HomeMy WebLinkAbout04600 As Amended April 23, 1979
ORDINANCE NO. 4610,0.
AN ORDINANCE RELATING TO SEWERS, IM-
POSING HIGH STRENGTH WASTEWATER SUR-
CHARGES , ESTABLISHING PROCEDURES FOR
DETERMINING SUCH SURCHARGES, REGULATING
THE USE OF SEWERS AND PROVIDING PENALTIES
FOR VIOLATIONS THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PUEBLO,
COLORADO, that:
(Brackets indicate material being deleted; underscoring indicates
new material to be added. )
SECTION 1.
Title XVI , Water and Sewer, of the 1971 Code of Ordinances
of the City of Pueblo is hereby amended by the addition of the
following Chapter 7 .
"CHAPTER 7
SEWER USE REGULATION AND
WASTEWATER SURCHARGES
SECTION SUBJECT
16-7-1 High Strength Wastewater Surcharge
16-7-2 Surcharge Classification and Rates
16-7-3 Surcharge Billings
16-7-4 Payment, Delinquency and Penalties
16-7-5 Appeals
16-7-6 Decision on Appeal
16-7-7 Sampling
16-7-8 Laboratory Testing
16-7-9 Biennial Review
16-7-10 Effluent Meter
16-7-11 Inspection
16-7-12 On-Site Treatment
16-7-13 Prohibited Waste
16-7-14 Other Prohibited Discharges
16-7-15 Clear Water
16-7-16 Grease Interceptors
16-7-17 Pretreatment
16-7-18 Building Permits
16-7-19 Violation Notices and Penalty
16-7-20 Damages
16-7-21 Enforcement
16-7-22 Director
16-7-23 Use of Public Sewers Required
16-7-24 Notification
16-7-25 Severability
16-7-1 : HIGH STRENGTH WASTEWATER SURCHARGE
(a) All users of the City of Pueblo wastewater collection
and treatment facilities discharging wastewater containing greater
than three hundred (300) milligrams per liter of five-day bio-
chemical oxygen demand (B .O.D. ) or containing greater than three
hundred forty (340) milligrams per liter of suspended solids (S .S. )
shall be assessed a high strength wastewater surcharge in accordance
with the provisions of this Chapter.
(b) Users discharging wastewater containing less than 300
milligrams per liter of five-day biochemical oxygen demand and less
than 340 milligrams per liter of suspended solids shall not be
assessed a high strength wastewater surcharge for that particular
category, nor shall there be a credit given to that total surcharge.
(c) Users discharging toxic pollutants or prohibited wastes
which cause an increase in the cost of operating and maintaining
the treatment works, or managing the effluent or the sewage
sludge shall be assessed and pay a surcharge equal to such
- increased costs.
16-7-2 : SURCHARGE CLASSIFICATION AND RATES
(a) Except where specifically assigned to a classification
under subsection (b) , individual users or types of users shall be
assigned to a classification on the basis of the following formula:
-2-
EL = (BOD-300) + /T. 05 (SS-340)7
The following definitions shall be used in the above
formula:
EL = Equivalent loading of wastewater upon the sewage
treatment works.
BOD = Five-day biochemical oxygen demand strength
index in milligrams per liter by weight as
determined by the Director of Public Works.
SS = Suspended solids strength index in milligrams per
liter by weight as determined by the Director
of Public Works .
Individual users or type of users shall be assigned to a
Class in accordance with the following:
(1) When EL is a value between one (1) and two hundred
fifty (250) , the user shall be assigned to Class I unless
otherwise provided for in this Chapter.
(2) When EL is a value between two hundred fifty-one
(251) and five hundred fifty (550) , the user shall be
assigned to Class II unless otherwise provided for in
this Chapter.
(3) When EL is a value between five hundred fifty-one
(551) and nine hundred (900) , the user shall be assigned
to Class III.
(4) When EL is a value in excess of nine hundred (900) ,
the user shall be assigned to Class IV.
(b) The high strength wastewater surcharge shall be applied
to users of the City wastewater collection and treatment facilities
in accordance with the following classification system and rate
structure:
(1) Class I
Users in this Class shall include but not be limited to
the following types of dischargers and shall be assessed a
high strength wastewater surcharge of $ . 010 per 1, 000 gallons
of wastewater discharged.
-3-
Malt Producers
Macaroni and Spaghetti Producers
Fabricated Plate Works
Manufacturing Industries
Linen Suppliers
Fruit and Vegetable Canning
Ink Manufacturing
Sugar Processing
Commercial Laundries
Hotels , Motels with Restaurants
Tallow Rendering
(2) Class II
Users in this Class shall include but not be limited to
the following types of dischargers and shall be assessed a
high strength wastewater surcharge of $ . 031 per 1,000 gallons
of wastewater discharged.
Corrugated Box Producers
Steel Wire Manufacturing
Eating Places
Meat Packing
(3) Class III
Users in this Class shall include but not be limited to
the following types of dischargers and shall be assessed a
high strength wastewater surcharge of $ . 058 per 1, 000 gallons
of wastewater discharged.
Bakeries
Dairy Products Processing
Industrial Laundries
Drum Cleaning
(4) Class IV
Users in this Class shall include the following types
of dischargers:
(a) All users of the City of Pueblo collection
and treatment facilities discharging greater
than an average of 1,000, 000 gallons of
wastewater per month.
(b) Septic Tank Pumpers and Haulers
Pharmaceutical Manufacturers
Miscellaneous Food Manufacturers
Grain Mills
Leather Tanning
Inorganic Chemical Manufacturers
Animal Fats and Oil Processing
Slaughterhouses
(c) Dischargers determined by the Director of
Public Works to be inappropriate for assignment
to Class I , II or III . Such dischargers shall
include users which would not be reasonably
assessed their proportionate share of the
total cost of the operation and maintenance
of the wastewater treatment and collection
facilities by assignment to any of the foregoing
classes .
-4-
Users included in this Class shall be assessed a high
strength wastewater surcharge based upon the following
formula:
SC = TClus /TVw x 8 . 34) 7a (BOD-300) plus b
(SS-340)// (Note: In the above formula the
brackets do not represent deletion)
The following definitions shall be used in the above
formula:
SC = Surcharge in dollars for the month
TC = Cost of a set of tests for BOD and SS
Vw = Volume of water in millions of gallons
for the month from the records of the
Pueblo Board of Water Works
8. 34 = Conversion factor: one gallon of water
to pounds
a = Unit charge for BOD in dollars per pound
- $0 . 0098
BOD = Five-day biochemical oxygen demand strength
index in milligrams per liter by weight
as determined from one or more tests by
an independent laboratory taken monthly
300 = Pueblo standard BOD strength in milligrams
per liter by weight
b = Unit charge for suspended solids in dollars
per pound = $0 . 0093
SS = Suspended solids strength index in
milligrams per liter by weight as
determined from one or more tests by
an independent laboratory taken monthly.
All Class IV users shall have samples collected and a
test report prepared in a manner approved by the Director
of Public Works at least twice annually or more frequently
if so directed in writing by the Director of Public Works .
16-7-3 : SURCHARGE BILLINGS
(a) The high strength wastewater surcharge shall be billed
by the City of Pueblo Department of Finance at the following billing
interval:
1. Monthly for all Class IV users .
2 . Semi-annually for all users discharging an average
of less than 50,000 gallons per month as determined through
the Sewer User Charge monthly billings.
3. Quarterly for all other users .
-5-
(b) Any individual user may request that the billing interval
be more frequent than specified in the foregoing subsection,
provided, however, that no billing interval shall be for less than
one month and further provided that no billing interval shall be
increased in frequency unless determined to be appropriate by
the Director of Finance.
16-7-4 : PAYMENT, DELINQUENCY AND PENALTIES
(a) Payment of the high strength wastewater surcharge shall
be due and payable to the City of Pueblo Department of Finance
within thirty (30) days after the billing date.
(b) High strength wastewater surcharge billings which have
not been paid within sixty days of the billing date shall be
delinquent and shall be assessed a penalty of one and one-half
percent (1. 5%) per month upon the total outstanding balance due.
(c) Failure to make payment within sixty days of the billing
date shall constitute a violation of this Chapter.
16-7-5: APPEALS
Individual users may appeal to the Director of Public Works
for a reduction of any individual billing or a change in the Class
assigned to the user. Appeals must be submitted on a form specified
by the Director of Public Works prior to the date upon which the
bill becomes delinquent. Appeals may be requested for any of the
following reasons:
(a) An individual user performs pretreatment of
wastewater or utilizes procedures which lower the quantities
of biochemical oxygen demand and suspended solids to such
a level to merit being assigned to another class. In the
event that an appeal requested under this subsection is
approved and the user is placed in a lower Class , no cost of
testing shall be charged to the affected user. If testing
results in no change in class, the user shall be assessed
the full cost of testing including laboratory charges plus
a fee of twenty dollars ($20. 00) .
-6-
(b) Refunds and corrections made pursuant to Section
16-6-5 of this Title, if such a refund or correction related
to the gallonage of wastewater discharged. In the event a
refund or correction is requested to the user charge gallonage,
such a correction shall also be made in the high strength
surcharge.
(c) Error in calculation of the high strength wastewater
surcharge.
(d) Error in the determination of the Class of an
individual user.
16-7-6: DECISION ON APPEAL
The Director of Public Works, with the approval of the City
Manager, may approve or reject individual appeals within 90 days
of receipt of the appeal. During the time an appeal is pending,
the delinquency provisions of this Chapter shall not apply to the
billing or billings of the individual user who properly filed
such appeal. The decision of the Director of Public Works shall
be final and binding on the party filing the appeal and the City.
16-7-7 : SAMPLING
The manner in which samples are collected shall be designated
by the Director of Public Works . Various sampling procedures may
be utilized as the Director of Public Works deems appropriate.
If, in the judgment of the Director of Public Works, the
accuracy of the samples is questionable, written order shall be
issued to the owners or operators of the establishment discharging
into the system requiring that they construct a control manhole
on their premises for the purposes of monitoring and sampling the
effluent discharged into the public system. The location and
specifications of the control manhole shall be determined by the
Director of Public Works.
16-7-8 : LABORATORY TESTING
All laboratory tests to measure five-day biochemical oxygen
demand and suspended solids shall be in accordance with the methods
and procedures set forth in the latest edition of "Standard
Methods for the Examination of Water and Wastewater" , American
Public Health Association, New York, New York.
-7-
16-7-9: BIENNIAL REVIEW
The Director of Public Works shall review the wastewater
contribution of users and user classes, the total costs of operation
and maintenance of the treatment works and the user charge system
no less often than every two years. The first such biennial
review shall be completed on or before August 1, 1980. The charges
for users or user classes shall be revised by the City Council
based upon such biennial reviews to accomplish the following:
1. Generate sufficient revenue to pay the total
operation and maintenance costs necessary to properly
operate and maintain the treatment works .
2 . Maintain the proportionate distribution of
operation and maintenance costs among users and user
classes.
3. Apply any excess revenues collected from a class
of users to the costs of operation and maintenance attrib-
utable to that class for the next year and adjust the rate
accordingly.
16-7-10 : EFFLUENT METER
If, in the judgment of the Director of Public Works, the water
consumption of the discharging industry leads to a distorted
discharge, due to the industrial process or use of wellwater, an
effluent meter shall be required to be installed by the owner or
operator of the premises. Notification of this requirement shall
be made in writing and the type of metering device to be installed
shall receive prior approval of the Director of Public Works.
16-7-11: INSPECTION
The Director of Public Works shall have access to the premises
of any producer of sewage being discharged into the City' s sewer
system to take samples at a control manhole, to inspect the sewage
producing processes, and to inspect any on-site treatment measures
being utilized.
-8-
16-7-12 : ON-SITE TREATMENT
Nothing contained within this Chapter shall prohibit the
construction of on-site, private sewage treatment facilities to
avoid the imposition of the surcharge or to eliminate waste
materials prohibited by this Chapter, provided, that any such
treatment facilities constructed shall receive the prior approval
of the Director of Public Works and comply with the applicable
regulations of the City of Pueblo and the Colorado Health Depart-
ment.
16-7-13 : PROHIBITED WASTE
It shall be unlawful for any person, firm, partnership, or
corporation to discharge any of the following substances into the
City' s sewer system:
(a) Any explosive substance.
(b) Any flammable substance with a flash point lower
than 187°F.
(c) Any concentration of gases or vapors , free or
occluded, which are toxic to life.
(d) Acidity or alkalinity with a daily average pH
not less than 6. 4 nor more than 9. 0 and a maximum temporary
variation of pH of 5. 0 to 10. 0.
(e) Any grease or oily substance in excess of 100
milligrams per liter.
(f) Any antiseptic solution greater than 100 milligrams
per liter.
(g) Any substance with a temperature outside the range
of 32°F-150°F.
(h) Hydrogen Sulfide, Sulphur dioxide, Nitrous Oxide,
or any Halogens in concentrations greater than 10 milligrams
per liter.
(i) 24-hour concentrations of the following substances
in excess of the amounts shown.
-9-
Iron as Fe+2 15 mg/1
Chromium as CR+6 5 mg/1
Copper as Cu+2 3 mg/1
Zinc as Zn+2 2 mg/i
Nickel as Ni+2 5 mg/1
Substances with a
chlorine demand
greater than 20 mg/1
(j ) The substances described in (i) above in concentra-
tions 3 times the amount shown at any time.
(k) Any substance which will solidify or become viscous
at temperatures between 32°F and 150°F.
(1) Soluble substances in concentration which increase
the specific viscosity above 1. 1 .
(m) Soluble substances with a specific gravity greater
than 2. 65.
(n) Substances of a size or nature capable of obstructing
the flow of the sewer system or interfering with the treatment
plant operation.
(o) Phenols in excess of . 005 milligrams per liter.
16-7-14 : OTHER PROHIBITED DISCHARGES
It shall be unlawful for any person, firm, partnership, or
corporation to discharge any substance into the City' s sewer system
which causes :
(a) Chemical reaction, either directly or indirectly,
with the materials of construction to impair the strength
or durability of sewer structures.
(b) Mechanical action that will destroy or damage
any part of the sewage system.
(c) Restriction of the hydraulic capacity of any part
of the sewage system.
(d) Restriction of the normal inspection or maintenance
of the sewer structures.
(e) Unusual demands on the Wastewater Treatment Plant
equipment or process.
—10—
(f) Limitation of the effectiveness of the Wastewater
Treatment process.
(g) Wastes that contaminate the sewage sludge or
create any hazard or have an adverse effect on the water
receiving any discharge from the treatment works .
(h) Concentrations of substances in excess of
pretreatment limitations promulgated by the United States
Environmental Protection Agency.
Discharge of substances from all effluent sources into the
City' s sewer system shall conform to the provisions of 33 U.S.C. ,
Section 1317 and regulations promulgated thereunder. In any case
where the provisions set forth in said 33 U.S .C. , Section 1317
or regulations promulgated thereunder are more stringent than the
provision of this Chapter, the more stringent provisions shall
control the discharge of substances into the City' s sewer system.
16-7-15 : CLEAR WATER
(a) It shall be unlawful for any person, firm, partnership,
or corporation to discharge stormwater, surface water, ground
water, roof runoff , subsurface drainage, cooling water, or other
such clear water into the City' s sanitary sewer system, unless
such discharge is approved by the Director of Public Works for
purposes of disposal of polluted waters. Such clear water shall
be discharged into such sewers that are specifically designated
as storm sewers or to a natural outlet approved by the Director
of Public Works.
(b) It shall be unlawful to make new connections of roof
downspouts, foundation drains, or other sources of surface runoff
or ground water to a building sewer or building drain which in
turn is connected directly or indirectly to a public sanitary
sewer.
16-7-16 : GREASE INTERCEPTORS
Grease, oil or sand interceptors shall be provided when they
are necessary in the opinion of the Director of Public Works or
are required by adopted Codes of the City for the proper handling
-11-
of liquid wastes containing grease in excessive amounts, or any
flammable wastes, sand and other harmful ingredients except that
such interceptors shall not be required for private living quarters
or dwelling units. All interceptors shall be of a type and capacity
approved by the Director of Public Works or as required by the
Codes adopted by the City. Grease and oil interceptors shall be
constructed of impervious materials capable of withstanding abrupt
and extreme changes in temperature. They shall be of substantial
construction, watertight and equipped with easily removable covers
which when bolted in place shall be gastight and watertight.
Where installed, all grease, oil or sand interceptors shall
be maintained by the owner, at his expense, and maintained in
continuously efficient operation at all times and shall be located
so as to be readily and easily accessible for cleaning and in-
specting.
16-7-17 : PRETREATMENT
All of the standards, regulations, and requirements of this
Chapter shall apply at the point where industrial , commercial or
other wastes are discharged into the City' s sewer system and all
corrective pretreatment must be accomplished to practical completion
before such point of discharge.
16-7-18 : BUILDING PERMITS
Prior to issuance of a building permit for the construction
of any industry or establishment which utilizes a wastewater
producing industrial process, the Director of Public Works shall
inspect the proposed processes and ascertain that no wastewater
prohibited under this Chapter shall be discharged into the public
sanitary sewer.
16-7-19 : VIOLATION NOTICES AND PENALTY
Any person, firm, partnership, or corporation found to be
violating any provision of this Chapter shall be served with written
notice stating the nature of the violation and providing a reasonable
-12-
time limit, not to exceed ninety (90) days , for the satisfactory
correction thereof. The offender shall, within the period of time
stated in such notice , permanently cease all violations and shall
certify in writing to the Director of Public Works that the cor-
rections have been made.
Notwithstanding the foregoing or any other provision hereof ,
the Director of Public Works, upon receipt of evidence that any
person, firm, partnership, or corporation is violating any pro-
vision of this Chapter, may and he is authorized and empowered
to, in the name of and on behalf of the City file an action in
the District Court, Pueblo County, Colorado to enjoin and restrain
any person, firm, partnership or corporation causing or contributing
to the prohibited act or violation to immediately cease and stop
such prohibited act or violation or to take such other action as
may be necessary to become and remain in compliance with the pro-
visions hereof. Any person, firm, partnership, or corporation
found to be in violation of any provision hereof and so enjoined
and restrained shall forfeit and pay to the City of Pueblo the sum
of $300. 00 per day for each day such violation has occurred together
with all costs of such action including a reasonable attorney
fee.
16-7-20: DAMAGES
Any person, firm, partnership, or corporation violating any
of the provisions of this Chapter shall become liable to the City
of Pueblo for any expense, loss or damage occasioned by the
City by reason of such violation.
16-7-21: ENFORCEMENT
It shall be unlawful for any person, firm, partnership or
corporation to violate, disobey, omit, neglect, refuse, or fail
to comply with or resist the enforcement of any provision of this
Chapter and upon conviction therefore shall be punished as
provided in Section 1-2-1 of the 1971 Code of Ordinances. Each
day such violation shall continue shall be deemed a separate offense.
-13-
16-7-22 : DIRECTOR
Whenever the words "Director of Public Works" are used herein,
they shall include the Director of Public Works of the City and
his authorized representative or agent.
16-7-23 : USE OF PUBLIC SEWERS REQUIRED
(a) It shall be unlawful for any person to place, deposit,
or permit to be deposited in any unsanitary manner on public or
private property within the City of Pueblo or in any area under
the jurisdiction of said City, any human or animal excrement,
garbage, or other objectionable waste.
(b) It shall be unlawful to discharge to any natural outlet
within the City of Pueblo, or in any area under the jurisdiction
of said City, any sewage or other polluted waters, except where
suitable treatment has been provided in accordance with sub-
sequent provisions of this Chapter.
(c) Except as hereinafter provided, it shall be unlawful to
construct or maintain any privy, privy vault, septic tank, cess-
pool, or other facility intended or used for the disposal of
wastewater.
(d) The owner of all houses , buildings, or properties used
for human occupancy, employment, recreation, or other purposes,
situated within the City and abutting on any street, alley,
or right-of-way in which there is now located or may in the future
be located a public sanitary or combined sewer of the City, is
hereby required at the owner' s expense to install suitable toilet
facilities therein, and to connect such facilities directly with
the proper public sewer in accordance with the provisions of this
Chapter, within 90 days after date of official notice to do so,
provided that said public sewer is within 300 feet of the property
line.
16-7-24 : NOTIFICATION
In conjunction with a regular billing, each user shall be
notified at least annually of the rate and that portion of user
charges and high strength wastewater surcharges which are attributable
to wastewater treatment services.
-14-
16-7-25 : SEVERABILITY
If any section, subsection, sentence, clause, phrase or portion
of this Chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion held to be
invalid shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions hereof. "
SECTION 2 .
Ordinances number 3635 and 4031 relating to surcharge for
discharge of waste into the public sanitary sewage system and all
other ordinances of the City inconsistent with the provisions of
this Ordinance are hereby repealed.
SECTION 3.
This Ordinance shall become effective June 1, 1979 .
INTRODUCED April 23 , 1979
By MIKE SALARDINO
Councilman
APPROVED:
.j.:.--- --4-1( .7-7;4-1/-
President of the Council -j_,
ATTEST:
C ', y 9rk
v
-15-