HomeMy WebLinkAboutChapter 24 - Wastewater Systems City of Oshkosh Municipal Code
Revised 1/11/22
CHAPTER 24
WASTEWATER SYSTEMS
WASTEWATER SERVICE REGULATIONS
24-1 CREATION
24-2 MANAGEMENT OF WASTEWATER UTILITIES
24-3 PUBLIC CONSTRUCTION AND SERVICES/METHODS OF PAYMENT/SPECIAL
CHARGES/SPECIAL ASSESSMENTS STORM WATER CONNECTIONS WITH SANITARY
SEWERS PROHIBITED
24-4 REMOVAL REQUIRED OF EXISTING STORM WATER CONNECTION WITH SANITARY
SEWERS
24-5 DEFINITIONS
24-6.1 REGULATION OF THE WASTEWATER SYSTEM
24-6.2 SLUG DISCHARGE PLAN
24-6.3 CONTROL OF INDUSTRIAL WASTEWATER DISCHARGES
24-6.301 SEPTAGE DISPOSAL
24-6.4 INDUSTRIAL WASTEWATER DISCHARGE PROGRAM CHARGES
24-6.5 WASTEWATER SERVICE CHARGES
24-6.6 RIGHT OF ENTRY, SAFETY, AND INDENTIFICATION
24-6.7 VIOLATIONS AND PENALTIES
24-6.8 VALIDITY
24-6.9 ANNUAL AUDIT
24-7.0 POLLUTANT MINIMIZATION PROGRAM
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WASTEWATER SERVICE REGULATIONS
SECTION 24-1 CREATION
There is hereby established a Wastewater Utility in the City of Oshkosh. The operation of the Wastewater
Utility shall be under the supervision of the Director of Public Works.
SECTION 24-2 MANAGEMENT OF WASTEWATER UTILITY
(A) Policy Matter
All matters of policy concerning the operation, maintenance, functioning, expansion and
general control of the Wastewater Utility shall be determined by the Common Council.
(B) Administrative Matters
All matters of an administrative or executive nature concerning the operation, maintenance
and functioning of the Wastewater Utility shall be within the jurisdiction of the Department of
Public Works, subject to the control and management of the City Manager.
SECTION 24-3 PUBLIC CONSTRUCTION AND SERVICES/METHODS OF PAYMENT/
SPECIAL CHARGES/SPECIAL ASSESSMENTS
The city, acting through the Wastewater Utility, may without limitation due to enumeration, acquire,
construct, lease, own, operate, maintain, extend, expand, replace, clean, repair, conduct, manage and
finance such facilities, operations and activities, as are deemed by the city to be proper and reasonably
necessary for a wastewater management system and the public health, safety and welfare. These facilities
may include, without limitation due to enumeration, surface and underground facilities, sewers and such
other facilities as will support the wastewater management system.
The Board of Public Works shall supervise actual construction work, shall report on same to the
Common Council and shall follow its instruction.
The cost of installing, constructing or maintaining any public work or improvement or providing any
current service may be charged in whole or in part to properties benefitting from the installation,
construction or maintenance of the public improvements or current service as provided within Chapter
21 of this Municipal Code.
SECTION 24-4 STORM WATER CONNECTION WITH SANITARY SEWERS PROHIBITED
No person shall connect any eaves trough, rain water leader, downspouts, cisterns, overflows,
surface drains, unpolluted water from air conditioning systems, industrial cooling operations, swimming
pools,or the like, in any manner so as to discharge into any public Sanitary Sewer which empties into the
Wastewater System.
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SECTION 24-5 REMOVAL REQUIRED OF EXISTING STORM WATER CONNECTION
WITH SANITARY SEWERS
Any Person, or any other owner having ownership or title to any building or structure or area in the
City, including residences, where on any eaves trough, water leader, downspout, cisterns, overflows,
surface drains, unpolluted water from air conditioning systems, industrial cooling operations, swimming
pools,or any other similar connection is presently attached, which directly or indirectly discharges into
a public sanitary sewer shall remove such connection.
SECTION 24-6 DEFINITIONS
Unless the context of this Ordinance specifically indicates otherwise, the meaning of terms used herein
shall be as follows:
(A) ACT - Federal Water Pollution Control Act, also known as the Clean Water Act of 1977, as
amended.
(B) AMMONIA NITROGEN (NH3-N) - One of the oxidation states of Nitrogen in which
nitrogen is combined with Hydrogen in molecular form as NH3 or in ionized form as NH4.
Quantitative determination of Ammonia Nitrogen shall be made in accordance with
procedures set forth in"Standard Methods".
(C) APPROVING AUTHORITY - Wisconsin Department of Natural Resources, Industrial
Pretreatment Control.
(D) AUTHORIZED OR DULY AUTHORIZED REPRESENTATIVE OF AN INDUSTRIAL USER
1. If the User is a corporation:
(a) The president, secretary, treasurer, or a vice-president of the corporation in charge
of a principal business function, or any other person who performs similar policy
or decision-making functions for the corporation;or
(b) The manager of one or more manufacturing, production, or operating facilities,
provided the manager is authorized to make management decisions that govern
the operation of the regulated facility including, but not limited to, having the
explicit or implicit duty to make major capital investment recommendations, and
initiate and direct other comprehensive measures to assure long-term
environmental compliance with environmental laws and regulations; can ensure
that the necessary systems are established or actions taken to gather complete and
accurate information for individual wastewater discharge permit requirements;
and/or authority to sign documents has been assigned or delegated to the manager
in accordance with corporate procedures.
2. If the User is a partnership or sole proprietorship: a general partner or proprietor,
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respectively.
3. If the User is a Federal, State, or local government facility: a director or highest official
appointed or designated to oversee the operation and performance of the government
facility, or their designee.
4. The individuals described in paragraphs 1 through 3, above, may designate a Duly
Authorized Representative if the authorization is in writing, the authorization specifies
the individual or position responsible for the overall operation of the facility from which
the discharge originates or having overall responsibility for environmental matters for the
facility, and the written authorization is submitted to the Control Authority.
(E) B.O.D. or BIOCHEMICAL OXYGEN DEMAND - The quantity of oxygen expressed in
milligrams per liter, utilized in the biochemical oxidation or organic matter under standard
laboratory procedure for five (5) days at 20 degrees Centigrade.
(F) BMPs or BEST MANAGEMENT PRACTICES - The schedules of activities, prohibitions of
practices, maintenance procedures, and other management practices to implement the
prohibitions listed in Section 24-6.1 (c), and 40 CFR 403.5 (a)(1) and (b). BMPs include treatment
requirements, operating procedures, and practices to control plant site runoff, spillage or leaks,
sludge or waste disposal, or drainage from raw materials storage.
(G) BUILDING DRAIN - The lowest horizontal piping of a drainage system which receives the
discharges inside any building and conveys same to the building sewer by gravity flow.
(H) BUILDING SEWER - That part of the plumbing system beginning at the immediate outside
foundation or proposed foundation wall to its connection with the main of a public sewer,
private sewer, private sewage disposal system or other point of disposal.
(I) CATEGORICAL INDUSTRIAL USER (CIU) - An industrial User subject to a Categorical
Pretreatment Standard or categorical standard.
(J) CATEGORICAL PRETREATMENT STANDARD - National pretreatment standards specifying
quantities or concentrations of pollutants or pollutant properties which may be discharged to a
POTW by existing or new industrial Users in specific industrial subcategories as established
under the appropriate subpart of 40 CFR chapter I, subchapter N.
(K) CATEGORY A-Those wastewater system Users who discharge wastewater with concentration
of BOD5, suspended solids, phosphorus and ammonia nitrogen equal to or less than 250, 250, 10
and 25 milligrams per liter (mg/1), respectively.
(L) CATEGORY B-Those wastewater system Users who discharge wastewater with concentrations
of BOD5, suspended solids, phosphorus and ammonia nitrogen greater than 250, 250, 10 and
25 milligrams per liter (mg/I), respectively.
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(M) CHLORINE REQUIREMENTS -The amount of chlorine, in milligrams per liter, which must be
added to sewage to produce a specified residual chlorine content in accordance with
procedures set forth in "Standard Methods".
(N) CITY- The City of Oshkosh, Winnebago County, Wisconsin.
(0) COMBINED SEWER -A sewer intended to receive both wastewater and storm or surface
water.
(P) CONTROL AUTHORITY or AUTHORITY - The City Manager of the City of Oshkosh; or a
duly authorized designee.
(Q) DISCHARGER - Any Person or Industrial User discharging water or wastes to the City of
Oshkosh Wastewater System.
(R) EASEMENT -An acquired legal right of the specific use of land owned by others.
(S) 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.
(T) FLOATABLE OIL - Oil, fat, or grease in physical state such that it will separate by
gravity from wastewater by treatment in an approved pretreatment facility. A wastewater
shall be considered free of floatable oil if it is properly pretreated and the wastewater does
not interfere with the collection system.
(U) FOOD SERVICE ESTABLISHMENT (FSE) - Those establishments primarily engaged in
activities of preparing, serving, or otherwise making available for retail or wholesale
consumption foodstuffs, and that use one of the following preparation activities: cooking by
frying, baking, grilling, sauteing, rotisserie cooking, broiling, blanching, roasting, or poaching.
Also included are infrared heating, searing, barbecuing, and other food preparation activity that
produces a hot, non-drinkable food product in or on a receptacle that requires washing. The
facilities include but are not limited to restaurants, bakeries, cafeterias, hotels, motels, hospitals,
nursing homes, grocery stores, churches, caterers, convenience stores, movie theaters, and/or
other Users as determined by the Control Authority.
(V) GARBAGE - Any solid wastes or residue from the preparation, cooking, or dispensing of
food, or from the handling, storage or sale of food products or produce.
(W) GREASE AND OIL -A group of substances including hydrocarbons, fatty acids, soaps, fats,
waxes, oils, or any other material that is extracted by a solvent from an acidified sample
and that is not volatilized during the laboratory test procedures. Greases and oils are
defined by the method of their determination in accordance with "Standard Methods".
(X) GREASE AND OIL OF ANIMAL AND VEGETABLE ORIGIN - Material composed of
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primarily fats, oils, and grease (FOG) from animal or vegetable sources. These substances
are less readily biodegradable in nature such as those which are discharged by
meatpacking, vegetable oil, and fat industries, food processors, canneries, and Food Service
Establishments (FSE).
(Y) GREASE AND OIL MINERAL ORIGIN-Substances that are less readily biodegradable than
grease and oil of animal or vegetable origin; and are derived from a petroleum source.
Such substances include machinery lubricating oils, gasoline station wastes, petroleum
refinery wastes, storage depot wastes.
(Z) INDIRECT DISCHARGE - Introduction of pollutants into the wastewater system from
any non-domestic source regulated under Section 307(b) or (c) of the Act.
(AA) INDUSTRIAL USER - A potential source of indirect discharge. Any industrial or
commercial establishment, manufacturing facility, or processing facility that discharges
non-domestic wastes to the wastewater system.
(BB) INDUSTRIAL WASTEWATER - Shall mean the wastewater from an industrial process,
trade, or business, as distinct from sanitary sewage.
(CC) INTERFERENCE - An inhibition or disruption of the wastewater system, its treatment
process or operations, or its sludge processes, use or disposal which is a cause of or
significantly contributes to either a violation of any requirement of the City of Oshkosh's
WP DES permit (including an increase in the magnitude or duration of a violation) or to the
prevention of sewage sludge use or disposal by the City of Oshkosh.
(DD) INSTANTANEOUS LIMIT - The maximum concentration of a pollutant allowed to be
discharged at any time, determined from the analysis of any discrete or composited sample
collected,independent of the industrial flow rate and the duration of the sampling event.
(EE) NATIONAL/FEDERAL PRETREATMENT STANDARD or PRETREATMENT
STANDARD-Any EPA regulation containing pollutant discharge limits,
promulgated in accordance with the Act. This includes categories and prohibitions.
(FF) NATURAL OUTLET - Any outlet, including Storm Sewers and combined overflows,
into a Watercourse, pond, ditch, lake, or other body of surface water or groundwater.
(GG) NEW SOURCE - Any building, structure, facility or installation from which there is, or
may be, a discharge of pollutants regulated under this chapter, constructed after the
publication of proposed Pretreatment Standards under Section 307(c) of the Act provided
that (I) the building, structure, facility, or installation is on a site at which no other source
is located; or (ii) the process or production equipment that causes the discharge of
pollutants at an existing source is totally replaced; or (iii) construction of a building,
structure, facility or installation where the production, or wastewater generating processes
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are substantially independent of an existing source at the same site.
(HH) PARTS PER MILLION (ppm) - A weight to weight ratio; the parts per million value
multiplied by the factor 8.345 shall be equivalent to pounds per million gallons (MG) of
water.
(II) PASS THROUGH - A discharge, which alone or in conjunction with a discharge or
discharges from other sources, exits the POTW and is a cause of a violation of any
requirement of the POTW's WPDES permit (including an increase in the magnitude or
duration of a violation.)
(JJ) PERSON - Any and all persons, including any individual, firm, company, municipal or
private corporation, partnership association, society, institution, enterprise, governmental
agency or other legal entity or their authorized representatives, agents or assigns.
(KK) pH - The negative of the logarithm (to the base 10) of the Hydrogen ion concentration of a
solution expressed in gram atoms per liter of solution. Neutral water for example, has a
pH value of 7 and Hydrogen ion concentration of 10-7.
(LL) POTW - PUBLICLY OWNED TREATMENT WORKS - A treatment works, as defined in
the Act, which is owned by the City. This definition includes any sewers that convey
wastewaters to the City's Wastewater System from Persons outside the city who are, by
contract or agreement with the City, Users of the City's Wastewater System.
(MM) PRETREATMENT - The reduction of the amount of pollutants, the elimination of
pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or
in lieu of discharge in or otherwise introducing such pollutants into a Wastewater System.
(NN) PUBLIC SEWER - Any Sewer provided by or subject to the jurisdiction of the City of
Oshkosh. It shall also include Sewers within or outside the City boundaries that serve one
or more Persons and ultimately discharge into the City Sanitary or Combined Sewer System,
even though those Sewers may not have been constructed with City funds.
(00) SANITARY SEWAGE-DOMESTIC WASTE-The type of waste normally discharged
from plumbing facilities in private dwellings including, but not limited to, sanitary,
bath, laundry, dishwashing, garbage disposal and cleaning wastes.
(PP) SANITARY SEWER - A Sewer that carries liquid and water-carried wastes from resident
and commercial buildings, industrial plants, and institutions, together with minor
quantities of ground, storm and surface waters that are not admitted intentionally into the
Sanitary Sewer system.
(QQ) SANITARY WASTE HAULER or HAULER- a Person, whether representing himself or
another individual, a company, business or corporation engaged in the transportation of
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Septage from a point of origin to a point of disposal.
(RR) SEPTAGE -scum, liquid, sludge, or other waste from a septic tank, absorption field holding tank,
vault toilet, or privy. It does not include the waste from a grease trap unless mixed with other
Septage.
(SS) SEWAGE - The spent water of a community. The preferred term is "Wastewater".
(TT) SEWER - A pipe or conduit that carries Wastewater or drainage water.
(UU) "SHALL" is mandatory; "MAY" is permissible.
(VV) SIGNIFICANT INDUSTRIAL USER OR SIGNIFICANT USER (SIU) - Any Industrial
User of the City's Wastewater disposal system who:
1. discharges an average of 25,000 gallons per day or more of process Wastewater to
the POTW (excluding sanitary, noncontact cooling and boiler blow down
wastewater);
2. contributes a process waste stream which makes up five (5) percent or more of the
average dry weather hydraulic or organic capacity of the POTW treatment plant;
3. has a reasonable potential for adversely affecting the POTW's operation or for
violating any pretreatment standard or requirement (in accordance with 40 CFR
403.8[f][6]);
4. has a significant impact, either singly or in combination with other contributing
industries, in the wastewater treatment system, the quality of sludge, the system's
effluent quality, or air emissions generated by the system;
5. is an Industrial User subject to Categorical Pretreatment Standards under 40 CFR
403.6 and 40 CFR Chapter I, Subchapter N, or which discharges toxic pollutants in
amounts potentially, or actually exceeding limits set forth in this Chapter;
6. Any other Industrial User designated as a Significant Industrial User by the Control
Authority.
The Control Authority may determine that an Industrial User subject to Categorical Pretreatment
Standards is a Non-Significant Categorical Industrial User rather than a Significant Industrial
User on a finding that the Industrial User never discharges more than 100 gallons per day (gpd)
of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blow down
Wastewater, unless specifically included in the Pretreatment Standard) and the following
conditions are met:
(a) The Industrial User, prior to the Control Authority's finding, has consistently
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complied with all applicable Categorical Pretreatment Standards and
requirements;
(b) The Industrial User annually submits the certification statement required in
Section 24-6.3(L)(2), together with any additional information necessary to support
the certification statement; and
(c) The Industrial User never discharges any untreated concentrated wastewater.
Upon a finding that a User meeting the criteria in parts (1), (2), and (3) of this definition of a
Significant Industrial User has no reasonable potential for adversely affecting the POTW's
operation or for violating any Pretreatment Standard or Requirement, the Control Authority may
at any time, on its own initiative or in response to a petition received from an Industrial User, and
in accordance with procedures in 40 CFR 403.8(f)(6), determine that such Industrial User should
not be considered a Significant Industrial User.
(WW) SLUDGE -Any solid, semi-solid or liquid waste generated from a municipal, commercial, or
Industrial Wastewater Treatment Plant, water supply treatment plant, or air pollution
control facility or any other waste having similar characteristics and effects as defined in
standards issued under Section 402, 405 of the Federal Act and in the applicable
requirements under Sections 3001, 3004 and 4004 of the Solid Waste Disposal act PL 94-580.
(XX) SLUG LOADING - A discharge of a non-routine, episodic nature, including but not
limited to an accidental spill or non-customary batch discharge.
(YY) STANDARD METHODS - The examination and analytical procedures set forth in 40 C. F.
R. part 136.
(ZZ) STORM DRAIN or STORM SEWER - A drain or sewer for conveying storm water,
groundwater, subsurface water, or unpolluted water from any source.
(aa) STORM WATER RUNOFF -That portion of the rainfall that is drained into the sewers.
(bb) SUSPENDED SOLIDS - Solids that either float on the surface of, or are in suspension in,
water, Wastewater, or other liquids, and that are removable by laboratory filtering as
prescribed in40 C.F.R. Part 136,and are referred to as non-filterable residue.
(cc) TOXIC POLLUTANT - Those substances referred to in Section 307(a) of the Act as well as
any other known potential substances capable of producing toxic effects.
(dd) UNPOLLUTED WATER - Water of quality equal to or better than the effluent criteria in
effect or water that would not cause violation of receiving water quality standards and
would not be benefited by discharge to the sanitary sewers and Wastewater treatment
facilities provided.
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(ee) USER - Any Person that discharges, causes, or permits the discharge of wastewater into the
wastewater system.
(ff) WASTEWATER - A combination of the liquid and water-carried wastes from residences,
commercial buildings, industrial plants, and institutions, together with any groundwater,
surface water, and storm water that may be incidentally present.
(gg) WASTEWATER CONSTITUENTS AND CHARACTERISTICS -The individual chemical
physical, bacteriological, and radiological parameters, including volume, flow rate, and such
other parameters that serve to define, classify, or measure the contents, quality, and strength of
Wastewater.
(hh) WASTEWATER SYSTEM - Shall mean the structures, equipment, and processes required to
collect, carry away, and treat domestic and industrial wastes and dispose of the effluent.
(ii) WATERCOURSE - A natural or artificial channel for the passage of water either continuously
or intermittently.
(jj) WPDES - Wisconsin Pollutant Discharge Elimination System.
SECTION 24-6.1 REGULATION OF THE WASTEWATER SYSTEM
(A) Sanitary Sewers
No Person(s) shall discharge or cause to be discharged, any Unpolluted waters such as storm
water, groundwater, roof runoff, subsurface drainage, or cooling water to any sanitary sewer.
Storm Water Runoff from limited areas, which may be polluted at times, may be discharged to
the Sanitary Sewer by permission of the Control Authority.
(B) Storm Sewers
Storm Water other than that exempted under Section 24-6.1(A), and all other Unpolluted
drainage shall be discharged to such Sewers as are specifically designated as Storm Sewers or
to a natural outlet approved by the Approving Authority and other regulatory agencies.
Unpolluted industrial cooling water or process waters may be discharged, on approval of the
State of Wisconsin Department of Natural Resources and the Control Authority to a Storm
Sewer, or natural outlet. No Sanitary Sewer shall be connected to the Storm Sewers.
(C) General Discharge Prohibitions
No User shall contribute or cause to be contributed, directly or indirectly, any pollutant as
defined in this Section, or Wastewater which will interfere with the operation or performance of
the Wastewater System or which causes or significantly contributes to Pass Through or
Interference. These general prohibitions apply to all Users of the Wastewater System whether or
not the User is subject to National Categorical Pretreatment Standards or requirements.
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Pollutants shall include:
(1) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid
or gas which create a fire or explosion hazard in the POTW, including, but not limited
to, waste streams with a closed cup flashpoint of less than 140 degrees Fahrenheit or
60 degrees Centigrade using the test methods specified in 40 CFR 261.21
(2) Any waters or wastes containing toxic or poisonous solids, liquids, or gases in
sufficient quantity, either singly or by interaction with other wastes, to injure or
interfere with the Wastewater System or any treatment process, constitute a hazard to
humans or animals or create a public nuisance in the receiving waters of the
Wastewater Treatment Plant, or to exceed the limitations set forth in any local, State or
National discharge standards.
(3) Any waters or wastes having a pH lower than 5.0 s.0 or h i g h e r t h a n 12.0 s.u. o r
having any other corrosive property capable of causing damage or hazard to structures,
equipment or personnel of the Wastewater System.
(4) Solid or viscous substances such as, but not limited to, ashes, cinders, sand, mud, straw,
shavings, metal, glass, rags, feathers, wax, grease, tar, plastics, wood, unground garbage,
whole blood, paunch manure, hair and fleshings, entrails, and paper dishes, cups,
milk containers, etc., either whole or ground by garbage grinders which will or may
cause obstruction to the flow in Sewers, or other Interference with the proper
operation of the Wastewater System.
(5) Specific Pollutant Limitations (Local Limits)
No Person shall discharge at any outfall entering the City Sewer System, Wastewater
containing the following pollutants in excess of the following maximum 24-hour
average concentrations or the maximum average concentration during the period of
discharge if less than 24 hours.
Cadmium 1.2 mg/L
Chromium 7.0 mg/L
Copper 2.4 mg/L
Lead 2.0 m /L
Nickel 2.9 m /L
Zinc 4.2 mg/L
Cyanide 1.9 mg/L
Silver 3.5 mg/L
Mercury 3.4 ug/L
OTHER CONSTITUENTS: Shall not contain other substances which are, or may
become injurious or detrimental to the Wastewater System.
(6) Radioactive wastes which exceed 1,000 micro curies, in the known absence of Strontium
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90 and alpha emitters.
(7) The following described substances, materials, waters, or waste shall be limited to
discharge to the Wastewater System to concentrations or quantities which will not
harm either the Sewers, Wastewater treatment process or equipment, will not have an
adverse effect on the receiving stream, or will not otherwise endanger lives, limb, public
property, or constitute a nuisance. The Control Authority may set limitations lower than
the limitations established in the regulations below if in its opinion such more severe
limitations are necessary to meet the above objectives. In forming its opinion as to the
acceptability, the Control Authority will give consideration to such factors as the
quantity of subject waste in relation to flows and velocities in the Sewers, materials of
construction of the Sewers, the Wastewater treatment process employed, capacity of the
Wastewater Treatment Plant, degree of treatability of the waste in the Wastewater
Treatment Plant, and other pertinent factors. The following materials or characteristics
of water or Wastewaters shall not be permitted to be discharged to the Sanitary Sewer
without approval of the Control Authority:
(a) Wastewater having a temperature higher than 150 degrees Fahrenheit (65
degrees Centigrade).
(b) Wastewater containing more than 100 milligrams per liter of petroleum oil,
non-biodegradable cutting oils, grease or other products of mineral oil origin.
(c) Water or wastewater containing floatable oils, fat or grease of animal or
vegetable origin in excess of 100 milligrams per liter.
(d) Any garbage that has not been properly shredded, with no particle greater
than 1/2 inch in any direction. Garbage grinders may be connected to
sanitary sewers from homes, hotels, institutions, restaurants, hospitals,
catering establishments, or similar places where garbage originates from the
preparation of food in kitchens for the purpose of consumption on the
premises or when served by caterers.
(e) Any waters or wastes containing iron, chromium, copper, zinc, and similar
objectionable or toxic substances to such degree that any such material
received in the composite wastewater at the Wastewater Treatment Plant
exceeds the limits establishedby the Control Authority for such materials.
(f) Any waters or wastes containing color producing or odor-producing
substances exceeding limits which may be established by the Control
Authority.
(g) Any radioactive wastes of isotopes of such half-life or concentration as may
exceed limits established by the Control Authority in compliance with
applicable State or Federal regulations.
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(h) Quantities of flow, concentrations, or both which constitute Slug Loading as
defined herein.
0) Waters or wastes containing substances which are not amenable to
treatment or reduction by the Wastewater treatment processes employed, or
are amenable to treatment only to such degree that the Wastewater
Treatment Plant effluent cannot meet the requirements of the agencies
having jurisdiction over discharge to the receiving waters.
Q) Any water or wastes 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, form suspended solids which interfere with the Wastewater System, or
create a condition deleterious to structures and treatment processes.
(k) Materials which exert or cause:
(1) Unusual BOD, chemical oxygen demand or chlorine requirements in
such quantities as to constitute an excessive load on the Wastewater
Treatment Plant, in the opinion of the Control Authority.
(2) Unusual volume of flow or concentration of wastes constituting "Slug
Loading" as defined herein.
(3) Unusual concentrations of inert suspended solids such as, but not
limited to, fuller's earth, lime slurries, and lime residues or of dissolved
solids (such as, but not limited to, sodium sulfate).
(I) Water or waste containing chlorine above 5 mg/I.
(m) Any trucked or hauled pollutants, except at discharge points designated by
the Control Authority.
(D) Federal Categorical Pretreatment Standards
Compliance by existing sources with Categorical Pretreatment Standards shall be within three
(3) years of the date the Standard is effective unless a shorter compliance time is specified in
the appropriate subpart of 40 CFR Chapter 1, Subchapter N. Existing sources which become
Significant Industrial Users subsequent to promulgation of an applicable categorical pretreatment
standard shall be considered existing Significant Industrial Users except where such sources
meet the definition of New Source as defined in Section 24-6 of this Code. New Sources shall
install and have in operating condition, and shall "startup" all pollution control equipment
required to meet applicable Pretreatment Standards before beginning to discharge. Within the
shortest feasible time (not to exceed ninety [90] days), New Sources must meet all applicable
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Categorical Pretreatment Standards.
(1) When the limits in a Categorical Pretreatment Standard are expressed only in terms of
mass of pollutant per unit of production, the Control Authority may convert the limits to
equivalent limitations expressed as mass of pollutant discharged per day or effluent
concentration for purposes of calculating effluent limitations applicable to individual
Industrial Users. (Interpretations of this subparagraph shall conform to 40 CFR 403.6(c)
General Pretreatment Regulations.)
(E) State Requirements
State of Wisconsin requirements and limitations on discharges to the Wastewater System shall
be met by all industries which are subject to such standards in any instance in which these
requirements and limitations are more stringent than Federal requirements and those in this or
any other applicable ordinance.
(F) Enforcement
If any waters or wastes are discharged, or proposed to be discharged to the Wastewater System,
that contain substances or possess the characteristics enumerated in Section 24-6.2, or that do not
meet the requirements and limitations of applicable Federal Categorical Pretreatment
Standards, or that do not meet State requirements and limitations on discharge to the Wastewater
System, or that in the judgment of the Control Authority, may have deleterious effects upon
the wastewater system, processes, equipment, or receiving waters, or that otherwise create a
hazard to life or health, or constitute a public nuisance, the Control Authority may:
(1) Reject the wastes.
(2) Require either self-monitoring, or compliance monitoring in accordance with a schedule
and by methods determined by the Control Authority.
(3) Require pretreatment to an acceptable condition for discharge to the Public Sewers.
(4) Require control over the quantities and rates of discharge.
(5) Require payment to cover the added cost of monitoring, handling and treating the wastes
not covered by existing Sewer charges, under the provisions of Section 24-6.5.
(6) Revoke the Wastewater Discharge Permit.
(7) Publish instances of significant noncompliance by Users.
(8) Issue administrative orders and fines.
(9) Seek civil action, including injunctive relief.
(10) Refer a criminal investigation.
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(11) Terminate service.
(G) Grease and/or Sand Interceptors
Grease, oil, and sand interceptors, or other treatment equipment and/or means, shall be
provided in accordance with Wisconsin Administrative Code SPS 382.34 or when, in the
opinion of the Control Authority, they are necessary for the proper handling of liquid
wastes containing Floatable Grease in excessive amounts, as specified in Section 24-6.1(C),
or any flammable wastes, sand, or other harmful ingredients; except that such
interceptors shall not be required for private living quarters or dwelling units. All
interceptors shall be located as to be readily and easily accessible for cleaning and
inspection. In the maintaining of these interceptors, the owner(s) shall be responsible for
the proper removal and disposal, by appropriate means, of the captured materials and
shall create and maintain records including the date of inspection, condition of interceptor
after pumping including repairs needed, name of hauler, how much was pumped, where
waste was disposed of and a copy of the original manifest from the waste hauler which are
subject to review by the Control Authority. Documentation must be retained for a period of
no less than three years. Any removal and hauling of the collected materials not performed
by owner(s) personnel must be performed by currently licensed waste disposal firms. This
Section shall pertain to, but is not limited to, all businesses identified as Food Service
Establishments (FSEs) by the Control Authority.
(H) Dilution
Except where expressly authorized to do so by an applicable Pretreatment Standard or
requirement, no Discharger shall use potable water, Unpolluted Water, cooling water or
process water in any way, nor mix separate waste streams, for the purpose of diluting a
discharge as a partial or complete substitute for adequate treatment to achieve compliance
with the standards set forth in this Ordinance. The City may impose mass limitations on
Industrial Users which are using dilution to meet applicable Pretreatment Standards or
requirements or in other cases where the imposition of mass limitations is appropriate.
(1) Accidental Discharges
All Persons, commercial establishments and industries shall provide protection from
accidental discharge or the introduction of prohibited or regulated materials or substances
established by this Ordinance. Where necessary, facilities to prevent accidental discharge
or the introduction of prohibited materials shall be provided and maintained at the
potential Discharger's cost and expense. When requested by the Control Authority, detailed
plans showing facilities and operating procedures to provide this protection shall be
submitted to the Control Authority for review, and shall be approved by the Authority
before construction of the facility. Each existing Discharger, when required by the Control
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Authority, shall complete a plan pursuant to this Section and submit same to the Control
Authority within 90 days of receipt of notice from the Control Authority. No industry which
discharges to the Wastewater System shall be permitted to introduce Wastewater into the
system until Accidental Discharge Protection Procedures have been approved by the
Control Authority. Review and approval of such plans and operating procedures by the
Authority shall not relieve the Discharger from the responsibility to modify its facility as
necessary to meet the requirements of this Ordinance.
Industries shall notify the Utility Operations Manager immediately upon the occurrence
of a Slug Load, or accidental discharge of substances prohibited by this Ordinance. The
notification shall include location of discharge, date and time thereof, type of waste,
concentration and volume, and corrective actions. Any industry that discharges a Slug Load
of prohibited materials shall be liable for any expense, loss or damage to the City, in addition
to the amount of any fines imposed on the City on account thereof under this ordinance,
State or Federal law.
Signs shall be permanently posted in conspicuous places on the Industry's premises,
advising employees whom to call in the event of a slug or accidental discharge. Employers
shall instruct all employees who may cause or discover such a discharge with respect to
emergency notification procedure.
0) Best Management Practice
The Control Authority may develop Best Management Practices (BMPs), by ordinance or in
individual Wastewater discharge permits, to implement Local Limits and the requirements of
Section 24-6.1 (C). Whenever BMPs are implemented, a report shall be submitted every 6
months (January-June and July-December) with information requested by the Control Authority.
Each report is due within 15 days after the end of the reporting period. BMP reports will be due
July 151h and January 151h of each year if required by the Control Authority.
(K) Contaminated Groundwater
Groundwater from known or suspected sites where contamination is likely to be present cannot
be discharged to the Storm Water system without a WPDES permit issued by the Wisconsin
Department of Natural Resources (DNR), and will not be allowed to be discharged to the Sanitary
Collection System without prior notification to the Control Authority. All discharge requests will
be subject to requirements laid out in the Contaminated Groundwater Discharge Policy. A
current copy of the policy is available by contacting the Industrial Pretreatment Coordinator.
SECTION 24-6.2 SLUG DISCHARGE PLAN
The City shall evaluate whether each Significant Industrial User needs a plan or other action to control
Slug Loading. For industrial Users identified as significant prior to March 3, 2014, this evaluation shall
have been conducted by February 1, 2015. Additional Significant Industrial Users shall be evaluated
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within 1 year of being designated as Significant Industrial Users. The results of such evaluation shall be
available to the Control Authority upon request. If the City decides that a slug control plan is needed,
the plan shall contain, at a minimum, the following elements:
(1) Description of discharge practices, including non-routine batch discharges;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying the City of slug discharges, including any discharge
that would violate a prohibition under 40 C.F.R. 403.5(b), with procedures for follow-up
written notification within five (5) days; and
(4) If necessary, procedures to prevent adverse impact from accidental spills, including
inspection and maintenance of storage areas, handling and transfer of materials, loading
and unloading operations; control of plant site run-off, worker training, building of
containment structures or equipment, measures for containing toxic organic pollutants
(including solvents), and/or measures and equipment necessary for emergency
response.
If a slug control plan is required, all slug control plan elements and requirements determined to be
necessary by the City for said industry shall be included in that industry's Industrial Discharge Permit.
Industrial Users shall immediately notify the City of any changes at the facility affecting the potential for
a slug discharge and the need for a slug control plan as required by 40 C.F.R. 403.8 (f)(2)(vi) and s. NR
211.235 (4) (a).
SECTION 24-6.3 CONTROL OF INDUSTRIAL WASTEWATER DISCHARGES.
(A) Submission of General Discharge Data
Within 90 days after passage of this Ordinance, each User discharging Industrial Wastewater to
the Wastewater System, if notified by the Control Authority, shall be required to obtain a
discharge permit and file with the Authority an Industrial Wastewater Discharge Application
and Baseline Report and survey, on forms to be furnished by the Control Authority. All new
sources shall file an Industrial Wastewater Discharge Application prior to any discharge. If the
Control Authority determines that the User should be designated as a Significant Industrial User,
an additional Baseline Report will be required. The questionnaire must be signed by an
Authorized Representative of the Industrial User, and certified by a qualified professional.
In support of the Baseline Report,the Industrial User shall submit, in units and terms specified in
the application, the following information:
(1) Name and address of the facility including the name of the operator and owners.
(2) List of any environmental control permits held by or for the facility.
(3) Brief description of the nature, average rate of production, and standard industrial
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classification of the operation(s) carried out by such User. This description shall
include a schematic process diagram indicating points of discharge to the POTW from
the regulated processes.
(4) Information showing the measured average daily and maximum daily flow, in gallons per
day,to the POTW from each of the following:
(a) Regulated process streams, and
(b) Other streams as necessary to allow use of the combined waste stream formula of
40 CFR Section 403.6(e)
(5) The Industrial User shall identify the National Categorical Pretreatment Standards
applicable to each regulated process, and shall:
(a) Submit the results of sampling and analysis identifying the nature and
concentration of regulated pollutants in the discharge from each regulated
process. Both daily maximum and average concentrations (or mass, where
required) shall be reported. The sample shall be representative of daily operations.
(b) A minimum of four (4) grab samples must be used for pH, cyanide, total phenols,
oil and grease, sulfide, and volatile organics. For all other pollutants, 24-hour
composite samples must be obtained through flow-proportioned sampling
techniques where feasible. The Control Authority may waive flow-proportional
composite sampling for any Industrial User that demonstrates that flow-
proportion sampling is infeasible. In such cases samples may be obtained through
time-proportional composite sampling techniques or through a minimum of four
(4) grab samples where the User demonstrates that this will provide a
representative sample of the effluent being discharged.
(c) The User shall take a minimum of one representative sample to compile that
data necessary to comply with the requirements of this paragraph.
(d) Samples should be taken immediately downstream from pretreatment facilities
if such exist or immediately downstream from the regulated process if no
Pretreatment exists. If other wastewaters are mixed with the regulated
wastewater prior to pretreatment the User should measure the flows and
concentrations necessary to allow use of the combined waste stream formula of
Section 403.61(e) in order to evaluate compliance with the Pretreatment
Standards. Where an alternate concentration of mass limit has been calculated in
accordance with Section 403.6(e) this adjusted limit along with supporting data
shall be submitted to the POTW.
(6) The Industrial User shall provide a statement, reviewed by an authorized representative
of the Industrial User and certified by a qualified professional, indicating whether
National Categorical Pretreatment Standards are being met on a consistent basis and, if
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not, whether additional operation and maintenance measures (O&M) or additional
pretreatment is required for the Industrial User to meet the National categorical
Pretreatment Standards.
(7) Similarly, each Industrial User desiring to make a new connection to the system, or
modifying an existing process or connection to the system, shall be required to file with
the Authority, a revised Industrial Wastewater Discharge Application, and baseline
report, and obtain a new wastewater discharge permit, if applicable, or modify the
existing discharge permit before connecting to the Wastewater System.
(B) Submission of Federal Categorical Pretreatment Standards Data
Within 180 days after the promulgation of a Federal Categorical Pretreatment Standard,
existing Industrial Users which become subject to these standards and who are currently
discharging or scheduled to discharge into the Wastewater System will be required to submit
to the Control Authority, a new Industrial Wastewater Discharge Permit Application, which
includes a baseline report,to be furnished by the Control Authority.
(C) Submission of Information
Plans, specifications and any other pertinent information relating to proposed flow
equalization and/or pretreatment of industrial wastewater shall be submitted for review to the
Control Authority prior to the start of construction if the effluent from said equalization and/or
pretreatment devices is to be discharged into the Wastewater System.
(D) Confidential Information
Information and data furnished to the Control Authority with respect to the nature and
frequency of discharge shall be available to the public or other governmental agency without
restriction, unless the industry specifically requests and is able to demonstrate to the satisfaction
of the Authority that the release of such information would divulge information, processes or
methods of production entitled to protection as trade secrets or proprietary information of
the Industry.
When requested by an industry furnishing a report, the portions of a report which may
disclose trade secrets or secret processes shall not be made available for inspection by the
public but shall be made available upon written request to governmental agencies for uses
related to this Ordinance, the National Pollutant Discharge Elimination System (NPDES)
Permit, WPDES permit and/or the Industrial Wastewater Programs; provided, however,
that such portions of a report shall be available for use by the State or any state agency in
judicial review of enforcement proceedings involving the Industry furnishing the report.
Wastewater constituents and characteristics will not be recognized as confidential
information.
(E) Pretreatment
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Where required, in the opinion of the Control Authority, to modify or eliminate wastes that
interfere with the operation of the Wastewater System, or with the use or disposal of sludge,
or are harmful to the structures, Sewers, equipment, processes or operation of the
Wastewater treatment works or are otherwise incompatible with such works, or that pass
through the treatment works and adversely affect the receiving stream or the
environment, or that will endanger life, limb, public property, or constitute a nuisance, the
Industrial User shall provide, at the User's expense, such preliminary treatment or
processing facilities as may be determined to be required to render the industrial wastes
acceptable for admission to the Public Sewers.
(1) Compliance Report
Within 90 days following the date for final compliance by an industry with
applicable Pretreatment Standards or other Ordinance limitations, or in the case of
a New Source, within 90 days following commencement of the introduction of
Wastewater into the POTW, the Industrial User shall submit to the Authority a report
containing the information described in Sec. 24-6.3(A)(3)(4)(5) and (6). For Industrial
Users subject to equivalent mass or concentration limits established by the Control
Authority with the procedures in 40 C. F. R. 403.6(c), this report shall contain a
reasonable measure of the Industrial User's long term production rate. For all other
Industrial Users subject to Categorical Pretreatment Standards expressed in terms of
allowable pollutant discharge per unit of production (or other measure of
operation), this report shall include the Industrial User's actual production during
the appropriate sampling period.
(2) Compliance Schedule
(a) Compliance schedules shall contain milestone dates for the commencement
and completion of major events leading to the construction and operation of
additional pretreatment required for the industry to comply with the
requirements of this Ordinance, including, but not limited to, dates relating
to hiring an engineer, hiring other appropriate personnel, completing
preliminary plans, completing final plans, executing contract(s) for major
components, commencing construction, completing construction, and all
other acts necessary to achieve compliance with this Ordinance.
(b) Under no circumstance shall any time increment for any single major event
directed toward compliance exceed nine (9) months.
(c) Not later than 14 days following each milestone date in the schedule and the
final date for compliance, the Industry shall submit a progress report to the
City, including no less than a statement as to whether or not it complied
with the increment of progress represented by that milestone date and, if not,
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the date on which it expects to comply with this increment of progress, the
reason for delay, and the steps being taken by the industry to return the
construction to the approved schedule. In no event shall more than nine (9)
months elapse between such progress reports to the City.
(3) Periodic Compliance Reports
Any Industrial User subject to a Categorical Pretreatment Standard or other requirement
set forth in this Ordinance, after the compliance date of such standard or requirement, or,
in the case of a new industry, after commencement of the discharge to the Wastewater
System, shall allow the Control Authority quarterly, unless required more frequently by
the Authority, to monitor the nature and concentration of substances in the industrial
effluent which are limited by the Pretreatment Standards and/or other requirements
hereof, and which may be deemed to have significant impact on the POTW, its
operation, maintenance or personnel. The cost of any or such monitoring performed at
the industry as directed by the Control Authority shall be billed to the industry. The
Control Authority may choose to directly perform such monitoring or contract services
of an engineering firm to conduct the monitoring. Personnel from a contracted
engineering firm shall be deemed Duly Authorized Representatives of the Control
Authority, and shall have the right of entry to inspect, observe, and sample as
provided for in Section 24-6.3(F) of the this Ordinance.
In addition, if required by the Authority, the industry shall submit a report to the
Authority by June 31st and December 31st of each year, or other dates as established that
must contain,but is not limited to, the following items:
(a) A record of all measured or estimated average and maximum daily flows from
designated points that occurred on the basis of actual measurement, provided,
however, where cost or feasibility considerations justify, the Control Authority
may accept reports of average and maximum flows estimated by verifiable
techniques.
(b) Volumes and dates of discharge of all batch tank contents discharged to the
Sanitary Sewer during the reporting period and scheduled discharges during the
next reporting period.
(c) Certification statements, on forms provided by the Control Authority, as to the
status of hazardous wastes and/or toxic organics stored on the Industrial
premises or used in any of the industry's manufacturing processes and potentially
discharged to the Sewer system.
(d) The report shall be signed by an Authorized Representative of the Industrial
User as outlined under40 CFR403.12(1).
(e) If an Industrial User subject to the reporting requirement of this Section monitors
any pollutant more frequently than required by the Control Authority, the
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results of this monitoring shall be included in the report.
(f) In cases where the Pretreatment Standard requires compliance with a Best
Management Practice (BMP) or pollution prevention alternative, the Industrial
User must submit documentation as required by the Control Authority or
Pretreatment Standard necessary to determine the compliance status of the
Industrial User.
(F) Waste Sampling
All wastes discharged into the Public Sewers may be subject to periodic sampling, measurement
and analysis to determine the true nature, characteristics, constituents and concentration of said
wastes. The sampling, flow measuring and analysis may be done by the Control Authority at its
option, with all cost being billed to industry. All results, findings and reports shall be
submitted to the Control Authority within 30 days of sampling, unless required otherwise
by the Control Authority.
(1) Except as indicated in Section (2) and (3) below, the Industrial User must collect
wastewater samples using 24-hour flow-proportional composite sampling techniques,
unless time-proportional composite sampling or grab sampling is authorized by the
Control Authority. Where time-proportional composite sampling or grab sampling is
authorized by the Control Authority, the samples must be representative of the discharge
and the decision to allow alternative methods shall be documented in the Industrial User's
file. Using protocols (including appropriate preservation) specified in 40 CFR Part 136
and appropriate EPA guidance, multiple grab samples collected during a 24-hour period
may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides
the samples may be composited in the laboratory or in the field; for volatile organics and
oil and grease, the samples may be composited in the laboratory. Composite samples for
other parameters unaffected by the compositing procedures as documented in approved
EPA methodologies may be authorized by the Control Authority, as appropriate. In
addition, grab samples may be required to show compliance with Instantaneous Limits.
(2) Samples for Oil and Grease, temperature, pH, cyanide, total phenols, sulfides, and volatile
organic compounds must be obtained using grab collection techniques.
(3) For sampling required in support of baseline monitoring and 90-day compliance reports
required in Section 24-6.3 (A)(5)(b) and 24-6.3 (E)(1), as well as 40 CFR 403.12 (b) and (d), a
minimum of four(4) grab samples must be used for pH, cyanide, total phenols, Oil and
Grease, sulfide, and volatile organic compounds for facilities for which historical sampling
data do not exist; for facilities for which historical sampling data are available, the Control
Authority may authorize a lower minimum. For the reports required by Section 24-6.3
(E)(3) and 40 CFR 403.12(e) and 403.12(h), the Industrial User is required to collect the
number of grab samples necessary to assess and assure compliance with applicable
Pretreatment Standards and Requirements.
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If the sampling performed by an Industrial User indicates a violation, the Industrial
User shall notify the Control Authority within 24 hours of becoming aware of the
violation. The Industrial User shall also repeat the sampling and analysis and submit
the results of the repeat analysis to the Control Authority within 30 days after becoming
aware of the violation, except the Industrial User is not required to resample if:
(a) The Control Authority performs sampling at the Industrial User at a frequency of
at least one per month, or
(b) The Control Authority performs sampling at the Industrial User between the time
when the Industrial User performs its initial sampling and the time when the
Industrial User receives the results of this sampling, or
(c) The Control Authority has performed the sampling and analysis in lieu of the
Industrial User, in which case the Control Authority shall perform the repeat
sampling and analysis unless it notifies the Industrial User of the violation and
requires the Industrial User to perform repeat analysis.
All Industrial Users shall promptly notify the POTW in advance of any substantial change in
volume or character of pollutants in their discharge, including the listed or characteristic
hazardous wastes for which the Industrial User has submitted initial notification under
Sec. 24-6.3(A).
The Authority shall have the right to establish on the Discharger's property such devices
as are necessary to conduct sampling, inspection, or flow monitoring operations.
Industrial Wastewater monitoring shall be conducted in accordance with the methods and
procedures contained in the publication entitled "City of Oshkosh Industrial Discharge
Program Handbook." The Control Authority is hereby authorized to maintain and modify
that program handbook as may be necessary to comply with State and Federal agencies
and/or directives. A current copy of that handbook shall be maintained for public
reading and copying in accordance with other applicable ordinances, in the office of the
City Clerk.
Samples shall be collected, handled, and preserved in such a manner as to be most
representative of the waste or process stream. The sampling procedures shall follow U.S.
Environmental Protection Agency (EPA) approved techniques. Sampling methods, location,
times, durations, and frequencies are to be determined on an individual basis by the
Control Authority.
The Control Authority may inspect the monitoring facilities of any Industrial Wastewater
Discharger to determine compliance with the requirements of this Ordinance. The
Discharger shall allow the Control Authority or its representatives, upon presentation of
credentials of identification, to enter upon the premises of the Discharger for the purposes
of inspection, sampling, or records examination.
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Should the Discharger at any time, for any reason, refuse to allow inspection of the records
relating to industrial discharges, then the Control Authority is hereby expressly authorized
to seek a Special Inspection Warrant under Section 66.0119 of the Wisconsin Statutes.
(a) Monitoring Facilities
Each Person discharging Industrial Wastewater shall provide and maintain at the
Discharger's own expense, a monitoring facility to allow inspection, sampling, and
flow measurement of each wastewater discharge to the Wastewater System. Each
monitoring facility shall be situated on the Discharger's premises, except where such a
location would be impractical or cause undue hardship on the Discharger, the
Authority may concur with the monitoring facility being constructed in the public
street or sidewalk area provided that the facility is located so that access will not be
obstructed. There shall be ample room in and near each facility to allow accurate
sampling and preparation of samples for analysis. Plans for the monitoring facility
and sampling and measuring equipment shall be approved by the Control Authority
prior to commencement of construction. The facilities, including all equipment and
appurtenances, shall be accessible at all times and shall be maintained at all times in
a safe and proper operating condition at the expense of the Discharger. All
monitoring facilities shall be constructed and maintained in accordance with all
applicable construction standards and specifications. Construction shall be completed
within 120 days of receipt of plan approval from the Control Authority.
(b) Choice of Monitoring Location
Where a treated regulated process waste stream is combined prior to treatment
with Wastewaters other than those generated by the regulated process, the
Industrial User may monitor either the segregated process waste stream or the
combined waste stream for the purpose of determining compliance with applicable
pretreatment standards. If the Industrial User chooses to monitor the segregated
process waste stream, it shall apply the applicable Categorical Pretreatment
Standard. If the Industrial User chooses to monitor the combined waste stream, it
shall apply an alternative discharge limit calculated using the combined waste
stream formula as provided under 40 C.F.R. sc. 403.6(e). The Industrial User may
change monitoring points only after receiving approval from the Control Authority.
The Control Authority shall ensure that any change in an Industrial User's monitoring
point(s) will not allow the Industrial User to substitute dilution for adequate
treatment to achieve compliance with applicable standards.
(c) Analysi
All measurements, tests, and analyses of the characteristics of waters and waste to
which reference is made in the Ordinance shall be determined in accordance with
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the analytical procedures described in Chapter NR 219 "Analytical Test Methods
and Procedures," Wisconsin Administrative Code, the provisions of 40 C.F.R. Part
136, and the most recent edition of EPA's "Manual of Methods for Chemical
Analysis of Water and Wastes."
Determination of the character and concentration of the industrial wastes shall be
the responsibility of the Person discharging them, or their designated agent or
representative. All costs will be billed to the Industry in accordance with the
methods and procedures contained in this Ordinance. The Industrial User or
Control Authority may request split samples.
(G) Wastewater Discharge Permit
No significant industrial User discharging Industrial Wastewaters into the City's
Wastewater System shall discharge or cause to be discharged into the Wastewater System
any Wastewater except upon application to the Control Authority and upon receipt of a
Wastewater Discharge Permit. Application for a Wastewater Discharge Permit shall be on
a form furnished by the Authority. A Wastewater Discharge Permit shall be in addition to
any other permit required for connection to the Public Sewer system. The fee required for a
Wastewater Discharge Permit shall be $20.00.
All existing Significant Industrial Wastewater Dischargers shall apply for a Wastewater
Discharge Permit within 30 days after the effective date of this ordinance.
Similarly, each Significant Industrial Wastewater Discharger desiring to make a new
connection or to modify an existing process or connection to the Wastewater System shall
apply for a new Wastewater Discharge Permit, at least 90 days before desiring such
modification or connection and shall receive a permit before the process modification or
connection is made to the Wastewater System. The City shall may deny a Wastewater Discharge
Permit to any applicant whose waste is unacceptable as a discharge to the POTW per the
Ordinance.
(1) Individual Wastewater Discharge Permits must contain:
(a) A statement that indicates the Wastewater Discharge Permit issuance date,
expiration date and effective date;
(b) A statement that the Wastewater Discharge Permit is nontransferable without
prior notification to the Control Authority in accordance with Section 24-6.3 (4)
of this Ordinance, and provisions for furnishing the new owner or operator
with a copy of the existing Wastewater Discharge Permit;
(c) Effluent limits, including Best Management Practices, based on applicable
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Pretreatment Standards;
(d) Self-monitoring, sampling, reporting, notification, and record-keeping
requirements. These requirements shall include an identification of pollutants
(or Best Management Practice) to be monitored, sampling location, sampling
frequency, and sample type based on Federal, State, and local law.
(e) A statement of applicable civil and criminal penalties for violation of
Pretreatment Standards and requirements, and any applicable compliance
schedule. Such schedule may not extend the time for compliance beyond that
required by applicable Federal, State, or local law.
(f) Requirements to control Slug Discharge, if determined by the Control
Authority to be necessary.
(2) Permit Modifications
The Control Authority is hereby authorized to amend any Wastewater Discharge
Permit issued hereunder in order to assure compliance by the Authority with
applicable laws and regulations. Within nine (9) months of the promulgation of a
Federal Categorical Pretreatment Standard, the Wastewater Discharge Permit of
each Discharger subject to such standard shall be revised to require compliance with
such standards within the time frame prescribed by such standards. All Federal
Categorical Pretreatment Standards promulgated after the adoption of this
Ordinance shall be included, by reference, as a part of this Ordinance effective on
the date of promulgation of the Pretreatment Standard. Where an existing
Industrial User becomes subject to new Federal Categorical Pretreatment Standards
after issuance of its original Wastewater Discharge Permit, the industrial discharger
shall, within 180 days of issuance of the new standard, apply for a new Wastewater
Discharge Permit from the Control Authority. The industry shall then be informed
of any proposed changes in the existing 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.
(3) Permits Duration
All Wastewater Discharge Permits shall be issued for a period not to exceed five
(5) years, subject to amendment or revocation as provided in this Ordinance.
(4) Limitations on Permit Transfer
Wastewater Discharge Permits are issued to a specific Discharger for a specific
operation and are not assignable to another Discharger, or transferable to any other
location, without the prior written approval of the Control Authority, and until a copy
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of the permit is provided to the new discharger.
(5) Application Signatories and Certifications
(a) All Wastewater Discharge Permit applications, User reports and certification
statements must be signed by an Authorized Representative of the Industrial
User and contain the certification statement specified in Section 24-6.3(L).
(b) If the designation of an Authorized Representative is no longer accurate
because a different individual or position has responsibility for the overall
operation of the facility or overall responsibility for environmental matter for
the industry, a new written authorization satisfying the requirements of this
section must be submitted to the Pretreatment Coordinator prior to, or together
with any reports to be signed by an Authorized Representative.
(H) Sampling and Analysis Techniques
Sampling and analysis shall be performed in accordance with the techniques prescribed in40
C.F.R. Part 136 and amendments thereto. Where 40 C.F.R. Part 136 does not contain
sampling or analytical techniques for the pollutant in question, or where the Control
Authority determines that the Part 136 sampling and analytical techniques are inappropriate
for the pollutant in question, sampling and analysis shall be performed by using validated
analytical methods or any other applicable sampling and analytical procedures, including
procedures suggested by the Control Authority.
(1) Use of Historical Data
The Control Authority may allow the submission of a baseline report which utilizes only
historical data so long as the data provides information sufficient to determine the need for
industrial pretreatment measures.
(J) Specifics of Sampling and Methods of Analysis
The baseline report shall indicate the time, date and place, of sampling, and methods of
analysis, and shall certify that such sampling and analysis is representative of normal
work cycles and expected pollutant discharges to the POTW.
Reporting Requirements for Industrial Users Not Subject to Categorical Pretreatment
Standards
The Control Authority shall require appropriate reporting from those Industrial Users with
discharges that are not subject to Categorical Pretreatment standards. Significant Non-
Categorical Industrial Users shall submit to the Control Authority at least once every six
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months (on dates specified by the Control Authority) a description of the nature,
concentration, and flow of the pollutants required to be reported by the Control Authority.
These reports shall be based on sampling and analysis performed in the period covered by
the report, and performed in accordance with the techniques described in 40 CFR part 136
and amendments thereto. Where 40 CFR part 136 does not contain sampling or
analytical techniques for the pollutant in question, or where the Administrator determines
that the part 136 sampling and analytical techniques are inappropriate for the pollutant in
question, sampling and analysis shall be performed by using validated analytical
methods or any other applicable sampling and analytical procedures, including procedures
suggested by the POTW or other persons, approved by the Administrator. Sampling shall be
conducted at the appropriate sampling location and shall be representative of conditions
during the reporting period. If a User monitors any regulated pollutant more frequently
than required by the Control Authority using procedures prescribed in Section 24-6.3(F), the
results of this monitoring shall be included in the report. In cases where a local limit requires
compliance with best management practices or pollution prevention alternative, the User
shall submit documentation required by the Control Authority to determine the compliance
status of the User. This sampling and analysis may be performed by the Control
Authority in lieu of the Significant Non-Categorical Industrial User. Where the Control
Authority itself collects all the information required for the report, the Significant Non-
Categorical Industrial User will not be required to submit the report.
The decision to sample any Industrial User not deemed a Significant Industrial User by the
Control Authority shall rest with the Control Authority, and the requirements set forth in
this chapter regulating Significant Industrial Users shall not prohibit the Control Authority
from making arrangements with individual industries with regard to sampling and reporting
requirements.
(K) Certification Statements
(1) Certification of Permit Applications, User Reports and Initial Monitoring Waiver
The following certification statement is required to be signed and submitted by Industrial
Users submitting permit applications in accordance with Section 24-6.3(G)(5); Users
submitting baseline monitoring reports under Section 24-6.3(A); Users submitting reports
on compliance with the categorical Pretreatment Standard deadlines under Section 24-
6.3(E)(1); Users submitting periodic compliance reports required by Section 24-6.3(E)(2);
and Users submitting periodic compliance reports required by Section 24-6.3(K). The
following certification statement must be signed by an Authorized Representative as
defined in Section 24-6:
1 certify under penalty of law that this document and all attachments were prepared under
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my direct supervision or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine and
imprisonment for knowing violations.
(2) Annual Certification for Non-Significant Categorical Industrial Users
A facility determined to be a Non-Significant Categorical Industrial User by the Control
Authority must annually submit the following certification statement signed by an
Authorized Representative. This certification must accompany an alternative report
required by the Control Authority:
Based on my inquiry of the person or persons directly responsible for managing
compliance with the categorical Pretreatment Standards under 40 CFR 403, I certify that,
to the best of my knowledge and belief that during the period from
to [months, days, year]:
(a) The facility described as [facility name] met the definition of a
Non-Significant Categorical Industrial User as described in Section 24-6.
(b) The facility complied with all applicable Pretreatment Standards and requirements
during this reporting period; and
(c) The facility never discharged more than 100 gallons of total categorical wastewater
on any given day during this reporting period.
This compliance certification is based on the following information: (User shall provide
information deemed necessary to support their claim. Required information may include,
but is not limited to, BMP protocols, daily discharge logs,hauled waste manifests.)
SECTION 24-6.301 SEPTAGE DISPOSAL
(A) Prohibition
It shall be unlawful for anyone to dispose of, or to cause the introduction of, Septage into
the City's wastewater system except upon application to the Control Authority and upon
receipt of a Septage disposal permit. All disposals shall comply with the provisions of this
section.
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(B) Permit and Fees
All commercial and private Sanitary Waste Haulers shall secure a permit from the City
authorizing the discharge of Septage to the Wastewater System. Applications for permits,
obtained at the Wastewater Treatment Plant, shall contain such information as the Control
Authority determines is necessary including the number of vehicles to be used to transport
Septage, the capacity of each vehicle, and the estimated volume of Septage to be transported for
treatment per day or per week. Permits shall be issued for a two-year period from January 1
through December 31 of the subsequent year or portion thereof, and shall expire on
December 31 of the subsequent year. Applications for renewal permits shall be made by
October 31 of the year of expiration. A fee of Ten Dollars ($10.00) shall accompany each
application for new or renewal permit. A late fee of Five Dollars ($5.00) shall be assessed for
renewal applications filed after October 31. All fees shall be paid prior to issuance of any
permit.
(C) Procedures
(1) All requirements of Section 24-6.1 (Regulation of the Wastewater System) of this Chapter
shall be observed.
(2) Sanitary Waste Haulers, holding an active permit from the City of Oshkosh
Wastewater Treatment Plant may discharge Septage at the Oshkosh Wastewater
Treatment Plant, 233 Campbell Road, during scheduled hours, Monday through Saturday,
excepting holidays.
(3) Prior approval shall be required for the discharge of Septage at time periods or locations
other than those specifically designated.
(4) Discharge to the Wastewater System shall be at a location designated by the Control
Authority. Discharge at any other location without prior written approval from the
Control Authority shall be deemed a violation of this section.
(5) Septage discharges shall be subject to periodic inspection and testing, and a
determination of character and concentration of said wastes by the Control Authority.
The determinations may be made by the waste generator or the permitted discharger
and shall be submitted to the Control Authority as often as may be deemed necessary by
the Control Authority.
(6) Upon request of Oshkosh Wastewater Treatment Plant personnel, the Hauler shall
provide a representative sample of the Septage to be discharged.
(7) The Hauler shall cease the discharge of any waste determined to be incompatible with
the Wastewater System.
(8) A manifest form, supplied by the City of Oshkosh, shall be completed and filed with
the Wastewater Treatment Plant at the time of each discharge.
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(9) The Hauler shall clean up all spills or other deposits resulting from its activity at any
point in the City of Oshkosh.
(D) Grease Trap Waste
Grease trap waste will not be accepted unless it is mixed with other Septage. A maximum limit of
2,000 gallons per month will be accepted from each permitted hauler. The amount of grease in
each load shall be clearly noted on the manifest sheet, and it will be the responsibility of the
hauler not to exceed the monthly discharge limit. Any request for discharge above the maximum
monthly limit shall require prior notification and authorization of POTW personnel.
(E) Service Charges
All Septage discharged into the Wastewater System shall be charged the fees specified in Section
24-6.5(E)(4 ) of this Chapter. Additional charges may be levied for Wastewater discharge of
unusual strength, damage to the Wastewater System, its structures or apparatus, or
restoration of the discharge area required as a result of spills or other Hauler activities.
(F) Non-compliance and Penalties
(1) Failure to comply with the provisions of this Section shall subject the violator to
suspension of the permit for 30 days for the first violation and for 90 days for the second
violation, all within two year permit time. Appeal may be had to the Control Authority.
(2) In addition to the foregoing, any person who violates any provision of this Section,
upon conviction thereof, shall forfeit not less than One Thousand Twenty-five Dollars
($1,025.00) nor more than Five Thousand Dollars ($5,000.00), together with the costs of
prosecution. Each violation, even though such violations shall be consecutive, shall
constitute a separate offense. Nothing in this Section shall be construed to limit
additional enforcement actions.
SECTION 24-6.4 INDUSTRIAL WASTEWATER DISCHARGE PROGRAM CHARGES
(A) Industrial Wastewater Monitoring Program Financial Program
The Control Authority is hereby authorized to establish, maintain, and modify as necessary,
a financial program for industrial monitoring which meets the requirements of the State and
Federal agencies having jurisdiction over this program. This financial program shall meet the
following objectives:
(1) It shall minimize the cost to all industries included in the Industrial Wastewater
monitoring program.
(2) It shall insure that all costs associated with the Industrial Wastewater monitoring program
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are borne by the industries included in this program in an equitable manner.
The Control Authority shall delineate, and shall keep current, the methods and procedures
associated with this financial program. These methods and procedures shall be as delineated in
the publication entitled "City of Oshkosh Industrial Wastewater Discharge Handbook." A
copy of this Handbook shall be kept available for reading and copying in the City Clerk's Office
located in City Hall.
(B) Billing Practices for the Industrial Wastewater Discharge Program
(1) BillingPeriod
eriod
Program charges shall be billed separately from the Sewer User charges, semi-annually.
(2) Pam
Program charges shall be payable on or before the 15th day of each collection month.
(3) Penalties
Program charges levied in accordance with this Ordinance shall be a debt due to the
City and shall be a lien upon the property. If this debt is not paid within 30 days after
becoming due and payable, it shall be deemed delinquent and may be recovered by civil
action in the name of the City against the industry, the property owner, or both.
In the event of failure to pay Program charges after they become delinquent, the City shall have
the right to remove or close Sewer connections and enter upon the property for
accomplishing such purposes.
The expense of such removal or closing, as well as the expense of restoring service, shall
likewise be a debt to the City and a lien on the property and may be recovered by civil action in
the name of the City against the industry, the property owner, or both.
Sewer service shall not be restored until all charges, including the expense of removal, closing
and restoration shall have been paid.
Change of ownership or occupancy of premises found delinquent shall not be cause for reducing
or eliminating these penalties.
(C) Audits and Adjustments
Following the annual audit in accordance with Section 24-6.9; all adjustments shall be made to
each industry's account to reflect costs on the next semi-annual billing.
SECTION 24-6.5 WASTEWATER SERVICE CHARGES
(A) Wastewater Users Served by Water Utility Water Meters
There is hereby levied and assessed upon each lot, parcel of land, building or premises having
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a connection with the Wastewater System and being served with water solely by the Water
Utility, a Wastewater treatment service charge based, in part, on the quantity of water used as
measured by the Water Utility water meter and used on the premises.
(B) Wastewater Users Served by Private Wells
There is hereby levied upon any Person discharging Sewage into the Public Sanitary Sewer
System who procures any part, or all of their water from sources other than the Water Utility,
all or part of which is discharged into the Public Sanitary Sewer System, a wastewater
treatment charge. The property owner shall be required to have water meters installed for the
purpose of determining the volume of water obtained from these other sources. The water
meter(s) shall be purchased from the Water Utility, or be approved by the Water Utility and
installed according to the Water Utility rules. All cost of purchasing, testing, installing and
maintenance of the meter shall be the responsibility of the property owners.
(C) Metering of Waste
Devices for measuring the volume of waste discharged may be required by the Control
Authority if this volume cannot otherwise be determined from the metered water consumption
records. Metering devices for determining the volume of waste shall be installed, owned,
and maintained by the Discharger and calibrated annually and the accuracy maintained to the
satisfaction of the Control Authority. Following approval and installation, such meters may not
be removed without the consent of the Control Authority.
(D) Provision for Deductions
In the event that a Person discharging industrial Wastewater into the Public Sewers produces
evidence satisfactory to the Control Authority that a percentage of the total annual volume of
water used for all purposes does not reach the Public Sanitary Sewer, then the determination of
the water consumption to be used in computing the waste volume and strength discharged into
the public sanitary sewer may be made a matter of agreement between the Control Authority
and the Person discharging the waste. Devices for measuring water not discharged to the
sanitary sewers may be required by the Control Authority.
(E) Categories and Amounts of Service Charges
(1) Domestic
Domestic strength Wastewater is defined as Wastewater having organic concentrations
of Biochemical Oxygen Demand (BOD5) no greater than 250 milligrams per liter
(mg/I), Total Suspended Solids (TSS) no greater than 250 milligrams per liter (mg/I),
Phosphorus (P) no greater than 10 milligrams per liter (mg/1), and Ammonia-Nitrogen
(NH3-N) no greater than 25 milligrams per liter (mg/I)(Category A).
(2) Commercial
Those commercial establishments which discharge Wastewater of the same pollution
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strength as domestic strength wastewater will be billed at the domestic rate.
Commercial firms which discharge wastewater exceeding domestic Wastewater in
strength will be billed at the industrial strength rate (Category B).
The decision to sample any or all of the commercial entities shall rest with the Control
Authority. Should the results of the sampling program indicate the entity in question
discharges Wastewater with strength equal to or less than domestic Wastewater, the
entity will be billed at the domestic rate and all cost of the sampling and analysis shall be
borne by the entity. If the entity sampled is found to discharge Wastewater greater in
strength than domestic Wastewater that entity shall be billed at the industrial
Wastewater rate and shall also be responsible for all costs incurred in sampling and
analyzing its Wastewater.
(3) Industrial
Industries discharging Wastewater into the Public Sanitary Sewer system shall be
billed in accordance with the Industrial Wastewater Service Charge if their
Wastewaters have net loadings greater than the domestic concentrations defined in
Section 24-6.5(E)(1) above. If the industrial monitoring program results indicate an
Industrial User charge less than a domestic User charge, the domestic amount shall be
charged. The volume of flow used for computing the Wastewater surcharge shall be
metered water consumption as shown in records maintained by the Water Utility
subject to adjustments as otherwise herein provided, or the actual volume of Wastewater
as determined by a waste metering installation.
Industrial Wastewater is defined as Wastewater having organic concentrations of
Biochemical Oxygen Demand (BOD5) greater than 250 milligrams per liter (mg/1), Total
Suspended Solids (TSS) greater than 250 milligrams per liter (mg/I), Phosphorus (P)
greater than 10 milligrams per liter (mg/I), or Ammonia-Nitrogen (NH3-N) greater than
25 milligrams per liter (mg/1). Industries discharging waste into the Public Sanitary
Sewer System shall be billed for all flow at the domestic Wastewater rate, plus an
additional amount for each pound of pollutant greater than that which would be
contained in domestic Wastewater having concentrations as defined in Section 24-
6.5(E)(1).
(4) Service Charges for Domestic, Commercial and Industrial Dischargers
The rates for all wastes discharged into the Public Sanitary Sewer System by domestic,
commercial and industrial dischargers shall be established by the Common Council and
may be changed by further resolution of the Common Council. All charges established
pursuant to this Section shall be equitable and reasonable. A schedule of current charges
shall be maintained and on file in the office of the City Clerk.
(5) Sanitary Waste Haulers
The rates for all wastes discharged into the Public Sanitary Sewer System by Sanitary
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Waste Haulers shall be established by the Common Council and may be changed by
further resolution of the Common Council. All charges established pursuant to this
Section shall be equitable and reasonable. A schedule of current charges shall be
maintained and on file in the office of the City Clerk.
(6) Impacted Groundwater
The charges for all impacted water will be based on the volume of Wastewater discharged
into the Collection System or hauled to the WWTP. All fees and rates shall be established
by the Common Council and may be changed by further resolution of the Common
Council. All charges established pursuant to this Section shall be equitable and
reasonable. A schedule of current charges shall be maintained and on file in the office of
the City Clerk.
(F) Billing Practice for Wastewater Service Charge
(1) BillingPeriod
eriod
(a) Category "A" Wastewater Treatment Charges shall be billed with the water bill as
a pollution charge on a quarterly basis. A schedule of current charges shall be
maintained and on file in the office of the City Clerk.
(b) Category "B" Wastewater Treatment Charges shall be billed as an addition to
Category "A" charges on a quarterly basis. A schedule of current charges shall be
maintained and on file in the office of the City Clerk.
(2) Pam
Wastewater Treatment Charges shall be payable on or before the 20th day of each
collection month. A late payment charge of one and one-half percent (1 1/2%) per month
will be added to bills not paid on or before the due date. This late payment charge will
be applied to the total unpaid balance for utility service, including unpaid late
payment charges. The late payment penalty is applicable to all customers.
(3) Collection of Wastewater Service Charges
All Wastewater User charges and applicable Category "A" and "B" surcharges levied in
accordance with the Ordinance shall be a debt due to the City and shall be a lien upon the
property. If this debt is not paid within 30 days after becoming due and payable, it shall
be deemed delinquent and may be recovered by civil action in the name of the City
against the property owner, the person, or both.
In the event of failure to pay charges within thirty days after billing date, the City shall
have the right to remove or close sewer connections and enter upon the property for
accomplishing such purpose.
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The expense of such removal or closing, as well as the expense of restoring service, shall
likewise be a debt to the City and a lien upon the property and may be recovered by
civil action in the name of the City against the property owner, the Person, or both.
Sewer service shall not be restored until all charges, including the expense of
removal, closing and restoration shall have been paid.
Change of ownership or occupancy of premises found delinquent shall not be cause
for reducing or eliminating these penalties.
(G) Replacement Fund
A replacement fund as may be required by applicable State and Federal regulations is hereby
established, to be funded by that portion of charges for Wastewater service charges as established
in the report of sewer User charges, as may be revised and implemented.
SECTION 24-6.6 RIGHT OF ENTRY, SAFETY, AND IDENTIFICATION
(A) Right of Entry
The Director of Public Works, Utility Operations Manager, Plumbing Supervisor, or other
Duly Authorized Representatives or employees of the City, bearing proper credentials and
identification, shall be permitted to enter all properties for the purpose of inspection, observation,
testing, all in accordance with the provisions of this Ordinance and Section 196.171 of the
Wisconsin Statutes. If the right to entry as herein specifically granted is refused,then the Control
Authority is hereby expressly authorized to seek a Special Inspection Warrant under Section
66.0119 of the Wisconsin Statutes.
(B) Safety
While performing the necessary work on private premises referred to in Section 24-6.6(A), the
City employees or Duly Authorized Representatives shall observe all safety rules applicable to
the premises established by the company.
SECTION 24-6.7 VIOLATIONS AND PENALTIES
(A) Administrative Enforcement Remedies
(1) Notification of Violation
When the Control Authority finds that a User has violated, or continues to violate,
any provision of this Ordinance, a Wastewater Discharge Permit or Order issued
hereunder, or any other pretreatment standard or requirement, the Control Authority may
serve upon that User a written Notice of Violation. Within thirty (30) days of receipt of
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this notice, an explanation of the violation and a plan for the satisfactory correction
and prevention thereof, to include specific required actions, shall be submitted by the
User to the Control Authority. Submission of this plan in no way relieves the User of
liability for any violations occurring before or after receipt of the Notice of Violation. If
sampling performed by a User indicates a violation, the User must notify the
Pretreatment Coordinator within twenty-four (24) hours of becoming aware of
the violation. The User shall also repeat the sampling and analysis and submit
the results of the repeat analysis to the Pretreatment Coordinator within thirty
(30) days after becoming aware of the violation. Resampling by the Industrial
User is not required if the City performs sampling at the User's facility at least
once a month, or if the City performs sampling at the User between the time
when the initial sampling was conducted and the time when the User or the
City receives the results of this sampling, or if the City has performed the
sampling and analysis in lieu of the Industrial User. Nothing in this Section shall
limit the authority of the Control Authority to take any action, including emergency
actions or any other enforcement action, without first issuing a Notice of Violation.
(2) Consent Orders
The Control Authority may enter into consent orders, assurances of voluntary compliance,
or other similar documents establishing an agreement with any User responsible for
noncompliance. Such documents will include specific action to be taken by the User
to correct the noncompliance within a time period specified by the document. Such
documents shall have the same force and effect as the administrative orders issued
pursuant to Sections 24-6.7(A)(4) and (5) of this ordinance and shall be judicially
enforceable.
(3) Show Cause Hearin
The Control Authority may order a User which has violated, or continues to violate,
any provisions of this ordinance, a wastewater discharge permit or order issued
hereunder, or any other pretreatment standard or requirement, to appear before the
Control Authority and show cause why the proposed enforcement action should not
be taken. Notice shall be served on the User specifying the time and place for the
meeting, the proposed enforcement action, the reasons for such action, and a request
that the User show cause why the proposed enforcement action should not be taken.
The notice of the meeting shall be served personally or by registered or certified mail
(return receipt requested) at least five (5) days prior to the hearing. Such notice may be
served on any Authorized Representative of the User. A show cause hearing shall not
be a bar against, or prerequisite for, taking any other action against the User.
(4) Compliance Orders
When the Control Authority finds that a User has violated, or continues to violate,
any provision of this ordinance, a wastewater discharge permit or order issued
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hereunder, or any other pretreatment standard or requirement, the Control Authority
may issue an order to the User responsible for the discharge directing that the User
come into compliance within a specified time. If the User does not come into
compliance within the time provided, sewer service may be discontinued unless
adequate treatment facilities, devices, or other related appurtenances are installed and
properly operated. Compliance orders also may contain other requirements to address
the noncompliance, including additional self-monitoring and management practices
designed to minimize the amount of pollutants discharged to the sewer. A
compliance order may not extend the deadline for compliance established for a
pretreatment standard or requirement, nor does a compliance order relieve the User
of liability for any violation, including any continuing violation. Issuance of a compliance
order shall not be a bar against, or a prerequisite for taking any other action against the
User.
(5) Cease and Desist Orders
When the Control Authority finds that a User has violated, or continues to violate,
any provision of this ordinance, a wastewater discharge permit or order issued
hereunder, or any other pretreatment standard or requirement, or that the User's past
violations are likely to reoccur, the Control Authority may issue an order to the User
directing it to cease and desist all such violations and directing the User to:
(a) Immediately comply with all requirements; and
(b) Take such appropriate remedial or preventative action as may be needed to
properly address a continuing or threatened violation, including halting
operations and/or terminating the discharge.
Issuance of a cease and desist order shall not be a bar against, or a prerequisite for,
taking any other action against the User.
(6) Emergencypensions
The Control Authority may immediately suspend a User's discharge, with limited and
/or no prior notice, whenever such suspension is necessary to stop an actual or threatened
discharge which reasonably appears to present or cause an imminent or substantial
endangerment to the health or welfare of persons. The Control Authority may also
immediately suspend a User's discharge, after notice and opportunity to respond, that
threatens to interfere with the operation of the POTW, or which presents, or may
present, an endangerment to individuals or the environment.
(a) Any User notified of a suspension of its discharge shall immediately stop or
eliminate its discharge. In the event of a User's failure to immediately comply
voluntarily with the suspension order, the Control Authority may take steps as
deemed necessary, including immediate severance of the sewer connection, to
prevent or minimize damage to the POTW, its receiving stream, or endangerment
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to any individuals or the environment. The Control Authority may allow the User
to recommence its discharge when the User has demonstrated to the satisfaction
of the Control Authority that the danger has passed, unless the termination
proceedings in Section 24- 6.7(A)(7) of this Ordinance are initiated against the
User.
(b) A User that is responsible, in whole or in part, for any discharge presenting
imminent endangerment shall submit a detailed written statement, describing the
causes of the harmful contribution and the measures taken to prevent any future
occurrence, to the Control Authority prior to the date of any show cause or
termination hearing under Sections 24-6.7(3) or (7) of this ordinance.
Nothing in this Section shall be interpreted as requiring a hearing prior to any
emergency suspension under this Section. If the cause of the emergency suspension
cannot be rectified the Control Authority may move to terminate the discharge under
conditions of Section 24-6.7(A)(7).
(7) Termination of Discharge
In addition to any other provisions in this Ordinance, any User who violates the
following conditions is subject to discharge termination:
(a) violation of Wastewater Discharge Permit conditions;
(b) failure to accurately report the Wastewater Constituents and Characteristics of
its discharge;
(c) failure to report significant changes in operations,volume, or Wastewater
Constituents and Characteristics prior to discharge;
(d) refusal of reasonable access to the Users premises for the purposes of inspection,
monitoring, or sampling; or
(e) violation of the pretreatment standards in this Ordinance.
Such User will be notified of the proposed termination of its discharge and be offered an
opportunity to show cause under Section 24-6.7(A)(3) of this Ordinance why the proposed
action should not be taken. Exercise of this option by the Control Authority shall not be a bar
to, or a prerequisite for, taking any other action against the User.
(B) Judicial Enforcement Remedies
(1) Injunctive Relief
When the Control Authority finds that User has violated, or continues to violate, any
provision of this Ordinance, a Wastewater Discharge Permit, or Order issued
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hereunder, or any other pretreatment standard or requirement, the Control Authority
may petition the circuit court 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 this Ordinance on activities
of the User. The Control Authority 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 a User.
(C) Civil Penalties
(1) A User who has violated, or continues to violate, any provision of this Ordinance,
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 not less than$1025
nor more than$5000 per violation, per day. In the case of a monthly or other long-term
average discharge limit, penalties shall accrue for each day during the period of the
violation.
(2) The Control Authority may recover reasonable attorney fees, court costs, and other
expenses associated with enforcement activities, including sampling and monitoring
expenses, and the cost of any actual d amages incurred b y the City.
(3) In determining the amount of civil liability, 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, corrective actions by the User,
the compliance history of the User, and any other factor.
(4) Issuance of a citation, or filing a suit for civil penalties shall not be a bar against, or a
prerequisite for, taking any other action against a User.
(D) Remedies Nonexclusive
The remedies provided for in this Ordinance are not exclusive. The Control Authority may take
any, all, or any combination of these actions against a noncompliant User. Enforcement of
pretreatment violations will generally be in accordance with the City's Enforcement Response
Plan. However, the Control Authority may take other action against any User when the
circumstances warrant. Further, the Control Authority is empowered to take more than one
enforcement action against any noncompliant User.
(E) Supplemental Enforcement Action
Termination of Water Service
The Control Authority may decline to issue or reissue a Wastewater Discharge Permit to any
User who has failed to comply with any provision of this ordinance, Wastewater Discharge
Permit, or Order issued hereunder, or any other pretreatment standard or requirement. Water
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service to the User may be severed. Service will only recommence, at the User's expense, after
it has satisfactorily demonstrated its ability to comply.
(F) Accidental Discharge
Any person found to be responsible for allowing a deleterious discharge into the Sewer System
which causes damage to the treatment facility and/or receiving body of water shall, in
addition to a fine, pay the amount to cover the damages, both values to be established by
the Control Authority.
(G) Continued Violation
Any person, partnership, or corporation, or any officer, agent, or employee thereof, who shall
continue, or permit to continue any violation upon receiving notice from the Control Authority
shall, upon conviction thereof, forfeit not less than One Thousand Twenty-five Dollars
($1,025.00) and not more than Five Thousand Dollars ($5,000.00), together with the costs of
prosecution. In default of payment of such forfeiture and costs, said violator shall be imprisoned
in the Winnebago County Jail for a period not to exceed 30 days. Each day in which any
violation is continued beyond the aforesaid notice time limit shall be deemed a separate
offense.
(H) Liability to City for Losses
Any person violating any provision of this Ordinance shall be liable to the City for any expense,
loss,or damage occasioned by reason of such violation.
(1) Annual Publication of Violators
A list of all Industrial Users which, during the past 12 months, were significantly in
noncompliance with the applicable pretreatment standards and Industrial Wastewater Discharge
Program requirements of this Ordinance shall be published at least annually, by the Control
Authority, in a newspaper of general circulation that provides meaningful public notice in the
area served by the POTW. A Significant Industrial User has been in significant noncompliance if
the User meets any criteria specified in Subsections (1)-(8) below. An Non-Significant Industrial
User has been in significant noncompliance if the User meets criteria specified in Subsections (3),
(4), or (8)below.
(1) Chronic violations of wastewater discharge limits, defined here as those in which sixty-
six percent (66%)or more of all of the measurements of the Industrial User's
Wastewater for the same pollutant taken during a six month period exceeded (by any
magnitude) any numeric pretreatment standard or requirement including an
instantaneous limit.
(2) Technical Review Criteria (TRC) violations, defined here as those in which thirty-
three percent (33%) or more of all of the measurements of the Industrial User's
Wastewater for the same pollutant parameter taken during a six month period
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equaled or exceeded the product of the numeric pretreatment standard or
requirement including an instantaneous 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 exceeded a pH limit by 0.4 standard units).
(3) Any other violation of a pretreatment standard or requirement that the Control
Authority 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 harm, or a reasonable likelihood of
harm, to human health, welfare or to the environment or has resulted in the
POTW's exercise of its emergency authority to halt or prevent such a discharge;
(5) Failure to meet, within 90 days after the schedule date, a compliance schedule
milestone contained in a local control mechanism or enforcement order for starting
construction, completing construction, or attaining final compliance;
(6) Failure to provide, within 45 days after the due date, a required report
containing all required monitoring results and other information, such as baseline
monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and
reports on compliance with compliance schedules;
(7) Failure to accurately or timely report non-compliance;
(8) Any other violation, or group of violations, which may include a violation of
required Best Management Practices which adversely affects the operation or
implementation of the local pretreatment program.
(J) Right of Appeal
Any industry or other Discharger shall have the right to request, in writing, within 20
days of receiving a Wastewater Discharge Permit or enforcement action, an interpretation
or ruling from the Control Authority on any matter covered by this Ordinance and shall be
entitled to a prompt written reply. Receipt of a request under this paragraph shall not
automatically stay enforcement proceedings, and the Industrial User shall continue to be
bound by the terms of its permit.
(K) Records Retention
All Industrial Users subject to this Ordinance shall retain and preserve for no less than
three (3) years, any records, books, documents, memoranda, reports, correspondence and
any and all summaries thereof, relating to monitoring, sampling and chemical analyses
made by or in behalf of an Industry in connection with its discharge. Upon request of the
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Control Authority, all Users shall make available for inspection and copying, all records
pertaining to any monitoring activities required by this ordinance, any additional records
pertaining to monitoring activities undertaken by the User independent of such
requirements, and documentation pertaining to Best Management Practices established
under Section 24-6.1 (J). Records shall include the date, location, method, and time of
sampling, and the name of the person(s) taking the samples; the dates analyses were
performed; who performed the analyses; the analytical techniques or methods used; and the
results of such analyses. All records which pertain to matters of enforcement or litigation
activities brought by the Control Authority pursuant hereto, shall be retained and
preserved by the industry until all enforcement activities have concluded, and all period of
limitation with respect to any and all appeals have expired
(L) Hazardous Wastes
The Industrial User shall notify the City, the EPA Region V Waste Management Division
Director, and the DNR Bureau of Solid and Hazardous Waste Management in writing of
any discharge into the POTW of any substance, which, if otherwise disposed of, would be
a hazardous waste under 40 CFR part 261. Such notification must include the name of the
hazardous waste under 40 CFR part 261, the EPA hazardous waste number, and the type of
discharge (continuous, batch, or other.) If the Industrial User discharges more than 100
kilograms of such waste per calendar month to the POTW, the notification shall also
contain the following information to the extent such information is known and readily
available to the Industrial User:
(1) an identification of the hazardous constituents contained in the wastes; and
(2) an estimation of the mass and concentration of such constituents in the waste stream
discharge during that calendar month; and
(3) an estimation of the mass constituents in the waste stream expected to be discharged
during the following twelve (12) months.
In the case of any notification made under this Subsection, the Industrial User shall certify that it
has a program in place to reduce the volume and toxicity of hazardous wastes generated to the
lowest degree possible using the best available technologies and procedures.
(M) Bypass
Bypass is the intentional diversion of waste streams from any portion of an Industrial User's
pretreatment facility. Bypass is prohibited under this Chapter unless:
(1) The bypass was unavoidable to prevent the loss of life, personal injury, or substantial
physical damage to property, damage to the treatment facilities which causes them to
become inoperable, or substantial and permanent loss of natural resources which can
reasonably be expected to occur in the absence of a bypass (but severe property
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damage does not mean economic loss caused by delays in production); and
(2) There were no reasonable alternatives to the bypass, such as the use of auxiliary
treatment facilities, retention of untreated wastes, or proper maintenance during periods
of equipment downtime to prevent failure; and
(3) The Industrial User submitted a notice of an anticipated bypass and received a
written approval from the Control Authority, or the Industrial User submitted an oral
notice of an unanticipated bypass within 24 hours, and a written submission within 5
days of the time the Industrial User becomes aware of the bypass. Such written
submission shall include:
(a) a description of the bypass and its cause; and
(b) the duration of the bypass, including exact dates and times, and, if the bypass
has not been corrected, the anticipated time it is expected to continue; and
(C) the steps taken or planned to reduce, eliminate, and prevent reoccurrence of
the bypass.
The Control Authority may approve an anticipated bypass, after considering its adverse
effects, if the Control Authority determines that it will meet the three conditions listed above
under (1) (2) and (3).
SECTION 24-6.8 VALIDITY
(A) Repeal of Conflicting Ordinance
All Ordinances or parts of Ordinances or regulations or parts of regulations inconsistent with
or in conflict with this Ordinance are hereby repealed to the extent of such inconsistency or
conflict.
(B) Invalidation Clause
Invalidity of any Section, clause, sentence, paragraph, word or provision in this Ordinance shall
not affect the validity of any other Section, clause, sentence, paragraph, word, or provision
of this Ordinance which can be given effect without such invalid part or parts.
(C) Amendment
The City of Oshkosh, through its duly qualified officers, reserves the right to amend this
Ordinance in part or in whole whenever it may deem necessary, but such right will be
exercised in compliance with statutory notice and publication requirements.
SECTION 24-6.9 ANNUAL AUDIT
The City of Oshkosh shall conduct an annual audit, the purpose of which shall be to reestablish the
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equity and adequacy of the Wastewater Service Charges and of the Industrial Wastewater Discharge
Program charges.
SECTION 24-7.0 MERCURY MINIMIZATION PROGRAM
The City of Oshkosh is required by the Wisconsin Department of Natural Resources to maintain a
program dedicated to reducing mercury in the environment. The City has developed a policy to assist in
this effort. The policy contains requirements for known sectors which have the potential to discharge
mercury. These sectors include but are not limited to:
(A) Dental offices which place/remove amalgam,
(B) School facilities
(C) Medical facilities
(D) Industrial facilities
A current copy of the policy is available by contacting the Industrial Pretreatment Coordinator.
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