1/12) of the service charge so computed shall be charged to each user for each
month or fraction thereof, for use as the minimum fixed cost service charge.
20
� `� � . •
SECTION 5-4 Determining the Wastewater System incremental Cost Service
Charge
The Brookings Municipal Utilities Board shall determine the incrementai cost of
operation and maintenance of the municipal wastewater system per 100 cubic feet of
water consumption, by dividing one-third (1/3) of the total annual cost of operation and
maintenance, as determined by Section 5-2, by the total four (4) month volume of water
consumption, in 100 cubic feet units, of all wastewater system users determined from
water meter readings during the previous winter period of December 1 to March 31.
SECTiON 5-5 Determining the Wastewater System 5-Day, 20° Centigrade Bio-
chemical Oxygen Demand (BOD) and Suspended Solids Surcharge
The Brookings Municipal Utilities Board shall determine the user's average daily
poundage of 5-day, 20° Centigrade Biochemical Oxygen Demand �vhich has been
discharged to the POTW in excess of a strength of 200 mg/I. The Brcokings Nlunicipal
Utilities Board shall determine the user's average daily poundage of Suspended Solids
which has been discharged to the POTW in excess of a strength or 250 mgll. The sum
of the number of pounds of BOD and TSS found in excess shall be multiplied by�.10.
That product shall be the surcharge.
SECTION 5-6 Determining Each User's Total Wastewater Service Charge
A. Residential Users: The owner or occupant of each residential premises connected
to the municipal water works and wastewater system shall pay for the use and avai(ability
of such wastewater disposal service. The user service charge shall be computed by '
multiplying the incremental cost, as determined by Section 5-4, by the volume of water '
consumed in 100 cubic feet units, for a unit of time, plus a minimum fixed cost per '
month, as determined by Section 5-3. The wastewater user service charge for any
residential user to be computed for the period of April 1 through November 30 shall be
the average amount of the charges for wastewater service determined from four (4) water
meter readings during the previous winter period of December through March.
For any residential user beginning to discharge to the FOTW after these rules and
regulations become effective, a charge shall be made on the non-base period monthly
water meter readings and pursuant to this Section 5-6A, from the time such wastewater
system connection is made or is begun, until the base period for the purpose of
determining said maximum charge shall have occurred.
B. Commercial/Industrial Users: Except as otherwise provided in Section 5-6C
hereof, the o�vner or occupant of each industrial and commercial premises connected to
the municipal waterworks and wastewater system, shall pay for the use and availability of
such wastewater disposal service, a user service charge computed by multiplying the
incremental cost, as determined by Section 5-4, by the volume of water consumed in 100
21
. , ., (
cubic feet units, for a unit of time, plus a minimum fixed cost per month as determined by
Section 5-3.
The Brookings Municipal Utilities Board may classify industriai and commercial
establishments as a residential user, provided that the wastes from these establishments
are equivalent to the wastes from a residential user with respect to volume, suspended
solids and a 5-day, 20° Centigrade Biochemical Oxygen Demand.
C. Surcharge Users: The owner or occupant of each premise connected to the
municipal waterworks and POTW for both water and wastewater disposal service whose
average daily 5-day, 20° Centigrade B�D of the wastewater discharged to the system
exceeds 200 mg/I or whose average daily Suspended Solids of the wastewater
discharged to the system exceeds 250 mg/I, shall pay a user charge as computed in
Section 5-6B above, plus a surcharge determined in accordance with the provisions of
Section 5-5.
D. Significant Industrial Users: In addition to the base user charge as determined in
this section, the City may levy additiona! charges to significant industrial users which
may include:
1. Fees for reimbursement of costs of setting up and operating the Cit�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 permits; and
7. Other fees as the Ci ma deem necessa to car out the
tY Y re uirements
contained herei
rY rY q
� n.
� E. Users Not Connected to the Munici al Waterworks In the event that
P any premises
which discharges any such wastes into the POTV1/ is not connected to the municipa(
waterworks and, therefore, has no municipal water meter or meter acceptable to the
Manager, then the amount of water so used shall be determined by said manager by any
reasonable measures available in order to estimate the wastewater user service charge
as provided in this section, or the owner or other interested person at his expense shall
install and maintain a meter acceptable to the Manager for said purpose.
22
SECTION 5-7 Review of Each User's Wastewater Service Charge
The Brookings Municipal Utilities Board shall review the total annual fixed operation
and maintenance costs on an annual basis to assure equity of the service charge system
established herein. If a user has completed inplant modifications which would change
that user's BOD and/or Suspended Solids Contributions, the user can present at a
regularly scheduled meeting of the Brookings Municipal Utilities Board such factual
information and the Board shaii then determine if the user's BOD and/or Suspended
Solids Contribution Percentages are to be changEd. The Board shall notify the user of its
findings as soon as possible.
The owner or occupant of any commerciai or non-residential premises who by reason
of special circumstances finds the foregoing user's wastewater service charges unjust or
inequitable as applied to his premises may make written appiication to the 6rookings
Municipal Utilities Board stating such circumstances and requesting a different basis of
charges for wastewater service to his premises, in which case the Board shall investigate
the circumstances and establish fair and equitable service charges for such premises if
the normal charges are found to be inequitable to the owner or occupant.
SECTION 5-8 Wastewater Department Vehicle Charges
Charges for wastervater depar�ment vehicles and equipment shall be made in
accordance with a rate schedule determined annually by the Utility for examining local
charges for similar vehicles and equipment.
SECTION 6 ADMINISTRATION
SECTION 6-1 Wastewater Dischargers
It shall be unlawful to discharge to any natural outlet within the city of Brookings,
South Dakota, or in any area under the jurisdiction of the City, or to the POTV1/, any
vrastewater except as authorized by the Manager in accordance with the provisions of
these rules and regulations. '
SECTION 6-2 Wastewater Contribution Permits I'
A. Permits: In addition to any other permits required by the rules and regulations, all
signifrcant industrial users proposing to connect to or to contribute to the POTW shall
obtain a Wastewater Discharge Permit before connection to or contributing to the POTW.
All existing significant industrial users connected to or contributing to the POTV1/ shall
23
obtain a Wastewater Contribution Permit within 180 days after the effective date of these
rules and regulations.
B. Permit Application: Users required to obtain a Wastewater Contribution Permit
shall complete and file with the Manager an application in form prescribed by the �
Manager and accompanied by a fee of$35.00. Existing users shall apply for a
Wastewater Contribution Permit within 180 days after the effective date of these rules
and regulations, and proposed new users shall apply at least 90 days prior to connecting
to or contributing to the POTW. 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 permitted address);
2. SIC number according to the Standard Industrial Classification Manual,
OfFice of Management and Budget, 1987, as amended;
3. Wastewater constituents and characteristics including but not limited to those
mentioned in Section 4 of these rules and regulations as determined by a
reliable analytical laboratory; sampling and analysis shall be performed in
accordance with procedures established by the EPA pursuant to Section
304(g) of the Act and contained in 40 CFR Part 136, as amended;
4. Time and duration of contribution;
5. Average and maximum daiiy wastewater flow rates, including daily, monthly
and seasonal variations, if any;
6. Site plans, floor plans, mechanical and plumbing plans and details to show all
sewers, sewer connections, and appurtenances by the size, location and
elevation;
7. Description of activities, facifities and plant processes on the premises .
including all materials and chemicals 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
certification statement regarding whether or not the pretreatment standards are
being met on a consistent basis and if not, whether pretreatment is required for
the user to meet applicable pretreatment standards.
9. If additional pretreatment and/or operations and maintenance 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.
24
The following conditions shail 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 appiicable pretreatment standards (e.g., hiring an engineer,
completing preliminary plans, completing final plans, 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 14 days following each date in the schedule and the final
date for comp(iance, the user shall submit a progress report to the Manager
including as a minimum, whether or not it complied with the increment of
progress to be met on such date and, if not, the date on which it expects to
comply with this increment of progress, the reason for delay, and the steps
being taken by the user to return the construction to the schedule
established. In no event shall more than nine (9) months elapse between
such progress reports to the Manager.
10. Each product produced by type, amount, process or processes and rate of
production;
11 . Type and amount of ra�v materials processed (average and maximum per
� daY);
12. Number and type of employees, and hours of operation of plant and �
proposed or actual hours of operation of pretreatment system;
13. Any other information as may be deemed by the City 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 Contribution Permit subject to terms and conditions provided herein.
C. Permit Modifications: Within nine (9) months of the promulgation of a National
Categorical Pretreatment Standard, the Wastewater Contribution Permit of 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
Contribution Permit as required by Section 6-2B, the user shall apply for a Wastewater
Contribution Permit within 180 days after the promulgation of the applicable National
Categorical Pretreatment Standard. In addition, the user, with an existing Wastewater
� Contribution Permit, shall submit to the Manager within 180 days after the promulgation
25
. r
' � a
of an applicable Federal Categorical Pretreatment Standard the information required by
paragraph (G) and (H) of Section 4-8.
D. Permit Conditions: Wastewater Discharge Permits shali be expressly subject to
all provisions of these rules and regulations, user charges, and fees established by the
City. Permits must contain the following:
1. A statement that the permit is in effect for a specific period of time not to
exceed five years (see Section 6-2E).
2. A statement of non-transferability of the permit without prior notification to the
City as set forth in Section 6-2F.
3. Effluent limits based on applicable pretreatment standards;
4. Specifications for monitoring programs which shall include sampling
locations, parameters to be monitored, frequency of sampling, number of
samples, sample types, and standards for analyses;
5. Requirements for submission of technical reports or discharge reports (see
Section 6-3);
6. Requirements for maintaining and retaining plant records relating to
v�✓astewater discharge as specified by the City, and affording City access
thereto;
7. Requirements for notification to the City of any new introduction of
wastewater constituents or any substantial change in the volume or character
of the wastewater constituents being introduced into the wastewater
treatment system.
8. Requirements for notification of accidental or slug discharges as per 4-14;
9. A statement of applicable civil and criminal penalties for violation of
pretreatment standards and requirements;
10. Applicable compliance schedules;
Permits may contain the following:
11. Limits on average and maximum rate and time of discharge or requirements
for flow regulations and equalization;
12. Requirements for installation and maintenance of inspection and sampling
. . facilities;
26
1 ' �. . .
13. Other conditions as deemed appropriate by the City to ensure compliance
with these rules and regulations.
E. Permits' Duration: Permits shall be issued for a specified time period not to
exceed five (5) years. A permit may be issued for a period of less than a year or may be
stated to expire on a specific date. The user shall apply for permit reissuance a minimum
of 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 Section 4 are modified or other just cause
exists. The user shall be informed of any proposed changes in his permit at least 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.
F. Permit Transfer: Wastewater Discharge Permits are issued to a specific user for a
specific operation. A wastewater discharge permit shall not be reassigned or transferred
or sold to a new owner, neur user, different premises, or a new or changed operation
without the approval of the City. Any succeeding owner or user shal� also comply with
the terms and conditions of the existing permit.
SECTION 6-3 Reporting Requirements for Permittee
A. Baseline Report: �Vithin 90 days following the date for final ccmpliance with
applicable Pretreatment Standards or in the case of a new source, 90 days prior to the
introduction of wastewater into the POTW, any user subject to Pretreatment Standards
and Requirements shall submit to the Manager a Baseline Monitoring Report(BMR)
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 daify florv for these process units in the user faciiity which are
limited by such Pretreatment Standards or Requirements.
The BMR shall contain as a minimum the following information:
1. Identifying information - see Section 6-26(1)
2. Environmental permits held
3. A description oT operations - see Section 6-2B(�
4. Flow measurements - see Section 6-2B(�)
5. Measurement of pollutants - see Section 6-2B(3)
6. Certification statement (see D. below)
7. Compliance schedule - see Section 6-2B(9)
27
. , " ' t
The certification statement shaii state whether the applicable Pretreatment Standards .
or Requirements are being met on a consistent basis, and, if not, the compliance
schedule will set out what additional operations and maintenance and/or 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
industrial user (see Authorized Representative in Section 2-1).
B. 1. Periodic Compliance Reports: Any user subject to a Pretreatment Standard,
after the compliance date of such Pretreatment Standard, or, in the case of a
new source, af�er commencement of the discharge into the POTW, shall
submit to the Manager during the months of January and July unless required
more frequently in the Pretreatment Standard or by the Manager, a report
indicating the nature and concentration, of pollutants in the effluent which are
limited by such pretreatment standards. In addition, this report shall include a
record of all daily flo�vs which during the reporting period exceeding the average
daily flow reported in paragraph 6-2B(5) of this section. At the discretion of the
Manager and in consideration of such factors as local high or low flow rates,
holidays, budget cycles, etc., the Manager may agree to alter the months during
which the above reports are to be submitted.
2. The N1anager may impose mass limitations on users which are using dilution
to meet applicable Pretreatment Standards or Requirements, or in other cases
where the imposition of mass limitations are appropriate. In such cases, the
repor� required by subparagraph 6-3B(1) shall indicate the mass of pollutants
regulated by Pretreatment Standards in the effluent of the user. Thesa 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 Manager, of pollutants contained therein which are limited by
the applicable Pretreatment Standards.
C. All analysis shall be performed in accordance with procedures established by the
Administrator pursuant to Section 304(g) of the Act and contained in 40 CFR Part 136,
and amendments thereto.
D. All reports submitted to the City shall contain the following certification s�atement:
"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 properiy 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, accurate, and complete. I am aware that there are significant
penalties for submitting false inrormation, including the possibility of fine and
imprisonment for knowing violations."
28
SECTION 6-4 Monitoring Facilities
The City shall require to be provided and operated at the user's own expense,
monitoring facilities to allow inspection, sampling, and flow measurement of the building
sewer and/or internal drainage systems. The monitoring facility should normally be
situated on the user's premises, but the City may, when such a location would be
impractical or cause undue hardship on the user, allow the facility to be constructed in
the public street or sidewalk area and located so that it will not be obstructed by
landscaping or parked vehicles.
There shall be ample room in or near such sampling manhole or facility to allow
accurate sampling and preparation of samples for analysis. The facility, sampling and
measuring equipment shall be maintained at all times in a safe and proper operating
condition at the expense of the user.
Whether constructed on public or private property, the 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
90 days following written notification by the Ci�y. The City shall have the unrestricted
right to monitor flo�vs at any time the N1anager deems appro riate.
P
SECTION 6-5 Monitoring
The City shall inspect the facilities of any user to ascertain whether the purpose of
these rules and regulations are being met and all requirements are being complied with.
Persons or occupants of premises where wastewater is created or discharged shall allow
the City or its representative ready access at all reasonable times to all parts of the
premises for the purposes of inspection, sampling, records examination, or in the
performance of any of their duties.
Officials of the City, EPA, or South Dakota Department of Environment& Natural
Resources have the right to inspect and copy any records relating to compliance with
Pretreatment Standards. These records shall be maintained for at least three (3) years.
In the event of abnormal or emergency circumstances, the Manager shall have the
right to immediate entry onto the premises upon notice to the property owner or tenant.
The City, South Dakota Department of Environment & Natural Resources or EPA shall
have the right to set up on the use�'s property such devices as are necessary to conduct '
sampling, inspection, compliance monitoring and/or metering operations. Where a user
has security measures in force which would require proper identification and clearance '
before entry into their premises, the user shall make necessary arrangements with their I
security guards so that upon presentation of suitable identification, personnel from the '
City, South Dakota Department of Environment & Natural Resources and EPA will be !
29
� ' ' � If
permitted to enter, without delay, for the purposes of performing their specific
responsibilities.
SECTION 6-6 Trap Installations
Grease, oil and sand traps shall be provided when the Manager determines they are
necessary for the proper discharge of waste containing excessive amounts of grease, oil
or sand except that such traps shall not be required for private homes or dwelling units.
All traps shall be of type and capacity approved by the Manager and shall be located as
to be readily and easily accessible for cleaning and inspec;ion. Grease and oil traps
shall be constructed of impervious materials capable of withstanding abrupt and extreme
changes in temperature. They shall be of substantial construction, watertight and
equipped with easily-removable covers which when bolted in place shall be gas tight or
watertight.
Where installed, all grease, oil and sand traps shall be maintained by the owner, at
the owner's expense, in continuously ef`icient operation at all times.
SECTION 6-7 Confidential Information
Information and data on a user obtained from reports, questionnaires, permit
applications, permits and moni'toring programs and from inspections shall be available to
the public or other governmental agency without restriction unfess the user specifically
re uests and is able to demon ` ' r
q s�rate to the sat�s�action of the City that the release of such
information would d'
ivul e information rocesse
s or methods
9 , p of pro�uction entitled to
rotection as r
p trade secrets o� the user relate to roductio
, p n of sales figures; or would tend
to adversel affect .
the com etiti
y p ve position of the user. Ho4vever, all such information
ma be used b the Mana e '
Y r in com i i o
Y 5 p I ng r publishtng anaiyses or summar�es relating
to the general condition of the public water so long as such analyses or summaries do
not identify any user who has demonstrated the need for confidentiali'ry.
When requested by the person furnishing a report, 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 request to governmental
agencies for uses related to these rules and regulations, the National Pollutant Discharge
Elimination System (NPDES) Permit, State Disposal System Permit and/or the
Pretreatment Programs; provided, however, that such portions of a report shall be
available for use by the S�ate or any state agency in judicial review or enforcement
proceedings involving the person furnishing the report. Efifluent wastewater constituents
and characteristics will not be recognized as confidential information.
30
S' .. , .
SECTION 6-8 Hauled Wastes
The City will accept hauled liquid wastes under the foilowing conditions:
1. All loads shall be accompanied by a completed load ticket (provided by the �
Utilities) stating the type of waste, location where waste was generated, number
of gallons, and a signed statement certifying that the waste is not hazardous.
That signature shall be the waste generator's.
2. All loads shall be discharged into the POTV1/ at a location designated by the
Manager.
3. The completed load ticket (original) will be delivered to the Utility Building.
The City reserves the right to sample any load to be discharged to the POTW and
may require analysis of the waste, at no cost to the City, prior to discharge.
SECTION 6-9 Wastes from Other Jurisdictions
If a sanitary sewer district outside 6rookings' city limits contributes wastewater to the
POTW, the Manager shall enter into an interjurisdictional agreement with the
contributing sewer district.
Before entering into an agreement, the contributing district will provide the Manager
the following information:
1. A description of the quality and quantity of wastewater discharged.
2. A listin of all users I
g ocated withm the contribut�ng district that are discharging
to the POTVI/. ,
3. Any other information the Manager deems necessary. ��
The interjurisdictional agreement shall contain the following:
1. A requirement for the contributing sanitary sewer district to adopt sewer use
rules which are at least as stringent as these and local limits which are at
least as stringent as those set forth in Section 4-7.
2. A requirement for the contributing sanitary sewer district to submit an updated
user list every year on or before January 31.
3. A provision specifying that the City will implement its pretreatment activities as
necessary in the sanitary sewer district.
31
.. 4.
.�
4. A provision ensuring the Manager access to the facilities of users located �
within the sanitary sewer district's jurisdictional boundaries for the purpose of
inspection, sampling, and any other duties necessary to carry out the City's
Pretreatment Program.
5. A provision specifying remedies available for noncompliance to the conditions
of the interjurisdictional agreement.
SECTION 7 ENFORCEMENT
SECTION 7-1 Harmful Contributions and Falsifying Information
The City may suspend the wastewater treatment service and/or a Wastewater
Contribution Permit when such suspension is necessary, in the opinion of the City, to
stop an actual or threatened discharge which presen�s or may present an imminent or
substantial endangerment to the health or welfare of persons, to the environment, causes
interference or pass through to the POTVV or causes the city to �iiolate any condition of its
NFDES Permit.
Any person notir�ed of a suspension of the wastewater treatment service and/or the
Waste�r�ater Contribution Permit shall immediately stop or eliminate the contribution. In
the event of a failure of the person to comply voluntarily with the suspension order, the
City shall take such steps as deemed necessary including immediate severance of the
sewer connection, to prevent or minimize danger to the POTW system or endangerment
to any individuals. The City shall reinstate the Wastewater Con�ribution Permit and/or
the waste�vater treatment service upon proof of the elimination of the non-comp(ying
discharge. A de�ailed written statement submitted by the user describing the causes of
the harmful contribution and the measures taken to prevent any future occurrence shall
be submitted to the City within fifteen (1�) days of the date of occurrence.
No person shall make any false statement, representation or cer�ification in any
application, record, report, plan or other document filed or required to be maintained
pursuant to these rules and regulations, or Wastewater Contribution Permit, nor shall
falsify, tamper with, or render inaccurate any monitoring device or method required under
these rules and regulations.
SECTION 7-2 Responses for Noncompliance
A. Permit Revocation: Any user who violates the following conditions of these rules
and regulations, or applicable state and federal regulations, is subject to having his
. Wastewater Contribution Permit revoked in accordance with the procedures set forth in
32
.� �
wr .
Section 7 of these rules and regulations. Following is not an all inclusive list of reasons
that a permit may be revoked:
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.
5. Failure to pay fines and/or sewer charges.
6. Tampering with sampling equipment.
B. Enforcement Responses: Whenever the City finds that any user has violated or is
violating these rules and regulations, its Wastewater Contribution Permit, or any
prohibition, limitation, or requirement contained herein, the City may serve upon such
person a(n):
Informal Notice: This may take the form of a telephone call or personal contact to
inform the user of a minor violation, seek an explanation, and remind the user that
subsequent violations of the same type may be dealt with more severely. The
notification shall be reduced to a written form for record-keeping purposes.
Notification of�olation (N01/): The NOV is a written notice that the City has
observed a violation, states the nature of the violation, and expects the
noncompliance to be corrected. A statement will be included that additional
enforcement action may be pursued if corrective actions are not taken. Within thirty 'I
30 da s of the date of t �
( ) y he notice, a plan for the satisfactory correction thereof shall
be submitted to the City by the user. NOVs shall be sent certified mail with return
receipt requested.
Administrative Order(AO): The AO is a written notice stating the nature of the
violation and listing compliance steps the user shall use to come back into
compliance. A statement will be included that additional enforcement action may
be pursued if corrective actions are not taken. AOs shall be sent certified mail
with return receipt requested.
Show Cause Hearing:
1 . The City may order any user who causes or allows an unauthorized discharge
� to enter the POTW to show cause before the Brookings Municipal Utilities
33
. '� �
Board why the proposed enforcement action should not be taken. A notice
shall be served on the user specifying the time and place of hearing to be held
by the Brookings Municipal Utilities Board 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 Brookings Municipal Utilities Board why the
proposed 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.
2. The Brookings Municipal Utilities Board may itself conduct the hearing and
take the evidence or may designate any of its members or any officer or
employee of the Brookings Municipal Utilities Board to:
a. Issue in the name of the Brookings Municipal Utilities Board notices of
hearings requesting the attendance and testimony of witnesses and the
production of evidence relevant to any matter involved in such hearings;
b. Take the evidence; and
c. Transmit a report of the evidence and hearing, including transcripts and
other evidence, together�vith recommendations to the Brookings Municipal
Utilities Board for action thereon.
3. At any hearing held pursuant to these ruies and regulations, 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 thereo�.
4. After the Brookings Municipal Utilities Board 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 on existing treatment facilities, devices or other related
appu�tenances are properly operated. Further orders and directives as are
necessary and appropriate may be issued.
C. Permit Suspension: Nothing contained in this section shall prevent the Manager
from immediately suspending a user's Wastewater Contribution Permit as allowed by
Section 7-1.
SECTION 7-3 Significant Noncompliance
A user is in significant noncompliance if any of the following criteria app(y:
34
� .�_ .
� �� _ .
y .
1. Chronic violations of wastewater discharge limits, defined as 66°� or more of all
measurements taken during a six-month period exceed the daily maximum limit
or the average limit for the same pollutant parameter;
2. Technical Review Criteria (TRC} violations, defined as 33°,6 or more of all of the
measurements for each pollutant parameter taken during a six-month period
equal or exceed the product of the daily maximum limit or the average limit
multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease,
and 1.2 for all other pollutants except pH;
3. Any other violation of a pretreatment eftluent limit that the City determines has
caused, alone or in combination with other discharges, interference or pass
through (including endangering the health of POTW personnel or the general
public);
4. Any discharge of a pollutant that has caused imminent endangerment to human
health, welfare or to the environment or has resulted in the POTW's exercise of
its emergency authority under Section 7-1 to halt or prevent such a discharge;
5. Failure to meet, within 90 days a�ter the schedule date, a compfiance schedule
milestone contained in a permit or enforcement order for starting construction,
completing construction, or at`�aining final compliance;
6. Failure to provide, within 30 days after the due date, required reports such as
baseline monitoring reports, 90-day compliance reports, periodic self-monitoring
reports, and reports on compliance with compliance schedules;
7. Failure to accurately report noncompliance;
8. Any other violation or group of violations which the City determines will adversely
affect the operation or implementation of the Citys pretreatment program.
The City shall annually publish in the Brookings Daily Register newspaper a list of the
users which were in significant noncompliance with applicable Pretreatment
Requirements at any time during the twelve (12) previous months.
SECTION 8 LEGAL ACTION and PENALTIES '�
SECTION 8-1 In'unctive Relief II
1
When the Manager finds that a user has violated, or continues to violate, any
provision of these rules and regulations, a wastewater discharge permit, or order issued
- hereunder, or any other pretreatment standard or requirement, the Manager may petition
35
, _� ,,
' _ '+ .
. �'
the Circuit Court of Brookings County through the Utilities Attorney for the issuance of a
temporary or permanent injunction, as appropriate, which restrains or compels the
specific performance of the wastewater discharge permit, order, or other requirement
imposed by these rules and regulations on activities of the user. The Manager may also
seek such other action as is appropriate for legal and/or equitable relief, including a �
requirement for the user to conduct environmental remediation.
A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking
any other action against the user.
SECTION 8-2 Civil Penalties
A user who has violated, or continues to violate, any provision of these rules and
regulations, a wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement shall be liable to the City for a civil penalty of up to
_ one thousand dollars ($1000) per violation, per day.
The City may recover monetary damages incurred as the result of any violation,
reasonable attorneys' fees, court costs, and other expenses associated with enforcement
activities, including sampling and monitoring expenses.
In determining the amount of civil liabilifij, the Court shall take into account all relevant
circumstances, including, but not limited to, the extent of harm caused by the violation,
the magnitude and duration of the violation, any economic benefit gained through the
user's violation, corrective actions by the user, the compiiance history of the user, and
any other factor as justice requires.
Filing a suit for civil penalties shall not bar, or be a prerequisite for, taking any other
action, including criminal prosecution, against a user.
SECTION 8-3 Criminal Prosecution
A user who willfully or negligently violates any provision of these rules and
regulations, a wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement shall, upon conviction, be guilty of a Class I
misdemeanor, punishable by a fine of not more than one thousand dollars ($1000) or
imprisonment for not more than one (1) year, or both.
36
��� .4
%a
SECTION 9 SEVERABIUTY
if any provision, paragraph, word, section or article of these rules and regu(ations is
invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs,
words, sections, and chapters shall not be affected and shall continue in full force and
effect.
SECTION 10 CONFLICT
All other ordinances, rules and regulations inconsistent or conflicting with any part of
these rules and regulations are hereby repealed to the extent of such inconsistency or
conflict.
SECTION 11 EFFECTIVE DATE
These rules and re ulations shall be in full force
9 and effect immediatel u on the
. Y P
same being filed at the office of the General Mana er in their final and rinted form.
9 p
37