CITY OF GRAND JUNCTION, COLORADO

 Ordinance No. 2701

Recitals.

 The EPA and the City's Pretreatment Coordinator have recommended certain changes to the Pretreatment Ordinance (part of Chapter 25 of the City Code) to comply with applicable federal law and regulations.

 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION THAT:

 1. The provisions which are attached hereto, and made a part hereof by this reference, are adopted in their entirety and shall replace the existing provisions.

 2. The attached code provisions (consisting of sections 25-57 through and including 25-65) shall become effective upon receipt of EPA approval.

 Introduced on first reading this 18th day of August, 1993.

 PASSED AND ADOPTED on second reading this 1st day of Septem­ber, 1993.

/s/ Reford C. Theobold

Mayor

ATTEST:

/s/ Stephanie Nye

City Clerk

 ARTICLE X. PRETREATMENT OF INDUSTRIAL WASTES

Sec. 25-57. Purpose and Policy

(a) Purpose. This Article sets forth uniform re­quire­ments for users of the City's and County's Publicly Owned Wastewater Treatment Works (WWTW) and enables the City to comply with applicable state and federal laws, including the Clean Water Act of 1977, the federal General Pre­treatment Regulations, 40 CFR Part 403, and the Colorado Water Quality Control Act, all as amended. The objectives of this Article are to:

(1)  Prevent the introduction of pollutants into the municipal wastewater system and the WWTW which will interfere with or upset the opera­tion of the WWTW treatment plant, or contami­nate treatment plant sludge with toxic or hazardous materials;

(2)  Minimize the introduction of incompatible pollut­ants into the municipal wastewater system and the WWTW which may pass through the system without adequate treatment and into receiving waters or the atmosphere;

(3)  Prevent water quality violations resulting from direct discharges into waters of the State, or violations of the NPDES permit for the WWTW;

(4)  Improve the opportunity to recycle and reclaim wastewaters and sludges from the system;

(5)  Provide for equitable distribution of the costs of the municipal wastewater system and the WWTW;

(6)  Establish and maintain a data base and inspec­tion program sufficient to determine compli­ance with pretreatment requirements;

(7)  Enhance the efficiency and cost-effective operation of the WWTW; and

(8)  Protect the health and safety of City and County residents and WWTW workers.

(b) Policy. This Article provides for the regulation of direct or indirect contributors or users of the City's and County's WWTW through the development of an Industri­al Pretreatment Program, including issuance of permits to certain non-domestic users, and through enforcement of general requirements for the other users. This Article authorizes monitoring and enforcement activities, requires user reporting, protects the WWTW treatment and hydraulic capacity, improves the ability to serve existing and new customers within the service area of the WWTW, sets fees for the equitable distribution of costs resulting from the program established herein, and establishes penalties and remedies for violations of pretreatment requirements.

(c) Applicability. This Article applies within the City of Grand Junction ("City") and to persons outside the City who are, by contract or agreement with the City, connector districts, or Mesa County ("County"), users of the City's and County's WWTW. This Article supplements Articles I through IX and Article XI of Chapter 25 of the City Code. Except as otherwise provided herein, the Director of the Department of Public Works and Utilities of the City, or his designee, shall implement, adminis­ter, and enforce the provisions of this Article.

Sec. 25-58. Definitions.

Unless the context specifically indicates otherwise, and despite previous definition in § 25-14 of Chapter 25, the words and terms used herein are defined and shall be interpreted for purposes of this Article as follows:

(a)  Accidental discharge means the unintentional and te­mporary discharge to the WWTW of the prohib­ited waters or wastes, including those described in

 § 25-33 or § 25-60 of this code.

(b)  Act or "the act" means the Federal Water Pollution Control Act, Public Law 92-500, also known as the Clean Water Act, and including amendments thereto by the Clean Water Act of 1977, Public Law 95-217, 33 U.S.C. § 466, et. seq., and as subse­quent­ly amended.

(c)  Approval authority is the Administrator of the EPA, unless Colorado's Industrial Pretreatment Program has been approved, in which case the approval authority shall be the Director of the Colorado Department of Health.

(d)  Authorized representative of an industrial user includes:

(1)  A principal executive officer of at least the level of vice-president having full actual authority to act on behalf of the corporation, if the industrial user is a corporation;

(2)  A general partner or proprietor if the indus­trial user is a partnership or proprietorship, respec­tively; or

(3)  A duly authorized representative of the indi­vidual designated above if such representative is respon­sible for the overall operation of facilities from which any discharge origi­nates.

(e)  Categorical standards means National Categorical Pretreatment Standards or Pretreatment Standard.

 (1) Categorical industrial user is defined as an industrial user discharging into the City's 201 area wastewater collection, treatment and disposal system, which is classified as a categorical industry and because of the nature of its discharge is governed by the National Categorical Pretreatment Standards. These may include users such as electroplaters and metal finishers.

 (2) Reserved.

(f)  Code means the Code of Ordinances of the City of Grand Junction.

(g)  Cooling water means the water discharged from any use such as air conditioning, cooling or refrigera­tion, or to which the only pollutant added is heat.

(h)  Director refers to the Director of Public Works and Utilities of the City, or his designee.

(i)  Discharge is the direct or indirect introduction of treated or untreated wastewater into the waters of the State of Colorado, either through the municipal waste­water system and WWTW, or through a point source into state waters.

(j)  Domestic waste or sanitary wastes means liquid waste(s):

 (1)  From the non-commercial preparation, cooking or handling of food; or,

 (2)  Containing human excrement or similar matter from the sanitary conveniences of a dwelling,

   commercial building, industrial facility or institu­tion.

(k)  Environmental Protection Agency, or EPA means 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.

(l)  Grab sample means a sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consider­ation of time.

(m)  Harmful contribution means an actual or threatened discharge or introduction of industrial waste to the WWTW: which presents or may present an immi­nent or substantial endangerment to the health or wel­fare of persons, or to the environment; or which inhibits or interferes with the physical or lawful operation of the WWTW; or which causes the City or the WWTW to be in violation of any condition of its NPDES permit.

(n)  Holding tank waste means any waste from a holding tank such as vessels, chemical toilets, campers, or trailers.

(o)  Industrial means of or pertaining to industry, manufacturing, agriculture, commerce, trade, or business, as distinguished from domestic or resi­dential.

(p)  Industrial discharge permit is a document as set forth in § 25-62 of this Article, which licenses and conditions the nature and amount of contribu­tion of industrial waste into the WWTW.

(q)  Industrial user means any person or source that introduces or discharges wastewater from industrial processes into the WWTW, such as eating establish­ments, food processors or feed lots, and who may be sub­ject to a users charge for excess strength, toxic waste.

(q.1) Industrial user charge is an additional charge    calculated either by the actual gallons of industri­  al or commercial wastewater discharged per one  thousand (1,000) gallons or by calculating the  pounds of BOD and TSS being discharged in the  process wastewater. This charge is in addition to

 the charge determined under § 25-44(11) of this  Chapter.

(r)  Industrial waste or wastewater means the liquid or water-carried waste(s) from industrial manufactur­ing or processing, as distinct from domestic or sani­tary wastes. The term also includes, by way of example and not by limitation, the trade waste produced by food processing and bottling plants, food manufacturing plants, slaugh­tering plants, tallow works, plating works, disposal services, industrial cleaning plants, fertilizer plants, car and truck washing operations, commercial laundries and cleaning establishments, cooling plants, indus­trial plants, factories, feedlots, and chemical treatment installations.

(s)  Interference means the inhibition or disruption of the WWTW treatment processes or operations which causes or materially contributes to a violation of any require­ment of the WWTW's NPDES Permit, or of the requirements of any agency with jurisdiction over discharges by the WWTW into the receiving waters. The term also includes contamina­tion of treatment works sludge byproducts.

(t)  National categorical pretreatment standards or pretreatment standard means any regulation contain­ing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Clean Water Act (33 U.S.C. § 1317) which applies to a specific category of Primary Industri­al Users.

(u)  National prohibitive discharge standards or prohib­i­tive discharge standard means any federal regula­tion developed under the authority of § 307(b) of the Clean Water Act, including the Gener­al Pre­treatment Regulations (40 CFR § 403.5).

(v)  National pollutant discharge elimination system (NPDES) permit is a permit issued pursuant to § 402 of the Act (33 U.S.C. 1342), allowing discharge of pollutants into navigable waters of the United States or waters of the State of Colora­do.

(w)  Person means any individual, partnership, co-part­ner­ship, firm, company, corporation, group, associ­a­tion, trust, estate, governmental entity, politi­cal subdivi­sion, or any other legal entity or their legal represen­tatives, agents, or assigns. The masculine gender shall include the feminine, and

 the singular shall include the plural where indi­-cated by the context.

(x)  Pollution means the alteration of the chemi­cal, physical, biological or radiological integrity of water by human activity.

(y)  Pollutant means any dredged soil, solid waste, incinerator residue, sewage, garbage, septic waste, sewage sludge, munitions, chemical wastes, biologi­cal materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, dand industrial, municipal, and agricultural waste discharged into water.

(y.1) Potential contributor is an industrial user of the City/County wastewater collection, treatment and isposal system which:

 (1)  Discharges into the system more than twenty-five thousand (25,000) gallons of material per day on average;

 (2)  Discharges into the system materials prohi-­bited by § 25-33 of this Article; or

 (3)  Is found by the City, Colorado Department of Health or EPA to have an ad­verse im­pact, sepa­rately or in combina­tion with other indus­tries, on the wastewa­ter trea­tment system or the benefi­cial reuse of sludge, or to cause a toxic pass-through, or to interferewith the treat­ment pro­cess, or to have the potential, be­cause an accumulative effect, to cause a viola­tion of the treatment plant's CDPS dis­charge permit. These may include users such as hospitals, laundries, auto repair shops and service stations.

(z) Pretreatment or treatment means the reduction of the amount of pollutants, the elimination of pollut­ants, the alteration of the rate of their introduc­tion into the WWTW, 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 WWTW. The reduction or alter­ation can be achieved by physi­cal, chemical or biological pro­cesses, pro­cess, changes, or by other means, except as prohib­ited by 40 CFR § 403.6(d).

(aa)  Pretreatment requirements means any substantive or procedural requirement related to pretreatment, including National Categorical Pretreatment Stan­dards, imposed on an industrial user.

(bb)  Significant industrial user is a permitted indus­trial user discharging into the City's 201 area wastewater treatment works and which may be classi­fied as one of the following: categorical user, potential contributor or an industrial user. These include any industrial discharger subject to cate­gorical pretreatment standards; or

(1) Any other industrial user that discharges an average of twenty-five thousand (25,000) gallons per day or more process wastewater to the WWTW, excluding sanitary, noncontact cooling water and boiler blowdown wastewater; or

(2) Contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the WWTW, which­ev­er is less; or

(3) Is designated as such by the WWTW on the basis that the industrial user has a reasonable potential for adversely affecting the WWTW operation or for violating any pretreatment standard or requirement.

(4) Significant industrial user is subclassed as follows: categorical; potential or industrial user; or any other descriptive term necessary to readily identify any industrial waste discharge or permit classification.

(bb.1) An industrial user is in significant noncompli­ance if its vio­la­tion meets one or more of the fol­low­ing cri­te­ria:

(1)  Chronic violations of wastewater discharge limits, defined here as those in which sixty-six (66) percent or more of all the measure­ments taken during a six-month period exceed (by any amount) the daily maximum limit for the same pollutant parameter; or

 (2)  Technical review criteria (TRC) violations, defined here as those in which thirty-three (33) percent or more of all 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.); or

(3)  Any other violation of a pretreatment effluent limit (daily maximum or longer term mean average) that the WWTW determines has caused, alone or in combination with other discharges, interference or pass through, including endan­gering the health of WWTW personnel or the public; or

(4)  Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environ­ment or has resulted in the WWTW's exercise of its emergency authority to halt or prevent such a discharge; or

(5)  Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone or a local control mechanism or enforcement order, for starting or completing construction or for attaining compliance; or

(6)  Failure to provide, within thirty (30) days after the date due, a required report such as a baseline monitoring report (BMR), a ninety-day compliance report, a periodic self moni­toring report or a report on compliance with compliance schedules; or

(7) Failure to accurately report noncompliance;

(8)  Any other violation or group of violations which the program director, also known as the WWTW industrial pretreatment coordinator, or the director's designee, determines will adversely affect the operation or implementa­tion of the local pretreatment program.

(cc) Significant violator means a user who remains in noncompliance with provisions of this Article for forty-five (45) days or more after notification thereof, which noncompliance is part of a pattern occurring over a twelve-month period, or who fails to accurately report noncompliance.

(dd) Source means any building, structure, facility, or installa­tion from which there may be a discharge of pollutants.

(ee) State means the State of Colorado.

(ff) Standard industrial classification (SIC) means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972, as amended.

(ff.1) TSS means total suspended solids.

(gg) Toxic pollutant includes, but is not limited to, any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administra­tor of the EPA under the provisions of § 307(a) of the Act or other applicable laws.

(hh) User means any person who contributes, causes, or permits the contribution or introduction or waste­water into the WWTW.

(ii) Wastewater or sewage means the spent water of a community that enters the WWTW. The term also refers to a combination of liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water or stormwater that may be present.

(jj) Wastewater treatment works (WWTW) is that portion of the WWTW designed to provide treatment to waste water. The term includes the Persigo Waste Water Treatment Plant which is owned by the County and the City and operated by the City.

(kk) Wastewater treatment works (WWTW) means waste water treatment works as defined by § 212 of the Act (33 U.S.C. § 1292) which are owned by the City and County, or which are managed and operated by the City. This term includes any sewers that convey wastewater to the WWTP from within the Persigo WWTP service area, but excludes pipes, sewers or other conveyances not directly or indirectly connected to the treatment facility. For the purposes of this article, "WWTW" shall also include any sewers that convey wastewaters to the WWTW from persons or sources outside the City who are, by contract or agree­ment with the City or connecting sanitation districts, users of the City's and County's WWTW.

(ll) Waters of the state means all streams, lakes, ponds, marches, 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.

Sec. 25-59. Abbreviations.

The following abbreviations shall have the designated meanings:

(a) CFR:    Code of Federal Regulations

(b) EPA:    Environmental Protection Agency

(c) mg/l:    Milligrams per Liter

(d) NPDES:  National Pollutant Discharge Elimination      System

(e) SIC:    Standard Industrial Classification

(f) WWTP:    Wastewater Treatment Plant

(g) WWTW:    Wastewater Treatment Works

(h) U.S.C.:  United States Code

(i) TSS:    Total Suspended Solids

Sec. 25-60.  Regulations

(a) General discharge prohibitions.

(1)  No person or user shall introduce, discharge, or cause to be discharged into the municipal waste water system or WWTW, any pollutant or wastew­ater which may cause interference with the opera­tion or performance of the WWTW, or which consti­tutes a harmful contribution to the WWTW, or which may pass through the WWTW so as to cause the WWTW to violate a term of its NPDES permit or other applicable laws and regulations. These general prohibitions apply to all users of the WWTW, wheth­er or not the user is subject to National Pretreat­ment Stan­dards or any other national, state or local pretreatment standards or requirements, including specific pollutant limita­tions developed pursuant to § 25-60(j).

(2)  In addition to the prohibited waters or wastes described above or in § 25-33 of this Arti­cle, a user shall not introduce or dis­charge the following substances into the WWTW:

 (a)  Any wastewater containing toxic pollut­ants in sufficient quantity to exceed the limitation set forth in a National Cate­gorical Pretreat­ment Standard; or

 (b)  Any substance which may cause the WWTW's effluent or any other products such as resi­dues, sludges, or scums to be unsuit­able for reclamation or reuse.

(3)  No person or user shall discharge a pollutant into the WWTW which may cause the WWTW or its management agency to be in non-compliance with any sludge use or disposal law, or regula­tions, including § 405 of the Clean Water Act, the Solid Waste Dispos­al Act, the Clean Air Act, the Toxic Substances Control Act, or any State criteria applicable to sludge management.

(b) Actions of Director. Whenever the Director determines through an industrial waste survey or otherwise that a user is contributing to the WWTW any of the substances referred to in § 25-33 of this Chapter, or in § 25-60 of this Article in such amounts as to interfere with the operation of the WWTW, or to consti­tute a harmful contribution to the WWTW, the Director shall:

(1)  Advise the user of the impact of the contribu­tion on the WWTW; and

(2)  Develop and apply specific effluent limi­ta­tions and pretreatment requirements for the user to correct the interference with or harm to the WWTW; and/or

(3)  Perform the actions listed in § 25-34 of Article VI as deemed necessary.

(c) Pre-emption by National Categorical Pretreatment Standards. Upon the promulgation of the National Categor­ical Pretreatment Standards for a particular industrial subcategory, the National Standard, if more stringent than limitations imposed under this Article for sources in that subcategory, shall immediately supersede the limitations imposed under this Article. The Director shall notify all affected users of the applicable report­ing requirements under 40 CFR § 403.12. Failure to notify shall not relieve a user from any requirements under the law.

(d) Modification of National Categorical Pretreatment Standards. When the WWTW has achieved consistent removal of pollutants limited by National Pretreatment Standards, the City may apply to the Approval Authority for modifi­ca­tion of or exemption from specific limits in the National Pretreatment Standards.

(e) State requirements. State requirements and limita­tions on discharges shall apply in any case where they are more stringent than Federal requirements and limita­tions or those in this Article.

(f) City's right of revision.   Notwithstanding the provisions of § 25-60(c) of this Article, the City reserves the right to establish by ordinance, resolution, or permit more stringent specific pollutant limitations or pretreatment requirements pursuant to § 25-60(j) for discharges to the WWTW, if deemed necessary to comply with the objectives and intent of § 25-57 of this Article.

(1)  The local limits set and prescribed by the WWTW Pretreatment Coordinator are as follows and shall be administered in accordance with the appli­cable provisions of the CFR. Local limits shall be enforced to the more stringent of the adopted local limits or those required by the CFR.

BOD (Biochemical oxygen demand), mg/l 200

TSS (Total suspended solids), mg/l ... 250 Ammonia (NH3), mg/l................... 40

Cadmium, total, mg/l.................. 0.30

Chromium, total, mg/l................. 5

Copper, total, mg/l................... 5

Cyanide, total, mg/l.................. 1.2

Lead, total, mg/l..................... 0.69

Mercury, total, mg/l.................. 0.08

Nickel, total, mg/l................... 3.98

Silver, total, mg/l................... 0.43

Zinc, total, mg/l..................... 5.0

Phenol, mg/l.......................... 10

Arsenic, mg/l......................... 0.7

Selenium, total, mg/l................. 0.5

TDS (total dissolved solids), mg/l.... 628

PCB's (polychlorinated biphenyls), mg/l 0.002

pH, standard units.................... 5.5 To 9.5

Fats, oils and grease:

 a. Animal and vegetable fats, mg/l 100

 b. Petroleum base oils and grease mg/l 50

Temperature: 40 degrees Celsius = 104 degrees Fahrenheit

Ignitability: pollutants which may create a fire or explosion hazard, including but not limited to, waste streams with a closed cup flashpoint of less than 60 degrees Celsius or 140 degrees Fahrenheit using test methods specified in 40 CFR 261.21.

Ethylene glycol (anti-freeze): small amounts are consid­ered to be five-tenths (0.5) gallons or less. Cleanup spill with absorbent material and flush with large amounts of water. Larger amounts (over five-tenths (0.5) gallons) must be held for a reclaimer.

Benzene, ug/l......................... 50

Btex (aggregate parameter of benzene, ethyl benzene,

toluene and xylene), ug/l............. 750

(g) Excessive discharge. No industrial user shall increase the use of process water or dilute industrial wastewater with tap water, unpolluted water, sanitary sewage, or other liquid dilutants as a partial or complete substitute for adequate pretreatment to achieve compliance with the limitations contained in the National Categorical Pretreatment Standards, or with any other pollutant-specific limitation developed by the City or State.

(h) Accidental discharges. Each significant industrial user shall provide adequate protection against accidental discharge of the prohibited waters or wastes described in § 25-33 of Article VI, or in § 25-60 of Article X, or other substances regulated by this Article. Facilities to prevent accidental discharge of prohibited waters or wastes shall be provided and maintained at the user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection, unless already provided, shall be submitted to the City for review and shall be approved by the Director before construction of the accidental discharge prevention facility. All significant industrial users shall submit such a plan within ninety (90) days after being permitted as a signifi­cant industrial user. No industrial user who commences contribution to the WWTW after the effective date of this ordinance shall be permitted to introduce pollutants into the system until accidental discharge procedures and facilities have been approved by the City. Review and approval of such plans and operating proce­dures shall not relieve the industrial user from any responsibility to pretreat as necessary to meet the industrial pretreatment require­ments of this Article.

(i) Notice of accidental discharge. In the case of an accidental discharge, it is the responsibility of any industrial user to immediately telephone and notify the Director of the incident. The notification shall include the location of discharge, type of waste or wastes, concentration, volume, duration, time of episode, and corrective actions undertaken.

(1)  Within fifteen days following an accidental dis­charge, the industrial user shall submit to the Director a detailed written report de­scribing the cause of the discharge and the measures taken or planned by the industrial user to prevent similar future occurrences. Such notification shall not relieve the indus­trial user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the WWTW, fish kills, or any other damage to person or property; nor shall such notification relieve the industrial user of any fines, civil penalties, or other liability which may be imposed by this Article or other applicable law.

(2)  A sign shall be permanently posted on the industri­al user's bulletin board or other prominent place advising employees whom to call in the event of an accidental discharge. The industrial user shall insure that all employees who may cause such an accidental discharge to occur are advised of the emergen­cy notification procedure.

(j) Specific pollutant limitations. No person shall discharge into the WWTW any wastewater containing pollutants generally prohibited by § 25-33 of Article VI of this Code, pollutants in excess of Specific Pollutant Limitations as established by resolution of the City Council of the City, specific limita­tions contained in any Industrial Discharge Permit, or limitations imposed by National Categorical Pretreatm­ent Standards.

(k) Methodology. All measurements, tests, and analyses of the characteristics of waters and waste to which refer­ence is made in this Article shall be determined in accordance with 40 CFR Part 136.

(l) RIGHT OF ENTRY:

(1) Right of Entry. The Director and/or his authorized representative upon the presentation of creden­tials, may:

  a.  Enter upon premises where an efflu­ent or potential effluent source is locat­ed or in which any records are required to be kept under the terms and conditions of this Chap­ter;

 b.  At reasonable times, have access to and may copy any records required to be kept under the terms and condi­tions of this code or a dis­charge permit and may inspect any monitor­ing or sampling methods being used;

 c.  Enter upon the premises to reasonably investi­gate any actual, suspected, or poten­­tial source of uncommon water pollution, or any violation of this chapter.

(2)  The investigation may include, but is not limited to, the following: sampling of any discharge and/or process waters, the taking of photographs, inter­viewing of any person having any knowledge related to the discharge or alleged violation, and access to any and all facilities or area within the pre­mises that may have any effect on the discharge or alleged violation.

Sec. 25-61. Fees.

(a) Purpose. The purpose of this Section is to provide for the payment to the City Sewer Fund by industrial users of the WWTW for all costs incurred in the implemen­tation and administration of the Industrial Pretreatment program. The applicable charges and fees shall be set forth in a schedule developed by the Director.

(b) Charges and fees. The Director may adopt separate charges and fees that relate solely to the matters covered by this Article, including fees for:

(1)  Industrial Discharge Permit applications;

(2)  Reimbursement of costs of setting up and operating the Industrial Pretreatment Program;

(3)  Measuring, monitoring, inspection and surveil­lance procedures, sampling, testing, and ana­lyzing user wastewater;

(4)  Reviewing and approving accidental discharge proce­dures and facilities;

(5)  Fees as the City may deem necessary to carry out the requirements contained herein; and

(6)  Fees to cover the added cost of handling or treat­ing any wastes not covered by existing or regular monthly sewer service charges.

(c) The charges and fees shall be established so that the permit application fee will cover the administrative costs of processing the permit. All other costs will be reviewed annually and established as part of the regular billing for each industrial user.

Sec. 25-62. Pretreatment Program Administration.

(a) Unlawful discharge. It shall be unlawful to discharge any industrial wastewater or polluted waters into any natural outlet within the City or within any area under the jurisdiction of the City, except where suitable treatment has been provided, and except as authorized by the Director in accordance with the provisions of this Article.

(b) Industrial discharge permits.

(1)  Permit Required. No significant indus­trial user shall discharge wastewater to the public sewers or WWTW without having a valid Indus­trial Discharge Permit issued by the Director. Any dis­charge in violation of pretreatment require­ments contained therein is prohibited.

(2) Issuance. After evaluation of the permit applica­tion, the Director may issue an industrial discharge permit subject to terms and conditions provided herein. In determining whether a permit shall be issued and/or what conditions shall be applied, the Director shall consider all applicable national categorical and local pretreatment standards as well as those factors listed in § 25-33 of Article VI of this Chapter.

(3) Permit application. Users required to obtain an In­dus­tria­l Dis­ch­arge Per­mit shall com­plete and file with the Direc­tor an appli­ca­tion in the form pre­scri­bed by the Director and ac­com­panied by the permit application fee. The user shall submit, in units and terms suitable for evalua­tion, all infor­mation required by the permit applica­tion, and any relevant supple­mental informa­tion requested by the Director. All signifi­cant industrial users connect­ed to or dis­charging to the WWTW and all other persons proposing to connect to the WWTW who are determined to be subject to Industrial Discharge Permit re­quirements shall apply at least thirty (30) days prior to commencing dis­charge. When a user becomes subject to a National Categorical Pretreat­ment Standard and has not previously submitted an application for an Industrial Discharge Permit, the user shall apply for an industrial Discharge Permit within ninety (90) days after the promulga­tion of the applicable National Categorical Pretreat­ment Stan­dard.

Categorical pretreatment standards. Within six (6) months after the promulgation of a National Categorical Pretreatment Standard, the industrial discharge permit of users subject to such standards shall be revised to require compliance by the prescribed compliance date. In addition, any industrial user with an existing industrial discharge permit shall submit to the Director within one hundred and eighty (180) days after the promulgation of an applicable national categorical pretreatment standard a baseline report and any information required by 40 CFR § 403.12 and by § (E)(2) of the industrial discharge permit application.

(5)  Permit Conditions. Industrial Discharge Per­mits and Significant Industrial User Permit­­tees shall be subject to all the provisions of Chapter 25 of the City Code and all other applicable City laws, user charges, and fees. Per­mits shall contain, but shall not be limit­ed to, the following require­ments or condi­tions:

 a.  Unit charge or schedule of industrial user charges and fees for the wastewater to be discharged to the WWTW;

 b.  Notice of the general and specific prohi­bi­tions required under §§ 25-33 and 25-60(j) of this Chapter;

 c.  Prohibitions on discharge of any specific materials;

 d.  Notice of applicable National Categorical Pretreatment Standards;

 e.  Limits equal to or more stringent that the Specific Pollutant Limitations as estab­lished pursuant to § 25-60(j) con­cerning aver­age and maximum wastewater constituents, and on char­acteristics of either the individual industri­al process wastes or combined indus­trial wastewater discharge;

 f.  Limits on average and maximum rate and time of discharge, or requirements for flow regula­tions and equalization;

 g.  Monitoring facilities as described in § 25-62(d);

 h.  Monitoring programs, which may include sam­pling locations, frequency of sampl­ing, num­ber, types and standards for tests, and re­porting schedules;

 i.  Installation, maintenance, and cleaning of any pretreatment technology necessary to achieve compliance with the require­ments of this Chapter, including filtra­tion, chemical treat­-

   ment, grease, oil, and sand traps, and other neces­sary equipment;

 j.  Compliance schedules and any periodic progress or compliance reports required by this Article or by Federal Pretreat­ment Regulations, in­cluding 40 CFR 403-­12;

 k.  Submission of technical reports or dis­charge reports, as provided in § 25-62(c);

 l.  Maintenance and retention of plant re­cords relating to wastewater discharge, as specified by the Director;

 m.  Notification of the Director of any dis­charge of new wastewater constituents, or of any substantial change in the volume or character of the wastewater constitu­ents being intro­duced into the wastewater treatment system;

 n.  Notification of any slug or accidental dis­charge as per § 25-60(i)(l);

 o.  Agreement to pay additional costs of handling or treating any industrial wastewater dis­charges not authorized by this Article or by any permit issued hereunder. Nothing herein shall be interpreted to allow discharges which include harmful contributions to the WWTW, inter­fere with the WWTP facilities, equip­ment, or receiving waters, or which may otherwise create a hazard to life or which may consti­tute a pub­lic nuisance;

 p.  Agreement by the industrial user: to allow reasonable access by the Director to ensure compliance with permit condi­tions; to agree to perform all permit conditions; to submit to the remedy of specific performance for breach of contract; and to pay liquidated damages for violation of pretreatment standards and re­quirements where damages are not readily ascertainable; and

 q.  Other appropriate conditions, in the judgement of the Director, necessary to ensure compli­ance with this Article.

 (6)  Permit Duration. Industrial Discharge Permits are valid only for a specified time period, not to exceed five (5) years from the date of issuance. Each significant industrial user shall apply for permit renewal at least ninety (90) days prior to the expira­tion date of the existing permit.

 (7)  Permit Modifications. The terms and conditions of any permit may be subject to modification by the Director during the term of the permit as limitations or require­ments as identified in § 25-60 and 25-62 are modified, or as other just cause exists. The user shall be notified of any proposed changes in his permit as least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

 (8)  Permit Transfer. Industrial Discharge Permits are issued to a specific user for a specific operation. An Industrial Discharge Permit is not transferrable, and is voidable if reas­signed, transferred, or sold to a new owner, new user, different premises, or a new or change operation without written approval by the Director.

(c) Reporting requirements.

(1)  Compliance Date Report. Within ninety (90) days follow­ing the date for final compliance with appli­cable Pretreatment Standards or require­ments, or in the case of a new source, follow­ing commencement of the introduction of waste­water into WWTW, any industri­al user subject to Federal, State, or City pretreat­ment stan­dards and requirements shall submit to the Director a report indicating the nature and concen­tration of all pollutants in the dis­charge from the regulated process which are limited by such stan­dards and requirements. The report shall also indicate the average and maximum daily flow or predicted flow for the process units in the user facility subject to the Federal, State or City standards and requirements, whether these standards are being met on a consistent basis and, if not, what additional operations, maintenance, or pre­treatment is or will be 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, and shall be certified by a quali­fied professional engineer or a person with ade­quate wastewater discharge experience.

(2)  Mass Limits. The Director may impose mass limita­tions in addition to concentration limitations on users which are using dilution to meet applicable Pretreatment Standards or Requirements, or upon other users when deemed necessary. In such cases, the reports required by §§ 25-62(b)(5)(l) and 25-62(c)(1) shall also indicate the mass of pollut­ants regulated by Pretreatment Standards in the effluent of the user. These reports shall contain the re­sults of sampling and analysis of the dis­charge, including the flow, nature, concentration, produc­tion, and mass of pollut­ants which are limit­ed by the applicable Pretreatment Standards. The frequen­cy of monitoring shall be prescribed in the Indus­trial Discharge Permit.

(3)  Reporting viola­tions. Reporting violations include failure to submit self moni­tor­ing reports, total toxic organics compliance certifica­tions or compli­ance schedule progress reports within thirty (30) days of deadlines and or failure to complete mile­stones within ninety (90) days of deadline.

(d) Monitoring facilities.

(1)  Each significant industrial user shall pro­vide, calibrate, and operate at its expense sufficient monitoring facilities to allow inspection, sam­pling, and flow measurement of the building sewer and internal drainage systems. The monitoring facilities, including control manholes and continu­ous flow record­ers, shall normally be situated on the user's premises. If such a location would be imprac­tical or cause undue hardship on the indus­trial user, the Director may allow the facili­ty to be constructed in a public right-of-way if the facility will not be obstructed by landscaping or parked vehicles.

(2)  A sampling manhole or facility shall have suffi­cient room for accurate sampling and preparation of samples for analysis. The facility shall be main­tained at all times in a safe and proper operating condition at the expense of the industrial user.

(3)  Whether constructed on public or private property, any sampling and monitoring facili­ties shall be built in accordance with City requirements and all applicable local con­struction standards and speci­fica­tions. Construction shall be completed within ninety (90) days following receipt of a written order by the Director to install the facil­ity.

(e) Inspection and sampling. The Director may inspect the facilities of any user to determine whether the purpose of this Article and all applicable require­ments are being complied with. Owners, employees or occupants of premises where wastewater is dis­charged shall allow the Director and other City representatives or agents ready access at all reasonable times to all parts of the premises where wastewater is created or discharged, including industrial process areas, for the purposes of inspection, sampling, records examination, or performance evaluation. The Director may set up on the user's property such devices as are necessary to conduct sampling inspection, compli­ance monitor­ing and/or metering operations. Where a user has security measures in force which require proper identifi­cation and clearance before entry into user's premises, the user shall make necessary arrangements with the security guards so that upon presentation of suitable identification, personnel authorized by the City or from the State or EPA will be permitted to enter without delay for the purpose of performing their specific responsibil­ities under this Article.

(f) Pretreatment.

(1)  Industrial users shall provide whatever waste­water pretreatment is required, in the opinion of the Director, to comply with this Article and shall comply with all National Categorical Pretreatment Standards within the time limita­tions as specified by the Federal Pretreatment Regulations and this Ordinance. Any facilities required to pretreat wastewater to a level of quality acceptable to the City shall be pro­vided, operated, and maintained at the user's expense. Detailed plans showing the pretreat­ment facilities and operating procedures shall be submitted to the Director for review, and must be approved by the Director before con­struc­tion of the facilities. The review or approval of such plans and operating proce­dures shall in no way relieve a user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the City under the provisions of this Chapter. Any subsequent change in the pretreatment facilities or method of operation shall be reported to and approved by the Director prior to such change.

(2)  The Director shall annually publish, in a newspaper of general circulation within the City, a list of any industrial users determined to be in signifi­cant non-com­pliance (SNC) with this Article. The notifica­tion shall summarize the types of viola­tions and any enforce­ment action taken against the signifi­cant viola­tors.

(3)  All records relating to compliance with pre­treat­ment standards or requirements shall be made avail­able to officials of the EPA or the Colorado De­partment of Health upon request to the Director.

(g) Confidential information

(1)  Information and data regarding a user obtained from reports, questionnaires, permit applica­tions, permits and monitoring programs and from inspec­tions shall be available to the public or govern­mental agencies without re­striction, unless the user specifically re­quests and is able to demon­strate to the satis­faction of the Director that the release of such information would divulge informa­tion entitled to protection as a trade secret of the user. In such case, restricted information shall not be made available to the public, but shall nevertheless be made available to other governmental agencies for limited purposes related to water pollution control, including judicial review or enforcement of the provi­sions of this Article.

(2)  Wastewater constituents and characteristics will not be recognized as confidential infor­mation.

(3)  Information accepted by the Director as confi­den­tial shall be handled in compliance with applicable State law.

Sec. 25-63. Enforcement.

The Persigo WWTW shall develop and implement an enforce­ment response plan. The plan shall be reviewed as required by and for conformance with Federal law and shall at a minimum contain detailed procedures indicating how the Persigo WWTW will investigate and respond to instances of industrial noncompliance. The plan shall describe how the WWTW will investigate instances of noncompliance; describe the types of escalating enforce­ment the WWTW will take in response to all anticipated user violations and the time periods within which such responses will occur. The Plan shall identify, by title, the official(s) responsible for various responses and reflect the Persigo WWTW primary responsi­bility to enforce all applicable pre­treatment require­ments and standards as established herein or by other applicable standards.

(a) Harmful contributions or interference with the WWTW.

(1)  The Director may cancel a user's permission to discharge wastewater into the WWTW, may reject such wastewater, may cease wastewater treat­ment service, and/or may suspend a user's Industrial Discharge Permit when such suspen­sion is necessary, in the opinion of the Director, in order to stop or pre­clude a harm­ful contribution to the WWTW, or a discharge which interferes with or has a deleteri­ous effect upon the WWTW.

(2)  Any user notified of a suspension or cancella­tion of wastewater treatment service and/or the Indus­trial Discharge Permit shall immedi­ately stop or eliminate the contribution or discharge. In the event of a failure by such person to comply volun­tarily with the suspen­sion order, the Director shall take such steps as deemed necessary, includ­ing immediate severance of the sewer connection, to prevent or minimize damage to the WWTW system, danger to individuals, or harm to the receiving water. The Director may reinstate the Indus­tri­al Discharge Permit and/or the wastewater treatment service only upon proof of compli­ance with the order, including payment of any fees or penalties. A detailed written state­ment submitted by the user describing the causes of the harmful contribution, and the measures actually taken to prevent any future occur­rence, shall be submitted to the City within five (5) business days from the date of occur­rence.

(b) Revocation of permit. Any significant industrial user who violates the following conditions of this Article, any provision of this Chapter, or applicable State and Federal laws or regula­tions, is subject to permit revocation in accordance with the procedures of § 25-63 of this Article:

(1)  Failure to factually report wastewater con­stituents and characteristics;

(2)  Failure to report significant changes in opera­tions, or wastewater constituents and characteris­tics;

(3)  Refusal or physical obstruction of reasonable access to the user's premises for the purposes of inspection, monitoring, review of records concern­ing wastewater, or any purpose listed under § 25-62(e); or

(4)  Violation of conditions of the Industrial Discharge Permit.

(c) Notification of violation. Whenever the City finds that any user has violated or is violating this Article, an Industrial Discharge Permit, or any prohibition, limitation, condition or requirements contained therein, the Director shall serve upon such person a written notice stating the nature of the violation. Violation of any permit condition shall be considered to be a viola­tion of this Article. Unless required earlier by another provision of this Article, within thirty (30) days after the date of said notice the user shall submit to the Director evidence of the satisfactory correction of the violation, or a plan to correct the same.

(d) Appeal of order of Director.

(1)  Any person entitled to appeal an order of the Director pertaining to industrial wastewater dis­charge may do so by filing an appeal with the Director within ten (10) days from the date of the Director's determination or order. The appeal shall contain the following items:

 a.  A heading in the words "Before the Utili­ty Hearing Board of the City of Grand Junction, Colorado" or "Before the Utili­ty Hearing Officer of the City of Grand Junction, Colora­do";

 b.  A caption reading "Appeal of ," giving the names of all participating appel­lants;

 c.  A statement of the legal interest of the appellants in the affected facility, together with the name of the authorized representative thereof;

 d.  A concise statement of the action pro­tested, together with any material facts;

 e.  Verified signatures of all appellants, togeth­er with official mailing addresses and phone numbers; and

 f.  Verification by declaration under perjury of at least one appellant as to the truth of the matters stated in the ap­peal.

(2)  Upon receipt of a properly filed appeal the Direc­tor shall notify the City Manager, who shall con­vene the Utility Hearing Board or appoint a Hearing Officer. The hearing shall commence no sooner than ten (10) days, but no later than sixty (60) days, after the appeal is filed.

(e) Show cause hearing.

(1)  The Director is authorized to order any indus­trial user who causes, makes, or allows an unauthorized direct or indirect discharge or a harmful contribu­tion to the WWTW to show cause why appropriate enforcement action should not be taken. In such case, a notice shall be served on the respondent user specifying the time and place of a hearing regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause why the pro­posed enforcement action should not be taken.

(2)  The notice of the hearing shall be served upon the user personally or by certified mail, return re­ceipt requested, at least ten (10) days before the hearing. Service may be made on any agent or autho­rized representative of a corpo­ration or partner­ship.

(f) Procedure for appeal or show cause hearing.

(1)  The City Manager may appoint a Hearing Officer or may instead convene a Utility Hearing Board to conduct the hearing or appeal. The Board shall consist of a City Council member or designee, the City Manager, a County Commis­sioner or designee, an employee of the Depart­ment of Public Works or Utilities, and a connector district representative if the appellant or respondent industrial user is located within the jurisdiction of that dis­trict.

(2)  The Hearing Officer or Utility Hearing Board shall have the power to:

 a.  Issue in the name of the City Council notices of hearings requiring the atten­dance and testimony of witnesses and the production of evidence.

 b.  Hold a quasi-judicatory hearing, and receive relevant evidence relating to compliance with the requirements set forth in Articles I through X of Chapter 25 of the City Code. Hearings shall be conducted informally. Rules of civil procedure and evidence shall not solely determine the conduct of the hearing or the admissibility of evidence. All testimony shall be given under oath, and a tape record­ing or other evidence of the verbatim content of the hearing shall be made. The burden of per­suasion in either an appeal or show cause hearing shall be upon the appel­lant or respon­dent. The standard of proof to be uti­lized by the Officer or Board in mak­ing its findings or recom­mendations shall be a prepon­­der­ance of the evidence.

 c.  Determine and find whether just cause exists for not taking the proposed en­forcement­ ac­tions, or whether the order or ac­tion appealed is unwar­rant­ed.

 d.  Transmit a report of the evidence and hearing, including transcripts, tapes, and copies of other evidence if requested by any party, together with findings and recommendations to all parties to the hearing and to the City Council.

(g) Effect of hearing.

(1)  Findings and recommendations of the Hearing Board or Officer shall be final and binding upon the Director and parties to the hearing, provided, however, that if the City Council disapproves the recommendations of the Hearing Board or Officer within thirty (30) days thereof, the Council may conduct its own hearing, make its own findings, and issue its own orders.

(2)  An order consistent with findings and recom­menda­tions of the Hearing Board or Officer, or the City Council, as the case may be, shall be issued by the Director. The order may direct that sewer service to the user responsible for the violation be dis­continued unless and until adequate treatment facilities or related devices have been installed and approved within a specified period of time. The order may provide for imposition of appropriate penalty charges, and for administrative fines designed to reimburse the City for the costs of the permit enforcement action. Further orders and directives, as are necessary and appro­priate to enforce Industrial Waster Permits and provisions of this Chapter may be issued by the Director.

Sec. 25-64. Actions for Violation.

(a) Penalties. The City shall have the authority to seek and assess civil or criminal penalties up to one thousand dollars ($1,000) a day for each violation for noncompli­ance by industrial wastewater dischargers who fail to comply with provisions of an industrial pretreat­ment permit, program condition or pretreatment standard and or requirements issued thereun­der.

(b) Remedies. If any person violates any Order of the Director, a Hearing Board or Officer,or the Council, or otherwise fails to comply with any provisions of this Chapter, Article or the orders, rules, regulations and permits issued hereunder, or discharges sewage, industri­al wastes, or other wastes, into the WWTW or into State waters contrary to the provisions of this Article, Federal or State pretreatment requirements, or contrary to any order of the City, the City may commence an action in a Court of Record for appropriate legal and equitable relief. In such action, the City may recover from the defendant reasonable attorney fees, court costs, deposi­tion and discovery costs, expert witness fees, and other expenses of investigation, enforcement action, adminis­trative hearings, and litigation, if the City prevails in the action or settles at the request of the defendant. Any person who violates any of the provisions of this Article shall become liable to the City for any expense, loss, or damage to the City or to the WWTW occasioned by such violation. In addition, upon proof of willful or inten­tional meter bypassing, meter tampering, or unautho­rized metering, the City shall be entitled to recover as damages three (3) times the amount of actual damages.

(c) Misdemeanor. Any person who violates or fails to comply with any provision of this Article or with any orders, rules, regulations, permits and permit condi­tions issued hereunder shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or imprison­ment not to exceed one (1) year or both. Each day in which any such violation occurs or persists shall be deemed a separate and distinct offense.

(d) Penalty for false statement and tampering. Any person who knowingly makes, authorizes, solicits, aids, or attempts to make any false statement, representation or certification in any hearing, or in any permit applica­tion, record, report, plan, or other document filed or required to be maintained pursuant to this Article, or who falsifies, tampers with, bypasses, or knowingly renders inaccurate any monitoring device, testing method, or testing samples required under this Article, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment not to exceed one (1) year or both.

(e) Remedies cumulative. The remedies provided for in this Article, including recovery of costs, administrative fines and treble damages, shall be cumulative and in addition to any other penalties, sanctions, fines and remedies that may be imposed. Each day in which any such

violation occurs, whether civil and/or criminal, shall be deemed a separate and distinct offense.

(f) Penalties. After November 16, 1990, under 40 CFR 403(a)(vi)(A), the city shall have the authority to seek or assess civil or criminal penalties in at least the amount of one thousand dollars ($1,000.00) a day for each violation as injunctive relief for noncompliance by industrial pretreatment permit, program condition or pretreatment standard and/or requirements issued thereun­der.

Sec. 25-65. Pretreatment Authority Outside of the City.

In order to achieve and maintain compliance with the Clean Water Act, Federal Pretreatment Requirements, State regulations, sewage grant conditions, and WWTP discharge permit requirements, the City of Grand Junction, as manager/operator of the Persigo Wastewater Treatment Plant, must possess and demonstrate a clear legal right to require compliance with pretreatment requirements by any industrial user of the WWTW located outside of the City's territorial jurisdiction. To that end all govern­mental sewage connectors, including sanitation districts and Mesa County, have been requested to adopt, and have adopted, by resolu­tion a regulatory pretreatment program either a) parallel to Ordinance, No. 2169, or b) incorpo­rating the provi­sions of Ordinance No. 2169 and requiring industrial users to comply with the City pretreatment program.

The connector districts and Mesa County shall also be requested to approve necessary revisions to existing

sewer service agreements or joint agreements granting the City the right to administer and physically enforce the connector's pretreatment program on behalf of and as agent for the connector district or County. Such supple­mental or indirect regulatory authority accorded to the City shall only be used where direct contractual rela­tionships with industrial users through the Industrial Discharge Permit Program prove insufficient to ensure compliance with the pretreatment program.

Secs. 25-66-25-69. Reserved.

File: PTCode-3