No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.

   Stormwater 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 authorized City representative. Industrial cooling water or unpolluted process waters may be discharged on approval of the authorized City representative to a storm sewer, combined sewer, or natural outlet.

   No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

   1.   Flammables. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.

   2.   Toxic or Poisonous Waste. Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interactions with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant.

   3.   Corrosive Wastes. Any waters or wastes having a pH lower than five point zero or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewerage system and wastewater treatment works.

   4.   Solid or Viscous Substances. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewerage system and wastewater treatment works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshing’s, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

   No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely, in the opinion of the authorized City representative, that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming an opinion as to the acceptability of these wastes, the authorized City representative will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the wastewater treatment works, degree of treatability of wastes in the wastewater treatment works, and maximum limits established by regulatory agencies. The substances prohibited are:

   1.   High Temperature. Any liquid or vapor having a temperature higher than 150ºF (65ºC).

   2.   Oily or Toxic Wastes. Any waters or wastes containing toxic or poisonous materials; or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32ºF and 150ºF (0ºC to 65ºC).

   3.   Garbage. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower or greater shall be subject to the review and approval of the authorized City representative.

   4.   Acids. Any waters or wastes containing strong acid, iron pickling wastes, or concentrated plating solutions, whether neutralized or not.

   5.   Plant Design Limit. Any waters or wastes containing iron, chromium, copper, zinc, or similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the authorized City representative for such materials.

   6.   Odor or Taste. Any waters or wastes containing phenols or other taste or odor producing substances, in such concentrations exceeding limits which may be established by the authorized City representative as necessary, after treatment of the composite sewage, to meet the requirements of State, federal, or other public agencies of jurisdiction for such discharge to the receiving waters.

   7.   Radioactive Wastes. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the authorized City representative in compliance with applicable State or federal regulations.

   8.   pH.

   Any waters or wastes having a pH less than five point five or greater than nine point five, or wastewater having any other corrosive properties (i.e. H 2 S) capable of causing damage or hazard to structures, equipment, or personnel of the wastewater facilities.

   9.   Mercury. Any mercury or any of its compounds in excess of 0.005 mg/l as Hg at any time except as permitted by the authorized City representative in compliance with applicable State or federal regulations.

   10.   Cyanide. Any cyanide in excess of 0.025 mg/l at any time except as permitted by the authorized City representative in compliance with applicable State and federal regulations.

      A.   Unusual concentrations of inert suspended solids (such as, but not limited to, fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).

      B.   Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).

      C.   Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.

      D.   Unusual volume of flow or concentration of wastes constituting “slugs” as defined herein.

   12.   Untreatable Wastes. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the wastewater treatment works effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

   13.   Excessive Load. Any waters or wastes having: (i) a five-day BOD greater than 300 parts per million by weight, or (ii) containing more than 350 parts per million by weight of suspended solids, or (iii) having an average daily flow greater than two percent of the average sewage flow of the City, or (iv) having wastewater concentrations greater than normal as determined by sampling and testing of a user’s wastewater discharge, shall be subject to the review of the authorized City representative. Where necessary, in the opinion of the authorized City representative, the owner shall provide, at said owner’s expense, such preliminary treatment as may be necessary to (1) reduce the biochemical oxygen demand to 300 parts per million by weight, or (2) reduce the suspended solids to 350 parts per million by weight, or (3) control the quantities and rates of discharge of such waters or wastes. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the authorized City representative and no construction of such facilities shall be commenced until said approvals are obtained in writing.

   If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 97.01, 97.03, and 97.04 of this chapter or which are in violation of the standards for pretreatment provided in Chapter 1, EPA Rules and Regulations, Subchapter D, Water Programs Part 128 - Pretreatment Standards, Federal Register Volume 38, No. 215, Thursday, November 8, 1973, and any amendments thereto, and which in the judgment of the authorized City representative, may have a deleterious effect upon the sewage system and wastewater treatment works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the authorized City representative may:

   1.   Rejection. Reject the wastes;

   2.   Pretreatment. Require pretreatment to an acceptable condition for discharge to the public sewers;

   3.   Controlled Discharge. Require control over the quantities and rates of discharge;

   4.   Added Cost. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Section 97.11; or

   5.   Prohibit. Order the condition to be abated as a public nuisance through the procedures set forth for such action.

   If the authorized City representative permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the authorized City representative and subject to the requirements of all applicable codes, ordinances, and laws.

   All commercial, restaurant, and others involved in food preparation shall have grease, oil, and sand interceptors. Grease, oil, and sand interceptors shall be provided for the proper handling of liquid wastes containing grease in excessive amounts, 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 of a type and capacity approved by the authorized City representative, and shall be located as to be readily and easily accessible for cleaning and inspection. Owners shall maintain records of maintenance and cleaning of grease, oil, and sand interceptors. These records shall be presented to the authorized City representatives upon request.

   Where preliminary treatment or flow-equalizing facilities are provided, they shall be maintained continuously in satisfactory and effective operation by the owner at their expense.

   Each industry shall be required to install a control manhole and, when required by the authorized City representative, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the authorized City representative. The manhole shall be installed by the owner, at the owner’s expense, and shall be maintained by the owner so as to be safe and accessible at all times.

   The owner of any property served by a building sewer carrying industrial wastes shall provide laboratory measurements, tests, and analyses of waters and wastes to illustrate compliance with these chapters and any special conditions for discharge established by the City or regulatory agencies having jurisdiction over the discharge. The number, type, and frequency of laboratory analyses to be performed by the owner shall be as stipulated by the City, but not less than once per year, the industry must supply a complete analysis of the constituents of the wastewater discharge to assure that compliance with the federal, State, and local standards are being met. The owner shall report the results of such measurements and laboratory analyses to the City at such times and in such manner as prescribed by the City. The owner shall bear the expense of all measurements, analyses, and reporting required by the City. At such times as deemed necessary, the City reserves the right to take measurements and samples for analyses by an outside laboratory service.

   All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of Standard Methods and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewerage system and wastewater treatment works and to determine the existence of hazards to life, limb, and property. (The particular analyses involved will determine whether a 24-hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composites of all outfalls whereas pH’s are determined from periodic grab samples).

   No statement in this chapter shall be construed as preventing a special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefore, in accordance with any resolution establishing special rates and charges by the Council, provided such payments are in accordance with federal and State guidelines for user charge system.

   Any industry desiring to introduce wastes into the sewer system, which is not doing so as of the effective date of the ordinance codified by these Sanitary Sewer chapters, or any industry desiring to expand in a manner which will increase its discharge of waste or will change the nature of the waste discharged into the sewer system shall submit to the authorized City representative a report of the amount and character of waste proposed to be discharged into the sewer; said report shall be submitted at least 60 days prior to the first day of discharge into the sewers.

   When the Community Service Director finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Community Service Director may serve upon the user a written notice of violation. Within 48 hours of receipt of this notice, an explanation of the violation and a plan for the satisfactory correction thereof, to include specific required actions, shall be submitted by the user to the Community Service Director. 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. Nothing in this section shall limit the authority of the Community Service Director to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

   The Community Service Director is hereby empowered to enter into consent orders, including more frequent testing as determined by the Community Service Director, assurances of voluntary compliance, or other similar documents establishing an agreement with the user responsible for the noncompliance. Such orders will include specific action to be taken by the user to correct the noncompliance within a time period also specified by the order.

   The Community Service Director may order any user which has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Community Service Director and show cause why a 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 this 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 business days prior to the hearing. Such notice may be served on the 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.

   1.   When the Community Service Director finds that a user is in significant non-compliance and has violated, or continues to violate, any provision of this chapter, 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 recur, the Community Service Director 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 actions as may be needed to properly address a continuing or threatened violation, including halting operations 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.

   2.   The term “significant non-compliance” is defined as follows:

      A.   Technical Review Criteria (TRC) violations, defined here as those in which 33 percent or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the daily maximum limit multiplied by the applicable criteria (one point four for BOD, TSS, oil and grease, and one point two for all other pollutants except pH);

      B.   Any other discharge violation that the City believes has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of City personnel or the general public);

      C.   Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the City’s exercise of its emergency authority to halt or prevent such as discharge;

      D.   Failure to meet, within 90 days after the scheduled date, a compliance milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;

      E.   Failure to provide, within 30 days after the due date, any required reports, including baseline monitoring reports, 90-day compliance reports, periodic self-monitoring report, and report on compliance with compliance schedules;

      F.   Failure to accurately report non-compliance;

      G.   Any other violation(s) which the City determines will adversely affect the operation or implementation of the local pretreatment program.

   The Community Service Director may suspend a wastewater discharge permit for good cause including, but not limited to, the following reasons:

   1.   Misrepresentation or failure to accurately report all relevant facts of wastewater discharge;

   2.   Failure of the user to provide prior notification to the Community Service Director of significantly changed conditions that would negatively impact the operation of the City wastewater treatment facility;

   3.   Tampering with monitoring equipment;

   4.   Refusing to allow the Community Service Director timely access to the facility premises and records;

   5.   Failure to meet effluent limitations and who is in significant non-compliance;

   6.   Failure to report a significant upset, failure, or bypass of user’s pretreatment facilities that would negatively impact the operation of the City wastewater treatment facility;

   7.   Failure to pay fines, fees, or sewer user charges;

   8.   Failure to follow enforcement orders or meet compliance schedules;

   9.   Failure to correct a condition that impedes or alters the POTW’s ability to monitor the user’s discharge or has the potential to cause interference or pass through;

   10.   Falsifying self-monitoring reports;

   11.   Failure to complete a wastewater survey;

   12.   Failure to provide advance notice of the transfer of business ownership of a permitted facility;

   13.   Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter; or

   14.   Failure to cease discharging a waste with physical or chemical characteristics which potentially cause interference or pass through.

Wastewater discharge permits shall be voidable upon cessation of operation or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon issuance of a new wastewater discharge permit to that user.

   When the Community Service Director finds that a user has violated, or continues to violate, any provisions of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Community Service Director may request the Iowa District Court for 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 chapter on activities of the user. The Community Service Director may also seek such other action as is appropriate for legal 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.

   1.   Any person violating any of the provisions of this chapter shall be liable to the City for any damage, loss, cost, or expense occasioned by reason of such violation.

   2.   For a violation of any of the provisions of this chapter, after informal notice, the Community Service Director may:

      A.   Take necessary measures to correct and abate such violation, and the Community Service Director is authorized to enter on private property to do so;

      B.   Order the service to the premises involved discontinued and authorize the disconnection of any tapping or connection made to the wastewater system of the City. In the event a violation of the provisions of this chapter creates an immediate hazard to the wastewater facilities or to the operation thereof, or to the health and safety of any person or to the preservation and protection of any property, the Community Service Director is authorized and directed to perform all necessary acts, without prior notice or hearing, to correct and abate such violations and may enter on private property to do so.

   3.   The cost of any corrective measures required under the provisions of this section shall be a lien on the property served by the wastewater facilities in connection with which such violation has occurred and shall be levied and collected by the Council as ordinary taxes.

   4.   In addition to any other remedies provided for in this chapter, the City may bring suit to collect any sums due it, including user charges and cost recovery charges, from the person or persons incurring the liability for the payment of such charges.

   The Community Service Director may immediately suspend a user’s discharge after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause imminent or substantial endangerment to the health or welfare of persons. The Community Service Director may also immediately suspend a user’s discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the Publicly Owned Treatment Works (POTW), or which presents, or may present, an endangerment to the environment.

   1.   Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the Community Service Director may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize significant damage that would negatively impact the operation of the City wastewater treatment facility, its receiving stream, or endangerment to any individuals. The Community Service Director may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Community Service Director that the period of endangerment has passed, unless termination proceedings are initiated against the user.

   2.   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 measures taken to prevent any future occurrence, to the Community Service Director prior to the date of any show cause or termination hearing. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

   In addition to the provisions in Section 97.14, any user who violates the following conditions is subject to discharge termination:

   1.   Failure to accurately report the wastewater constituents and characteristics of its discharge;

   2.   Failure to report significant changes in operation or wastewater volume, constituents, and characteristics prior to discharge;

   3.   Refusal of reasonable access to the user’s premises for the purpose of inspection, monitoring, or sampling; or

   4.   Violation of the pretreatment standards.

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause why the proposed action should not be taken. Exercise of this option by the Community Service Director shall not be a bar to, or a prerequisite for, taking any other action against the user.

   Any user who violates any provisions of this chapter or any order or permit issued hereunder, shall be liable for a civil penalty of not more than $1,000.00 for each violation plus actual damages incurred by the Publicly Owned Treatment Works (POTW) per violation per day for as long as the violation continues. Each day in which such violation shall continue shall be deemed a separate offense. In addition to the above-described penalty and damages, the Community Service Director may recover reasonable attorney’s fees, court costs, and other expenses associated with the enforcement activities, including sampling and monitoring expenses.

   1.   Any user who willfully or negligently violates any provision of this chapter or any orders or permits issued hereunder shall be in violation of this Code of Ordinances, and each day in which any such violation continues shall be deemed a separate offense.

   2.   Any user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other document files or required to be maintained pursuant to this chapter, or wastewater discharge permit, or who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required under this chapter shall be in violation of this Code of Ordinances, and each day in which any such violation continues shall be deemed a separate offense.

   The remedies provided for in this chapter are not exclusive. The Community Service Director may take any, all, or any combination of the actions against a noncompliant user. However, the Community Service Director may take further action against any user when circumstances warrant. Further, the Community Service Director is empowered to take more than one enforcement action against any noncompliant user.