Every act or thing done or made, permitted, allowed or continued in violation of the provisions of this chapter, shall be deemed a nuisance. (1958 Code, ch. X, art. 4, sec. 13)

Whenever any owner or agent of the owner of any building shall rent, lease or hire out to be occupied any building or part or parts thereof as a home or residence for more than one family living independently of one another, or a building to different persons for stores and offices in said building, giving to each the common right to halls, yards, water closets or privies, or some of them, then such owner or agent shall be liable for the conditions of said halls, yards, water closets, or privies, and the said owner or agent may be made defendant in a prosecution for the violation of the provisions hereof. (1958 Code, ch. X, art. 3, sec. 4)

   (A)   Disposition Of Dead Animals: Every person being the owner of or having in his possession or under his control or charge any horse or other animal which shall in any manner come to his death, shall immediately remove or have removed the body or carcass of such horse or other animal, to the place provided for the disposition of such carcasses.

   (B)   Bins And Vaults For Animal Refuse: Every person owning, leasing or occupying any stall, stable or compartment where any horse or any cattle or mule shall be kept, and every owner of any horse, mule or head of cattle shall contain a durably made receptacle, bin, vault or cellar which must be so constructed as to preserve the contents at all times dry, free from rain and other moisture, and of such nature and character as to preclude the contamination of the atmosphere or the passage or breeding of flies; in which receptacles shall be placed all manure or refuse from such horse, mule or cattle.

   (C)   Offensive Animal Enclosures: It shall be unlawful for the owner, agent or occupant of any livery stable, cattle yard, or shed, barn, slaughterhouse or rendering establishment or structure of any kind, or for any person having charge of any stable, stall, shed, apartment or yard in which any animal shall be kept or in any place in which manure or liquid discharge of any animals shall accumulate or collect, to permit the same to be kept in an unclean or unsanitary condition or to become nauseous, foul or offensive.

   (D)   Offensive Animals And Fowl 1 : No person owning, occupying or having charge of any building, stable or other premises shall keep or allow to be kept thereon any fowl, dog or other animal which shall by barking or other noise, or by offensive kennel or other place of keeping, disturb the quiet or repose or the purity of the air in the living rooms of those thereon or in the vicinity thereof, to the detriment of the life, health or comfort of any person.

   (E)   Burning Animal Refuse: It is hereby declared a nuisance to burn any refuse, manure or animal or poultry droppings and feathers within the City limits. (Ord. 2197, 3-16-87)

(Rep. by Ord. 2132, 12-17-84)

It shall be unlawful for any person to permit any cellar, vault, private drain, pool, privy, sewer or grounds upon any premises belonging to or occupied by him to become nauseous, foul, offensive or injurious to the public health. (1958 Code, Ch. X, Art. 3, Sec. 1)

No person shall throw into or deposit in any closet, vault, sink, privy or cesspool any offal, ashes, garbage, swill or any similar substance. (1958 Code, Ch. X, Art. 3, Sec. 8)

If any person shall suffer or permit any watercourse or ditch used for the purpose of carrying water to or from any building, lot or premises belonging to or occupied by him, to overflow or undermine, or otherwise to injure or obstruct any street, land, avenue, or alley, or to overflow or undermine, or otherwise injure any house, lot or premises, such person shall be deemed the author of a nuisance, and upon conviction, shall be fined in any sum not exceeding fifty dollars ($50.00) and a like fine for every twenty four (24) hours the same shall continue after notice has been given by any officer of the City to abate the same. (1958 Code, Ch. X, Art. 3, Sec. 5)

No person shall deposit on any street, alley, private or public place any dirt, brick or other material in such manner as to obstruct the free flow along any gutter. (1958 Code, Ch. X, Art. 3, Sec. 5)

   (A)   Unlawful Accumulation of Litter: No person, owner, agent, lessee or occupant of any building, yard or lot of ground shall allow to accumulate or remain in or on said building, yard or lot of ground, any putrid or unsound meat, pork, fish, hides, decayed vegetables or food, manure, filthy ash heaps, garbage, offal, rubbish, dirt or filth of any kind. (1958 Code, Ch. X, Art. 3, Sec. 3)

   (B)   Accumulation of Refuse: It shall be unlawful for any person to permit vegetable waste, litter, garbage, filth or refuse of any nature, kind or description detrimental to health to accumulate within or upon any private alley, yard or area. (1958 Code, Ch. X, Art. 4, Sec. 3)

   (A)   Leaky Drains and Stagnant Liquids: No person shall allow any drain from any building or land of which he is the owner or occupant to leak, to be out of repair or to remain clogged, nor shall any person suffer sewage or waste or stagnant liquids to remain in any building or upon any land of which he is the owner or occupant. (1958 Code, Ch. X, Art. 3, Sec. 7)

   (B)   Liquid Tight Tanks: No person shall carry or convey in any vehicle any earth, sand, gravel, dirt, rubbish, ashes, manure or any loose fluid or semi-fluid, or offensive articles or matter, or any articles whatever, so that the same shall be scattered, dropped or spilled therefrom, and all vehicles conveying foul, dusty or offensive matter of any sort shall have liquid tight bodies. (1958 Code, Ch. X, Art. 3, Sec. 10)

No person shall throw or deposit on any premises any animal or vegetable substance, manure or any material whatsoever that is putrid or offensive, or that is liable to become so. (1958 Code, Ch. X, Art. 3, Sec. 9)

   (A)   Illegal Depository of Waste Matter: No person shall throw or let fall or allow to be thrown any refuse, liquid or solid or any water that has been used, swill, garbage, rubbish, ashes or any animal or vegetable matter, into or upon any street, alley, ditch or public place, premises or open lot. (1958 Code, Ch. X, Art. 3, Sec. 11)

   (B)   Waste Products to be Moved: No person in conducting or carrying on any business or employment shall permit to be placed or to remain on his premises any blood, bones, offal, filth, swill, slops, decayed fruits, vegetables or animal substances, or other offensive matter for a longer period than twelve (12) hours. (1958 Code, Ch. X, Art. 3, Sec. 12)

No person shall use the sidewalks, streets or gutters of the City as a drainage to carry off any water that has been used, or other fluids or soap suds or dye stuffs or liquid manures or any other liquids, whether from privies or otherwise. (1958 Code, Ch. X, Art. 3, Sec. 14)

   (A)   The occupant of any and all dwelling houses shall maintain a durably made garbage receptacle, constructed in such manner as to preclude the contamination of the atmosphere or the passage and breeding of flies, in which receptacle shall be placed all putrid and unsound meat, decayed vegetables, and food, garbage, offal, rubbish, dirt or filth of any kind, which by its decay or putrefaction could or would become detrimental to health. (1958 Code, Ch. X, Art. 3, Sec. 18)

   (B)   Defective Waste Receptacles: It shall be unlawful for any person to cause or permit any unclean, stinking, foul, defective or filthy drain, ditch, tank, gutter or any leaking or broken slop, garbage or manure box or receptacles of similar character to remain on his premises. (1958 Code, Ch. X, Art. 4, Sec. 2)

(Rep. by Ord. 2132, 12-17-84)

   (A)   Placing Debris in Streets, Alleys or Public Easements: No person shall wilfully or negligently deposit or throw from any vehicle or place upon or alongside any highway, street, alley or easement used by the public for public travel any debris, paper, litter, glass bottles, glass, nails, tacks, hooks, cans, barbed wire, boards, trash or garbage, lighted materials or other waste substances. (1958 Code, Ch. X, Art. 3, Sec. 20)

   (B)   Placing Debris on Public or Private Property: No person shall wilfully or negligently deposit upon any public or private property within the City any debris, papers, litter, glass bottles, glass, nails, tacks, hooks, cans, barbed wire, boards, trash, garbage, lighted materials or other waste substances on any place not authorized by the State, County, City or the owner of the private property. (1958 Code, Ch. X, Art. 3, Sec. 21)

Where a nuisance exists upon property, and is the outgrowth of the usual, natural or necessary use of the property, the landlord thereof or his agent, the tenant or his agent, and all other persons having control of the property on which such nuisance exists, shall be deemed to be the authors thereof, and shall be equally liable therefor; but where any such nuisance shall arise from the unusual or unnecessary use to which such property may be put, or from business thereon conducted, then the occupants, and all other persons contributing to the continuance of such nuisance, shall be deemed the authors thereof. (1958 Code, Ch. X, Art. 4, Sec. 15)

In case of neglect or refusal of any person to abate any nuisance defined herein, after notice in writing has been served upon him as hereinafter provided and within the time in said notice specified, the Health Officer shall abate or procure the abatement thereof, and the expense of such abatement shall be collected from the person so offending.

In order to carry out the provisions of this Chapter, the Health Officer may serve a written notice upon the owner, occupant or agent of any lot, building or premises in or upon which any nuisance may be found, or upon him who may be the cause of such nuisance, requiring him to abate the same in such manner as the health officer may direct, and within a reasonable time to be fixed in the notice; and failure to give a notice as provided herein shall not relieve the author of any nuisance from the obligation to abate such nuisance, or from the penalty provided for the maintenance thereof. (1958 Code, ch. X, art. 4, sec. 16)

   (A)   It shall be the duty of the health officer to ascertain and cause all nuisances declared to be such in this chapter to be abated, and he shall have authority, either by himself or by his agents or deputies, in the daytime, to enter any house, stable, store or building in order to make a thorough examination of cellars, vaults, sinks or drains; to enter upon all lots and ground and cause all stagnant waters to be drained off, and pools, sinks, vaults, drains, holes or low grounds to be cleansed, filled up or otherwise purified, and to cause all noisome substances to be abated or removed.

   (B)   The Twin Falls City Manager shall be the designated Health Officer for the City of Twin Falls, with all powers and duties for this position as found within the City Code. (1958 Code, ch. X, art. 4, sec. 17; amd. Ord. 2024-009, 8-12-2024)

   (A)   General Rules: All reasonable precautions shall be taken to prevent particulate matter from becoming airborne. In determining what is reasonable, consideration will be given to factors such as the proximity of particulate emitting operations to human habitations and/or activities and atmospheric conditions which might affect the movement of particulate matter. Some of the reasonable precautions may include, but are not limited to, the following:

      1.   Use Of Control Equipment: Installation and use of hoods, fans, fabric filters or equivalent systems to enclose and vent the handling of dusty materials. Adequate containment methods should be employed during sandblasting or other operations.

      2.   Covering Of Trucks: Open trucks transporting materials which may potentially release particulate matter must be covered.

      3.   Removal Of Materials: Prompt removal of earth or other stored material from streets.

   (B)   Visible Emissions: No owner, occupant or tenant shall permit the discharge of any particulate matter into the atmosphere from any construction site, development site, unpaved parking lot, industrial yard, vacant lot or maneuvering areas where the emission becomes a public nuisance, health hazard or safety hazard.

Prima facia evidence of a public nuisance, health hazard or safety hazard shall exist if the emission for a period or periods aggregating more than thirty (30) seconds in any sixty (60) minute period is greater than fifty percent (50%) opacity as determined by procedures specified in 40 CFR 60, appendix A, method 9, appendix A, method 22, or a state of Idaho approved equivalent method.

   (C)   Control Methods: Control methods may include, but are not limited to, the following:

      1.   Dust Palliative: Use of water or other environmentally safe dust palliative for control of dust in the demolition of existing buildings or structures, construction operations, the grading of roads, or the clearing of land. The use of water resulting in mud on public streets will not be permitted. Any mud or spillage shall be immediately removed.

      2.   Dust Suppressants: Dust suppressants (such as water or other environmentally safe dust palliative) must be used to control the release of particulate matter when practicable.

      3.   Paving: Paving of roadways and their maintenance in a clean condition.

   (D)   Exceptions: The provisions of this section shall not apply to "agricultural land" as defined by section 10-2-1 of this code.

   (E)   Fines: In addition to criminal penalties set forth in section 1-4-1 of this code, any person who violates this section shall pay civil penalties to the city as follows:

      1.   First violation: Warning ticket.

      2.   Second offense in the same thirty (30) day period: Five hundred dollar ($500.00) fine.

      3.   Third offense in the same thirty (30) day period: One thousand dollar ($1,000.00) fine.

      4.   Each additional offense in the same thirty (30) day period: Two thousand dollar ($2,000.00) fine. (Ord. 2468, 12-19-1994)

The creation, maintenance or continuation of excessive quantities of smoke within the city is hereby declared a health hazard and a public nuisance.

   (A)   It shall be unlawful for any person to allow the production or continuation of excessive quantities of smoke which may be emitted by appliances or fireplaces, which disturbs, injures or endangers the comfort, repose, health, peace, safety and welfare of any other person or persons of any area within the city.

   (B)   It shall be unlawful for any person, after thirty (30) minutes from the initial start up of any appliance or fireplaces to allow emissions therefrom to exceed an opacity reading of twenty percent (20%) as determined by method 9 in the procedures manual for air pollution control, Idaho air quality bureau, department of environmental quality. This determination shall be made by a certified visual emissions evaluator. (Ord. 2896, 1-22-2007)

It shall be unlawful for any owner or occupant of any slaughterhouse, market, meat shop or other place wherein any animals are slaughtered, kept or sold or any meats are smoked, lard rendered or sausages or other meat products manufactured, to permit the said premises or yard connected therewith to remain unclean or unwholesome, or allow or permit any odors to arise therefrom.

It shall be unlawful for any person to allow any dirt to gather in cleaning yards, waste of mills or factories, or any rags, damaged merchandise, wet, broken or leaking barrels, casks, or boxes or any materials which are offensive or tend to decay, to become putrid or to render the atmosphere impure or unwholesome, the same shall be deemed a nuisance, and it shall be unlawful for any person occupying or owning such premises to fail to abate the same.

The business of bone crushing, bone boiling, fat boiling, gut cleaning or the making of glue or the manufacture of fertilizing material from any dead animal, or part thereof, or any boiling of an offal, swill, fat or grease which shall be done or carried on in an offensive, unclean or defective manner in any building, yard or lot of ground, shall be deemed a nuisance, and it shall be unlawful for the owner or manager of any such business to fail to abate the same.

It shall be unlawful for the owner or occupant of any processing plant or factory to permit the same to remain unclean.

   (A)   It shall be unlawful for the owner or occupant of any tannery, hide house, pork house, laundry, fish house or factory, or any yard or enclosure of any kind whatsoever, to place, conduct or discharge into or on any street, alley, sidewalk, gutter, water ditch or canal or any vacant lot, any filthy or offensive water, liquid waste, refuse or discharge of any kind which is offensive or liable to become so.

   (B)   It shall be unlawful for the owner or occupant of any tannery, livery stable, barn, laundry or factory of any kind, place or premises, to permit the same to become noisome, foul or offensive.

It shall be unlawful for any person to operate, control or manage or handle any dry cleaning plant or clothes pressing establishment in such manner and under such conditions that the smell or stench from such plant or clothes cleaning establishment shall become offensive. (1958 Code, Ch. X, Art. 4)

This Chapter is declared to be an ordinance to promote the general health, welfare and safety of the people in the City; and is enacted for the promotion and protection of the public health and safety; and to prevent nuisances, the spread of disease and fire hazards. It is the purpose of this Chapter to aid the people in keeping the City clean, safe, sanitary and free from petty annoyances and nuisances. (1958 Code, ch. VII, art. 2)

GARBAGE: Includes all animal and vegetable refuse from kitchens and other places where food is prepared, all offal from fish, meat and vegetable markets and all organic substances unfit for food and subject to decay.

ITEMS EXCLUDED FROM CITY COLLECTION: Shall include discarded household furnishings, dirt or earth debris from construction or lawn renovation, rocks, stones, automobile bodies and parts, dead animals, manure, building materials such as mortar, plaster, scrap lumber and wood shavings, must be collected and disposed of by the building contractor, owner or occupant of premises.

PERSON: Shall include a normal person, his heirs, executors, administrators and assigns; and shall also include a firm, partnership or corporation, its or their successors or assigns. Singular includes plural. Male includes female.

RUBBISH: Includes all waste and refuse such as newspapers, magazines, wrapping and other paper products, packing cases and materials such as straw, shavings, excelsior, sawdust and discarded clothing, metals, tin cans, bottles, broken glass, ashes, lawn and tree trimmings and cuttings and weeds and leaves from residential property.

SHALL AND MAY: The word "shall" means mandatory and the word "may" means permissive. (1958 Code, ch. VII, art. 2)

No person shall deposit garbage or rubbish on or below the surface of the ground in a manner otherwise than herein prescribed. No person shall deposit or bury any garbage or rubbish in or upon a public street, alley, other public area, or upon the premises of another person, whether or not the garbage or rubbish is in a prescribed container. No garbage, dirt or rubbish of any kind shall be thrown, swept or pushed into the street in front of any place of business or residence, except on permission of the Sanitation Inspector, and the proprietor of the business and the owner of or occupant of the premises shall be responsible for the disposal of all such garbage or rubbish. All garbage and rubbish shall be placed in containers at locations as prescribed in this Chapter. (1958 Code, ch. VII, art. 2)

All garbage and rubbish shall be placed in containers except as herein otherwise provided. All garbage shall be drained of excess water and wrapped in paper, placed in containers lined with paper, or placed in plastic bags.

Tree trunks, large limbs and similar heavy objects shall be cut or knocked down to sizes not exceeding six feet (6') in length and fifty (50) pounds in weight. Brush, tree trimmings, shrubs and twigs must be tied in small bundles not to exceed three feet (3') in length for each handling and placed in piles and so covered as to prevent the same from blowing and being scattered about. (Ord. 2819, 3-28-2005)

   (A)   "Garbage", as herein defined, shall be placed in one or more leakproof and watertight metal or plastic containers, with tight fitting metal or plastic covers to be kept securely in place at all times.

Each container shall be provided with handles or a bale, and shall be no larger than thirty two (32) gallons, or weigh more than fifty (50) pounds when filled; plastic bags shall weigh no more than thirty five (35) pounds when filled.

The owners or occupants of the premises shall provide the number of containers adequate to store all garbage and rubbish accumulated between scheduled pick ups.

   (B)   "Rubbish", as defined herein, shall be placed in a sturdy and suitable container, the weight of which shall not exceed fifty (50) pounds when filled; plastic bags shall not exceed thirty five (35) pounds when filled; and each container shall be so designed as to permit quick and efficient pick up. (Ord. 2656, 6-12-2000)

No garbage or rubbish containers or piles of rubbish shall be maintained in or upon alley right of way except commercial haulers may use dumpster type boxes where the type and location is approved by the sanitation inspector.

Containers or rubbish shall be placed in front of the premises in areas where there are no alleys and placed in alleys in areas where alleys are available, by the owners or occupants of such premises on the morning of or the evening before the day scheduled for collection; and the empty containers shall be withdrawn from the front of the premises, or the alleys as soon after collection as possible on the same day. (1958 Code, ch. VII, art. 2)

It shall be unlawful for any person to suffer, cause or permit any open burning within the city if such burning is not in conformance with a permit issued by the Twin Falls fire department, except that permits shall not be required for open fires used for the preparation of food, campfires and fires for recreational purposes, under control of a responsible person.

Permits may be issued if the proposed burning is in compliance with the Idaho department of health and welfare regulations for air pollution, the international fire code and will not endanger life or property.

A fee may be charged for the issuance of an open burning permit, said fee to be based upon the estimated costs of administration of the permits. (Ord. 2765, 11-10-2003)

The city council shall be authorized to provide for the collection of garbage and rubbish as a city function or by contract with one or more independent collectors.

No person or firm shall engage in the collection of garbage or rubbish for monetary gain unless authorized and licensed by the council, which said council may establish the geographic limits for such collection. (1958 Code, ch. VII, art. 2)

Garbage and rubbish shall be collected on schedule established and subject to revision by the city manager, but in no case will there be less than one collection provided each week for garbage, and one every two (2) weeks for rubbish. Collection schedules shall be published periodically. (1958 Code, ch. VII, art. 2)

The city council may license independent contractors to collect garbage and rubbish within the city. Licenses shall be granted for a period of one year, beginning March 1 and ending the last day of February, upon payment of a fifty dollar ($50.00) annual fee and presentation of facts indicative of ability to properly execute collection. The council may revoke the license or the contract of any independent collector violating any of the provisions of this chapter.

All independent collectors shall provide the number of trucks sufficient to handle any and all garbage and rubbish offered for collection in conformance with the provisions herein contained.

The garbage portion of each conveyance of an independent collector, or private hauler, shall be equipped with watertight, leakproof bodies and provided with tightfitting covers to remain closed at all times except during the actual depositing of garbage into or out of the conveyance. All conveyances shall be cleaned and disinfected at regular intervals of not less than once every two (2) weeks, and shall be provided with adequate covers over the rubbish portion of the conveyance besides those tightfitting covers already mentioned herein. Garbage shall not be collected between the hours of six o'clock (6:00) P.M. and six o'clock (6:00) A.M. Independent collectors shall not collect garbage from any single-family or duplex residential dwellings. All garbage collected within the city of Twin Falls shall be deposited at the transfer station at 2186 Orchard Drive East, Twin Falls, Idaho. Failure to conform to the provisions of this section by any licensee or contractor shall be immediate cause for revocation of license and cancellation of contract by the city council. (Ord. 2849, 1-9-2006)

(Rep. by Ord. 2132, 12-17-1984)

For the service of collecting and disposing of garbage and rubbish, the user of each premise from which garbage and rubbish is collected by the City shall be charged such rates as may be established from time to time by resolution of the City Council. Said charges shall be considered a debt owing to the City from the user of said premises, and other persons using the disposal area. Fees and rates paid to and collected by independent collectors shall be approved from time to time by resolution of the Council.

No user of a premise within the City shall be exempt from the collection and disposal service provided by the City or by individual collectors and licensees, except by special permission of the City Council. All users of premises within the City shall be subject to service charges prescribed by the Council, and an adjustment for such charges shall be made at the discretion of said Council.

Charges for sanitation service shall be billed as a separate item on the water service bill. (Ord. 2022-18, 11-7-2022)

The responsibility for the administering of this Chapter shall be vested in the City Manager and under the immediate direction of the City Sanitation Inspector.

The Foreman of Sanitation shall inspect all premises at regular intervals to determine whether the provisions hereof as they apply to type and location of containers, burning practices and apparatus and other collection and disposal practices are being complied with; and shall call upon the City Sanitation Inspector for assistance in determining collection and disposal conditions detrimental to the public health, safety and welfare.

It shall be unlawful and punishable as hereinafter provided for any person to violate any of the regulations contained herein or to permit or maintain such violation or to refuse to obey any provision hereof or to fail or refuse to comply with any such provision or regulation herein provided. Each day that such violation shall be committed or permitted to continue shall constitute a separate offense hereunder. (1958 Code, ch. VII, art. 2; amd. Ord. 2132, 12-17-84)

It shall be unlawful for any person to sell, carry for sale, offer for sale or expose for sale any meat or by-products of meat animals, at wholesale or retail, within the corporate limits of the City, unless such meat and by-products of meat animals have been inspected and passed by a meat inspector of the Department of Agriculture of the State of Idaho. (1958 Code, Ch. VII, Art. 3)

   (A)   Every owner, tenant or occupant of the premises abutting or adjoining any sidewalk or alley in the City shall be required to remove all snow, ice and rubbish from any such sidewalks and all rubbish from such alleys.

   (B)   Should any owner, tenant or occupant of premises abutting or adjoining any sidewalk in the City fail or neglect to remove such snow or ice from the sidewalk, then said City by its proper officers or employees may remove such snow or ice and assess the cost of such removal against the adjoining and abutting premises and the same shall be a lien thereon. Such assessment shall be certified by the City Clerk to the County Assessor or other proper County officer having charge of the making up of the assessment rolls and such assessment to be placed on the assessment rolls and collected in the same manner as other Municipal taxes are collected. (1958 Code, ch. VI, art. 8)

   (A)   Every owner, tenant or occupant of private property within the City shall cut and remove the weeds and grass and clean and remove rubbish as often as necessary to keep the property neat, and to prevent weeds from seeding on said private property to the center of any street or alley along or in front of such property, including the parking within and the curbing abutting such property. (Ord. 2009, 4-6-1981)

   (B)   Should any owner, tenant or occupant of private property within the City fail or neglect to cut or remove the weeds, grass and rubbish as herein required, the City may then have its proper officers or employees cut and remove the weeds, grass and rubbish and assess the cost of such cutting and removal against such property and the same shall be a lien thereon. Such assessment to be certified to the County Assessor or other proper County officer having charge of making up of the assessment rolls and such assessment to be placed on the assessment rolls and collected in the same manner as other Municipal taxes are collected. (1958 Code, ch. VI, art. 8)

   (C)   The City, through its employees, may issue warning notices for any violation of this Section. If the violation is not corrected by the reinspection date set on the warning notice, a civil penalty of one hundred dollars ($100.00) shall be assessed for the first violation, two hundred dollars ($200.00) for the second violation, and three hundred dollars ($300.00) for the third and subsequent violations during the same calendar year. (Ord. 2516, 1-22-1996)

   (D)   In addition to the civil penalties enumerated in Paragraph (C), violation of this Section is a misdemeanor punishable by up to sixty (60) days in jail and/or a three hundred dollar ($300.00) fine. Economic costs incurred by the city or another party expended to bring the property into compliance with this section may be charge as restitution in the criminal case. (Ord. 2022-014, 8-1-2022)

   (A)   Every owner, tenant or occupant of private property within the City shall eradicate by spraying or treating any disease or pests, eggs or larvae or any pest injurious to trees, plants and shrubs or vines upon and from such property including the planting strip abutting such property by and not later than April 25 of each and every year and shall spray such plants and trees under the direction and supervision of the Superintendent of Streets.

   (B)   Should any owner, tenant or occupant of private property within the City fail or neglect to eradicate by spraying or treating any diseases or pests, eggs or larvae of pests injurious to trees, plants and vines as herein required, then the City may have its proper officers and employees spray or treat said trees, plants, shrubs and vines diseased or infected with pests, eggs or larvae of pests and assess the cost of such spraying or treating against said private property and the same shall be a lien thereon. Such assessment to be certified by the City Clerk to the County Assessor or to the proper County officer having charge of the making up of the assessment rolls and collected in the same manner as other Municipal taxes are collected. (1958 Code, ch. VI, art. 8)

The failure to remove snow, ice and rubbish; or to cut and remove weeds, grass and rubbish; or to eradicate by spraying or otherwise treating diseases or pests injurious to trees, plants and shrubs, all as hereinabove provided for, is hereby declared to be a public nuisance, detrimental to the public health, safety and welfare. (Ord. 1850, 9-6-1977)

(Rep. by Ord. 2022-014, 8-1-2022)

For the purposes of this Chapter, the following definitions shall apply:

ADJACENT PROPERTY OWNER: An owner whose property is contiguous to a public right of way or easement that contains a public sewer.

PRIVATELY FUNDED SEWER: Public sewers that were financed by and are of primary benefit to a small group of adjacent property owners.

PUBLICLY FUNDED SEWERS: Public sewers that were financed wholly or in part by the general users of the City waste water system with no financial contribution by the adjacent property owners at the time of construction and that are of primary benefit to a large group of general users.

PROPERTY DEPTH: A distance measured perpendicular to the center line of a publicly funded sewer between the property line which is nearest to and the property line farthest from the center line of a publicly funded sewer. Whenever the property lines are not exactly parallel to the sewer center line, the average distance shall be used or such other distance that most nearly satisfies the intent of this Chapter.

The purpose of this Section is to provide for the collection of an assessment for sewer connection, which assessment shall be used by the City Waste Water Department to participate in the construction of privately funded sewers. The assessment for connection to a publicly funded sewer shall be equivalent to the average cost a property owner would pay as his share of group project to construct a privately funded sewer. The participation in the construction of privately funded sewers shall be equivalent to the cost a property owner would pay as his share of a group project to construct a privately funded sewer. The participation is to be paid when such a property owner is not participating in the group project by virtue of the fact that he has been allowed to connect to a publicly funded sewer and is therefor increasing the financial burden of the group of property owners who are not adjacent to the publicly funded sewer.

Whenever a property owner's property is contiguous for a distance of at least fifty feet (50') to the right of way or easement containing a publicly funded sewer, he shall be allowed to connect a building on such property to the publicly funded sewer, subject to the provisions contained herein, providing each building so connected is on a separate building lot conforming to the provisions of the City zoning regulations 1 and providing neither the service connection nor the building sewer exceeds fifty feet (50') in length. Such connections shall, in addition to the provisions contained herein, be subject to all regulations, charges and fees established by the City sewer system regulations. 2 (Ord. 1783, 9-7-76)

   (A)   Whenever a property owner connects directly to a publicly funded sewer he shall agree to pay a connection assessment, plus a system development fee. The assessment and fee shall be established by resolution of the City Council. (Ord. 1783, 9-7-76; amd. 1980)

   (B)   The assessment referred to shall represent the average cost a property owner would pay as his share of a group project to construct a privately funded sewer and shall be adequate to reimburse the Waste Water Department for its average participation in a group project as provided for herein. The assessment shall be a fixed cost for properties of average depth. The average depth shall be considered to be one hundred feet (100').

   (C)   All connection assessments paid shall be receipted to the Waste Water Revenue Fund as a general user charge and transferred into the Waste Water Improvement Fund Collection Division to be expended as a capital improvement.

   (A)   Prior to connection to a publicly funded sewer, the property owner shall either pay the sewer connection assessment in full or enter into an agreement with the City to pay the assessment plus interest in two hundred forty (240) equal monthly payments. The rate of interest shall be established by resolution of the City Council.

   (B)   The interest rate so established shall be equivalent to the average interest rate paid on local improvement district bonds. The agreement shall provide for early debt retirement without penalty and for termination of sewer service for nonpayment of the monthly payments when due.

The City Engineer shall have the authority to determine the amount of connection assessments due and to determine the amount of financial participation in sewer projects. This determination shall be based on the intent of this Section. All such determinations shall be subject to review by the City Council. (Ord. 1783, 9-7-76)

Whenever property owners within the City desire to construct a privately funded sewer system to serve the territory within which they live, the following methods of construction financing are suggested:

   (A)   Local improvement districts in conformance with State law. 1

   (B)   Private finance agreements among the property owners concerned.

Whenever the privately funded sewer is to be connected to the City waste water system, said privately funded sewer shall be dedicated to the public for public use and the same shall be maintained and operated by the City Waste Water Department for the benefit of the public at large.

   (A)   The Waste Water Department is authorized to participate financially in the construction of a privately funded sewer whenever (1) an adjacent property owner is not participating in the private sewer project because he was allowed to connect to a publicly funded sewer, and (2) the nonparticipation of the adjacent property owner will increase the financial burden to those persons participating.

   (B)   The Waste Water Department's financial participation shall be equal to what the nonparticipating owner's share will be; provided, however, that in calculating the share of the nonparticipating owner, the property depth used in the calculation shall not exceed one hundred twenty five feet (125').

   (C)   Funds for participation by the Waste Water Department shall be derived by a connection assessment, which assessment shall be paid by persons connecting to publicly funded sewers. Said assessment is provided for in Chapter 7 of this Title. (Ord. 1784, 9-7-76; amd. Ord., 2-7-77)

(Hereafter, "EPA" is the comparable EPA Model Pretreatment Ordinance reference).

This chapter sets forth uniform requirements for users of the publicly owned treatment works (POTW) for the City of Twin Falls and enables the City to comply with all applicable state and federal laws, including the Clean Water Act (33 USC 1251 et seq.) and the General Pretreatment Regulations (40 CFR Part 403). The objectives of this ordinance are:

   (A)   To prevent the introduction of pollutants into the POTW that will interfere with the operation of the POTW;

   (B)   To prevent the introduction of pollutants into the POTW which will pass through the POTW, inadequately treated, into receiving waters or otherwise be incompatible with the POTW;

   (C)   To ensure that the quality of the wastewater treatment plant sludge is maintained at a level which allows its use and disposal in compliance with applicable statutes and regulations;

   (D)   To protect POTW personnel who may be affected by wastewater and sludge in the course of their employment and to protect the general public; and

   (E)   To improve the opportunity to recycle and reclaim wastewater and sludge from the POTW.

This chapter shall apply to all users of the POTW. The chapter authorizes the issuance of industrial wastewater discharge permits; authorizes monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. (Ord. 2020-018, 10-19-2020)

Except as otherwise provided herein, the City shall administer, implement, and enforce the provisions of this ordinance. Any powers granted to or duties imposed upon the City may be delegated by the City to City personnel. Implementation of the provisions of this ordinance may be delegated to a contractor by consent of the City Council. (Ord. 2020-018, 10-19-2020)

Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated. The use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use.

ACT OR THE ACT: The federal water pollution control act, also known as the clean water act, as amended, 33 USC 1251 et seq.

APPLICABLE PRETREATMENT STANDARDS: For any specified pollutant, city prohibitive standards, city specific pretreatment standards (local limits), state of Idaho pretreatment standards, or EPA's categorical pretreatment standards (when effective), whichever standard is appropriate or most stringent.

APPROVAL AUTHORITY: Idaho Department of Environmental Quality (DEQ).

AUTHORIZED REPRESENTATIVE OF THE USER:

   (A)   If the user is a corporation:

      1.   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

      2.   The manager of one or more manufacturing, production, or operation facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations and initiating and directing 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 control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

   (B)   If the user is a partnership or sole proprietorship, a general partner or proprietor, respectively.

   (C)   If the user is a federal, state, or local governmental facility, a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or his/her designee.

   (D)   The individuals described in subsections (A) through (C) of this definition may designate another 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 company, and the written authorization is submitted to the city.

BEST MANAGEMENT PRACTICES OR BMPs: Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in sections 403.5(a)(1) and (b). BMPs also 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.

BIOCHEMICAL OXYGEN DEMAND (BOD): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at twenty degrees Celsius (20°C), usually expressed as a concentration (milligrams per liter [mg/l]).

BYPASS: The intentional diversion of waste streams from any portion of an industrial user's treatment facility (cf. 40 CFR 403.17).

CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD: Any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with sections 307(b) and (c) of the act (33 USC 1317) which applies to a specific category of users and which appears in 40 CFR chapter I, subchapter N, parts 405-471 et seq.

CATEGORICAL USER: A user regulated by one of EPA's categorical pretreatment standards.

CITY: The city of Twin Falls or the city council of the city of Twin Falls.

CLEAN WATER ACT: The water quality act as amended, 33 USC 1251 et seq.

COMPOSITE SAMPLE: The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.

CONTROL AUTHORITY: Refers to: a) the POTW if the POTW's pretreatment program submission has been approved in accordance with the requirements of section 403.11; or b) the approval authority if the submission has not been approved.

COOLING WATER/NONCONTACT COOLING WATER: Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product. Cooling water may be generated from any use, such as air conditioning, heat exchangers, cooling or refrigeration to which the only pollutant added is heat.

DOMESTIC USER (RESIDENTIAL USER): Any person who contributes, causes, or allows the contribution of wastewater into the city POTW that is of a similar volume and/or chemical makeup to that of a residential dwelling unit. Discharges from a residential dwelling unit typically include up to one hundred (100) gallons per capita per day, 0.2 pounds of BOD per capita per day, and 0.17 pounds of TSS per capita per day.

ENVIRONMENTAL PROTECTION AGENCY (EPA): The U.S. environmental protection agency or, where appropriate, the director of the region 10 office of water, or other duly authorized official of said agency.

EXISTING SOURCE: A categorical industrial user, the construction or operation of whose facility commenced prior to the publication by EPA of proposed categorical pretreatment standards, which would be applicable to such source if and when the standard is thereafter promulgated in accordance with section 307 of the act.

EXISTING USER: Any noncategorical industrial user which was discharging wastewater prior to the effective date hereof.

GRAB SAMPLE: An individual sample collected over a period of time not exceeding fifteen (15) minutes (cf. 40 CFR 403, appendix E, condition II and 49 FR 31225, August 3, 1984).

INDIRECT DISCHARGE OR DISCHARGE: The introduction of pollutants into the POTW from any nondomestic source regulated under section 307(b), (c), or (d) of the act. The discharge into the POTW is normally by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto.

INDUSTRIAL USER OR USER: A source of indirect discharge (cf. 40 CFR 403.3 (j)).

INDUSTRIAL WASTEWATER DISCHARGE PERMIT: An authorization or equivalent control document issued by the city to users discharging wastewater to the POTW. The permit may contain appropriate pretreatment standards and requirements as set forth in this chapter.

INTERFERENCE: A discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal: and therefore, is a cause of a violation of the City's IPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued hereunder, or more stringent state or local regulations: Section 405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA), including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

LIQUID WASTE HAULER: Any person involved in the transportation of any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks by means other than the city collection system (cf. section 7-7-3).

MAY: Is permissive (see definition of Shall).

MEDICAL WASTES: Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

NATIONAL PRETREATMENT STANDARD, PRETREATMENT STANDARD, OR STANDARD: Any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the clean water act, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR 403.5 (cf. 40 CFR 403.3(l)).

NEW SOURCE:

   (A)   Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed categorical pretreatment standards under section 307(c) of the act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

      1.   The building, structure, facility, or installation is constructed at a site at which no other source is located; or

      2.   The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

      3.   The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.

   (B)   Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection (A)2 or (A)3 of this definition but otherwise alters, replaces, or adds to existing process or production equipment.

   (C)   Construction of a new source as defined under this definition has commenced if the owner or operator has:

      1.   Begun, or caused to begin as part of a continuous on site construction program:

         (a)   Any placement, assembly, or installation of facilities or equipment; or

         (b)   Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

      2.   Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this definition.

NEW USER: A user that is not regulated under federal categorical pretreatment standards but that applies to the city for a new building permit or occupies an existing building and plans to commence discharge of wastewater to the city's collection system after the effective date of this chapter. Any person that buys an existing facility that is discharging nondomestic wastewater will be considered an "existing user" if no significant changes are made in the manufacturing operation.

PASS-THROUGH: A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city's NPDES permit (including an increase in the magnitude or duration of a violation).

PERMITTEE: A user issued an industrial wastewater discharge permit.

pH: A measure of the acidity or alkalinity of a substance, expressed in standard units.

POLLUTANT: Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural and industrial wastes, and the characteristics of the wastewater (i.e., pH, temperature, TSS, turbidity, BOD, chemical oxygen demand [COD], toxicity, or odor).

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) introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means (except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard) (cf. 40 CFR 403.3(a)).

PRETREATMENT REQUIREMENT: Any substantive or procedural requirement related to pretreatment imposed on a user, other than a national pretreatment standard (cf. 40 CFR 403.3(t)).

PROHIBITED DISCHARGE STANDARDS OR PROHIBITED DISCHARGES: Absolute prohibitions against the discharge of certain substances, which appear in subsections 7-7-2-1(A) and (B) of this chapter.

PUBLICLY OWNED TREATMENT WORKS (POTW): A "treatment works", as defined by section 212 of the act (33 USC 1292) which is owned by the city. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant. The term also means the city.

SEPTIC TANK WASTE: Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

SEVERE PROPERTY DAMAGE: 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. Severe property damage does not mean economic loss caused by delays in production (cf. 403.17(a)(2)).

SEWAGE: Human excrement and gray water (household showers, dishwashing operations, etc.).

SEWER: Any pipe, conduit, ditch, or other device used to collect and transport sewage from the generating source.

SHALL: Is mandatory (see definition of May).

SIGNIFICANT INDUSTRIAL USER:

   (A)   A user subject to categorical pretreatment standards; or

   (B)   A user that:

      1.   Discharges an average of twenty five thousand (25,000) gallons per day (gpd) or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater); or

      2.   Contributes a process waste stream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

      3.   Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

   (C)   Upon a finding that a user meeting the criteria in subsection (B) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any applicable pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from a user and in accordance with procedures in 40 CFR 403.8(f)(6) determine that such user should not be considered a significant industrial user.

SLUG LOAD OR SLUG DISCHARGE: Any discharge at a flow rate or concentration which could cause a violation of the discharge standards in sections 7-7-2-1 through 7-7-2-4 of this chapter or any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause pass-through or interference.

STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE: A classification pursuant to the "Standard Industrial Classification Manual" issued by the United States office of management and budget.

STORMWATER: Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

TOTAL SUSPENDED SOLIDS: The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering.

TREATMENT PLANT EFFLUENT: The discharge from the POTW into waters of the United States.

UPSET: An exceptional incident in which there is unintentional and temporary noncompliance with applicable pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, lack of preventive maintenance, or careless or improper operation (cf. 40 CFR 403.16).

USER OR INDUSTRIAL USER: A source of indirect discharge.

WASTEWATER: Liquid and water carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.

WASTEWATER TREATMENT PLANT OR TREATMENT PLANT: That portion of the POTW which is designed to provide treatment including recycling and reclamation of municipal sewage and industrial waste.

(Ord. 2020-018, 10-19-2020)

The following abbreviations shall have the designated meanings:

 

(Ord. 2020-018, 10-19-2020)

   (A)   General Prohibitions: No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference.

   These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other National, State, or local pretreatment standards or requirements.

   (B)   Specific Prohibitions: No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:

      1.   Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste-streams with a closed-cup flash point of less than 140ºF (60ºC) using the test methods specified in 40 CFR 261.21;

      2.   Wastewater having a pH less than 5.0 or greater than 9.5, or otherwise causing corrosive structural damage to the POTW or equipment;

      3.   Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference [but in no case solids greater than ½ inch (½") or 0.7 centimeter(s) (0.7cm) in any dimension];

      4.   Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;

      5.   Wastewater having a temperature which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104ºF (40ºC) unless the approval authority, upon the request of the POTW, approves alternate temperature limits;

      6.   Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;

      7.   Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems;

      8.   Trucked or hauled pollutants, except at discharge points designated by the City.

      9.   Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life or health, or to prevent entry into the sewers for maintenance or repair;

      10.   Wastewater containing any radioactive wastes or isotopes except as specifically approved by the City in compliance with applicable State or Federal regulations;

      11.   Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, de-ionized water, non-contact cooling water, and unpolluted wastewater, unless specifically authorized;

      12.   Any sludges, screenings, or other residues from the pretreatment of industrial wastes or from industrial processes;

      13.   Medical wastes, except as specifically authorized by the City;

      14.   Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test;

      15.   Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW;

      16.   Any liquid, solids, or gases which by reason of their nature or quantity are or may be sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. At no time shall two (2) successive readings on an explosion meter, at the point of discharge into the system (or at any point in the system), be more than five percent (5%) nor any single reading over ten percent (10%) of the lower explosive limit (LEL) of the meter.

      17.   Grease, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dusts, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes.

      18.   Any substance which will cause the POTW to violate its IPDES permit and/or other disposal system permits.

      19.   Any wastewater, which in the opinion of the City can cause harm either to 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, unless waived by the City (except that no waiver shall be given from categorical pretreatment standards).

      20.   The contents of any tank or other vessel owned or used by any person in the business of collecting or pumping sewage, effluent, septic tank waste, or other wastewater unless said person has first obtained testing and approval as may be generally required by the City of Twin Falls and has paid all fees assessed for the privilege of said discharge.

      21.   Persistent pesticides and/or pesticides regulated by the Federal Insecticide Fungicide Rodenticide Act (FIFRA)

      Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW.

(Ord. 2020-018, 10-19-2020)

The national categorical pretreatment standards as amended and promulgated by EPA pursuant to the act and as found at 40 CFR chapter I, subchapter N, parts 405-471, are hereby incorporated and shall be enforceable under this chapter. (Ord. 2020-018, 10-19-2020)

State requirements and limitations on discharges to the POTW shall be met by all users which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations or those in this chapter or in other applicable ordinances. (Ord. 2020-018, 10-19-2020)

Pollutant limits shall be established by resolution of the city council to protect against pass-through and interference. No SIU shall discharge wastewater containing pollutant levels in excess of the daily maximum allowable discharge limits.

The limits apply at the point where the wastewater is discharged to the POTW (end of the pipe). All concentrations for metallic substances are for "total" metal unless indicated otherwise. The city may impose mass limitations in addition to (or in place of) the concentration based limitations. Where a user is subject to a categorical pretreatment standard and a local limit for a given pollutant, the more stringent limit or applicable pretreatment standard shall apply. (Ord. 2020-018, 10-19-2020)

The city reserves the right to establish, by ordinance or in industrial wastewater discharge permits, more stringent standards or requirements on discharges to the POTW. (Ord. 2020-018, 10-19-2020)

The city reserves the right to enter into special agreements with users setting out special terms under which they may discharge to the POTW. In no case will a special agreement waive compliance with a categorical pretreatment standard or federal pretreatment requirement. A special agreement shall not constitute, nor be construed as a replacement for, an industrial wastewater discharge permit. However, if applicable, industrial users may request a net/gross adjustment to a categorical standard in accordance with 40 CFR 403.15. They may also request a variance from the categorical pretreatment standard from the approval authority in accordance with 40 CFR 403.13. (Ord. 2020-018, 10-19-2020)

No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with an applicable pretreatment standard or requirement unless expressly authorized by an applicable pretreatment standard or requirement. The city may impose mass limitations on users which he believes may be using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate. (Ord. 2020-018, 10-19-2020)

Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all applicable pretreatment standards and requirements set out in this chapter within the time limitations specified by the EPA, the state, or the city, whichever is more stringent. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review and shall be acceptable to the city before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the city under the provisions of this chapter. (Ord. 2020-018, 10-19-2020)

Compliance by existing sources covered by 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 standard. The city shall establish a final compliance deadline date for any existing user not covered by categorical pretreatment standards or for any categorical user when the local limits for said user are more restrictive than the federal categorical pretreatment standards.

New sources and new users are required to comply with applicable pretreatment standards within the shortest feasible time, not to exceed ninety (90) days from the beginning of discharge. New sources and new users shall install, have in operating condition, and shall start up all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge.

Any industrial wastewater discharge permit issued to a categorical user shall not contain a compliance date beyond any deadline date established in an applicable categorical pretreatment standard. Any other existing user or a categorical user that must comply with a more stringent local limit which is in noncompliance with any local limit shall be required to comply with a compliance schedule to ensure compliance within the shortest time feasible. The compliance schedule may be included in a control mechanism, administrative order or compliance order, or other appropriate enforcement or control remedy. (Ord. 2020-018, 10-19-2020)

   (A)   Whenever deemed necessary, the city may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, issue an industrial wastewater discharge permit solely for flow equalization, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams, and such other actions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this chapter.

   (B)   Grease, oil, and sand interceptors shall be provided when, in the opinion of the city, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand, except that such interceptors shall not be required for residential users. All interception units shall be of type and capacity approved by the city and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at the user's expense.

   (C)   Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter. (Ord. 2020-018, 10-19-2020)

The city may require any user to develop and implement an accidental spill prevention plan (ASPP) or slug control plan. Where deemed necessary by the city, facilities to prevent accidental discharge or slug discharges of pollutants shall be provided and maintained at the user's cost and expense. An accidental spill prevention plan or slug control plan showing facilities and operating procedures to provide this protection shall be submitted to the city for review and approval before implementation. The city shall determine which user is required to develop a plan and require said plan to be submitted within one hundred eighty (180) days after notification by the city. The city may develop such a plan for any user (cf. section 3.3 EPA model: January 2007 EPA 833-B-06-002). Each user shall implement its ASPP as submitted or as modified after such plan has been reviewed and approved by the city. Review and approval of such plans and operating procedures by the city shall not relieve the user from the responsibility to modify its facility as necessary to meet the requirements of this chapter.

Any user required to develop and implement an accidental spill prevention plan shall submit a plan which addresses, at a minimum, the following:

   (A)   Description of discharge practices, including nonroutine batch discharges;

   (B)   Description of stored chemicals;

   (C)   Procedures for immediately notifying the POTW of any accidental or slug discharges with procedures for follow up written notification within five (5) days. Such notification must also be given for any discharge which would violate any of the standards in sections 7-7-2-1 through 7-7-2-4 of this chapter; and

   (D)   Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic chemicals (including solvents), and/or measures and equipment for emergency response. (Ord. 2020-018, 10-19-2020)

   (A)   Septic tank waste may be introduced into the POTW only at a designated receiving structure within the treatment plant area, and at such times as are established by the city. Such wastes shall not violate this section or any other requirements established or adopted by the city. Industrial wastewater discharge permits for individual vehicles to use such facilities shall be issued by the city.

   (B)   Septic tank waste haulers may only discharge loads at locations specifically designated by the city. No load may be discharged without prior consent of the city. The city may collect samples of each hauled load to ensure compliance with applicable pretreatment standards. The city may require the hauler to provide a waste analysis of any load prior to discharge.

   (C)   Septic tank waste haulers must provide a waste tracking form for every load. This form shall include, at a minimum, the name and address of the waste hauler, permit number, truck identification, sources of waste, and volume and characteristics of waste.

   (D)   Fees for dumping hauled wastes will be established as part of the user fee system as authorized in section 7-7-14-1 of this chapter.

(Ord. 2975, 7-27-2009)

No significant industrial user shall discharge wastewater into the POTW without first obtaining an industrial wastewater discharge permit from the city; the permit must be enforceable and contain all the elements as required by 40 CFR 403.8(f)(1)(iii)(B). Any violation of the terms and conditions of an industrial wastewater discharge permit shall be deemed a violation of this chapter and subjects the permittee to the sanctions set forth in this chapter. Obtaining an industrial wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law.

The city may require other users, including liquid waste haulers, to obtain industrial wastewater discharge permits or liquid waste hauler permits. (Ord. 2020-018, 10-19-2020)

Any SIU that was discharging wastewater into the POTW prior to the effective date hereof and that wishes to continue such discharges in the future shall, within thirty (30) days after notification by the city, submit a completed permit application to the city in accordance with section 7-7-3-4 of this chapter and shall not cause or allow discharges to the POTW to continue after ninety (90) days after notification by the city except in accordance with an industrial wastewater discharge permit issued by the city. (Ord. 2020-018, 10-19-2020)

At least ninety (90) days prior to the anticipated startup, any new source, which is a source that becomes a user subsequent to the proposal of an applicable categorical pretreatment standard that is later promulgated, and any new user considered by the city to fit the definition of SIU shall apply for an industrial wastewater discharge permit and will be required to submit to the city at least the information listed in subsections 7-7-3-4(A) through (E) of this chapter. A new source or new user is prohibited from discharging without first being issued by the city an industrial wastewater discharge permit. New sources and new users shall also be required to include in their application information on the method of pretreatment they intend to use to meet applicable pretreatment standards. New sources and new users shall give estimates of the information requested in subsections 7-7-3-4(D) and (E) of this chapter. (Ord. 2020-018, 10-19-2020)

Any existing user who is located beyond the city limits and who is required to obtain an industrial wastewater discharge permit shall submit an industrial wastewater discharge permit application as outlined in section 7-7-3-4 of this chapter. New sources and new users who are located beyond the city limits and who are required to obtain an industrial wastewater discharge permit shall comply with section 7-7-3-2 of this chapter.

   (A)   If another municipality, or industrial user(s) located within another municipality, contributes wastewater to the city's collection system, the city shall enter into an intermunicipal agreement with the contributing municipality.

   (B)   Prior to entering into an agreement required by subsection (A) of this section the city shall request the following information from the contributing municipality:

      1.   A description of the quality and volume of wastewater discharged to the city by the contributing municipality;

      2.   An inventory of all users located within the contributing municipality that are discharging to the city's collection system; and

      3.   Any other information as the city may deem necessary to enter into an intermunicipal agreement.

   (C)   An intermunicipal agreement, as required by subsection (A) of this section, shall contain the following conditions:

      1.   A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this chapter and local limits, including required baseline monitoring reports (BMRs) which are at least as stringent as those set out in section 7-7-4-1 of this chapter. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the city's ordinance or local limits;

      2.   A requirement for the contributing municipality to submit a revised industrial user inventory on at least an annual basis;

      3.   A provision specifying which pretreatment implementation activities, including industrial wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the city; and which of these activities will be conducted jointly by the contributing municipality and the city;

      4.   A requirement for the contributing municipality to provide the city with access to all information that the contributing municipality obtains as part of its pretreatment activities;

      5.   Limits on the nature, quality, and volume of the contributing municipality's wastewater at the point where it discharges to the city's collection system;

      6.   Requirements for monitoring the contributing municipality's discharge;

      7.   A provision ensuring the city or its agents access to the facilities of industrial users located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the city; and

      8.   A provision specifying remedies available for breach of the terms of the intermunicipal agreement. (Ord. 2020-018, 10-19-2020)

All users required to obtain an industrial wastewater discharge permit must submit, at a minimum, the following information. The city shall approve a form to be used as a permit application. Categorical users submitting the following information shall have complied with 40 CFR 403.12(b).

   (A)   Identifying Information: The user shall submit the name and address of the facility including the name of the operator and owners;

   (B)   Permits: The user shall submit a list of all environmental control permits held by or for the facility;

   (C)   Description Of Operations: The user shall submit a brief description of the nature, average rate of production, and standard industrial classification of the operation(s) carried out by such industrial user, including a list of all raw materials and chemicals used or stored at the facility which are or could accidentally or intentionally be discharged to the POTW; number and type of employees; hours of operation; each product produced by type, amount, process or processes, and rate of production; type and amount of raw materials processed (average and maximum per day) and the time and duration of discharges. This description should also include a schematic process diagram which indicates points of discharge to the POTW from the regulated or manufacturing processes; site plans; floor plans; mechanical and plumbing plans; and details to show all sewers, sewer connections, inspection manholes, sampling chambers and appurtenances by size, location and elevation.

   (D)   Flow Measurement:

      1.   Categorical user: The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:

         (a)   Regulated or manufacturing process streams; and

         (b)   Other streams as necessary to allow use of the combined waste stream formula (40 CFR 403.6(e)).

      2.   Noncategorical user: The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:

         (a)   Total process flow, wastewater treatment plant flow, total plant flow or individual manufacturing process flow as required by the city.

The city may allow for verifiable estimates of these flows where justified by cost or feasibility.

   (E)   Measurements Of Pollutants:

      1.   Categorical User:

         (a)   The user shall identify the applicable pretreatment standards for each regulated or manufacturing process.

         (b)   In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration (or mass where required by the categorical pretreatment standard or as required by the city) of regulated pollutants (including standards contained in sections 7-7-2-1 through 7-7-2-4 of this chapter, as appropriate) in the discharge from each regulated or manufacturing process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall conform to sampling and analytical procedures outlined in section 7-7-5 of this chapter.

         (c)   The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subsection.

         (d)   Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) for a categorical user, this adjusted limit along with supporting data shall be submitted as part of the application.

      2.   Noncategorical User:

         (a)   The user shall identify the applicable pretreatment standards for its wastewater discharge.

         (b)   In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration in the discharge (or mass where required by the city) of regulated pollutants contained in sections 7-7-2-1 through 7-7-2-4 of this chapter, as appropriate. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall conform to sampling and analytical procedures outlined in section 7-7-5 of this chapter.

         (c)   The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subsection.

         (d)   Where the city developed alternate concentration or mass limits because of dilution, this adjusted limit along with supporting data shall be submitted as part of the application.

   (F)   Certification: The user shall submit a statement, worded as specified in section 7-7-3-5 of this chapter, which has been reviewed by an authorized representative of the user, and certified by a qualified professional, indicating whether the applicable pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet the applicable pretreatment standards and requirements.

   (G)   Compliance Schedule: If additional pretreatment and/or O&M will be required to meet the applicable pretreatment standards, the user shall submit the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The user's schedule shall conform with the requirements of section 7-7-4-4 of this chapter. The completion date in this schedule shall not be later than the compliance date established pursuant to section 7-7-2-9 of this chapter.

      1.   Where the user's categorical pretreatment standard has been modified by a removal allowance (40 CFR 403.7), the combined waste stream formula (40 CFR 403.6(e)), and/or a fundamentally different factors variance (40 CFR 403.13) at the time the user submits the report required by this subsection, the information required by subsection (F) of this section and this subsection (G) shall pertain to the modified limits.

      2.   If the categorical pretreatment standard is modified by a removal allowance (40 CFR 403.7), the combined waste stream formula (40 CFR 403.6(e)), and/or a fundamentally different factors variance (40 CFR 403.13) after the user submits the report required by subsection (F) of this section and this subsection (G), then a report containing modified information shall be submitted by the user within sixty (60) days after the new limit is approved.

   (H)   Additional Information: The user shall submit any other information as may be deemed necessary by the city to evaluate the industrial wastewater discharge permit application.

      Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.

(Ord. 2020-018, 10-19-2020)

All industrial wastewater discharge permit applications and user reports must be signed by a responsible officer or manager, or sole proprietor or general partner as applicable, or duly authorized representative.

   (A)   For the purpose of this section, a responsible officer or manager means:

      1.   A president, vice president, secretary, or treasurer 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

      2.   The manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations and initiating and directing 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 control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. This authorization must be made in writing by the principal executive officer or ranking elected official and submitted to the approval authority prior to or together with the report being submitted of the user and contain the following certification statement:

   (B)   A duly authorized representative is an individual designated by the responsible officer, manager, sole proprietor or general partner in writing. The written authorization must be submitted to the city and also specifies either an individual or a position having the responsibility of the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well, or well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company. If an authorization in this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of this section must be submitted to the city prior to or together with any reports to be signed by an authorized representative.

(Ord. 2020-018, 10-19-2020)

The city will evaluate the data furnished by the user and may require additional information. Within thirty (30) days of receipt of a complete industrial wastewater discharge permit application, the city will determine whether or not to issue an industrial wastewater discharge permit. Upon a determination to issue, the permit shall be issued within thirty (30) days of full evaluation and acceptance of the data furnished. The city may deny any application for an industrial wastewater discharge permit. (Ord. 2020-018, 10-19-2020)

Industrial wastewater discharge permits shall include such conditions as are reasonably deemed necessary by the city to prevent pass-through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.

   (A)   Industrial wastewater discharge permits must contain the following conditions:

      1.   A statement that indicates industrial wastewater discharge permit duration, which in no event shall exceed five (5) years;

      2.   A statement that the industrial wastewater discharge permit is nontransferable without prior notification to and approval from the city, and provisions for furnishing the new owner or operator with a copy of the existing industrial wastewater discharge permit;

      3.   Applicable pretreatment standards and requirements, including effluent limits, best management practices (BMPs) based on applicable general pretreatment standards in 40 CFR part 403 which may be made a part of this chapter, categorical pretreatment standards, local limits, and any special state requirements;

      4.   Self-monitoring, sampling, reporting, notification, submittal of technical reports, compliance schedules, and recordkeeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law;

      5.   Requirement for immediate notification to the city where self-monitoring results indicate noncompliance;

      6.   Requirement to report a bypass or upset of a pretreatment facility;

      7.   Requirement to report immediately to the city all discharges, including slug loadings, that could cause problems to the POTW;

      8.   Requirement for the SIU who reports noncompliance to notify the city within twenty four (24) hours of becoming aware of the noncompliance and repeat the sampling and analysis and submit results to the city within thirty (30) days after becoming aware of the violation;

      9.   A statement of applicable civil, criminal, and administrative penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule;

      10.   Requirements to control slug discharges, if determined by the POTW to be necessary.

   (B)   Industrial wastewater discharge permits may contain, but need not be limited to, the following conditions:

      1.   Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;

      2.   Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;

      3.   Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;

      4.   Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;

      5.   The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;

      6.   Requirements for installation and maintenance of inspection and sampling facilities and equipment including flow measurement devices;

      7.   A statement that compliance with the industrial wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the industrial wastewater discharge permit;

      8.   Other conditions as deemed appropriate by the city to ensure compliance with this chapter, and state and federal laws, rules, and regulations. (Ord. 2020-018, 10-19-2020)

Any person, including the user, may petition the city to reconsider the terms of an industrial wastewater discharge permit within thirty (30) days of its issuance.

   (A)   Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

   (B)   In its petition, the appealing party must indicate the industrial wastewater discharge permit provisions objected to, the reasons for objections, and proposed alternative conditions, if any, it seeks to place in the industrial wastewater discharge permit.

   (C)   The effectiveness of the industrial wastewater discharge permit shall not be stayed pending the appeal.

   (D)   If the city fails to act within thirty (30) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider an industrial wastewater discharge permit, not to issue an industrial wastewater discharge permit, or not to modify an industrial wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.

   (E)   Aggrieved parties seeking judicial review of the final administrative industrial wastewater discharge permit decision must do so by filing a complaint with the clerk of the district court for the fifth judicial district, state of Idaho, within six (6) months. (Ord. 2020-018, 10-19-2020)

Industrial wastewater discharge permits shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. An industrial wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the city. Each industrial wastewater discharge permit shall indicate a specific date upon which it will expire. (Ord. 2020-018, 10-19-2020)

The city may modify the industrial wastewater discharge permit for good cause including, but not limited to, the following:

   (A)   To incorporate any new or revised federal, state, or local pretreatment standards or requirements;

   (B)   To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of industrial wastewater discharge permit issuance;

   (C)   A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

   (D)   Information indicating that the permitted discharge poses a threat to the city's POTW, city personnel, or the receiving waters;

   (E)   Violation of any terms or conditions of the industrial wastewater discharge permit;

   (F)   Misrepresentations or failure to fully disclose all relevant facts in the industrial wastewater discharge permit application or in any required report;

   (G)   Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;

   (H)   To correct typographical or other errors in the industrial wastewater discharge permit; or

   (I)   To reflect a transfer of the facility ownership and/or operation to a new owner/operator. (Ord. 2020-018, 10-19-2020)

Industrial wastewater discharge permits may be transferred to a new owner and/or operator only if the permittee gives at least thirty (30) days' advance notice to the city and the city approves the industrial wastewater discharge permit transfer. The notice to the city must include a written certification by the new owner and/or operator which:

   (A)   States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;

   (B)   Identifies the specific date on which the transfer is to occur; and

   (C)   Assumes full responsibility for complying with the existing industrial wastewater discharge permit beginning on the date of the transfer.

   Failure to provide advance notice of a transfer renders the industrial wastewater discharge permit void as of the date of facility transfer.

   Provided that the notice required above occurred and that there were no significant changes to the manufacturing operation or wastewater discharge and provided that the industry is not subject to categorical standards or requirements, the new owner will be considered an existing user and will be covered by the existing limits and requirements in the previous owner's permit. (Ord. 2020-018, 10-19-2020)

Industrial wastewater discharge permits may be revoked for, but not limited to, the following reasons:

   (A)   Failure to notify the city of significant changes to the wastewater prior to the changed discharge;

   (B)   Failure to provide prior notification to the city of changed conditions;

   (C)   Misrepresentation or failure to fully disclose all relevant facts in the industrial wastewater discharge permit application;

   (D)   Falsifying self-monitoring reports and/or certification statements;

   (E)   Tampering with monitoring equipment;

   (F)   Refusing to allow the city timely access to the facility premises and records;

   (G)   Failure to meet discharge limitations;

   (H)   Failure to pay fines;

   (I)   Failure to pay sewer charges;

   (J)   Failure to meet compliance schedules;

   (K)   Failure to complete a wastewater survey or the industrial wastewater discharge permit application;

   (L)   Failure to provide advance notice of the transfer of a permitted facility;

   (M)   Violation of any pretreatment standard or requirement, or any terms of the industrial wastewater discharge permit or this chapter; or

   (N)   If the city has to invoke its emergency provision as cited in section 7-7-9-7 of this chapter.

   Industrial wastewater discharge permits shall be void upon cessation of operations. All industrial wastewater discharge permits issued to a particular user are void upon the issuance of a new industrial wastewater discharge permit to that user. (Ord. 2020-018, 10-19-2020)

A user who is required to have an industrial wastewater discharge permit shall apply for industrial wastewater discharge permit reissuance by submitting a complete industrial wastewater discharge permit application, in accordance with section 7-7-3-4 of this chapter, a minimum of ninety (90) days prior to the expiration of the user's existing industrial wastewater discharge permit. A user whose existing industrial wastewater discharge permit has expired and who has submitted its reapplication in the time period specified herein shall be deemed to have an effective industrial wastewater discharge permit until the city issues or denies the new industrial wastewater discharge permit. A user whose existing industrial wastewater discharge permit has expired and who failed to submit its reapplication in the time period specified herein will be deemed to be discharging without an industrial wastewater discharge permit. (Ord. 2020-018, 10-19-2020)

   (A)   Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard or the final administrative decision on a category determination under 40 CFR 403.6(a)(4) (whichever is later) existing categorical users currently discharging to or scheduled to discharge to the POTW, shall submit to the city a report which contains the information listed in subsection (B) of this section. At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the city a report which contains the information listed in subsection (B) of this section. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants to be discharged.

   (B)   Users described above shall submit the information set forth below:

      1.   Identifying Information: The name and address of the facility, including the name of the operator and owner.

      2.   Environmental Permits: A list of any environmental control permits held by or for the facility.

      3.   Description Of Operations: A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.

      4.   Flow Measurement: Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in 40 CFR 403.6(e).

      5.   Measurement Of Pollutants:

         (a)   The pretreatment standards applicable to each regulated process.

         (b)   The results of sampling and analysis identifying the nature and concentration (and/or mass, where required by the standard or by the city) of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and average concentrations (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall be collected and analyzed in accordance with procedures set out in section 7-7-5 of this chapter.

         (c)   In cases where a pretreatment standard requires compliance with a best management practice or pollution prevention alternative, the industrial user shall submit sufficient documentation as required by the city or the applicable standard to determine compliance with the standard.

         (d)   Sampling must be performed in accordance with procedures set out in section 7-7-5 of this chapter.

      6.   Certification: A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment, is required to meet the pretreatment standards and requirements.

      7.   Compliance Schedule: If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in section 7-7-4-4 of this chapter.

      8.   Signature And Certification: All baseline monitoring reports must be signed and certified in accordance with section 7-7-3-5 of this chapter. (Ord. 2020-018, 10-19-2020)

   (A)   Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the city a report containing the information described in subsections 7-7-4-1(B)4, (B)5 and (B)6 of this chapter. For users subject to equivalent mass or concentration limits established in accordance with the procedures in subsections 7-7-3-4(E)1(d) and (E)2(d) of this chapter, this report shall contain a reasonable measure of the user's long term production rate. For all other 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 user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with subsections 7-7-3-4(E)1(d) and (E)2(d) of this chapter. All sampling shall be done in accordance with section 7-7-5-1 of this chapter.

   (B)   For users subject to equivalent mass or concentration limits established by the city in accordance with procedures established in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long term production rate. For all other 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 user's actual production during the appropriate sampling period. (Ord. 2020-018, 10-19-2020)

   (A)   Any user that is required to have an industrial wastewater discharge permit and performs self-monitoring shall comply with all applicable requirements under 40 CFR 403.12 and submit to the city during the months of June and December, unless required on other dates or more frequently by the city, a report indicating the nature of the effluent over the previous reporting period. The frequency of monitoring shall be as prescribed within the industrial wastewater discharge permit. At a minimum, users shall sample their discharge at least twice per year.

   (B)   The report shall include a record of the concentrations (and mass if specified in the industrial wastewater discharge permit) of the pollutants listed in the industrial wastewater discharge permit that were measured and a record of all flow measurements (average and maximum) taken at the designated sampling locations and shall also include any additional information required by this chapter or the industrial wastewater discharge permit. Production data shall be reported if required by the industrial wastewater discharge permit. Both daily maximum and average concentration (or mass, where required) shall be reported. If a user sampled and analyzed more frequently than what was required by the city or by this chapter, using methodologies in 40 CFR part 136, it must submit all results of sampling and analysis of the discharge during the reporting period.

   (C)   Any user subject to equivalent mass or concentration limits established by the city or by unit production limits specified in the applicable categorical standards shall report production data as outlined in subsection 7-7-4-2(B) of this chapter.

   (D)   If the city calculated limits to factor out dilution flows or nonregulated flows, the user will be responsible for providing flow data including regulated process flows, dilution flows and nonregulated flows.

   (E)   Flows shall be reported on the basis of actual measurement, provided, however, that the city may accept reports of average and maximum flows estimated by verifiable techniques if the city determines that an actual measurement is not feasible.

   (F)   All wastewater samples shall be representative of discharges and samples shall be taken in accordance with the requirements specified in section 7-7-5 of this chapter.

   (G)   The city may require reporting by users that are not required to have an industrial wastewater discharge permit if information or data is needed to establish a sewer charge, determine the treatability of the effluent, or determine any other factor which is related to the operation and maintenance of the sewer system.

   (H)   The city may require self-monitoring by the user or, if requested by the user, may agree to perform the periodic compliance monitoring needed to prepare the periodic compliance report required under this section. If the city agrees to perform such periodic compliance monitoring, it may charge the user for such monitoring, based upon the costs incurred by the city for the sampling and analyses. Any such charges shall be added to the normal sewer charge and shall be payable as part of the sewer bills. The city is under no obligation to perform periodic compliance monitoring for a user. (Ord. 2020-018, 10-19-2020)

   (A)   The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

   (B)   No increment referred to in subsection (A) of this section shall exceed nine (9) months.

   (C)   Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the city including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established.

   (D)   In no event shall more than nine (9) months elapse between such progress reports. (Ord. 2020-018, 10-19-2020)

Any user operating under an industrial wastewater discharge permit incorporating equivalent mass or concentration limits shall notify the city within two (2) business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any user not providing a notice of such anticipated change will be required to comply with the existing limits contained in its industrial wastewater discharge permit. (Ord. 2020-018, 10-19-2020)

   (A)   Any user who commences the discharge of hazardous waste shall notify in writing: the city, the EPA region 10 office of air, waste, and toxics director, and the Idaho department of health and welfare, division of environmental quality remediation section, of any discharge into the city's sewage collection system of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR part 261.

      Such notification shall include:

      1.   The name of the hazardous waste as set forth in 40 CFR part 261;

      2.   The EPA hazardous waste number; and

      3.   The type of discharge (continuous, batch, or other).

      4.   If an industrial user discharges more than one hundred (100) kilograms of such waste per calendar month to the sewer system, the notification shall also contain the following information to the extent it is known or readily available to the industrial user:

         (a)   An identification of the hazardous constituents contained in the wastes;

         (b)   An estimation of the mass and concentration of such constituents in the waste stream(s) discharged during that calendar month; and

         (c)   An estimation of the mass of constituents in the waste stream(s) expected to be discharged during the following twelve (12) months.

      All notifications must take place no later than one hundred eighty (180) days after the discharge(s) commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under this chapter.

      The notification requirements of this section do not apply to pollutants already reported by industrial users under self-monitoring requirements of this chapter.

   (B)   Dischargers are exempt from the requirements of subsection (A) of this section during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a onetime notification. Subsequent months during which an industrial user discharges more than such quantities of any hazardous waste do not require additional notification.

   (C)   In the case of any new regulations under section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, an industrial user shall notify the city, the EPA region 10 office of air, waste, and toxics director, and the Idaho department of health and welfare, division of environmental quality remediation section, of the discharge of such substance within ninety (90) days of the effective date of such regulations.

   (D)   In the case of any notification made under this section, an industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

   (E)   This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a permit issued hereunder, or any applicable federal or state law. (Ord. 2020-018, 10-19-2020)

   (A)   In case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or slug load as defined in section 7-7-1-3 of this chapter, that might cause potential problems for the city's collection and/or treatment system, an industrial user shall immediately telephone and notify the city of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, or an estimate if unknown, and corrective actions taken by the industrial user.

   (B)   Within five (5) days following such discharge, the industrial user shall, unless waived by the city, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future recurrence. Such notification shall not relieve the industrial user of any expense, loss, damage, or other liability which might be incurred as a result of damage to the city's collection system and/or treatment facilities, natural resources, or any other damage to person or property; nor shall such notification relieve the industrial user of any fines, penalties, or other liability which may be imposed pursuant to this chapter.

   (C)   A notice shall be permanently posted on an industrial user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in subsection (A) of this section. Employers shall ensure that all employees who could cause such a discharge to occur are advised of the emergency notification procedures.

   (D)   Significant industrial users shall notify the city immediately of any changes at their facilities affecting the potential for a slug discharge. (Ord. 2020-018, 10-19-2020)

If sampling performed by an industrial user indicates a violation, the user shall notify the city within twenty four (24) hours of becoming aware of the violation. The industrial user shall also repeat the sampling within five (5) days and submit the results of the repeat analysis to the city within thirty (30) days after becoming aware of the violation. (Where the city has performed the sampling and analysis in lieu of the industrial user, the city must perform the repeat sampling and analysis unless it notifies the industrial user of the violation and requires the industrial user to perform the repeat analysis.) Resampling is not required if:

   (A)   The city performs sampling at the industrial user at a frequency of at least once per month, or

   (B)   The city performs sampling at the industrial user between the time when the initial sampling was conducted and the time when the industrial user or the city receives the results of this sampling. (Ord. 2020-018, 10-19-2020)

All industrial users shall promptly notify the city in advance of any significant changes in the volume or character of pollutants in their discharge, including significant manufacturing process changes, pretreatment modifications, and the listed or characteristic hazardous wastes for which the user has submitted initial notification under section 7-7-4-6 of this chapter (cf. 40 CFR 403.12 (p)).

   (A)   The city may require an industrial user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of an industrial wastewater discharge permit application.

   (B)   The city may issue an industrial wastewater discharge permit or modify an existing industrial wastewater discharge permit in response to changed conditions or anticipated changed conditions. (Ord. 2020-018, 10-19-2020)

All users not required to obtain an industrial wastewater discharge permit shall provide appropriate reports to the city as the city may require. (Ord. 2020-018, 10-19-2020)

Industrial users subject to the reporting requirements of this chapter shall retain and make available for inspection and copying all records of information obtained pursuant to any monitoring activities required by this chapter, any additional records of information obtained pursuant to monitoring activities undertaken by the industrial user independent of such requirements, and documentation associated with best management practices (BMPs) that may be established in this chapter. Records shall include the date, exact place, 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 including documentation associated with best management practices. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the industrial user or the city, or where the industrial user has been specifically notified of a longer retention period by the city. (Ord. 2020-018, 10-19-2020)

   (A)   Except as indicated in subsections (B) and (C) of this section, industrial users must collect wastewater samples using twenty four (24) hour flow proportional composite sampling techniques, unless time proportional composite sampling or grab sampling is authorized by the city. Where time proportional composite sampling or grab sampling is authorized by the city, the samples must be representative of the discharges and authorization documentation included in the users' files. Using protocols (including appropriate preservation) specified in 40 CFR part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty four (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 city, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.

   (B)   Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

   (C)   For sampling required in support of baseline monitoring and ninety (90) day compliance reports required in sections 7-7-4-1 (pertaining to BMRs), 7-7-4-2 (pertaining to FCRs), and 7-7-4-3 (pertaining to periodic compliance reports for categorical and noncategorical SIUs) of this chapter, a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfides and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the city may authorize a lower minimum. For the reports, the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.

   (D)   Samples shall be taken immediately downstream from pretreatment facilities if such exist, immediately downstream from the regulated or manufacturing process if no pretreatment exists, or at a location determined by the city and specified in the user's industrial wastewater discharge permit. For categorical users, if other wastewaters are mixed with the regulated wastewater prior to pretreatment, the user shall measure the flows and concentrations necessary to allow use of the combined waste stream formula at 40 CFR 403.6(e) in order to evaluate compliance with the applicable categorical pretreatment standards. For other SIUs, for which the city has adjusted its local limits to factor out dilution flows, the user shall measure the flows and concentrations necessary to evaluate compliance with the adjusted pretreatment standard(s). Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) the adjusted limit along with supporting data shall be submitted to the city and included in the industrial user's file.

   (E)   All sample results shall indicate the time, date and place of sampling and methods of analysis and shall certify that the waste stream sampled is representative of normal work cycles and expected pollutant discharges from the user. If a user sampled and analyzed more frequently than what was required in its industrial wastewater discharge permit, using methodologies in 40 CFR part 136, it must submit all results of sampling and analysis of the discharge as part of its self-monitoring report. (Ord. 2020-018, 10-19-2020)

All pollutant analyses, including sampling techniques, shall be performed in accordance with the techniques prescribed in 40 CFR part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA. (Ord. 2020-018, 10-19-2020)

If the city elects to conduct periodic monitoring of an industrial user's discharge, the city shall follow the same procedures outlined in sections 7-7-5-1 and 7-7-5-2 of this chapter as required of industrial users. (Ord. 2020-018, 10-19-2020)

The city shall have the right to enter the premises and facilities of any industrial user to determine whether the user is complying with all requirements of this chapter and any industrial wastewater discharge permit or order issued hereunder. Industrial users shall allow the city ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

   (A)   Where an industrial user has security measures in force which require proper identification and clearance before entry into its premises, the industrial user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the city shall be permitted to enter without delay for the purposes of performing specific responsibilities.

   (B)   The city shall have the right to set up on the industrial user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the industrial user's operations.

   (C)   The city may require an industrial user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the industrial user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated at a frequency to ensure continuous accuracy.

   (D)   Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the industrial user at the written or verbal request of the city and shall not be replaced. The costs of clearing such access shall be borne by the industrial user.

   (E)   Unreasonable delays in allowing the city access to the industrial user's premises shall be a violation of this chapter. (Ord. 2020-018, 10-19-2020)

The city may require an industrial user, at the user's expense, to install a monitoring station, facilities and/or equipment as necessary to allow inspection, sampling, and flow measurements of each sewer discharge to the city and to ensure compliance with this chapter. All monitoring facilities shall be constructed and maintained in accordance with all applicable city construction standards and specifications. All devices used to measure wastewater flow and quality shall be calibrated at a frequency that will ensure their continuous accuracy.

There shall be ample room in or near sampling facilities to allow accurate sampling and preparation of samples for analysis. Sampling facilities, including sampling and measuring equipment, shall be maintained at all times in a safe and proper operating condition at the user's expense. (Ord. 2020-018, 10-19-2020)

If the city has been refused access to a building, structure or property, or any part thereof and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the city designed to verify compliance with this chapter or any industrial wastewater discharge permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the city may seek issuance of a search warrant from the district court of the fifth judicial district, Twin Falls County, Idaho. (Ord. 2020-018, 10-19-2020)

No person shall wilfully or negligently break, damage, destroy, uncover, deface, tamper with, or prevent access to any structure, appurtenance or equipment, or other part of the city's sanitary collection system or treatment facilities. (Ord. 2020-018, 10-19-2020)

Information and data on an industrial user obtained from reports, surveys, industrial wastewater discharge permit applications, industrial wastewater discharge permits, and monitoring programs, and from city inspection and sampling activities shall be available to the public without restriction, unless the industrial user specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable state law. When requested and demonstrated by the industrial user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available immediately upon request to governmental agencies for uses related to the IPDES program or pretreatment program and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 shall not be recognized as confidential information and shall be available to the public without restriction. (Ord. 2020-018, 10-19-2020)

The city shall publish annually, in a newspaper(s) of general circulation that provides meaningful public notice within the jurisdiction(s) served by the city, a list of the users which, at any time during the previous twelve (12) months, were in significant noncompliance (SNC) with applicable pretreatment standards and requirements. For the purposes of this provision, an industrial user is in SNC if its violation meets one or more of the following criteria:

   (A)   "Chronic violations of wastewater discharge limits", defined herein as those in which sixty six percent (66%) or more of all the measurements taken for the same pollutant parameter during a six (6) month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(l);

   (B)   "Technical review criteria (TRC) violations", defined herein as those in which thirty three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six (6) month period equals or exceeds the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(l), multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

   (C)   Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(l) (daily maximum, long term average, instantaneous limit, or narrative standard) that the city determines has caused, alone or in combination with other discharges, interference or pass-through, including endangering the health of city personnel or the general public;

   (D)   Any discharge of a pollutant 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 a discharge;

   (E)   Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in an industrial wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;

   (F)   Failure to provide within forty five (45) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

   (G)   Failure to accurately report noncompliance; or

   (H)   Any other violation(s), which may include a violation of best management practices, which the city determines will adversely affect the operation or implementation of the local pretreatment program. (Ord. 2020-018, 10-19-2020)

When the city finds that a user has violated or continues to violate any provision of this chapter, an industrial wastewater discharge permit, order issued hereunder, or any other pretreatment standard or requirement, the city may serve upon that user a written notice of violation. Within thirty (30) days of the receipt of such 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 city. Submission of such a 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 city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. (Ord. 2020-018, 10-19-2020)

The city may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall 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 7-7-9-4 and 7-7-9-5 of this chapter and shall be judicially enforceable. (Ord. 2020-018, 10-19-2020)

The city may order a user which has violated or continues to violate any provision of this chapter, an industrial wastewater discharge permit, order issued hereunder, or any other pretreatment standard or requirement, to appear before the city 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 fifteen (15) 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. (Ord. 2020-018, 10-19-2020)

When the city finds that a user has violated or continues to violate any provision of this chapter, an industrial wastewater discharge permit, order issued hereunder, or any other pretreatment standard or requirement, the city may issue an order to the user responsible for the discharge directing that the user come into compliance within a time specified in the order. If the user does not come into compliance within the time specified in the order, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders may also 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. (Ord. 2020-018, 10-19-2020)

When the city finds that a user has violated (or continues to violate) any provision of this chapter, an industrial wastewater discharge permit, order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the city 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 preventive 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. (Ord. 2020-018, 10-19-2020)

   (A)   When the city finds that a user has violated or continues to violate any provision of this chapter, an industrial wastewater discharge permit, order issued hereunder, or any other pretreatment standard or requirement, the city may fine such user in an amount not to exceed one thousand dollars ($1,000.00). Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long term average discharge limits, fines shall be assessed for each day during the period of violation.

   (B)   Unpaid charges, fines, and penalties shall, after thirty (30) calendar days, be assessed interest at the same rate and in the same manner as that established by the federal government for the internal revenue service for unpaid taxes and penalties (currently 6 percent on the date of adoption hereof). A lien against the user's property shall be sought for unpaid charges, fines, and penalties.

   (C)   Users desiring to dispute such fines must file a written request for the city to reconsider the fine along with full payment of the fine amount within thirty (30) days of being notified of the fine. Where a request has merit, the city may convene a hearing on the matter within thirty (30) days of receiving the request from the user. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The city may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

   (D)   Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user. (Ord. 2020-018, 10-19-2020)

The city 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 an imminent or substantial endangerment to the health or welfare of persons. The city 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 the environment.

   (A)   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 city shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The city shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the city that the period of endangerment has passed, unless the termination proceedings in section 7-7-9-8 of this chapter 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 recurrence, to the city prior to the date of any show cause or termination hearing under sections 7-7-9-3 and 7-7-9-8 of this chapter.

   Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section. (Ord. 2020-018, 10-19-2020)

In addition to the provisions in section 7-7-3-12 of this chapter, any user that violates the following conditions is subject to discharge termination:

   (A)   Violation of industrial 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 or wastewater volume, constituents and characteristics prior to discharge;

   (D)   Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling; or

   (E)   Violation of the pretreatment standards in section 7-7-2 of this chapter.

   Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under section 7-7-9-3 of this chapter why the proposed action should not be taken. Exercise of this option by the city shall not be a bar to, or a prerequisite for, taking any other action against the user. (Ord. 2020-018, 10-19-2020)

When the city finds that a user has violated, or continues to violate, any provision of this chapter, an industrial wastewater discharge permit, order issued hereunder, or any other pretreatment standard or requirement, the city may petition the district court of the fifth judicial district of the state of Idaho in and for the county of Twin Falls through the city's attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the industrial wastewater discharge permit, order, or other requirement imposed by this chapter on activities of the user. The city 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. (Ord. 2020-018, 10-19-2020)

   (A)   A user which has violated or continues to violate any provision of this chapter, an industrial wastewater discharge permit, order issued hereunder, or any other pretreatment standard or requirement shall be liable to the city for a maximum civil penalty of one thousand dollars ($1,000.00) 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.

   (B)   The city 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 damages incurred by the city.

   (C)   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, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.

   (D)   Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user. (Ord. 2020-018, 10-19-2020)

   (A)   A user who wilfully or negligently violates any provision of this chapter, an industrial wastewater discharge permit, order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000.00) per violation, per day, or imprisonment for not more than six (6) months, or both.

   (B)   A user who wilfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a fine of at least one thousand dollars ($1,000.00), or be subject to imprisonment for not more than six (6) months, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.

   (C)   A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, industrial wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be guilty of a misdemeanor and be subject to a fine of not more than one thousand dollars ($1,000.00) per violation per day, or imprisonment for not more than six (6) months, or both. (Ord. 2020-018, 10-19-2020)

The enforcement remedies provided for in this chapter are not exclusive. The city 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 city may take other action against any user when the circumstances warrant. Further, the city is empowered to take more than one enforcement action against any noncompliant user. (Ord. 2020-018, 10-19-2020)

The city may decline to issue or reissue an industrial wastewater discharge permit to any user which has failed to comply with any provision of this chapter, a previous industrial wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement unless such user first files a satisfactory bond, payable to the city, in a sum not to exceed a value determined by the city to be necessary to achieve consistent compliance. (Ord. 2020-018, 10-19-2020)

The city may decline to issue or reissue an industrial wastewater discharge permit to any user who has failed to comply with any provision of this chapter, a previous industrial wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge. (Ord. 2020-018, 10-19-2020)

The city may decline to issue or reissue an industrial wastewater discharge permit to any user who has failed to pay any outstanding fees, fines or penalties incurred as a result of any provision of this chapter, a previous industrial wastewater discharge permit, or order issued hereunder. (Ord. 2020-018, 10-19-2020)

Whenever a user has violated or continues to violate any provision of this chapter, an industrial wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will only recommence, at the user's expense, only after the user has satisfactorily demonstrated its ability to comply. (Ord. 2020-018, 10-19-2020)

A violation of any provision of this chapter, an industrial wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the city. Any person(s) creating a public nuisance shall be subject to the provisions of this code governing such nuisances, including reimbursing the city for any costs incurred in removing, abating, or remedying said nuisance. (Ord. 2020-018, 10-19-2020)

The city may pay for information leading to the discovery of noncompliance by a user. (Ord. 2020-018, 10-19-2020)

Users which have not achieved compliance with applicable pretreatment standards and requirements are not eligible to receive a contractual award for the sale of goods or services to the city. Existing contracts for the sale of goods or services to the city held by a user found to be in significant noncompliance with pretreatment standards or requirements may be terminated at the discretion of the city. (Ord. 2020-018, 10-19-2020)

   (A)   For the purposes of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

   (B)   An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of subsection (C) of this section are met.

   (C)   A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

      1.   An upset occurred and the user can identify the cause(s) of the upset;

      2.   The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and

      3.   The user has submitted the following information to the city and treatment plant operator within twenty four (24) hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within 5 days):

         (a)   A description of the indirect discharge and cause of noncompliance;

         (b)   The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and

         (c)   Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

   (D)   In any enforcement proceeding the user seeking to establish the occurrence of an upset shall have the burden of proof.

   (E)   Users shall have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.

   (F)   Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of their treatment facilities until the facilities are restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails. (Ord. 2020-018, 10-19-2020)

A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the prohibitions in subsections 7-7-2-1(A) and (B)3 through (B)7 of this chapter if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass-through or interference and that either: a) a local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass-through or interference; or b) no local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the city was regularly in compliance with its IPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements. (Ord. 2020-018, 10-19-2020)

   (A)   Definitions: For the purposes of this section:

   BYPASS: The intentional diversion of waste streams from any portion of a user's treatment facility.

   SEVERE PROPERTY DAMAGE: 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. Severe property damage does not mean economic loss caused by delays in production.

   (B)   Occurrence Of Bypass: A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of subsections (C) and (D) of this section.

   (C)   Bypass Notifications:

      1.   If a user knows in advance of the need for a bypass, it shall submit prior notice to the POTW at least ten (10) days before the date of the bypass, if possible.

      2.   A user shall submit oral notice to the city of an unanticipated bypass that exceeds applicable pretreatment standards within twenty four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; 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 steps taken or planned to reduce, eliminate, and prevent recurrence of the bypass. The city may waive the written report on a case by case basis if the oral report has been received within twenty four (24) hours.

   (D)   Bypass Prohibition And Conditions:

      1.   Bypass is prohibited, and the city may take an enforcement action against a user for a bypass, unless:

         (a)   Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

         (b)   There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and

         (c)   The user submitted notices as required under subsection (C) of this section.

      2.   The POTW may approve an anticipated bypass, after considering its adverse effects, if the POTW determines that it will meet the three (3) conditions listed in subsection (D)1 of this section. (Ord. 2020-018, 10-19-2020)

[RESERVED] (Ord. 2020-018, 10-19-2020)

The city may adopt reasonable fees for reimbursement of costs of setting up and operating the city's pretreatment program which may include:

   (A)   Fees for industrial wastewater discharge permit applications including the cost of processing such applications;

   (B)   Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports and certification statements submitted by users;

   (C)   Fees for reviewing and responding to accidental discharge procedures and construction;

   (D)   Fees for filing appeals;

   (E)   Fees to recover administrative and legal costs associated with enforcement activity taken by the city to address industrial user noncompliance; and

   (F)   Other fees as the city may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this chapter and are separate from all other fees, fines, and penalties chargeable by the city. (Ord. 2020-018, 10-19-2020)

If any provision of this ordinance is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect. (Ord. 2020-018, 10-19-2020)

All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this chapter are hereby repealed to the extent of the inconsistency or conflict. (Ord. 2020-018, 10-19-2020)

This chapter shall be in full force and effect immediately following its passage, approval and publication, as provided by law. (Ord. 2020-018, 10-19-2020)

The definitions given herein shall govern the construction of this chapter and its application unless otherwise apparent from the context:

ASTM: American Society for Testing Materials.

AWWA: American Water Works Association.

BUILDING WATER LINE: The water line between the water meter and the building.

CITY ENGINEER: As provided in this code.

MAY: Is permissive (see definition of Shall).

OWNER: A person owning real estate which is or proposes to be, connected to the water system.

PERSON: Any individual, firm, company, association, society, corporation or group.

PUBLIC WATER LINE: A common water line controlled by a governmental agency or public utility.

SHALL: Is mandatory (see definition of May).

USER: With respect to residential real property, “user” means the owner of the real property. With respect to non-residential property, “user” means the occupant or owner of the real property.

WATER: Potable water intended for human consumption and free from any bacteria which are harmful to health. All other water shall be considered as polluted water.

WATER DISTRIBUTION SYSTEM: A collective term referring to the entire piping system that transports water from the water reservoirs to the users.

WATER SUPERINTENDENT: The person appointed by the city manager to be responsible for the operation and maintenance of the water supply and distribution department.

WATER SUPPLY SYSTEM: A collective term referring to all facilities necessary to purify and transport water from its source to the water distribution system.

WATER SYSTEM: A collective term referring to all supply and distribution facilities necessary to transport water from its source to the users. (Ord. 1758, 3-5-1976; amd. 1980; Ord. 3106, 10-5-2015; Ord. 2022-08, 11-7-2022)

It shall be unlawful for any person to maliciously, wilfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the water supply system or for any person except authorized city employees, to operate or attempt to draw water from or obstruct, cover or otherwise deny or restrict access to or the use of any fire hydrant, water meter, valve or other outlet or access point designed for the use of the city personnel unless written permission is obtained from the water superintendent.

If any water user fails to remove any tree limbs, shrubs or other restrictions or obstructions to any fire hydrant, water meter, valve or other outlet or access point designed for use by city personnel, after ten (10) days' prior written notice mailed to the water user's billing address, the city may hire the work done and the cost of this service shall be the obligation of the water user and will be charged to the water bill next following the removal of the restriction or obstruction. (Ord. 2374, 4-20-1992)

   (A)   It shall be unlawful to construct or maintain any private water source or to connect to or use the city water system except as herein provided.

   (B)   All houses, buildings or properties under the jurisdiction of the city used for human occupancy, employment, recreation or other purposes that contain facilities designed to supply water for human consumption shall connect such facilities to a public or private water source conforming to the provisions contained herein and no permit to construct a building shall be issued until evidence has been submitted to the building official that the owner has obtained a permit as provided herein to construct a private water supply or to connect to a public water line for the purpose of water supply.

   (C)   The owners of all new houses, buildings or properties abutting on any street, alley or other right of way in which there is located a public water line of the city, shall, at the owner's expense, make the necessary line extensions, connect to and use the water from the public water lines as provided herein; providing, that said public water line is within one hundred feet (100') (30.5 meters) of his property line.

   (D)   The owners of all existing houses, buildings or properties served by a private water supply shall, at the owner's expense, abandon the private water supply and make the necessary line extensions, connect to and use the water from the public water line, at any time a public water line becomes available for extension and/or connection within one hundred feet (100') (30.5 meters) of the property line, providing the state department of health and welfare or the city water superintendent notifies the owner, in writing, that the private water supply is polluted.

   (E)   The developer of a new subdivision shall, at his expense, construct the necessary extensions of the public water system to provide a public water supply for each lot in his subdivision, providing the boundary line of the subdivision is within one-half (1/2) mile of a public water line.

   (F)   Notwithstanding the foregoing, the use of the city's potable water supply as the primary source of irrigation water in all new developments shall be prohibited, unless negotiated and approved by the City Engineer. For purposes of this subsection, the term "new development" means any new subdivision or ZDA, or any development of any parcel of land of two (2) acres or larger that is not part of a subdivision or ZDA.

(Ord. 1758, 3-15-1976; amd. 1980; Ord. 3082, 12-8-2014; Ord. O-2025-003, 1-27-2025)

   Any owner of property outside the corporate limits of the city who desires to connect to a public water line shall first obtain approval of the city council and upon such approval shall sign a contract for providing water service. Approval by the city council shall be based on the availability of surplus capacity in the public facility and the council's determination that the connection will not have a detrimental effect on the health, safety or welfare of the other users of the water system. The contract for providing water service shall, as a minimum, contain the following provisions:

   (A)   A request that the property served be annexed into the city immediately upon becoming contiguous to said city.

   (B)   An agreement to comply with all policies, rules and regulations governing the water system and to pay all fees and charges for services provided, all as established herein.

   (D)   An acknowledgment that the use of the public water system is granted only because surplus capacity is available and agreement that such use may be terminated by the city council at any time said council determines that such surplus capacity is no longer available or determines the terms of the agreement are not being complied with by the owner.

   (E)   Notwithstanding the foregoing, the use of the city's potable water supply as the primary source of irrigation water in all new developments shall be prohibited, unless negotiated and approved by the City Engineer. For purposes of this subsection, the term "new development" means any new subdivision or ZDA, or any development of any parcel of land of two (2) acres or larger that is not part of a subdivision or ZDA.

(Ord. 1758, 3-15-1976; amd. 1980; Ord. 3082, 12-8-2014; Ord. O-2025-003, 1-27-2025)

It shall be unlawful for any person to do any of the following:

   (A)   To discharge or cause to be discharged any substance into any public water line without written permission from the water superintendent or city engineer.

   (B)   To allow a public water source to be connected directly to or an opening from such source to come in contact with any polluted waters or substances that could cause the water source to become polluted.

   (C)   To waste water or allow it to be wasted by imperfect stops, valves, leaky joints or pipes or allow water to wastefully run from any source, whether he is paying for such wasted water or not. (Ord. 1758, 3-15-1976; amd. 1980)

   (D)   To use water from a public water line unless he has made application therefor, paid all required fees and charges, and signed an agreement with the city to pay all water, sanitation and wastewater user charges when due, and to be governed by all rules and regulations as provided herein 2 .

If a water user fails to pay the water, sanitation or wastewater user charges within thirty (30) days after due, the city shall have the power to turn off the water at said premises and assess a service charge of ten dollars ($10.00) against the delinquent account. Said user and his guarantor shall not receive water service at said premises or elsewhere until all delinquent user charges and service charges have been paid and he has made a new application therefor in accordance with the provisions herein.

If the city has found it necessary to turn off water as provided above, two (2) or more times due to nonpayment of user charges by the same user, it shall have the power to require that the user deposit with the city a sum of money equal to the estimated user charges for a three (3) month period as a guarantee that said user charge will be paid when due. In the event a water user, owner or guarantor has a deposit and defaults in the payment of the water, sanitation or wastewater user charges or service charges as required herein, the deposit or as much thereof as may be necessary shall be applied upon the delinquent charges and the balance thereof refunded to said user and the water service shall not be turned on again until said user again meets the requirements as above provided. (Ord. 2496, 7-10-1995)

   (A)   When connection to a public water supply is not required as provided herein, then an owner may construct and maintain at his expense a private water supply in accordance with this section.

   (B)   Before commencement of construction of a private water system the owner shall obtain a permit from the Idaho department of health and welfare. The application for such permit shall be made through said department and the applicant shall furnish any plans, specifications and other information as are deemed necessary by said department.

   (C)   A permit for a private system shall not become effective until the installation is completed to the satisfaction of the Idaho department of health and welfare. The department's representative shall be allowed to inspect the work at any stage of construction, and in any event, the applicant for the permit shall notify the department when the work is ready for final inspection and before any underground portions are covered.

   (D)   The type, capacity, location and layout of a private water system shall comply with all recommendations of the Idaho department of health and welfare.

   (E)   The owner shall operate and maintain the private water system in a sanitary manner at all times, at no expense to the city.

   (F)   Whenever an owner connects to the public water system he shall, at his expense, physically disconnect any private water source from the public water source in such a manner that water from a private source will never pass through the same pipes that carry any water from the public source except as may be approved by the city council, water superintendent and state department of health and welfare. Such approval shall be contingent upon the owner, at his expense, adequately testing the private water source to assure the water superintendent that the private source is not and has not become polluted and the construction of an approved positive air separation or reduced pressure backflow prevention system, or double check valve device between the private source and the public water line to guarantee that no water from the private source can enter a public water line if a negative pressure should occur in the public water line, all as required by law. (Ord. 1758, 3-15-1976; amd. 1980)

   (G)   No statement contained in this section shall be construed to interfere with or supersede any additional requirements that may be imposed by the Idaho department of health and welfare. (Ord. 1758, 3-15-1976)

   (A)   No person except authorized city employees shall uncover, make any connections with or openings into, use, alter or disturb, any public water line or appurtenances thereof without first obtaining a written permit from the city engineer or water superintendent.

   (B)   There shall be two (2) classes of water service connection permits:

      1.   A general permit for general use of water; and

      2.   A fire permit for use of water only for fire protection systems.

Both classes of permits shall be further classified by size and as in-city and out of city permits.

In-city permits shall be applied for by the owner or his agent on a form provided by the city clerk. In-city permits shall be approved by the water superintendent. Approval shall only be contingent upon the availability of a public water line adjacent to the owner's property and the applicable provisions of this chapter.

Out of city permits shall be applied for by the owner on a form provided by the city engineer and shall be accompanied by an executed copy of the standard agreement for services outside the city limits. Out of city permits shall be approved by the city council based on recommendation by the water superintendent and the city engineer. Approval shall be contingent upon the availability of a public water line adjacent to the owner's property, execution of the agreement for services outside the city limits, conformance of the proposed land use with city comprehensive plans and the applicable provisions of this chapter. (Ord. 1758, 3-15-1976)

   (C)   Service connections shall include the tap into the public water line, the water service line between the tap and the water meter, the water meter, meter stand and meter vault. All taps which are constructed into public water lines shall be constructed by city forces. Service connections to existing public water lines shall be constructed by city forces. Water service lines in new subdivisions shall be constructed by city forces or by a qualified contractor after first obtaining a written permit from the city engineer or water superintendent. All such service lines shall be as directed and approved by the city engineer or water superintendent. The owner shall construct all other portions of the building water system.

The owners or group of owners constructing new public water line extensions in new subdivisions shall include new service connections for each potential user and construct the water service line connections thereto, all as directed and approved by the city engineer or water superintendent.

Service connections or meters installed in new subdivisions which require relocation will be relocated by city forces. Any cost for relocation of service connections or meter relocations will be the responsibility of the person requesting said relocation. The cost of relocation or removal will be based upon actual time, equipment and materials expended by city forces in doing said work. Until said cost is paid by the person requesting same, no water service will be provided to said location. (Ord. 2399, 1-4-1993)

   (D)   A separate and independent building water line and service connection shall be provided for every building, except where one building stands at the rear of another on an interior lot and no public water line is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the water superintendent may allow the front building water line to be extended to the rear building and the whole considered as one building water line, but the city does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.

When such connection is allowed through one meter, it shall be assumed that each user uses an equal portion of the total volume of water passing through such meter and each such user shall be charged for water service as though he were on a separate meter. A violation of the water or wastewater regulations 1 by one user which results in termination of service will cause termination of service to all of the other users on such a connection.

   (E)   Old building water lines may be used in connection with new buildings only when they are found, on examination and test by the water superintendent, to meet all requirements of this chapter. (Ord. 1758, 3-15-1976)

   (F)   The size, alignment and materials of construction of a building water line, and the methods to be used in excavating, placing of the pipe, connection into the public water line, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing codes 2 or other applicable rules and regulations of the city. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and AWWA standards shall apply. (Ord. 1758, 3-15-1976; amd. Ord. 3072, 6-2-2014)

   (G)   No person except authorized city employees shall turn water on or off at the meter or otherwise tamper with a meter or box. A water valve for the use of the owner shall be installed in all building water lines so that water may be turned off and on between the meter box and the building. (Ord. 1758, 3-15-1976)

   (H)   Water of quality, quantity and pressure type characteristics as shall supply general public domestic use and city fire department uses will be provided by the city in conformance with this code. A water user desiring water characteristics in excess of general public domestic use for the purpose of, but not limited to: water softening, mineral removal and increased pressures, may apply to the city council for approval of securing such additional characteristics at the applicant's full expense, cost and payment. (Ord. 1798, 2-7-1977)

   (A)   Water connection fees shall be established by resolution of the city council. The fee so established shall be sufficient to reimburse the city for all connection costs, excluding the cost of the meter. Each fee, including the system development fee, unless otherwise provided herein, shall be a fixed amount representing the average cost incurred for performing the service for which reimbursement is sought. The following fees shall be established: (Ord. 1758, 3-15-1976; amd. 1980)

      1.   General Permit: Reimbursement for processing applications for a general water permit, tapping the public water line and constructing the meter and box.

      2.   Fire Permit: Reimbursement for processing applications for a fire water permit and tapping the public water line.

      3.   Service Line: Reimbursement for constructing a water service line.

      4.   Fire Line: Reimbursement for constructing a fire line.

All owners applying for a general permit or fire permit shall pay the respective permit fee. When city forces are required, as provided herein, to construct the water service line or fire line, the owner shall also pay the respective line fee.

There shall be established fixed fees for standard size connections which are fifty feet (50') or less in length. If a larger than standard size connection is required the owner shall pay the fixed fee for the largest standard size connection plus the cost of the larger size connection to include the extra cost of any larger size meter. If a longer than fifty foot (50') service or fire line is required the owner shall pay the fee for the standard length plus the actual cost of the extra length. If any rock excavation is required the owner shall pay the cost of such excavation in addition to any other fees or charges.

   (B)   General user charges shall be established by resolution of the City Council. All charges so established shall be in proportion to the benefits derived by the user from the water service. The charges so established shall generate sufficient revenue to repay any indebtedness, to operate and maintain the water supply and distribution facilities and to build a reserve fund sufficient to pay for future capital improvements to the water system. The cost to be paid by each user shall be based on the volume of water supplied.

   (C)   Fire user charges may be established by resolution of the City Council. All users with a fire connection shall pay the fire user charge so established. Any charge so established shall be a fixed monthly charge to reimburse the general users for providing an adequate supply of water for fire protection.

   (D)   Turn-on charges shall be established by resolution of the City Council. The charge so established shall be a fixed charge to reimburse the City for turning water on and off at the meter and for processing user applications for water service. Turn-on charges shall be paid at the time a water turn-on is requested.

   (E)   The City shall install, as provided herein, a flow measuring device to measure the volume of water used. The City will read all flow measurements required to calculate the user charges.

There are hereby established the following funds for the purpose of accounting for revenues received and expenditures made in the Water Supply and Distribution Department of the City.

   (A)   Water Works Fund: This Fund shall be used to receive all revenues and to disperse expenditures for the operation and maintenance of the Water Supply Division and the Water Distribution Division and to disperse funds into the 1965 Water Bond Fund. Expenditures for water supply shall be accounted for separately from expenditures for water distribution.

   (B)   1965 Water Bond Fund: This Fund shall be used to receive funds transferred from the Water Works Fund and to disperse expenditures to redeem the 1965 water bonds. This Fund shall show a minimum balance in accordance with the requirements of the Water Bond Ordinance and shall carry all differences between the total amount of accumulated revenue received and the expenditures that have been made during a given year.

The above Funds shall be shown in the annual accounting of the City as follows:

   WATER WORKS FUND

 

   (A)   All design plans and specifications for the construction of public water lines shall be prepared and approved by a professional engineer registered in the State of Idaho. All plans and specifications shall conform to standards established by the City Engineer and shall be approved by him and the Water Superintendent prior to construction of any public water line.

   (B)   All public water lines shall be constructed in a public utility easement, traffic way or other approved right of way, properly dedicated to the public, which is not less than fifteen feet (15') in width.

   (C)   The user shall be responsible for the design and construction of a public water line in accordance with the policies established by a resolution of the City Council for the "engineering and construction of improvements within public rights of way and easements within the jurisdiction of the City and payment of same" and in accordance with any special agreements required by the City Council.

   (D)   Construction of public water lines shall conform to the approved plans and specifications, this City Code and the standards established by the City Engineer and shall be approved by the City Engineer before the City assumes any responsibility for the maintenance of the water line. The owner or his contractor shall notify the City Engineer one day before any excavation is begun. No trench backfill shall be placed until the City has inspected and approved the water pipe and a City inspector is available to inspect and test the backfill material.

   (A)   The water superintendent or city engineer and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement and other work pertinent to supply of water from the city water system in accordance with the provisions of this chapter.

   (B)   The water superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, repair and maintenance of any portion of the water facilities lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

   (C)   While performing the necessary work on private properties referred to herein, the water superintendent or other duly authorized employees of the city shall observe all safety rules applicable to the premises established by the user, and the user shall be held harmless for injury or death to the city employees, and the city shall indemnify the user against loss or damage to his property by city employees and against liability claims and demands for personal injury or property damage asserted against the user and growing out of such work, except when the same may be occasioned by the negligence of the user.

   (D)   The water superintendent may require a user of water services to provide information needed to determine compliance with this chapter. (Ord. 1758, 3-15-1976)

   (A)   The city manager is hereby empowered to declare an emergency and issue a written order limiting or terminating the use of all or any part of the public water system in the event the supply or pressure of the water in the public system should for any reason become diminished or in danger of becoming diminished or for the protection of the health, safety or welfare of the residents of the city. The effective time of said restrictive use of water shall be at the hour and day said order is issued and any person using water in violation of said order shall be in violation of this code.

   (B)   Should any person violate the water or wastewater regulations 1 established by the city council, the water superintendent is hereby empowered to terminate water and wastewater service to such person until the violation is rectified. (Ord. 1758, 3-15-1976)

   (A)   The 1977 edition of the Idaho regulations for public drinking water systems, section 1-8306, as promulgated by the Idaho department of health and welfare and as now or hereafter amended, is adopted as law by the city together with all subsequent amendments. The most current version of these regulations shall prevail.

   (B)   One copy of said regulations shall be kept on file at the office of the city clerk.

   (C)   The penalty provisions of section 1-4-1 of this code shall be applicable to violations of the above regulations. (Ord. 2037, 2-1-1982)

   (A)   Minimum Standards: The following minimum standards are considered the foundation to "best practices of water use". These standards are in effect from June 1, 2004:

      1.   Increase public awareness of the water supply situation and provide educational materials about best practices of water use.

      2.   Encourage the entire community to conserve water wherever possible.

      3.   No eating establishment, restaurant, hotel, cafe, cafeterias, etc., shall serve drinking water unless expressly requested by a patron and will display notice of such policy.

      4.   Hotels will provide notice of declared water conservation program and encourage conservation practices.

      5.   City facilities will be limited to the following irrigation schedule:

               (a)   Three (3) days a week for facilities using a potable water source,

               (b)   Every other day for facilities using TFCC shares through a pressure irrigation (PI) system.

      6.   Vehicles will be washed only on scheduled irrigation day.

      7.   When using the city of Twin Falls potable water source, landscape irrigation is restricted to the following schedule:

Even numbered addresses: Tuesday, Thursday, Saturday.

Odd numbered addresses: Wednesday, Friday, Sunday.

Premises with no street address, such as a median: Monday, Wednesday, Friday.

      8.   When using the city of Twin Falls potable water source, watering will only be allowed on appropriate irrigation days before ten o'clock (10:00) A.M. or after five o'clock (5:00) P.M.

      9.   Outdoor landscape watering with a drip irrigation system or handheld container is allowed at any time.

      10.   All irrigation systems must be maintained in a manner that promotes efficient watering and limits leaks or damage to the system that would allow flow of water beyond property lines.

      11.   When using TFCC shares through a pressure irrigation system, landscape irrigation is restricted to the following schedule:

Even numbered addresses: Irrigate on even calendar days.

Odd numbered addresses: Irrigate on odd calendar days.

Premises with no street address, such as a median: Every other day.

   (B)   Additional Stage 1 Through 3 Restrictions: When deemed appropriate based on engineering evaluation of projected supply and demand of the city's potable water sources, the city council may move to additional restrictions for use of the city's potable water supply as outlined in stages 1 through 3.

      1.   Stage 1:

               (a)   No water customer shall apply water to impervious surfaces such as streets, sidewalk, patio, deck, etc.

               (b)   Landscape irrigation two (2) days per week on designated days.

City facilities are restricted to two (2) days a week.

Even numbered addresses: Tuesday, Saturday.

Odd numbered addresses: Wednesday, Sunday.

Premises with no street address, such as a median: Monday, Friday.

      2.   Stage 2:

         (a)   No water customer shall apply water to impervious surfaces such as streets, sidewalk, patio, deck, etc.

         (b)   Landscape irrigation one day per week on designated days.

City facilities are restricted to one day a week.

Even numbered addresses: Tuesday.

   Odd numbered addresses: Friday.

Premises with no street address, such as a median: Monday.

      3.   Stage 3:

               (a)   No water customer shall apply water to impervious surfaces such as streets, sidewalk, patio, deck, etc.

               (b)   Indoor use may be reduced by a percentage to be determined by city council.

               (c)   Landscape irrigation two (2) days per month on designated days.

City facilities are restricted to one day a week during the first and third weeks of the month.

Even numbered addresses: Second and fourth Tuesday.

   Odd numbered addresses: First and third Friday.

Premises with no street address, such as a median: Second and fourth Monday.

   (C)   Additional Restrictions: Based upon evaluations of the expected yield of the city's potable water supply and projected demands the city council may impose additional restrictions on water use of the city's potable water supply during any stage up to and including, but not limited to, any of the following:

      1.   No additional water connections to the system allowed; moratorium on building permits.

      2.   Outdoor watering prohibited except for large trees with trunks of at least six inches (6") in diameter.

      3.   Operation of water features prohibited.

      4.   Filling or refilling of water features, pools or ponds prohibited.

   (D)   Duration Of Restrictions: Regular evaluations of the expected yield and projected demands to determine whether it is necessary to continue the water use restrictions. If water supply conditions warrant restrictions may be either downgraded or withdrawn subject to city council approval by resolution.

   (E)   Exceptions: Water customers may use water essential to protect the general public health, safety or welfare. Irrigation systems may be operated at any time for maintenance purposes (not to exceed 10 minutes per station). Customers may apply for relief from the watering schedule for purposes of establishing a new lawn not to exceed three (3) months.

   (F)   Alternate Water Management Plans: A water customer may request relief from applicable restrictions by filing an alternative water management plan with the city's water conservation committee. The city will provide customers with the ability to design water management alternatives that give customers flexibility in meeting the restrictions while achieving maximum conservation goals. The city must give approval to the plan and may require periodic reporting and posted notice of alternate water management plan.

   (G)   Violations And Fines:

      1.   Water Customer's Premises: Each water customer shall be responsible for compliance with this section with respect to the water customer's premises, and shall be responsible for applicable fines for noncompliance with this section. In the event of an alleged violation of this section, proof of the existence of a declared water shortage and proof of any violation of any restriction set forth in this section, together with proof that the violation originated at any water customer's premises shall constitute a rebuttable presumption that the water customer is responsible for the violation.

      2.   Fines Through Stage 2:

First violation: Written warning.

Second violation: Written notice and add a forty dollar ($40.00) fine to the water bill for the premises.

Third violation: Written notice and add an eighty dollar ($80.00) fine to the water bill for the premises.

Fourth violation and subsequent: Written notice and add a one hundred twenty dollar ($120.00) fine to the water bill for the premises.

      3.   Fines Through Stage 3:

First violation: Written notice and add an eighty dollar ($80.00) fine to the water bill for the premises.

Second violation: Written notice and add a one hundred sixty dollar ($160.00) fine to the water bill for the premises.

Third and subsequent: Written notice and add a two hundred forty dollar ($240.00) fine to the water bill for the premises.

      4.   Fine Assessed: Any fine assessed shall be added to the customer's water bill.

      5.   Appeal: Any appeal of a fine imposed may be appealed within fifteen (15) days of the billing date through the water conservation committee. Any decision of the water conservation committee may be appealed to the city council within fifteen (15) days of the decision. Appeals must be in writing addressed to the utility billing department.

      6.   Notice: Written warning or notice shall be delivered in person to the customer's premises by leaving it with a person at the premises or posted on the front door if no one is present to accept it. (Ord. 2940, 5-27-2008)

BACK PRESSURE: A pressure, higher than the supply pressure, caused by a pump, elevated tank, boiler, or any other means that may cause backflow.

BACK SIPHONAGE: The flowing back of used water or other liquids, mixtures or substances into the distribution pipes of a potable water supply system from any source other than the intended source, caused by the reduction of pressure in the potable water supply system.

BACKFLOW: The reversal of the normal flow of water in a potable water distribution system as a result of cross connection.

BACKFLOW PREVENTION DEVICE OR ASSEMBLY: A device, assembly or means designed to prevent backflow. See plumbing code, as adopted for specifications of such devices or assemblies.

CROSS CONNECTION: Any actual or potential connection between a potable water system and any other source or system through which it is possible to introduce into the public drinking water system any used water, industrial fluid, gas or substance other than the intended potable water. (Ord. 2638, 12-27-1999; amd. Ord. 2671, 10-30-2000; Ord. 3072, 6-2-2014)

No water service connection to any premises shall be installed or maintained by the city or any other water utility, unless the water supplying the premises is protected as required by state and city laws and regulations. Atmospheric and pressure vacuum breakers must be approved by the International Association Of Plumbing And Mechanical Officials. It shall be the responsibility of the owner of occupiable premises to effect installation and inspections as required herein, and to immediately give notice to the supplier water utility of any deficiencies of his/her water system in that regard. (Ord. 2671, 10-30-2000)

It shall be the responsibility of the owner of property where water is consumed to purchase, install, test and maintain backflow prevention devices or assemblies commensurate with the degree of hazard wherever it will be possible for used, unclean, polluted or contaminated water, mixtures, or substances to enter any portion of his/her potable water system, and to otherwise control cross connections. Such owner shall have certified inspections and operational tests made at least once a year at the owner's own expense. Where the city deems the hazard to be great, the city may require the owner to have such inspections and tests at a more frequent interval as prescribed by the city. All such tests shall be made according to the standards set forth by the state of Idaho department of environmental quality (DEQ). Test reports will be made in triplicate, with copies going to the owner, the city water department and one retained by the inspector for their records. (Ord. 2671, 10-30-2000)

The building official of the city and the state plumbing inspector will review all plans and inspect new construction to ensure that unprotected cross connections are not an integral part of the owner's water system. If a cross connection cannot be eliminated, protection will be required. Installation of an air gap or other approved backflow prevention device or assembly, in accordance with the plumbing code, Idaho Code 37-2102, IDAPA 58.01.08, table 900.02, and the current edition of the "Accepted Procedures And Practice In Cross Connection Control Manual - Pacific Northwest Section Of American Water Works Association (AWWA)", as adopted. Water vacating the drinking water supply must do so by means of an approved air gap or mechanical backflow prevention device or assembly as required by said code. The owner shall provide the building official with verification of a certified test of the backflow prevention device or assembly before a certificate of occupancy is issued. (Ord. 2719, 4-15-2002; amd. Ord. 3072, 6-2-2014)

Whenever the city deems that a service connection's water usage contributes a sufficient hazard to the water supply and a property owner has not made appropriate installation, the installation of an approved backflow prevention device or assembly shall be required on the lateral service line of the owner's water system, at or near the property line, or immediately inside the building being served, but before the first branch line leading off the lateral service line in any event. The type of protective device or assembly required shall comply with local and state requirements. The owner shall provide the city water department with a certified test of such backflow prevention devices or assemblies within ten (10) working days after their initial installation in order to determine their adequacy. (Ord. 2638, 12-27-1999)

All backflow prevention assemblies existing, which do not meet the requirements hereof shall nonetheless be required to comply with the requirements of this chapter. Backflow prevention assemblies that are deemed by the building official or the water department to be nonetheless adequate for the purposes intended, in which event compliance with any particular provision hereof may be waived in writing by the city. Such previously existing assemblies shall be subject in any event to the periodic inspection and testing. Whenever an existing assembly is moved to another location, or requires more than minimum maintenance, or where it is determined to constitute a hazard to health, the unit shall be replaced by an approved backflow prevention device or assembly meeting the requirements of this chapter. (Ord. 2638, 12-27-1999)

The maintenance, including necessary repairs, of all backflow prevention devices or assemblies and cross connection control devices required by this chapter shall be the responsibility of the owner of property where an assembly or device is installed, and failure to adequately maintain any required equipment shall be a violation hereof. All installations and repairs of such equipment shall be effected by a certified journeyman plumber or other agent of the owner, provided he/she is a certified backflow technician. (Ord. 2638, 12-27-1999)

All water systems shall be open for inspection at all reasonable times by authorized representatives of the city water department in order to determine whether cross connections or other structural or sanitary hazards including violations of this chapter exist. In order to make such determination, the inspection shall include access to above ceiling areas, pits, paneled interior areas, or their locations where cross connections might exist. The owner and any occupant shall be responsible to provide a route of access across the property for inspection purposes that is free from litter, overgrowth, the threat of a vicious animal, or other hindrance that may be detrimental to the safety of the inspector or obstructive to his/her ease of access. (Ord. 2638, 12-27-1999)

All tests of backflow prevention devices or assemblies shall be conducted by a certified backflow technician who will be responsible for the competence and accuracy of all tests and reports. Such technician shall be responsible for the following:

   (A)   Assure that acceptable testing equipment and procedures are used for the testing, repairing or overhauling of backflow prevention devices or assemblies.

   (B)   Make report of such testing and/or repair within required times to the owner and the city water department on a form approved for such use by the city water department.

   (C)   Include in all reports a list of any materials or replacement parts used.

   (D)   Assure that replacement parts are equal in quality to original parts and that any testing, repair or replacement does not change the design or operational characteristics of the assembly.

   (E)   Maintain his/her license in current condition and his/her testing equipment in proper operating condition.

   (F)   Be equipped with, and competent to use, all necessary tools, gauges, and other equipment necessary to properly test and maintain backflow prevention devices or assemblies. (Ord. 2638, 12-27-1999)

   (G)   Tag each double check valve, pressure vacuum breaker, reduced pressure backflow assembly or other backflow prevention device or assembly showing the serial number, date tested, and by whom, together with the technician's license number.

   (H)   Inspect high hazard air gap assemblies. (Ord. 2671, 10-30-2000)

   (I)   Comply with all OSHA standards on confined spaces, including procedures for entering such spaces and required safety equipment. (Ord. 2719, 4-15-2002)

Although failure of a consumer to be aware of this chapter shall be no defense to violation hereof, the water department shall use reasonable means to notify its customers of the hazards of cross connections and the need for annual inspection of backflow prevention devices or assemblies. (Ord. 2638, 12-27-1999)

The water department shall keep records of cross connection hazards and the condition of backflow prevention devices or assemblies, including those records required by state and federal agencies. (Ord. 2638, 12-27-1999)

Service of water to a consumer on property found to be in violation of this chapter should be discontinued by the city after written notice of the violation to both the owner and consumer, if different. A violation exists if:

   (A)   Backflow prevention assemblies required by this chapter for control of cross connections that are not installed, tested, or maintained, as required herein.

   (B)   It is found that a backflow prevention assembly has been removed or bypassed.

   (C)   An unprotected cross connection exists on the premises.

   (D)   The periodic system inspection required herein has not been conducted.

   (E)   A false report or false information is provided to the city by or on behalf of the owner or consumer, with regard to the cross connection or backflow prevention assembly.

Where written notification of a deficiency is provided by the city, and the owner fails to take the required corrective action within ten (10) days after the date of mailing such notice, the city shall immediately discontinue water service unless the city, at the request of the owner, authorizes a longer time for completion. Water service will not be restored until all existing conditions or defects are corrected. In the event that there exists a noncompliance with state or local law or other circumstances, which poses a significant health hazard, the city may immediately discontinue water service until compliance is attained or the significant health hazard is removed. (Ord. 2638, 12-27-1999)