HomeMy WebLinkAbout~Master - Adopting Non-Domestic Waste Pretreatment Program Revisions ORDINANCE NO. 3209
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE
CITY OF AMES, IOWA, BY REPEALING DIVISION III OF
CHAPTER 28; ENACTING A NEW DIVISION III OF CHAPTER
28 FOR THE PURPOSE OF MAKING TECHNICAL AMENDMENTS
AND REVISING SEWAGE TREATMENT CONTRACT
PROCEDURES; AMENDING ORDINANCE #3199; REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH; ESTABLISHING
A PENALTY AND SETTING AN EFFECTIVE DATE.
BE IT ORDAINED, by the City Council for the City of Ames, Iowa:
Section One. The Municipal Code for the City of Ames, Iowa shall
be and is hereby amended by repealing Division III of Chapter 28 as it
now exists and reenacting a new Division III of Chapter 28 as follows:
"DIVISION III
SEWERS
Sec. 28.301. SEWER RATE POLICY.
It is determined and declared to be necessary and condu-
cive to the protection of the public health, safety, welfare,
and convenience of the City of Ames to collect charges from
all users who contribute wastewater to the City's treatment
works. The proceeds of such charges so derived will be
used for the purpose of operating, maintaining, and retiring
the debt for such public wastewater treatment works.
Sec. 28.302. DEFINITIONS.
Unless the context specifically indicates otherwise, the
meaning of terms used in this ordinance shall be as follows:
(1) 'CBOD' (denoting Carbonaceous Biochemical Oxygen De-
mand) shall mean the quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard
laboratory procedure in five (5) days at 20°C, ex-
pressed in milligrams per liter (mg/1) .
(2) 'NH3' or 'NH3-NI (denoting Ammonia) shall mean that
portion of nitrogen in the form of proteins or intermedi-
ate decomposition products which is determined by stan-
dard laboratory procedure for analysis of ammonia nitro-
gen, expressed in milligrams per liter (mg/1) .
(3) 'Normal Domestic Wastewater' shall mean wastewater that
has a BOD concentration of not more than 250 mg/1 aver-
age and 400 mg/1 maximum; and a suspended solids con-
centration of not more than 300 mg/1 average and 450
mg/1 maximum; and an ammonia concentration of not more
than 40 mg/1 average and 60 mg/1 maximum.
(4) 'Operation and Maintenance' shall mean those functions
that result in expenditures during the useful life of the
treatment works for materials, labor, utilities, and
other items which are necessary for managing and for
which such works were designed and constructed. The
term 'operation and maintenance' includes replacement as
defined in (6) .
(5) 'POTW' shall mean publicly-owned treatment works.
(6) 'Replacement' shall mean expenditures for obtaining and
installing equipment, accessories, or appurtenances which
are necessary during the useful life of the treatment
works to maintain the capacity and performance for
which such works were designed and constructed.
(7) 'Residential User' shall mean any contributor to the
City's treatment works whose lot, parcel or real estate,
or building is used for domestic dwelling purposes only.
(8) 'Shall' is mandatory; 'May' is permissive.
(9) 'SS' (denoting Suspended Solids) shall mean solids that
either float on the surface of or are in suspension in
water, sewage, or other liquids and which are removable
by laboratory filtering, as expressed in milligrams per
liter (mg/1) .
(10) 'Treatment Works' shall mean any devices and systems
for the collection, storage, treatment, recycling, and
reclamation of municipal sewage, domestic sewage, or
liquid industrial wastes. These include intercepting
sewers, outfall sewers, sewage collection systems, pump-
ing, power, and other equipment and their appurtenanc-
es; extensions, improvement, remodeling, additions and
alterations thereof; elements essential to provide a
reliable recycled supply such as standby treatment units
and clear well facilities; and any works, including site
acquisition of the land that will be an integral part of
the treatment process or is used for ultimate disposal of
residues resulting from such treatment (including land
for composting sludge, temporary storage of such com-
post, and land used for the storage of treated wastewater
in land treatment systems before land application); or
any other method or system for preventing, abating,
reducing, storing, treating, separating, or disposing of
municipal waste or industrial waste.
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(11) 'Useful Life' shall mean the estimated period during
which a treatment works will be operated.
(12) 'User Charge' shall mean that portion of the total
wastewater service charge which is levied in a propor-
tional and adequate manner for the cost of operation,
maintenance, and replacement of a designated part of the
wastewater treatment works.
(13) 'Water Meter' shall mean a water volume measuring and
recording device.
Sec. 28.303. USE OF RATE REVENUE.
The user charge system shall generate adequate annual
revenues to pay costs of annual operation and maintenance,
including replacement, and costs associated with debt retire-
ment of bonded capital associated with financing the treatment
works which the City may by ordinance designate to be paid
by the user charge system. That portion of the total user
charge which is designated for operation and maintenance,
including replacement of the treatment works, shall be estab-
lished by this ordinance.
That portion of the total user charge collected which is
designated for operation and maintenance, including replace-
ment, shall be deposited in a separate non-lapsing fund
known as the WPC Operation,Maintenance and Replacement
Fund.
Fiscal year-end balances in the operation, maintenance,
and replacement fund shall be used for no other purposes
than those designated. Monies which have been transferred
from other sources to meet temporary shortages in the opera-
tion, maintenance, and replacement fund shall be returned to
their respective accounts upon appropriate adjustment of the
user charge rates for operation, maintenance, and replace-
ment. The user charge rate(s) shall be adjusted such that
the transferred monies will be returned to their respective
accounts within six months of the fiscal year in which the
monies were borrowed.
Sec. 28.304. SEWER RATES ESTABLISHED.
(1) Each user shall pay for the services provided by the City
based on his use of the treatment works as determined
by water meter readings or other appropriate methods
acceptable to the City.
(2) For all users, monthly user charges shall be based on
actual water usage, except where a practical method of
wastewater measurement is available. If a user has a
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consumptive use of water, or in some other manner uses
water which is not discharged into the wastewater collec-
tion system, the user charge for that contributor may be
based on readings of a wastewater meter(s) or separate
water meter(s) installed and maintained at the user's
expense and in a manner acceptable to the City.
(3) The minimum charge per month shall be $3.00 for the
first 100 cubic feet of water used per month. In addi-
tion, for all water metered after the first 100 cubic
feet per month, each user shall pay:
(a) a treatment user charge rate for operation and
maintenance, including replacement, of $0.24/100 cu.
ft. of water used per month,
(b) a sewer user charge rate for operation and mainte-
nance, including replacement, of $0.30/100 cu. ft.
of water used per month,
(c) a capital charge rate for debt retirement of
$.87/100 cu. ft. of water used per month
The sewer user charge and the capital charge may be
adjusted to better reflect actual benefit to the contrib-
utor.
(4) For those users whose wastewater has a greater strength
than normal domestic sewage, a surcharge in addition to
the normal user charge will be collected. The surcharge
for operation and maintenance including replacement is:
Surcharge per
Parameter Extra-Strength Rate mg/l of Extra Strength
CBOD $0.08/lb. $0.00050/100 cf
SS $0.14/lb. $0.00088/100 cf
NH3 $0.20/lb. $0.00125/100 cf
(5) (a) The City shall be responsible to initially determine
which users have wastewater discharges with
strengths greater than normal domestic sewage.
Any costs for this initial determination shall be
the responsibility of the City. Based upon this
initial determination , the City shall notify the
user of the surcharge rate to be charged each
month during the next year or until the next ana-
lytical data set is submitted.
(b) Any user so identified by the City shall submit at
least once each year an analytical data set for each
discharge point showing the concentrations for
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CBOD, SS, and NH3. This data set shall be collect-
ed in three consecutive 24-hour samples of the
wastewater discharge during a typical work week.
These samples shall be representative of the dis-
charge from the user. After the initial determina-
tion, all costs for sample collection, analysis, and
reporting shall be the responsibility of the user.
If any facilities are needed in order to obtain
representative samples, the user shall also be
responsible for all costs of any facilities needed.
(c) Any user may submit more than one analytical data
set each year. These additional data sets shall be
used to modify or revise the surcharge rate as
appropriate. The revised surcharge rate shall be
implemented at the first full billing cycle follow-
ing the receipt of the data set. All costs for
these additional data sets shall be the responsibil-
ity of the user.
(d) All sample collection and analytical work shall be
done by competent individuals or firms regularly
involved in wastewater collection and analysis. All
samples and analyses shall comply with the proce-
dures specified in 40 Code of Federal Regulations
(hereinafter referred to as CFR) 136. Any data
sets which do not meet this requirement shall be
rejected.
(6) Any user which discharges any toxic pollutants which
cause an increase in the cost of managing the effluent or
the sludge from the City's treatment works, or any user
which discharges any substance which singly or by inter-
action with other substances causes identifiable increas-
es in the cost of operation, maintenance, or replacement
of the treatment works, shall pay for such increased
costs. The charge to each such user shall be as deter-
mined by the appropriate financial personnel and ap-
proved by the City Council.
(7) The City will review the user charge system at least
every two years and revise user charge rates as neces-
sary to ensure that the system generates adequate reve-
nues to pay the costs of operation and maintenance in-
cluding replacement and that the system continues to
provide for the proportional distribution of operation
and maintenance including replacement costs among us-
ers.
The City will notify each user at least annually, in
conjunction with a regular bill, of the rate being
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charged for operation and maintenance including replace-
ment of the treatment works.
(8) Where a customer wishes to use water for watering a
lawn or garden, filling a swimming pool, or for existing
single-pass air conditioning or other such use and that
water does not reach the sanitary sewer system, the
customer may at his option apply for and have installed a
'yard meter'.
A 'yard meter' is defined as a second water meter or
sub-meter on the premises installed downstream of the
first or master water meter. It will be so placed as to
meter outdoor water use described above which does not
reach the sanitary sewer system. The 'yard meter' shall
have a remote reading register outdoors as required for
the master water meter.
The full cost of the 'yard meter' and any associated
plumbing changes shall be the responsibility of the
customer. The 'yard meter' shall be furnished and
owned by the City and so located as to be easily accessi-
ble at all times. Maintenance and replacement of the
'yard meter' shall be governed by the same requirements
applying to all other water meters owned by the City.
The sewer service charge will be billed only on the
difference between the two water meter readings. No
minimum monthly bill for either water or sewer service
shall apply to the 'yard meter'.
(9) Where a 'yard meter' is not installed, but it appears in
any month that more than two thousand (2,000) cubic
feet of water was used by the customer in a way that
the water did not reach the sanitary sewer, that amount
of water shall be exempt from the sewer rate on applica-
tion to the city manager.
(10) The user charge ordinance shall take precedence over
any terms or conditions of agreements of contracts which
are inconsistent with the requirements of Section
204(b)(1)(A) of the Federal Water/Pollution Control Act
and 40 CFR Part 35 dated February 17, 1984.
(11) The sewer rates established and stated herein are deter-
mined by the system for development of proportional
user charges set out, with representative computations,
as Appendix M to the Ames Municipal Code.
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Sec. 28.305. SEWER SERVICE, CONNECTION CHARGE.
There is established hereby, as a fee for connection to
the sanitary sewer main, a charge to be computed at the rate
of $12.00 per lineal foot of property adjacent to and served
by the sewer main, with a minimum charge of seven hundred
eighty dollars ($780.00) per lot or land parcel; provided that
no sewer utility special assessment or connection fee has been
imposed and paid previously with respect to said land and the
main was financed with funds of the city.
Sec. 28.306. GENERAL PROHIBITIONS FOR WASTE DISPOS
AL IN THE SEWER.
No utility customer shall place, throw, dump, empty or
deposit into the municipal sewerage system any of the follow-
ing:
(1) Any liquid, solid or gases which may cause fire or explo-
sion either alone or in combination with other substanc-
es, or any wastestreams with a closed cup flashpoint of
less than 140°F using the methods in 40 CFR 261.21.
(2) Solid or viscous substances which may cause obstruction
to the flow in the sewer or other interference with the
operation of the treatment facility;
(3) Any wastewater which has a pH less than 6.0 or higher
than 10;
(4) Any wastewater containing anything in liquid, solid or
vapor form, in sufficient quantity, either singly or in
combination, to inhibit or interfere with any wastewater
treatment or sludge disposal process, constitute a hazard
to humans or animals, create toxic gases, vapors or
fumes that may cause acute worker health and/or safety
problems, create a toxic effect in the receiving stream,
or by "pass through" exceed any standard set by the
Iowa Department of Natural Re$ources or the U.S. Envi-
ronmental Protection Agency.
(5) Any substance which either singly or in combination is
sufficient to create a public nuisance or hazard to life
or interferes with the possible reclamation or reuse of
the wastewater or sludges.
(6) Any trucked or hauled pollutants, except at discharge
points designated by the city when delivered by licensed
haulers.
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(7) Petroleum oil, nonbiodegradable cutting oil, or products
of mineral oil origin in amounts that will cause inter-
ference or pass through.
(8) Heat in amounts which will inhibit biological activity in
the POTW resulting in interference, but in no case heat
in such quantities that the temperature at the POTW
exceeds 40°C (1040F) .
(9) Any pollutant, including oxygen demanding pollutants
(BOD, etc) released in a discharge at a flow rate and/or
concentration which will cause interference with the
POTW.
(10) Any wastewater which the Director of the Water and
Pollution Control Department determines to be unaccept-
able based on a case-by-case analysis.
Any violation of this section is a municipal infraction.
Sec. 28.307. INDUSTRIAL PRETREATMENT REQUIREMENTS.
All discharges of wastewater, gases, or solids which are
not similar to domestic sewage shall meet the following pre-
treatment requirements.
(1) City of Ames Non-Domestic Waste Pretreatment Program
as adopted and amended from time to time by city coun-
cil resolution.
(2) This section adopts by reference the following sections
of the General Pretreatment Regulations for Existing and
New Sources of Pollution promulgated by the United
States Environmental Protection Agency, 40 Code of
Federal Regulations, Chapter I, Part 403 as published
through July 1, 1989 as amended on October 17, 1989
and July 24, 1990 as the City's pretreatment regulations.
These sections included 403.2, 403.3, 403.4, 403.5,
403.6, 403.7, 403.8, 403.12, 403.15, 403.16 and 403.17.
(a) This section adopts by reference the categorical
pretreatment standards set out in 40 CFR 405-471.
(b) This section adopts by reference the testing proce-
dures for wastewater analysis set out in 40 CFR 136.
(c) This section adopts by reference sections 307(b) and
(c) and 402(b)(8) of the Federal Water/Pollution
Control Act as amended through July 1, 1990.
(3) Any industrial, commercial or other utility customer
which discharges any sewage, industrial waste or other
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waste to the municipal sanitary sewer system shall comply
with all regulations or requirements of the Iowa Depart-
ment of Natural Resources and/or the U.S. Environmen-
tal Protection Agency. Where regulations have not been
set by those agencies, the Director of Water and Pollu-
tion Control shall establish pretreatment requirements to
obtain the following objectives:
(a) To prevent the introduction of pollutants which will
interfere with the treatment plant operation or
contaminate the resulting sludge;
(b) To prevent the introduction of pollutants which will
pass through the system, inadequately treated, into
the receiving waters or the atmosphere or otherwise
be incompatible with the system; and
(c) To improve the opportunity to recycle and reclaim
wastewaters and sludges from the system.
(4) Any costs for pretreatment flow measuring, or monitor-
ing facilities or analytical systems or tests to meet the
pretreatment regulations shall be the responsibility of
the customer.
(5) Any cost to the city including increased operation or
maintenance expenditures or fines levied by the State or
Federal agencies which result from the discharge from
any utility customer shall be assessed to that customer.
In the event more than one utility customer is responsi-
ble, the cost shall be prorated among those responsible.
(6) No utility customer may expand their process or operation
if that expansion results in a discharge which exceeds
any limitation established for their discharge or results
in the discharge of some other substance which will
violate any provision of the pretreatment regulations
unless their plans for expansion are approved by the
Director of Water and Pollution Control at least 6 months
prior to the planned expansion.
(7) All users who are significant or minor non-domestic waste
contributors as defined in the revised Ames Non-Domes-
tic Waste Pretreatment Program shall have obtained a
permit from the city pursuant to said program before
discharging non-domestic wastewaters. Any contributor
now discharging pursuant to a contract shall be issued a
permit within six (6) months of approval of the revised
Ames Non-Domestic Waste Pretreatment Program.
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(8) Failure to meet the standards and requirements of this
section or of section 28.306 shall be a municipal infrac-
tion punishable by a penalty of up to $1,000 for the
first and each subsequent violation, provisions of Sec.
1.9 of the Ames Municipal Code notwithstanding. Each
occurrence of prohibited discharge is a violation. The
Director of the Water and Pollution Control Department
shall be the City Manager's designee to administer and
enforce the provisions of Sec. 28.306 and 28.307, which
shall include the authority to conduct related inspec-
tions, surveillance and monitoring; and to terminate city
sewer service for non-compliance with the City Code."
Section Two. Ordinance #3199 is amended to incorporate
amendments to Chapter 28 as set out in Ordinance Nos. 3131, 3167,
3168, 3180 and 3204.
Section Three. All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict, if any.
Section Five. This ordinance shall be in full force and effect
from and after its passage and publication as required by law.
Passed this 8th day of December 92.
�j
Sandra L. Ryan, City Clerk Larry Curtis, Mayor
(oszia)
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