2015-593 ORDINANCE NO. 2015 - 593
An ordinance amending chapters 13.04, 13.16, and 13.18 relating to water & sewers, with
penalties for violations as set forth in JGO 13.04.200, newly created 13.16.350, and 13.18.130.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION I. Section 13.04.010 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
13.04.010 Waterworks management. The board of water commissioners, as
provided in Chapter 66 of the Wisconsin Statutes, has been abolished, The entire charge and
management of the waterworks utility owned by the city, and all property used in connection
therewith, shall be vested in the City Manager, subject, however, to the general control and
supervision of the council. - - ... .. - • , . .. • - : - .. - .. -
the City Manager, ubject to the control of the common council.
SECTION II. Section 13.04.020 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
13.04.020 Definitions. See Section 13.16.030-060 for additional definitions.
A. "Director ". The City Manager, the Director of Public Works or Services, the
Utility Director and/or other duly authorized deputy, agent or representative as designated by the
City Manager.
B . "PSC ". Public Service Commission of Wisconsin.
C. "Water main" and "Public water main ". The principal pipes in a system of
pipes for conveying potable water. Public water mains are provided by or subject to the
jurisdiction of the City. It also includes water mains within or outside the City boundaries that
serve one or more persons, even though those mains may not have been constructed with City
funds. All individual water services must be connected to a public water main. Private water
mains cannot be constructed or connected to the water distribution system.
D. "Water service ". The pipe running between the public water main and the
water meter. The portion between the main and the curb stop is owned by the Water Utility and
is the Utility's responsibility to maintain. The portion between the curb stop and the meter is the
customer's property and the customer's maintenance responsibility.
SECTION III. Section 13.04.060(D) of the Code of General Ordinances of the City of
Janesville is hereby amended to read as follows:
D. All water service pipe laid underground between stop box and the meter of 2" in
diameter or less shall be of the materials listed in Table 84.30 -7 and Comm. 84.30 (4)(d) of the
Wisconsin Administrative Code. All pipe laid underground between main and stop box shall be
Type K soft copper. All pipe larger than 2" shall be cast pvc or ductile iron pipe meeting the
standards of the American Water Works Association (AWWA) for water service. Exception:
SECTION IV. Section 13.04.060(G) of the Code of General Ordinances of the City of
Janesville is hereby amended to read as follows:
G. Prior to razing any building, or portion thereof, the person to whom a razing permit
has been issued shall cause all water laterals to be disconnected and capped at the curb stop if the
service is to be reused, and is of copper, lead, cast pvc or ductile iron, if however, the service is not
scheduled for reuse, or is of wrought iron, lead or cast iron it shall be disconnected at the main by the
removal of the corporation stop unless otherwise approved by the Director, the service lateral shall
be abandoned. The utility will remove the existing corporation and plug the main, but the owner is
responsible for the excavation of the water main at the existing corporation and the street repair. In
addition, the existing curb box (stop box) must be removed by the owner.
SECTION V. Section 13.04.070(B) of the Code of General Ordinances of the City of Janesville
is hereby amended to read as follows:
B. In addition to the PSC Water Utility Operating Rules, all metered customers of
the Janesville Water Utility shall allow the installation of a remote radio reading device. The
remote radio reading device will allow the utility to obtain water meter reading on a regular basis
without entering the customer's property.
SECTION VI. Section 13.04.070(E) of the Code of General Ordinances of the City of
Janesville is hereby amended to read as follows:
E. A copper meter horn : •• • .. •• - - • _ : - shall be provided to receive
the meter on all services up to and including one (1) inch services. Meters of 11/2 -inch and
larger shall be provided with a by -pass of equal size to the meter. No connection or fitting other
than those necessary for the connection of the meter and a by -pass, when required, shall be
inserted between the curb valve and the meter valve.
SECTION VII. Section 13.04.070(I) of the Code of General Ordinances of the City of
Janesville is hereby amended to read as follows:
I. Water meter service to multi- residential building units shall be readily accessible
to city personnel during normal working hours. All meters shall be installed in the common
portion of the basement or common utility rooms not located in the individual living units.
Where individual meters are desired per living units, the meters shall be clustered or banked
together in a common accessible location as noted above. - . . - . - .. : -,
dedicated conduit(s) shall be provided sufficient in size to carry remote
outside receptacle(s).
SECTION VII. Section 13.04.080(C) of the Code of General Ordinances of the City of
Janesville is hereby amended to read as follows:
C. The fire line and/or automatic sprinkler line may be used for domestic service
providing the connection is made to the fire line outside the building. A shut off valve shall be
provided on the domestic service outside the building in the public right of way
ten (10) feet from the exterior wall. The shut off valve shall be of the manufacture adopted by
the utility. No more than one domestic connection can be made, nor more than one building
served, from a single fire line connection to a public water main. In addition, a building cannot
be served with a domestic service from a fire line unless the fire line is connected to, and serves,
the same building.
SECTION VIII. Section 13.04.090 of the Code of General Ordinances of the City of Janesville
is hereby amended to read as follows:
13.04.090 Use of Hydrants.
A. In cases where no other supply is available, permission may be granted by the
Director manager to use a hydrant. No hydrant shall be used until it is equipped with a spfink4ing
valve backflow preventer and meter. A charge will be made for setting a valve meter, or for moving
it from one hydrant to another. In no case shall any valve meter be moved except by a member of
the water utility or authorized representative.
B. Before a valve meter is set, payment must be made for its setting and for the water to
be used at the scheduled rates. The applicant must make a deposit for the hydrant meter wheel-and
the reducer, if desired. When the contractor has finished using the hydrant, he must notify the water
utility to that effect.
C. In thc use of firc hydrant supply, thc hydrant valve will . - - . ... .. • : .
of the sprinkling valve. If thc water . .. • . .. .. - , . . - . •
SECTION IX. Section 13.04.170(E) of the Code of General Ordinances of the City of
Janesville is hereby amended to read as follows:
E. Upon presentation of credentials, the representative of the Janesville water utility
or contractor shall have the right of entry at all reasonable hours to examine for cross
connections any property served by a connection to the public water system of the city. Refusing
entry to such utility representative shall be sufficient cause for the utility to discontinue the
property's connection to the public water system under subsection E of this section. Upon the
city's request, the owner, the lessee and/or the occupant of any property so served shall furnish to
the utility any pertinent information regarding the piping system or systems on such property.
SECTION X. Chapter 13.16 of the Code of General Ordinances of the City of Janesville is
hereby repealed and recreated to read as follows:
Chapter 13.16
WASTEWATER FACILITIES AND SEWER USE ORDINANCE
Sections:
General Provisions
13.16.010 Purpose and Policy
13.16.020 Wastewater Utility Authority
13.16.030 Administration
13.16.040 Service Area
13.16.050 Abbreviations
13.16.060 Definitions
General Sewer Use Requirements
13.16.070 Prohibited Discharge Standards
13.16.080 National Categorical Pretreatment Standards
13.16.090 State Pretreatment Standards
13.16.100 Local Limits
13.16.110 Mercury Minimization Program
13.16.120 Conflict of Standards, Requirements and Limitations
13.16.130 Right of Revision
13.16.140 Dilution
Pretreatment of Wastewater
13.16.150 Pretreatment Facilities
13.16.160 Additional Pretreatment Measures
13.16.170 Accidental Discharge / Slug Discharge Control Plans
13.16.180 Pollution Minimization Assessment
13.16.190 Hauled Wastewater
Individual Wastewater Discharge Permits and General Permits
13.16.200 Wastewater Analysis for Permitting Purposes
13.16.210 Individual Wastewater Discharge Permit [and General Permit] Requirements
13.16.220 Individual Wastewater Discharge [and General] Permitting: Existing Connections
13.16.230 Individual Wastewater Discharge [and General] Permitting: New Connections
13.16.240 Individual Wastewater Discharge [and General] Permit Application Contents
13.16.250 Wastewater Discharge Permitting: General Permits
13.16.260 Permit Application Signatories and Certification Statement
13.16.270 Individual Wastewater Discharge [and General] Permit Decisions
Sections (continued):
Individual Wastewater Discharge [and General] Permit Issuance
13.16.280 Individual Wastewater Discharge [and General] Permit Duration
13.16.290 Individual Wastewater Discharge [and General] Permit Contents
13.16.300 Individual Wastewater Discharge [and General] Permit Modification
13.16.310 Individual Wastewater Discharge [and General] Permit Transfer
13.16.320 Individual Wastewater Discharge [and General] Permit Revocation
13.16.330 Individual Wastewater Discharge [and General] Permit Reissuance
Reporting Requirements
13.16.340 Baseline Monitoring Reports
13.16.350 Compliance Schedule Progress Reports
13.16.360 Reports on Compliance with Categorical Pretreatment Standards Deadline
13.16.370 Periodic Compliance Reports
13.16.380 Reports of Changed Conditions
13.16.390 Reports of Potential Problems
13.16.400 Reports from Unpermitted Users
13.16.410 Notice of Violation / Repeat Sampling and Reporting
13.16.420 Analytical Requirements
13.16.430 Sample Collection
13.16.440 Date of Report Receipt
13.16.450 Recordkeeping and Retention
13.16.460 Certification Statements
13.16.470 Electronic (Digital) Reporting Submission Requirements
Compliance Monitoring
13.16.480 Monitoring Facilities
13.16.490 Right of Entry: Inspection and Sampling
13.16.500 Search Warrants
13.16.510 Confidential Information / Trade Secrets
13.16.520 Publication of Users in Significant Noncompliance
Administrative Enforcement Remedies
13.16.530 Notification of Violation
13.16.540 Consent Orders
13.16.550 Show Cause Hearing
13.16.560 Compliance Orders
13.16.570 Cease and Desist Orders
13.16.580 Court Forfeitures and Penalties, Equitable Relief
13.16.590 Emergency Suspension
13.16.600 Termination of Discharge
Sections (continued):
Judicial Enforcement Remedies
13.16.610 Injunctive Relief
13.16.620 Civil Penalties
13.16.630 Remedies Nonexclusive
Supplemental Enforcement Action
13.16.640 Penalties for Late Reports
13.16.650 Performance Bonds
13.16.660 Liability Insurance
13.16.670 Payment of Outstanding Fees and Penalties
13.16.680 Water Supply Severance
Affirmative Defenses to Discharge Violations
13.16.690 Accidental Discharge Upset
13.16.700 Prohibited Discharge Standards
13.16.710 Bypassing
Wastewater Treatment Rates
13.16.720 Wastewater Treatment Rates
Miscellaneous Provisions
13.16.730 Severability
13.16.740 Effective Date
13.16.010 Purpose and Policy. This ordinance sets forth uniform requirements for Users of the
Publicly Owned Treatment Works for the City of Janesville and enables the [City] to comply
with all applicable State and Federal laws, including the Clean Water Act (33 United States Code
[U.S.C.] section 1251 et seq.) and the General Pretreatment Regulations (Title 40 of the Code of
Federal Regulations [CFR] Part 403). The objectives of this ordinance are:
A. To prevent the introduction of pollutants into the Publicly Owned Treatment Works
that will interfere with its operation or contaminate the municipal biosolids;
B. To prevent the introduction of pollutants into the Publicly Owned Treatment Works
that will pass through the Publicly Owned Treatment Works, inadequately treated, into
receiving waters, or otherwise be incompatible with the Publicly Owned Treatment
Works;
C. To protect both Publicly Owned Treatment Works personnel who may be affected by
wastewater, sludge and biosolids in the course of their employment and the general
public;
D. To promote reuse and recycling of industrial wastewater, sludge and biosolids from
the Publicly Owned Treatment Works;
E. To provide for recovery of all costs associated with the operation, maintenance, and
improvement of the Publicly Owned Treatment Works; and
F. To enable [the City] to comply with its National Pollutant Discharge Elimination
System permit conditions, biosolids use and disposal requirements, and any other Federal
or State laws to which the Publicly Owned Treatment Works is subject.
This ordinance shall apply to all users of the Publicly Owned Treatment Works. The ordinance
authorizes the issuance of individual wastewater discharge permit [or general permit]; provides
for 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.
13.16.020 Wastewater Utility Authority.
A. General Authority.
1. The [City], by action of its governing body, provides means of purchase,
construction, acquire or lease, extend, addition to, improve, conduct, control, operate and
manage the Publicly Owned Treatment Works; including any treatment plant and equipment
within or without its corporate limits for the collection, transportation, storage, treatment and
final disposal of sewage including the lateral main and intercepting sewers and all necessary
equipment.
2. The Publicly Owned Treatment Works for the City of Janesville shall constitute a
sewerage system as defined by Wisconsin Statues Chapter 66, as time to time amended and/or
renumbered.
B. Funding.
1. All costs of exercising the authority under sub. (A) shall be funded, to the extent
applicable, from the [City's] general fund, by taxation, special assessment or sewerage service
charges, by municipal obligations or revenue bonds or from any combination of these sources.
2. If funding under par. (1) in whole or in part by the issue and sale of revenue bonds,
the payments shall be made as provided in Wisconsin Statute 66.0621 to the extent not
inconsistent with this section.
a. "Public utility" as used in Wisconsin Statute 66.0621 includes the sewerage
system, accessories, equipment and other property including land.
b. The mortgage or revenue bonds or mortgage certificates do not constitute an
indebtedness of the [City] and may be secured only by the sewerage system and its revenue.
3. All net earnings or profits derived or to be derived from the sewerage system shall
be pledged, assigned or otherwise hypothecated into the water pollution control utility fund.
C. Sewer Service Charges.
1. The [City], by action of its governing body shall establish sewerage service charges
in an amount to meet all or part of the requirements for the construction, reconstruction,
improvement, extension, operation, maintenance, repair and depreciation of the sewerage system
and for payment of all or part of the principal and interest of any indebtedness incurred for those
purposes, including the replacement of funds advanced by or paid from the [City] general fund.
2. For the purpose of making equitable charges for all services rendered by the
sanitary sewerage system to the [City] or to citizens, corporations and other users, the property
benefited by the system may be classified, taking into consideration the volume of water,
including surface or drain waters, the character of the sewage or waste and the nature of the use
made of the sewerage system, including the publicly owned treatment works. The charges may
include standby charges to property not connected but for which sewerage system facilities have
been made available.
3. Sewerage service charges shall be collected and taxed and shall be a lien upon the
property served in the same manner as water rates are taxed and collected under Wisconsin
Statute 62.69(2)(f) and 66.0809 to the extent applicable.
13.16.030 Administration.
The City Manager shall administer, implement, and enforce the provisions of this ordinance,
except as otherwise provided herein. Any powers granted to or duties imposed upon the City
Manager may be delegated by the City Manager to a duly authorized [City] employee(s).
13.16.040 Service Area.
The sewerage system shall extend and provide service within the corporate limits of the [City].
Service to properties or areas outside the corporate limits shall not be provided unless the
property owner enters into an agreement with the [City] and a boundary agreement has been
adopted between the [City] and the political jurisdiction in which the property is located. This
agreement will require property annexation to the corporate limits of the [City] and allow the
[City] to recoup some or all of the costs incurred for the service extension.
13.16.050 Abbreviations.
The following abbreviations, when used in this ordinance, shall have the designated meanings:
BOD — Biochemical Oxygen Demand
BMP — Best Management Practice
BMR — Baseline Monitoring Report
CFR — Code of Federal Regulations
CIU — Categorical Industrial User
COD — Chemical Oxygen Demand
DNR — Wisconsin Department of Natural Resources
EPA — U.S. Environmental Protection Agency
FOG — Fats, oils & greases
gpd — gallons per day
IU — Industrial User
mg/1— milligrams per liter
µg /1— micrograms per liter
NPDES — National Pollutant Discharge Elimination System
NSCIU — Non - Significant Categorical Industrial User
POTW — Publicly Owned Treatment Works
RCRA — Resource Conservation and Recovery Act
SIU — Significant Industrial User
SNC — Significant Noncompliance
TSS — Total Suspended Solids
U.S.C. — United States Code
13.16.060 Definitions.
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this
ordinance, shall have the meanings hereinafter designated.
A. Act or "the Act." The Federal Water Pollution Control Act, also known as the Clean
Water Act, as amended, 33 U.S.C. section 1251 et seq.
B. Approval Authority. The State of Wisconsin Department of Natural Resources.
C. Authorized or Duly Authorized Representative of the User.
1. If the User is a corporation:
a. The president, secretary, treasurer, or a vice - president of the corporation in
charge of a principal business function, or any other person who performs similar policy or
decision making functions for the corporation; or
b. The manager of one or more manufacturing, production, or operating
facilities, provided the manager is authorized to make management decisions that govern the
operation of the regulated facility including having the explicit or implicit duty of making major
capital investment recommendations, and initiate and direct other comprehensive measures to
assure long -term environmental compliance with environmental laws and regulations; can ensure
that the necessary systems are established or actions taken to gather complete and accurate
information for an individual wastewater discharge permit [or general permit] requirements; and
where authority to sign documents has been assigned or delegated to the manager in accordance
with corporate procedures.
2. If the User is a partnership or sole proprietorship: a general partner or
proprietor, respectively.
3. 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 their designee.
4. The individuals described in paragraphs 1 through 3, above, may designate a
Duly Authorized Representative if the authorization is in writing, the authorization specifies the
individual or position responsible for the overall operation of the facility from which the
discharge originates or having overall responsibility for environmental matters for the company,
and the written authorization is submitted and on file with the control authority.
D. Biochemical Oxygen Demand or BOD. The quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at
20 degrees centigrade, usually expressed as a concentration (e.g., mg/1).
E. Best Management Practices or BMPs means schedules of activities, prohibitions of
practices, maintenance procedures, and other management practices to implement the
prohibitions listed in Section 2.1 A and B [40 CFR 403.5(a)(1) and (b)]. BMPs include treatment
requirements, operating procedures, and practices to control plant site runoff, spillage or leaks,
sludge or waste disposal, or drainage from raw materials storage areas.
F. Bulk Waste. Holding tank wastes, privy or vault toilet wastes, septage, or other
liquid wastes from agricultural, residential, commercial, or industrial sources.
G. Bypass. The intentional diversion of waste streams from any portion of the User's
facility.
H. Categorical Pretreatment Standard or Categorical Standard. Any regulation
containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b)
and (c) of the Act (33 U.S.C. section 1317) that apply to a specific category of Users and that
appear in 40 CFR Chapter I, Subchapter N, Parts 405 -471.
I. Categorical Industrial User. An industrial user subject to categorical pretreatment
standards or categorical requirements.
J. [City]. The City of Janesville.
K. Chemical Oxygen Demand or COD. A measure of the oxygen required to oxidize
all compounds, both organic and inorganic, in water.
L. Control Authority. The City of Janesville Wastewater Utility.
M. Daily Maximum. The arithmetic average of all effluent samples for a pollutant
collected during a calendar day.
N. Daily Maximum Limit. The maximum allowable discharge limit of a pollutant
during a calendar day. Where Daily Maximum Limits are expressed in units of mass, the daily
discharge is the total mass discharged over the course of the day. Where Daily Maximum Limits
are expressed in terms of a concentration, the daily discharge is the arithmetic average
measurement of the pollutant concentration derived from all measurements taken that day.
O. Environmental Protection Agency or EPA. The U.S. Environmental Protection
Agency or, where appropriate, the Regional Water Management Division Director, the Regional
Administrator, or other duly authorized official of said agency.
P. Existing Source. Any source of discharge that is not a "new source."
Q. Grab Sample. A sample that is taken from a waste stream without regard to the
flow in the wastestream and over a period of time not to exceed fifteen (15) minutes.
R. Holding Tank Waste. Scum, liquid, sludge or other waste from a tank designed to
provide temporary storage of wastewater and which is not connected to a soil absorption field or
other wastewater disposal system.
S. Indirect Discharge or Discharge. The introduction of pollutants into the POTW
from any point source other than residential or commercial sources that discharge only domestic
waste. Method of introduction includes, but not limited to, by pipe, truck or rail car.
T. Instantaneous Limit. The maximum concentration of a pollutant allowed to be
discharged at any time, determined from the analysis of any discrete or composited sample
collected, independent of the industrial flow rate and the duration of the sampling event.
U. 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] NPDES permit or of the prevention of sewage sludge use or disposal in compliance with
any of the following statutory /regulatory provisions or permits issued thereunder, or any more
stringent State or local regulations: section 405 of the Act; the Solid Waste Disposal Act,
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 Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances
Control Act; and the Marine Protection, Research, and Sanctuaries Act.
V. Local Limit. Specific discharge limits developed and enforced by [the City] upon
industrial or commercial facilities to implement the general and specific discharge prohibitions
listed in 40 CFR 403.5(a)(1) and (b).
W. Medical Waste. 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.
X. Monthly Average. The sum of all "daily discharges" measured during a calendar
month divided by the number of "daily discharges" measured during that month.
Y. Monthly Average Limit. The highest allowable average of "daily discharges" over
a calendar month, calculated as the sum of all "daily discharges" measured during a calendar
month divided by the number of "daily discharges" measured during that month.
Z. New Source. Any building, structure, facility or installation:
1. From which there is (or may be) a discharge of pollutants,
2. For which the commencement of construction occurred after the publication in
the federal register of proposed pretreatment standards that will be applicable if promulgated
according to section 307(c) of the Act, 33 USC 1251 et seq.: and
3. That is one of the following:
a. The building, structure, facility, or installation is constructed at a site at
which no other source is located; or
b. The building, structure, facility, or installation totally replaces the process
or production equipment that causes the discharge of pollutants at an existing source; or
c. 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.
4. 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 par. (3) (b) or (c) above but otherwise
alters, replaces, or adds to existing process or production equipment.
5. Construction of a new source as defined under this paragraph has commenced
if the owner or operator has:
a. Begun, or caused to begin, as part of a continuous onsite construction
program
i. any placement, assembly, or installation of facilities or equipment; or
ii. 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
b. 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 paragraph.
AA. Noncontact Cooling Water. Water used for cooling that does not come into direct
contact with any raw material, intermediate product, waste product, or finished product.
BB. Pass Through. A discharge which exits the POTW into Wisconsin waterways 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.
CC. Person. Any individual, partnership, co- partnership, firm, company, corporation,
association, joint stock company, trust, estate, governmental entity, or any other legal entity; or
their legal representatives, agents, or assigns. This definition includes all Federal, State, and
local governmental entities.
DD. pH. A measure of the acidity or alkalinity of a solution, expressed in standard
units.
EE. Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage,
garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal,
agricultural and industrial wastes, and certain characteristics of wastewater (including but not
limited to: pH, temperature, TSS, turbidity, color, BOD, COD, FOG, trace metals, toxicity, odor,
volatile or semi - volatile compounds).
FF. 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.
GG. Pretreatment Requirements. Any substantive or procedural requirement related
to pretreatment imposed on a user, other than a pretreatment standard.
HH. Pretreatment Standards or Standards. Any regulation which applies to Users
and which contains pollutant discharge limits promulgated by DNR in accordance with
Wisconsin Statute 283.21(2). This term includes prohibited discharge standards set forth in or
established under Wisconsin administrative code NR211.10; categorical pretreatment standards
set forth in Wisconsin administrative code NR211.11, NR221 through 297.
II. Prohibited Discharge Standards or Prohibited Discharges. Any standard
specifying quantities or concentrations of pollutants or pollutant properties which shall not be
discharged to a POTW by users regardless of industrial category.
JJ. Publicly Owned Treatment Works or POTW. A treatment works, as defined by
section 212 of the Act (33 U.S.C. section 1292), and any sewers that convey wastewater to such
a treatment works, which is owned by the [City]. This definition includes any devices or systems
used in the collection, storage, treatment, recycling, and reclamation of municipal sewage or
liquid industrial wastes, which convey wastewater to a treatment plant. The term also means the
municipality which has jurisdiction over the indirect discharges to and the discharges from, such
a treatment works.
KK. Regulated Stream. A process generating wastewater and or pollutants regulated
by a categorical pretreatment standard.
LL. Septage Tank Waste. The liquid, scum, sludge, or other sewage, in which settled
sludge is in immediate contact with the wastewater flowing through the vessel exhibiting
conditions for naturally forming bacteria to decompose the organic solids present. This term
does not include waste characterized, generated or associated with grease traps.
MM. Sewage. Human excrement and gray water (household showers, residential
dishwashing operations, residential laundry operations).
NN. Sewerage. Encompassing all constructions for collections, transportation,
pumping, treatment and final disposition of wastewater and sludge.
00. Significant Industrial User (SIU). Means:
1. An Industrial User subject to categorical pretreatment standards in Wisconsin
administrative code NR 221 to 297, except as provided in Wisconsin administrative code NR
211.15(4)(d); or
2. An industrial user that:
a. Discharges an average of twenty -five thousand (25,000) gpd or more of
process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown
wastewater);
b. Contributes a process waste stream which makes up five (5) percent or
more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
c. Is designated as such by the control authority on the basis that it has a
reasonable potential for adversely affecting the POTW's operation or for violating any
pretreatment standard or requirement.
3. The control authority may determine that an Industrial User subject to
categorical Pretreatment Standards is a Non - Significant Categorical Industrial User rather than a
Significant Industrial User on a finding that the Industrial User never discharges more than 100
gallons per day (gpd) of total categorical wastewater (excluding sanitary, non - contact cooling
and boiler blowdown wastewater, unless specifically included in the Pretreatment Standard) and
the following conditions are met:
a. The industrial user, prior to control authority's finding, has consistently
complied with all applicable categorical Pretreatment Standards and Requirements;
b. The industrial user annually submits the certification statement required in
[City] ordinance 13.16.460.B, together with any additional information necessary to support the
certification statement; and
c. The industrial user never discharges any untreated concentrated wastewater.
4. Upon a finding that a user meeting the criteria in Subsection (2) of this
definition has no reasonable potential for adversely affecting the POTW's operation or for
violating any pretreatment standard or requirement, the control authority may at any time, on its
own initiative or in response to a petition received from an industrial user, and in accordance
with procedures in 40 CFR 403.8(0(6), determine that such user should not be considered a
significant industrial user.
PP. Slug Load or Slug Discharge. Any discharge at a flow rate or concentration, which
could cause a violation of the prohibited discharge standards. Any discharge of a non - routine,
episodic nature, including but not limited to an accidental spill or a non - customary batch
discharge, which has a reasonable potential to cause interference or pass through, or in any other
way violate the POTW's regulations, local limits or permit conditions.
QQ. Storm Water. Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
RR. Total Suspended Solids or Suspended Solids. The total suspended matter that
floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is
removable by laboratory filtering.
SS. Toxic Pollutant. Any pollutant or combination of pollutants listed as toxic in
regulations promulgated by EPA under the provisions of the Act section 307(a); 40 CFR 401.15.
TT. Unregulated Stream. A process generating wastewater and or pollutants not
regulated by a categorical pretreatment standard.
UU. User or Industrial User. A source of indirect discharge.
W. 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.
WW. Wastewater Treatment Plant or Treatment Plant. That portion of the POTW
which is designed to provide treatment of municipal sewage and industrial waste.
XX. WPDES Permit. A NPDES control mechanism issued to a POTW by the approval
authority under Wisconsin Statute 283.31 for the purpose of controlling pollutant discharge.
13.16.070 Prohibited Discharge Standards.
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 flashpoint of less than 140 degrees F (60 degrees C)
using the test methods specified in 40 CFR 261.21;
2. Wastewater having a pH less than 5.0 s.u. or more than 10.0 s.u., 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 one half inch 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 greater than 149 degrees Fahrenheit, or 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
104 degrees Fahrenheit;
6. Polar FOG including but not limited to petroleum oil, non - biodegradable cutting
oil, or products of mineral oil origin, in concentrations greater than 100 mg/1 and in amounts that
will cause interference or pass through;
7. Nonpolar FOG including but not limited to fats, oils, or greases of animal or
vegetable origin in concentrations greater than 300 mg /1 and in amounts that will cause
interference or pass through;
8. 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;
9. Trucked or hauled pollutants, except at discharge points designated by the control
authority designee in accordance with [City] ordinance 13.16.190;
10. 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 to prevent entry into the sewers for maintenance or repair;
11. Wastewater which imparts color which cannot be removed by the treatment
process, such as, but not limited to, dye wastes and vegetable tanning solutions, which
consequently imparts color to the treatment plant's effluent, thereby violating the [City's]
NPDES permit;
12. Wastewater containing any radioactive wastes or isotopes except in compliance
with applicable State or Federal regulations;
13. Storm water, surface water, ground water, artesian well water, roof runoff,
subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling
water, and unpolluted wastewater, unless specifically authorized by the control authority
designee;
14. Sludges, screenings, or other residues from the pretreatment of industrial wastes;
15. Medical wastes, except as specifically authorized by the control authority
designee established in an individual wastewater discharge permit [or a general permit];
16. Hazardous waste as defined in 40 CFR Part 261 and Wisconsin Administrative
Code ch.NR 661;
17. Wastewater causing, alone or in conjunction with other sources, the treatment
plant's effluent to fail toxicity test;
18. Detergents, surface - active agents, or other substances which that might cause
excessive foaming in the POTW;
19. Wastewater causing two readings on an explosion hazard meter at the point of
discharge into the POTW, or at any point in the POTW, of more than five percent (5 %) or any
single reading over ten percent (10 %) of the Lower Explosive Limit of the meter.
13.16.080 National Categorical Pretreatment Standards.
A. Users must comply with the categorical Pretreatment Standards found at 40 CFR
Chapter I, Subchapter N, parts 405 to 471 and Wisconsin Administrative Code chapters. NR 221
to 297.
1. Limits in categorical pretreatment standards shall apply to the effluent from the
process regulated by the standard, unless otherwise specified in the standard.
2. Limits in categorical pretreatment standards shall apply to waste streams which are
transported off -site for disposal as well as those discharged on -site.
3. CIUs shall comply with applicable categorical pretreatment standards, in addition
to complying with the general prohibitions established in [City] ordinance 13.16.070, unless
specifically noted otherwise in the categorical pretreatment standard.
B. Compliance Dates.
1. All CIUs, except new sources, shall comply with the applicable categorical
pretreatment standards within 3 years from the effective date of the standard, or within a shorter
period of time if specified in the applicable standard.
2. A direct discharger which becomes a CIU after promulgation of an applicable
categorical pretreatment standard may not be considered a new source unless it meets the
definition of a new source established in [City] ordinance 13.16.060.Z.
3. New sources shall install, have in operating condition and start up all of the
pollution control equipment required to meet the applicable pretreatment standards before
beginning discharge. Within the shortest feasible time, not to exceed 90 days, new sources shall
meet all applicable pretreatment standards.
C. Conversion to Equivalent Mass or Concentration Standards.
1. Where a categorical pretreatment standard is expressed only in terms of pollutant
mass per production unit, the control authority may convert the pretreatment standard to
equivalent limitations expressed either as pollutant mass discharged per day or effluent
concentration. The determination to convert production based limits is at the discretion of the
control authority.
a. Equivalent mass per day limits shall be calculated by multiplying the categorical
pretreatment standard limit by the user's average rate of production.
i. This average rate of production shall be based upon a reasonable measure of the
user's actual long term daily production, such as average daily production during a representative
year.
ii. For new sources, actual production shall be estimated using projected
production.
b. Equivalent concentration limits shall be calculated by dividing the mass limits
derived according to subd. a., listed above, by the average daily flow rate of the user's process
wastewater. This average daily flow rate shall be based upon a reasonable measure of the user's
actual long term average flow rate, such as the average daily flow rate during the same
representative year used in subd. a., listed above.
c. When pretreatment standards specify both daily and long term limits, the same
production or flow figures shall be used in calculating daily and long term equivalent limits.
d. Any user operating under an individual wastewater discharge permit
incorporating equivalent mass or concentration limits calculated from a production based
categorical pretreatment standard shall notify the control authority within 2 business days after
the user has reason to know that the production level will significantly change within the next
calendar month. Any user which does not notify the control authority of such anticipated change
shall meet the mass or concentration limits in their permit that were based on the original
estimate of the long term average production rate.
2. Where a categorical pretreatment standard is expressed only in terms of pollutant
concentrations, a user may request that the control authority convert the pretreatment standard to
equivalent mass limits. The determination to convert concentration limits to mass limits is at the
discretion of the control authority.
a. The control authority may establish equivalent mass limits only if the user meets
all the conditions set forth below:
i. Employ, or demonstrate that it will employ, water conservation methods and
technologies that substantially reduce water use during the term of its individual wastewater
discharge permit;
ii. Uses control and treatment technologies adequate to achieve compliance with
the applicable categorical pretreatment standard, and has not used dilution as a substitute for
treatment;
iii. Provides sufficient information to establish the facility's actual average daily
flow rate for all waste streams, based on data from a continuous effluent flow monitoring device,
as well as the facility's long -term average production rate. Both the actual average daily flow
rate and the long -term average production rate must be representative of current operating
conditions;
iv. Does not have daily flow rates, production levels, or pollutant levels that vary
so significantly that equivalent mass limits are not appropriate to control the discharge; and
v. Has consistently complied with all applicable categorical pretreatment
standards during the period prior to the user's request for equivalent mass limits.
b. Upon approval by the control authority a user subject to equivalent mass limits
shall:
i. Maintain and effectively operate control and treatment technologies adequate to
achieve compliance with the equivalent mass limits;
ii. Continue to record the facility's flow rates through the use of a continuous
effluent flow monitoring device;
iii. Continue to record the facility's production rates and notify the control
authority whenever production rates are expected to vary by more than 20 percent from its
baseline production rates determined in subd. a.iii. of this section. Upon notification of a revised
production rate, the control authority shall reassess the equivalent mass limit and revise the limit
as necessary to reflect changed conditions at the facility; and
iv. Continue to employ the same or comparable water conservation methods and
technologies as those implemented pursuant to subd. a.i. of this section so long as it discharges
under an equivalent mass limit.
c. A control authority which chooses to establish equivalent mass limits:
i. Shall calculate the equivalent mass limit by multiplying the actual average daily
flow rate of the regulated processes by the concentration -based daily maximum and monthly
average standard for the applicable categorical pretreatment standard and the appropriate unit
conversion factor;
ii. Upon notification of a revised production rate, shall reassess the equivalent
mass limit and recalculate the limit as necessary to reflect changed conditions at the facility; and
iii. May retain the same equivalent mass limit in subsequent individual wastewater
discharge permit terms if the user's actual average daily flow rate was reduced solely as a result
of the implementation of water conservation methods and technologies, and the actual average
daily flow rates used in the original calculation of the equivalent mass limit were not based on
the use of dilution as a substitute for treatment pursuant to [City] ordinance 13.16.140.. The user
must also be in compliance with [City] ordinance 13.16.730 regarding the prohibition of bypass.
d. A control authority may not express limits in terms of mass for pollutants such as
pH, temperature, radiation or other pollutants which cannot appropriately be expressed as mass.
3. The control authority may convert the mass limits of the categorical pretreatment
standards of 40 CFR Parts 414, 419, and 455, and Wisconsin Administrative Code chapters. NR
233, 235, 279 to equivalent concentration limits. The determination to convert mass limits to
equivalent concentration limits is at the discretion of the control authority.
a. The control authority shall use the concentrations listed in the applicable subparts
of 40 CFR Parts 414, 419, and 455, and Wisconsin Administrative Code chapters. NR 233, 235,
279 when converting such limits to concentration limits and;
b. Document that dilution is not being substituted for treatment pursuant to [City]
ordinance 13.16.140.
4. The user must comply with the equivalent limitations developed in section
13.16.080.0 in lieu of the promulgated categorical pretreatment standards from which the
equivalent limitations were derived once incorporated into its individual wastewater discharge
permit.
D. Compensation for pollutants in intake water.
1. Categorical pretreatment standards may be adjusted to reflect the presence of
pollutants in the CIU's intake water if the applicable categorical pretreatment standards
specifically provide that they may be applied on a net basis or if the CIU demonstrates to the
control authority that:
a. The CIU demonstrates that the control system it proposes or uses to meet
applicable categorical pretreatment standards would, if properly installed and operated, meet the
standards in the absence of pollutants in the intake waters;
b. The constituents of non - conventional pollutants, such as BOD, TSS, and FOG in
a CIU's effluent are substantially similar to the constituents of a non - conventional pollutants in
the intake water;
c. The intake water is drawn from the same water body as the water body to which
the POTW discharges.
2. The control authority shall grant credits only to the extent necessary to meet the
applicable categorical pretreatment standards, up to a maximum value equal to the influent value.
The control authority may require additional monitoring to determine eligibility for credits and
compliance with the adjusted standards.
E. Combined waste stream formula.
1. Where effluent from a process regulated by a categorical pretreatment standard is
mixed prior to treatment with wastewaters other than those generated by the regulated process,
fixed alternative discharge limits may be established by the control authority. These alternative
limits shall apply to the mixed effluent.
a. The control authority shall calculate both an alternative daily maximum and
alternative monthly average values using the respective daily maximum or monthly average
values specified in the appropriate categorical pretreatment standards.
b. The CIU shall comply with the alternative daily maximum and alternative
monthly average limits approved by the control authority until the control authority modifies the
limits or approves a CIU modification request.
i. Modification is authorized whenever there is a material or significant change in
the values used in the calculation to fix alternative limits for the regulated pollutant.
ii. The CIU shall immediately report any such material or significant change to the
control authority.
iii. Where appropriate, new alternative categorical limits shall be calculated within
30 days.
2. The alternative limit for a specified pollutant will be derived by use of formulas in
accordance with 40 CFR 403.6(e).
F. Many categorical pretreatment standards specify one limit for calculating maximum
daily discharge limitations and a second limit for calculating maximum monthly average, or 4-
day average, limitations. Where such standards are being applied, the same production or flow
figure shall be used in calculating both the average and the maximum equivalent limitation.
G. Fundamentally different factors variances.
1. Any interested person believing that factors relating to an industrial user are
fundamentally different from the factors considered during development of a categorical
pretreatment standard applicable to that industrial user, and that the existence of those factors
justifies a different discharge limit from that specified in the applicable categorical pretreatment
standard may request a fundamentally different factors variance under this section. Such a
variance request may be initiated by EPA.
2. A request for a fundamentally different factors variance may be approved only if:
a. Factors relating to the industrial user which would be affected by the variance are
fundamentally different from the factors considered in establishing the applicable categorical
pretreatment standard;
b. There is an applicable categorical pretreatment standard which specifically
controls the pollutant for which alternative limits have been proposed; and
c. The procedural requirements of this section have been met.
3. A request for a fundamentally different factors variance to establish limits less
stringent than required by the categorical pretreatment standard may be approved only if:
a. The alternative limit requested is no less stringent than justified by the
fundamental difference; and
b. The alternative limit will not result in a violation of any prohibited discharge
standard set forth in or established under section 13.16.070;
c. The alternative limit will not result in an environmental impact not related to
water quality which would be fundamentally more adverse than the impact considered during
development of the categorical pretreatment standard; and
d. Compliance with the applicable categorical pretreatment standard would result in
either a removal cost wholly out of proportion to the removal cost considered during
development of the standard or an environmental impact not related to water quality which
would be fundamentally more adverse than the impact considered during development of the
standard.
4. A request for a fundamentally different factors variance to establish limits more
stringent than required by the categorical pretreatment standard may be approved only if:
a. The alternative limit requested is no more stringent than justified by the
fundamental difference; and
b. Compliance with the alternative limit would not result in either a removal cost
wholly out of proportion to the removal cost considered during development of the standard or
an environmental impact not related to water quality which would be fundamentally more
adverse than the impact considered during the development of the standard.
5. Factors considered fundamentally different are:
a. The nature or quality of pollutants contained in the industrial user's raw process
wastewater;
b. The volume of the industrial user's process wastewater and the volume of effluent
discharged;
c. The environmental impact, other than that related to water quality, of control and
treatment of the industrial user's raw process wastewater;
d. The energy requirements of the application of control and treatment technology;
e. Age, size, and configuration of the industrial user's equipment, facilities,
production processes and process changes, availability of land, and engineering aspects of the
application of control technology; and
f. The cost of compliance with required control technology.
6. Factors which may not be considered fundamentally different are:
a. The feasibility of installing the required pretreatment equipment within the time
allowed by the categorical pretreatment standard;
b. The assertion that the standard cannot be achieved with the appropriate
pretreatment equipment installed, if such assertion is not based on factors listed in subd. 5;
c. The industrial user's ability to pay for the required pretreatment equipment; or
d. The impact of a discharge on the quality of the POTW's receiving water.
7. Requests for a variance shall be submitted in writing to the DNR within 180 days
after the effective date of the federal categorical pretreatment standard. If the industrial user has
requested a categorical determination under Wisconsin Administrative Code NR 211.33 the
request for fundamentally different factors variance may be delayed to within 30 days after the
final decision on the category determination has been made. Variance requests shall include the
following:
a. The name and address of the person making the request;
b. Identification of the interest of the person making the request;
c. Identification of the POTW receiving the indirect discharge from the industrial
user for which the variance is requested;
d. Identification of the categorical pretreatment standards applicable to the industrial
user;
e. A list of each pollutant for which an alternative discharge limit is sought;
f. The alternative discharge limits being proposed for each pollutant identified in
par. E, listed above;
g. A description of the industrial user's existing pretreatment equipment;
h. A schematic flow chart of the industrial user's water system including water
supply, process wastewater systems, and points of discharge; and
i. A statement of facts clearly establishing why the variance request should be
approved, including detailed supporting data, documentation and evidence necessary to fully
evaluate the merits of the request.
8. The DNR will act only on written requests for variances which contain all of the
information required in subd.7 listed above. Persons who submit incomplete requests will be
notified that the requests are deficient and will be given 30 days to correct the deficiency. If the
deficiency is not corrected within 30 days, or within an extended period if allowed by the
department, the request for the variance shall be denied.
9. The DNR shall publish a notice of its receipt of a request for a fundamentally
different factors variance and shall mail copies of the notice to the affected industrial user and
any other interested party. The public notice shall be published as a Class I notice under
Wisconsin statue chapter 985, in a newspaper of general circulation in the area in which the
industrial user is located. The department shall allow a 30 -day period for public review and
comment.
10. If the DNR finds that fundamentally different factors do not exist, the DNR shall
deny the request. If the DNR finds that fundamentally different factors do exist, the request and
findings shall be forwarded to EPA for EPA's approval, disapproval, or revision and approval of
the variance. A copy of the final determination shall be sent to the person requesting the
variance, and to the affected industrial user and POTW.
13.16.090 State Pretreatment Standards. Users must comply with the Wisconsin general
pretreatment requirements codified at Wisconsin Administrative Code Chapter NR 211 and any
applicable categorical effluent limitations codified at Wisconsin Administrative Code Chapters
NR 220 through 299.
13.16.100 Janesville Local Limits.
A. The control authority is authorized to establish Local Limits pursuant to 40 CFR
403.5(c) and Wisconsin Administrative Code NR 211.10(3).
B. A local limit evaluation is an extensive study conducted to evaluate the impact of
non - residential dischargers in relationship to Janesville POTW plant NPDES requirements.
Various potentially limiting environmental criteria were considered relative to the local limits
evaluation. These criteria encompassed the NPDES standards, water quality standards, discharge
levels causing inhibition, upset, pass through, and sludge disposal standards. Additional criteria
considered are worker health and safety issues, air emissions, domestic background levels,
operational removal efficiencies, comparison to categorical standards as well as other POTW
limits.
C. Local limits are legally enforceable values that when exceeded by a user will result in
an administrative enforcement action.
D. The following pollutant guidelines are established generally for the non -toxic or more
conventional pollutants. These guidelines are used as benchmarks for non - residential users
because the treatment is more of a loading issue than a toxicity issue.
1. Guideline concentrations may incur or be assessed a surcharge; defined as
additional charges to recover the cost associated to treat wastewater concentrations above a
defined value, as promulgated in [City] Ordinance Chapter 13.18 Sewer Service Charges.
2. Should a user continually exceed guideline values and require classification as a
SIU; guideline concentrations or alternatives may be incorporated into an individual wastewater
discharge permit or [general permit] and shall be enforceable as local limits.
3. Janesville Local Guidelines
Pollutant Guideline (mg/1)
Ammonia Nitrogen Reserved
BOD5 250
FOG nonpolar 300
FOG polar 100
Total Selenium 7.8
Total Suspended Solids 300
E. The following pollutant limits are established to protect against pass through and
interference. No person shall discharge wastewater containing in excess of the following the
duration: daily maximum limit.
1. Janesville Local Limits
Pollutant Local Limit (mg/1)
unless expressed otherwise
Arsenic 1.1
Cadmium 1.4
Chromium 9.5
Copper 2.4
Cyanide 4.8
Lead 7.8
Mercury No detectable discharge allowed
Nickel 6.3
Phosphorus 18.0 or 20 lbs./day
Silver 5.4
Zinc 3.1
pH 5.0 —10.0 s.u.
2. The above limits apply at the point where the wastewater is discharged to the
POTW. All concentrations for metallic substances are for total metal unless indicated otherwise.
The control authority may impose mass limitations in addition to the concentration -based
limitations above.
3. Exclusive of the phosphorus daily maximum limit, any user discharging above the
normal phosphorus concentration of 8 mg /1 which causes or significantly contributes to a
NPDES permit violation will constitute a local limit violation. The control authority may levy
monetary penalties upon any user for additional cost incurred by the POTW to process, treat and
remove phosphorus above normal concentration.
4. Users may apply for the phosphorus mass based daily maximum limit in lieu of the
concentration based phosphorus daily maximum limit.
a. Applicants shall comply with all terms of the pollutant minimization assessment
described in [City] ordinance 13.16.180.
b Users which do not apply for the phosphorus mass based daily maximum limit
remain subject to the phosphorus concentration based daily maximum limit.
F. The control authority may develop best management practices (BMPs), by ordinance
or in individual wastewater discharge permits [or general permits], to implement local limits.
13.16.110 Mercury Minimization Program.
A. Dental offices. This section applies to any dental office that places or removes
amalgam. If the work performed at a dental office is orthodontics, periodontics, oral and
maxillofacial surgery, endodontics, prosthodontics or other than placing or removing amalgam;
then this section is not applicable.
1. All dental offices shall implement best management practices for amalgam as
established by the Wisconsin Dental Association.
2. All vacuum systems where amalgam is placed or removed shall include an
amalgam separator that meets the criteria of the International Standards Organization (ISO
11143).
a. Dental offices shall install, operate, and maintain the amalgam separator
according to the instructions provided by the manufacturer;
b. The amalgam separator shall have a design and capacity appropriate for the size
and type of vacuum system.
3. The only dental offices that will be exempt from installing an amalgam separator
shall be those that meet a de minimis requirement of placing or removing 6 amalgam fillings per
calendar year.
4. Dental offices shall obtain records from the contractor(s) used to remove amalgam
waste, for each shipment showing: the volume or mass of amalgam waste shipped; the name and
address of the destination; and the name and address of the contractor.
a. Dental offices shall maintain these records for a minimum of seven years;
b. Dental offices shall make these records available to the control authority for
inspection and copying upon request.
5. Annually on or before June 30th of each year, each dental office shall submit a
report to the control authority that;
a. Identifies the volume or mass of amalgam waste shipped;
b. The name and address of the final destination and;
c. The name and address of the contractor(s) used to remove and transport amalgam
waste within the previous calendar year;
d. Indicate all maintenance performed on the amalgam separator within the previous
calendar year, including inspections, cleaning, repairs and other maintenance. All maintenance
and repair activities with the exception of routine activities authorized by the manufacturer shall
be performed by a technician trained and authorized by the manufacturer to perform those
activities; and
e. The report shall certify that:
i. During the past year, all regularly scheduled maintenance and other repairs
required or recommended by the manufacturer and the manufacturer's representative have been
completed;
ii. The amalgam separator, as of the date of the report, is in good overall
operating condition.
6. Dental offices shall permit the control authority to inspect the vacuum system,
amalgam separator, and amalgam waste storage areas.
7. Dental offices implementing the management practices, operating and maintaining
the amalgam separator as required by subd. 1 -6 above, then with regard to mercury shall not be
subject to the regulatory standards and requirements promulgated in [City] ordinance 13.16.100.
8. The control authority shall provide forms for reporting the information under the
Mercury Minimization Program.
B. Other facilities. This section applies to all other facilities having the potential to
discharge mercury or mercury- containing material into the POTW. The [City] strongly
advocates the proper handling and, if possible, recycling of all mercury containing products.
1. Facilities include:
a. Medical facilities, including all hospitals, clinics and veterinary facilities that
have laboratories.
b. School facilities, including all public and private schools with science
laboratories, including middle schools, high schools, technical schools, colleges and universities,
but not elementary schools.
c. Industrial facilities, including all industrial plants that historically or consistently
discharge mercury into the wastewater treatment plant and industrial plants with the potential for
mercury in their wastewater.
2. All facilities regulated under this subd. B shall implement best management
practices as established by the DNR Green Tier Charter and the [City].
a. Facilities regulated under this section shall submit a certification report to the
control authority that identifies:
i. The best management practices already implemented and;
ii. Lists the anticipated dates for implementing the remainder of best management
practices.
b. The control authority shall provide forms for reporting the information under the
Mercury Minimization Program.
3. Facilities implementing the required best management practices, then with regard
to mercury shall not be subject to the regulatory standards and requirements promulgated in
[City] ordinance 13.16.100.
13.16.120 Assessment of Standards, Requirements and Limitations. Whenever a conflict
exists between any of the standards, requirements or limitations established by Federal
regulation, Wisconsin statues and administrative code or the [City] ordinance; the most stringent
of those regulations and laws shall be met by all users.
13.16.130 Right of Revision. The [City] reserves the right to establish, by ordinance or in
individual wastewater discharge permits [or in general permits], more stringent standards or
requirements on discharges to the POTW consistent with the purpose of this ordinance.
13.16.140 Dilution. 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 a discharge limitation unless expressly authorized by an applicable pretreatment
standard or requirement. The control authority may impose mass limitations on users who are
using dilution to meet applicable pretreatment standards or requirements; or in other cases when
the imposition of mass limitations is appropriate.
13.16.150 Pretreatment Facilities.
A. Users shall provide wastewater treatment as necessary to comply with this ordinance
and shall achieve compliance with all categorical pretreatment standards, local limits, and the
prohibitions set forth in this ordinance within the time limitations specified by EPA, the State, or
the [City], whichever is more stringent. Any facilities necessary for compliance shall be
provided, operated, and maintained at the user's expense.
B. Detailed plans describing such facilities and operating procedures shall be submitted
to the control authority, [City] building inspector and WDNR for review, and shall be acceptable
to the three aforementioned entities before such facilities are constructed. The review of such
plans and operating procedures shall in no way relieve the user from the responsibility of
modifying such facilities as necessary to produce a discharge acceptable to the [City] under the
provisions of this ordinance.
C. Users shall provide a schedule of the activities required to provide such additional
wastewater treatment. The schedule shall contain milestone dates for the commencement and
completion of major events leading to the construction and operation of additional wastewater
treatment processes or equipment including but not limited to the following:
1. Hiring an engineer;
2. Completion of preliminary plans;
3. Completion of final plans;
4. Executing contracts for major components;
5. Construction commencement;
6. Equipment installation;
7. Construction completion;
8. Employee training regarding new processes or equipment operation and
maintenance;
9. All other acts necessary to achieve compliance with this ordinance.
13.16.160 Additional Pretreatment Measures.
A. Whenever deemed necessary, the control authority may require users to restrict their
discharge during peak flow periods, designate that certain wastewater be discharged only into
specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams
from industrial waste streams, and such other conditions as may be necessary to protect the
POTW and determine the user's compliance with the requirements of this ordinance.
B. The control authority may require any user discharging into the POTW to install and
maintain, on their property and at their expense, a suitable storage and flow - control facility to
ensure equalization of flow. An individual wastewater discharge permit [or a general permit]
may be issued solely for flow equalization.
C. Grease, oil, and sand interceptors are necessary, unless exempt by the control
authority, 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 a type and capacity approved by the control authority and [City] plumbing
inspector, and shall be so located to be easily accessible for cleaning and inspection. Such
interceptors shall be inspected, cleaned, and repaired by the user at their expense.
1. All plumbing installations for occupancy, other than dwelling units, where grease, fats,
oils or similar waste products of cooking or food are introduced into the POTW shall be provided
with interceptors in accordance with this subsection. All drains and drain piping carrying oil, grease,
or fats shall be directed through one or more interceptors in accordance with State and [City]
plumbing code:
a. New plumbing systems. Notwithstanding the State and [City] plumbing codes, all
new plumbing systems which discharge to the POTW shall be provided with one or more exterior
grease interceptors.
b. Altered or remodeled plumbing systems. Notwithstanding the State and [City]
plumbing codes, all existing plumbing systems that discharge to the POTW which are altered or
remodeled as to that part of the plumbing system which discharges from kitchens or food processing
areas shall be provided with one or more exterior grease interceptors.
c. Existing installations. The control authority or [City] plumbing inspector may require
the installation of exterior or interior grease interceptors for existing plumbing installations where
the waterway of a drain system or sewer system is reduced or filled due to congealed grease, or
where congealed grease otherwise impairs the proper functioning of the sewer system.
d. Exterior grease interceptors shall receive the entire waste discharge from kitchens or
food processing areas. All exterior interceptors shall be designed, constructed, and installed in
accordance with the standards contained in the State and [City] plumbing codes.
2. Maintenance and records retention. The user shall maintain a written record of
inspection and maintenance for seven (7) years. All such records will be made available for on -site
inspection by the control authority during all operating hours.
D. Users with the potential to discharge flammable substances may be required to install and
maintain an approved combustible gas detection meter.
13.16.170 Accidental Discharge /Slug Discharge Control Plans. The control authority shall
evaluate whether each SIU needs an accidental discharge /slug discharge control plan or other
action to control slug discharges. The control authority may require any user to develop, submit
for approval, and implement such a plan or take such other action that may be necessary to
control slug discharges. An accidental discharge /slug discharge control plan shall address, at a
minimum, the following:
A. Description of discharge practices, including non - routine batch discharges;
B. Description of stored chemicals;
C. Procedures for immediately notifying the control authority of any accidental or slug
discharge, as required by [City] ordinance 13.16.390; 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
pollutants, including solvents, and/or measures and equipment for emergency response.
13.16.180 Pollutant Minimization Assessment.
A. General Assessment. All users applying for mass based limits shall comply with all
terms of this Chapter within ninety (90) days after the effective date of this Chapter.
B. Assessment Forms. Users shall complete and file with the control authority a pollutant
minimization assessment declaration in the form prescribed by the control authority. Existing
industrial users shall file assessment forms within ninety (90) days after the effective date of this
Chapter. At least ninety (90) days prior to commencement of discharge, new sources and users that
become significant industrial users shall submit pollutant minimization assessment declaration forms
to the control authority. The pollutant minimization assessment to be developed by the user shall
cover:
1. Site description:
a. Disclosure of name, address and location of the user, and the name of owners and
operator;
b. Disclosure of North American Industry Classification System (NAICS) number
according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
and
c. Description of products, facility operations and processes.
2. Process and facility data compilation:
a. Disclosure of identified materials contributing to pollutant generation;
b. Disclosure of source, type, quantity and concentration of identified waste streams
contributing to pollutant generation.
3. Description of pollutant minimization options for consideration:
a. Disclosure of source reduction options including but not limited to raw material
substitution, improved operating practices and process and equipment modifications and or changes;
b. Disclosure of recycling options including but not limited to material exchange or
reuse and raw material recovery;
c. Disclosure of waste treatment and alternative waste disposal options.
4. Disclosure of feasibility analysis for waste minimization options including technical
and economic evaluations of each pollution minimization option. Disclose final outcome of each
option and include recommendations for implementation of feasible options.
C. The control authority will evaluate the complete pollutant minimization assessment form
and data furnished by the user and may require additional information. Within thirty (30) days after
full evaluation and acceptance of the furnished assessment, the control authority shall notify the user
of whether mass based limits will be granted. Until the control authority provides such notification
of approval, the user shall not proceed in any manner.
13.16.190 Hauled Wastewater. Holding tank waste, septage tank waste and other bulk waste
may be introduced into the POTW upon determination by the control authority that excess
hydraulic and loading capacities exist and that characteristics of such waste will not cause
interference or pass through. Hauled wastewater shall be subjected to all other requirements of
this ordinance; and shall not violate [City] ordinance 13.16.070 - 13.16.140 or any other
requirements established by the control authority.
A. Hauled wastewater shall only be accepted if such wastes are delivered by an approved
licensed hauler to the [City] wastewater treatment plant and discharged at a location and at such
times or conditions established by the control authority. No load shall be discharged without
prior consent of the control authority.
B. The control authority requires all licensed haulers to obtain an annual individual
wastewater discharge permit or [general permit] prior to any hauled waste being discharged.
1. Licensed haulers shall have filed a completed application in writing, on a form
provided by the control authority.
2. Any applicable application fees established in [City] ordinance 13.18.050 shall
accompany the filed application.
3. The control authority will evaluate applications and shall approve or reject
applications within thirty (30) days upon receipt.
C. The control authority may restrict, suspend or prohibit the disposal of hauled
wastewater at its discretion but not limited to:
1. Wastewater treatment plant operational or maintenance problems; or
2. NPDES violation directly or indirectly related to the acceptance of hauled
wastewater.
D. The control authority may require the waste hauler to provide a waste analysis of any
load prior to discharge.
E. The control authority may collect samples of each hauled load to ensure compliance
with applicable standards and assess applicable surcharges.
F. Waste haulers must provide a waste - tracking form for every load. This form shall
include, at a minimum, the name and address of the industrial waste hauler, permit number, truck
identification, names and addresses of sources of waste, and volume and characteristics of waste.
The form shall identify the type of industry, known or suspected waste constituents, and whether
any wastes are RCRA hazardous wastes.
13.16.200 Wastewater Analysis for Permitting Purposes. When requested by the control
authority, a user must submit information on the nature and characteristics of its wastewater
within forty -five (45) days of the request. The control authority is authorized to prepare a form
for this purpose and may periodically require users to update this information.
13.16.210 Individual Wastewater Discharge Permit [and General Permit] Requirements.
A. No CIU or SIU shall discharge wastewater into the POTW without first obtaining an
individual wastewater discharge permit [or a general permit] from the control authority.
B. The control authority may require other users to obtain individual wastewater
discharge permits [or general permits] as necessary to carry out the purposes of this ordinance.
C. Any violation of the terms and conditions of an individual wastewater discharge
permit [or a general permit] shall be deemed a violation of this ordinance and subjects the
wastewater discharge permittee to the sanctions promulgated in [City] ordinance 13.16.530
through 13.16.680. Obtaining an individual wastewater discharge permit [or a general 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 [City] law.
D. Permittees may challenge or appeal any conditions imposed within an individual [or
general] wastewater discharge permit by filing a petition for modification in accordance with the
requirements of [City] ordinance 13.16.300 within thirty (30) days upon receipt of the permit.
Failure to petition for permit reconsideration within the thirty (30) day allotted time is deemed a
waiver by the permittee of its right to challenge the terms of this permit.
13.16.220 Individual Wastewater Discharge [and General] Permitting: Existing
Connections. Any user required to obtain an individual wastewater discharge permit [or a
general permit] who was discharging wastewater into the POTW prior to the effective date of
this ordinance and who wishes to continue such discharges in the future, shall, within 60 days
after said date, apply to the control authority for an individual wastewater discharge permit [or a
general permit] in accordance with [City] ordinance 13.16.240, and shall not cause or allow
discharges to the POTW to continue after 180 days of the effective date of this ordinance except
in accordance with an existing individual wastewater discharge permit [or a general permit]
issued and by the control authority.
13.16.230 Individual Wastewater Discharge [and General] Permitting: New Connections.
Any user required to obtain an individual wastewater discharge permit [or a general permit] who
proposes to begin or recommence discharging into the POTW must obtain such permit prior to
the beginning or recommencing of such discharge. An application for this individual wastewater
discharge permit [or general permit], in accordance with [City] ordinance 13.16.240, must be
filed at least ninety (90) days prior to the date upon which any discharge will begin or
recommence.
13.16.240 Individual Wastewater Discharge [and General] Permit Application Contents.
A. All users required to obtain an individual wastewater discharge permit [or a general
permit] must submit a permit application. Users that are eligible may request a general permit
under [City] ordinance 13.16.250. The control authority shall require users to submit all or some
of the following information as part of a permit application:
1. Identifying information including:
a. The name and address of the facility, including the name of the operator and
owner.
b. Contact information, description of activities, facilities, and plant production
processes on the premises;
2. Environmental Permits. A list of any environmental control permits held by or for
the facility.
3. Description of operations including:
a. A brief description of the nature, average rate of production (including each
product produced by type, amount, processes, and 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.
b. Types of wastes generated, and 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;
c. Number and type of employees, hours of operation, and proposed or actual hours
of operation;
d. Type and amount of raw materials processed (average and maximum per day);
e. Site plans, floor plans, mechanical and plumbing plans, and details to show all
sewers, floor drains, and appurtenances by size, location, and elevation, and all points of
discharge.
4. Time and duration of discharges.
5. The location for monitoring all wastes covered by the permit.
6. 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 [City]
ordinance 13.16.080.E.
7. Measurement of Pollutants.
a. The categorical pretreatment standards applicable to each regulated process and
any new categorically regulated processes for existing sources.
b. The results of sampling and analysis identifying the nature and concentration,
and/or mass, where required by the standard or by the control authority, of regulated pollutants in
the discharge from each regulated process.
c. Instantaneous, daily maximum, and long -term average concentrations, or mass,
where required, shall be reported.
d. The sample shall be representative of daily operations and shall be analyzed in
accordance with procedures set out in [City] ordinance 13.16.420. Where the standard requires
compliance with a BMP or pollution prevention alternative, the user shall submit documentation
as required by the control authority or the applicable standards to determine compliance with the
standard.
e. Sampling must be performed in accordance with procedures set out in [City]
ordinance 13.16.430.
8. Any requests for a monitoring waiver (or a renewal of an approved monitoring
waiver) for a pollutant neither present nor expected to be present in the discharge based on [City]
ordinance 13.16.370.B.
9. Any request to be covered by a general permit based on [City] ordinance 13.16.250.
10. Any other information as deemed reasonably necessary by the control authority to
evaluate the permit application.
B. Incomplete or inaccurate applications will not be processed and will be returned to the
user for revision.
13.16.250 Wastewater Discharge Permitting: General Permits.
A. The control authority, at their discretion, may use general permits to control SIU
discharges to the POTW if the following conditions are met. All facilities to be covered by a
general permit must:
1. Involve the same or substantially similar types of operations;
2. Discharge the same types of wastes;
3. Require the same effluent limitations;
4. Require the same or similar monitoring; and
5. In the opinion of the control authority, are more appropriately controlled under a
general permit than under individual wastewater discharge permits.
B. To be covered by the general permit, the SIU must file a written request for
coverage that identifies its contact information, production processes, the types of wastes
generated, the location for monitoring all wastes covered by the general permit, any requests in
accordance with [City] ordinance 13.16.370.B. for a monitoring waiver for a pollutant neither
present nor expected to be present in the discharge, and any other information the POTW deems
appropriate. A monitoring waiver for a pollutant neither present nor expected to be present in the
discharge is not effective in the general permit until after the control authority has provided
written notice to the SIU that such a waiver request has been granted in accordance with [City]
ordinance 13.16.370.B.
C. The control authority will retain a copy of the general permit, all documentation to
support the POTW's determination that a specific SIU meets the criteria in subd. A, listed above,
applicable state regulations, and a copy of the user's written request for coverage for three (3)
years after the expiration of the general permit.
D. The control authority may not control an SIU through a general permit where the
facility is subject to production -based categorical pretreatment standards or categorical
pretreatment standards expressed as mass of pollutant discharged per day or for users whose
limits are based on the combined waste stream formula [City] ordinance 13.16.080.E or
Net/Gross calculations [City] ordinance 13.16.080D.
13.16.260 Application Signatories and Certification Statements.
A. All wastewater discharge permit applications, user reports and certification statements
must be signed by an authorized representative of the user pursuant to [City] ordinance
13.16.060.0 and contains the certification statement pursuant to [city] ordinance 13.16.460.
B. If the designation of an authorized representative is no longer accurate because a
different individual or position has responsibility for the overall operation of the facility or
overall responsibility for environmental matters for the company, a new written authorization
satisfying the requirements of this section must be submitted to the control authority prior to or
together with any reports to be signed by an authorized representative.
C. A facility determined to be a non - significant categorical industrial user by the control
authority pursuant to [City] ordinance 13.16.060.00 must annually submit the signed
certification statement in [City] ordinance 13.16.460.B.
13.16.270 Individual Wastewater Discharge [and General] Permit Decisions. The control
authority will evaluate the data furnished by the user and may require additional information.
Within thirty (30) days of full evaluation and acceptance of the completed permit application; the
control authority will determine whether to issue an individual wastewater discharge permit [or a
general permit] or deny any application for an individual wastewater discharge permit [or a
general permit].
13.16.280 Individual Wastewater Discharge [and General] Permit Duration. An individual
wastewater discharge permit [or a general permit] shall be issued for a specified time period, not
to exceed five (5) years from the effective date of the permit. An individual wastewater
discharge permit [or a general permit] may be issued for a period less than five (5) years, at the
discretion of the control authority. Each individual wastewater discharge permit [or a general
permit] will indicate a specific date upon which it will expire.
13.16.290 Individual Wastewater Discharge Permit [and General Permit] Contents. An
individual wastewater discharge permit [or a general permit] shall include such conditions as are
deemed reasonably necessary by the control authority 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. Individual wastewater discharge permits [and general permits] must contain the
following:
1. A statement that indicates the wastewater discharge permit issuance date,
expiration date and effective date;
•
2. A statement that the wastewater discharge permit is nontransferable without prior
notification to the control authority in accordance with [City] ordinance 13.16.310, and
provisions for furnishing the new owner or operator with a copy of the existing wastewater
discharge permit;
3. Effluent limits, including best management practices, based on applicable
pretreatment standards;
4. Self- monitoring, sampling, reporting, notification, and record - keeping
requirements. These requirements shall include an identification of pollutants or best
management practices to be monitored, sampling location, sampling frequency, and sample type
based on Federal, State, and [City] law.
5. The process for seeking a waiver from monitoring for a pollutant neither present
nor expected to be present in the discharge in accordance with [City] ordinance 13.16.370.B.
6. A statement of applicable civil and criminal penalties for violation of pretreatment
standards and requirements; and any applicable compliance schedule. Such schedule may not
extend the time for compliance beyond that required by applicable Federal, State, or [City] law.
7. Requirements to control slug discharge, if determined by the control authority to be
necessary.
8. Any grant of the monitoring waiver by the control authority must be included as a
condition in the user's permit.
B. Individual wastewater discharge permits [or general 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 non - routine 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, surcharges 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 individual wastewater discharge permit [or
the general 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 individual wastewater discharge permit [or the general permit]; and
8. Other conditions as deemed appropriate by the control authority to ensure
compliance with this ordinance, and State and Federal laws, rules, and regulations.
13.16.300 Permit Modification.
A. The control authority may modify an individual wastewater discharge permit for good
cause, including, but not limited to, the following reasons:
1. To incorporate any new or revised Federal, State, or local pretreatment standards or
requirements;
2. To address significant alterations or additions to the user's operation, processes, or
wastewater volume or character since the time of the individual wastewater discharge permit
issuance;
3. A change in the POTW that requires either a temporary or permanent reduction or
elimination of the authorized discharge;
4. Information indicating that the permitted discharge poses a threat to the [City's]
POTW, [City] personnel, the receiving waters or beneficial sludge use
5. Violation of any terms or conditions of the individual wastewater discharge permit;
6. Misrepresentations or failure to fully disclose all relevant facts in the wastewater
discharge permit application or in any required reporting;
7. Revision of or a grant of variance from categorical pretreatment standards pursuant
to 40 CFR 403.13;
8. To correct typographical or other errors in the individual wastewater discharge
permit; or
9. To reflect a transfer of the facility ownership or operation to a new owner or
operator.
B. The control authority may modify a general permit for good cause, including, but not
limited to, the following reasons:
1. To incorporate any new or revised Federal, State, or local pretreatment standards or
requirements;
2. A change in the POTW that requires either a temporary or permanent reduction or
elimination of the authorized discharge;
3. To correct typographical or other errors in the individual wastewater discharge
permit; or
4. To reflect a transfer of the facility ownership or operation to a new owner or
operator.
13.16.310 Individual Wastewater Discharge Permit [and General Permit] Transfer.
A. Individual wastewater discharge permits [or coverage under general permits] may be
transferred to a new owner or operator only if the permittee gives at least sixty (60) days advance
notice to the control authority and the control authority approves the individual wastewater
discharge permit [or the general permit coverage] transfer. The notice to the control authority
must include a written certification by the new owner or operator which:
1. States that the new owner and/or operator shall have no immediate intent to change
the facility's operations and processes;
2. Identifies the specific date on which the transfer is to occur; and
3. Acknowledges full responsibility for complying with the existing individual
wastewater discharge permit [or general permit].
4. Submits a revised authorized or duly authorized representative of the user
acknowledgement as per [City] ordinance 13.16.060.C.
B. Failure to provide advance notice of a transfer renders the individual wastewater
discharge permit [or coverage under the general permit] void as of the date of facility transfer
and shall initiate administrative and civil enforcement actions.
13.16.320 Individual Wastewater Discharge Permit [and General Permit] Revocation.
A. The control authority may revoke an individual wastewater discharge permit [or
coverage under a general permit] for good cause, including, but not limited to, the following
reasons:
1. Failure to notify the control authority of significant changes to the wastewater prior
to the changed discharge;
2. Failure to provide prior notification to the control authority of changed conditions
pursuant to [City] ordinance 13.16.380;
3. Misrepresentation or failure to fully disclose all relevant facts in the wastewater
discharge permit application;
4. Falsifying self - monitoring reports and certification statements;
5. Tampering with monitoring equipment;
6. Refusing to allow the control authority timely access to the facility premises and
records;
7. Failure to meet effluent limitations;
8. Failure to pay fines;
9. Failure to pay sewer charges;
10. Failure to meet compliance schedules;
11. Failure to complete a wastewater survey or the wastewater discharge permit
application;
12. Failure to provide advance notice of the transfer of business ownership of a
permitted facility; or
13. Violation of any pretreatment standard or requirement, or any terms of the
wastewater discharge permit [or the general permit] or this ordinance.
B. Individual wastewater discharge permit [or coverage under general permit] shall be
voidable upon cessation of operations or transfer of business ownership pursuant of [City]
ordinance 13.16.310.
C. All individual wastewater discharge permits [or general permits] issued to a user are
void upon the issuance of a new individual wastewater discharge permit [or a general permit] to
that user.
13.16.330 Individual Wastewater Discharge Permit [and General Permit] Reissuance.
A. A user with an expiring individual wastewater discharge permit [or general permit]
shall apply for individual wastewater discharge permit [or general permit] reissuance by
submitting a complete permit application, in accordance with [City] ordinance 13.16.240, a
minimum of 180 days prior to the expiration of the user's existing individual wastewater
discharge permit [or general permit].
13.16.340 Baseline Monitoring Reports.
A. Within one hundred eighty (180) days after the effective date of a categorical
pretreatment standard as published in the federal register, or one hundred eighty (180) days after
the final administrative decision on a category determination under 40 CFR 403.6(a)(4) or
Wisconsin Administrative code NR 211.33, whichever is later, users subject to the standard
which are not new sources and which are currently discharging or scheduled to discharge into the
shall submit to the control authority a report which contains the information listed in paragraph
B, below. At least ninety (90) days prior to commencement of discharge, new sources, and
sources that become categorical industrial users subsequent to the promulgation of an applicable
categorical standard, shall submit to the control authority a report which contains the information
listed in paragraph B, below. New sources shall include in this report information regarding the
method of pretreatment that will be used to meet applicable categorical standards. The control
authority may require the user to submit additional information which the control authority finds
necessary to determine the user's ability to meet the applicable pretreatment standards. New
Source shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
Users designated as non - significant categorical industrial users are required to comply with the
following reporting requirements.
B. Users described above shall submit the information set forth below.
1. All information required in [City] ordinance 13.16.240.A.1 -2; 13.16.240.A.3.a and
13.16.240.A.6.
2. Measurement of pollutants.
a. The user shall provide the information required in [City] ordinance
13.16.240.A.7;
b. The user shall take a minimum of one representative sample to compile that data
necessary to comply with the requirements of this subsection;
c. Samples shall be taken at the discharge from the regulated process or at the
discharge from the pretreatment facilities provided that wastewaters that are not regulated by the
applicable categorical standard are not mixed with the regulated waste stream prior to the
sampling point. Where sampling according to this provision is not feasible, the control authority
may consider allowing alternative means of sampling to be used to determine compliance with
applicable categorical pretreatment standard at the point of discharge from the regulated process.
If streams which are not regulated by the applicable categorical pretreatment standard are mixed
with the regulated stream prior to the sampling point, the user shall measure the flows and
concentrations necessary to allow use of the combined waste stream formula promulgated in
[City] ordinance 13.16.080.E;
d. Sampling and analysis shall be performed in accordance with [City] ordinance
13.16.420;
e. The control authority may allow the submission of a baseline report which
utilizes only historical data so long as the data provides information sufficient to determine the
need for industrial pretreatment measures;
f. The baseline report shall indicate the time, date and place of sampling and
methods of analysis, and shall certify that such sampling and analysis is representative of normal
work cycles and expected pollutant discharges to the POTW.
3. Compliance Certification. A statement, reviewed by the user's authorized
representative as defined in [City] ordinance 13.16.060.0 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.
4. 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 must be provided. 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 [City]
ordinance 13.16.350.
5. Signature and Report Certification. All baseline monitoring reports must be
certified in accordance with [City] ordinance 13.16.460 and signed by an authorized
representative as defined in [City] ordinance 13.16.060.C.
13.16.350 Compliance Schedule Progress Reports. If a user requires additional pretreatment
and/or operational and maintenance to achieve compliance with pretreatment standards and
regulations, the following conditions shall apply to all compliance schedule progress reports:
A. The schedule shall contain progress increments 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 (such
events include, but are not limited to, hiring an engineer, completing preliminary and final plans,
executing contracts for major components, commencing and completing construction, and
beginning and conducting routine operation);
B. No increment referred to above shall exceed nine (9) months;
C. The User shall submit a progress report to the control authority no later than fourteen
(14) days following each date in the schedule and the final date of compliance including, as a
minimum, whether or not it complied with the increment of progress, the reason for any delay,
and, if appropriate, the steps being taken by the user to return to the established schedule; and
D. In no event shall more than nine (9) months elapse between such progress reports to
the control authority.
13.16.360 Reports on Compliance with Categorical Pretreatment Standards Deadline.
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 control authority a report containing the information
described in [City] ordinance 13.16.240.A.6 and 7 and 13.16.340.B2.
B. Users subject to equivalent mass or concentration limits established in accordance
with the procedures in [City] ordinance 13.16.080.C, this report shall contain a reasonable
measure of the user's long term production rate.
C. 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.
D. All compliance reports must be signed and certified in accordance with [City]
ordinance 13.16.460. All sampling will be done in conformance with [City] ordinance 13.16.430.
13.16.370 Periodic Compliance Reports.
A. Except as specified in [City] ordinance 13.16.370.C, below, all significant industrial
users must, at a frequency determined by the control authority submit no less than twice per year
(February and July) reports indicating the nature, concentration of pollutants in the discharge
which are limited by pretreatment standards and the measured or estimated average and
maximum daily flows for the reporting period. In cases where the pretreatment standard requires
compliance with a best management practice (BMP) or pollution prevention alternative, the user
must submit documentation required by the control authority or the pretreatment standard
necessary to determine the compliance status of the user.
B. The control authority may authorize a user subject to a categorical pretreatment
standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the
user has demonstrated through sampling and other technical factors that the pollutant is neither
present nor expected to be present in the discharge, or is present only at background levels from
intake water and without any increase in the pollutant due to activities of the user. This
authorization is subject to the following conditions:
1. The waiver may be authorized where a pollutant is determined to be present solely
due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is
not regulated by an applicable categorical Standard and otherwise includes no process
wastewater.
2. The monitoring waiver is valid only for the duration of the effective period of the
individual wastewater discharge permit, but in no case longer than 5 years. The user must
submit a new request for the waiver before the waiver can be granted for each subsequent
individual wastewater discharge permit.
3. In making a demonstration that a pollutant is not present, the user must provide
data from at least one sampling of the facility's process wastewater prior to any treatment present
at the facility that is representative of all wastewater from all processes.
4. The request for a monitoring waiver must be signed by the user's authorized
representative as defined in [City] ordinance 13.16.060.C, and include the certification statement
in [City] ordinance 13.16.460.A.
5. Non - detectable sample results may be used only as a demonstration that a pollutant
is not present if the EPA approved method from 40 CFR Part 136 with the lowest minimum
detection level for that pollutant was used in the analysis.
6. Any grant of the monitoring waiver by the control authority must be included as a
condition in the user's permit. The reasons supporting the waiver and any information submitted
by the user in its request for the waiver must be maintained by the control authority for 3 years
after expiration of the waiver.
7. Upon approval of the monitoring waiver and revision of the user's permit by the
control authority, the user must certify on each report with the statement in [City] ordinance
13.16.460.C, that there has been no increase in the pollutant in its waste stream due to activities
of the user.
8. In the event that a waived pollutant is found to be present or is expected to be
present because of changes that occur in the user's operations, the user must immediately comply
with the monitoring requirements of [City] ordinance 13.16.370.A, or other more frequent
monitoring requirements imposed by the control authority, and notify the control authority.
9. This provision does not supersede certification processes and requirements
established in categorical pretreatment standards, except as otherwise specified in the categorical
pretreatment standard.
C. The control authority may reduce the requirement for periodic compliance reports to a
requirement to report no less frequently than once a year, unless required more frequently in the
pretreatment standard or by where the user's total categorical wastewater flow does not exceed
any of the following:
1. 1,910 gallons per day (0.01 percent of the POTW's design dry- weather hydraulic
capacity, as measured by a continuous effluent flow monitoring device unless the user discharges
in batches;
2. 2.6 lbs. BOD /day (0.01 percent of the POTW's design dry- weather organic
treatment capacity); and
3. POTW's value for 0.01 percent of the maximum allowable head works loading
for any pollutant regulated by the applicable categorical pretreatment standard for which
approved local limits were developed.
Pollutant Maximum Allowable Head works Loading
(lb.)
Arsenic 0.018
Cadmium 0.022
Chromium 0.15
Copper 0.038
Cyanide 0.077
Lead 0.12
Mercury No detectable discharge allowed
Nickel 0.10
Phosphorus 0.29
Silver 0.086
Zinc 0.049
4. Reduced reporting is not available to users that have in the last two (2) years been
in significant noncompliance, as promulgated in [City] ordinance 13.16.520. In addition,
reduced reporting is not available to a user with daily flow rates, production levels, or pollutant
levels that vary so significantly that, in the opinion of the control authority, decreasing the
reporting requirement for this user would result in data that are not representative of conditions
occurring during the reporting period.
D. Waste streams subject to pretreatment standards and requirements that have been
shipped offsite for disposal, in lieu of discharge into the POTW, shall report the following
information:
1. The manufacturing process and volume generated;
2. Waste hauler identification and specific transport information; and
3. The final destination and fate of such waste streams.
E. All periodic compliance reports must be signed and certified in accordance with
[City] ordinance 13.16.460.A.
F. All wastewater samples must be representative of the user's discharge. Wastewater
monitoring and flow measurement facilities shall be properly operated, kept clean, and
maintained in good working order at all times. The failure of a user to keep its monitoring
facility in good working order shall not be grounds for the user to claim that sample results are
unrepresentative of its discharge.
G. If a user subject to the reporting requirement in this section monitors any regulated
pollutant at the appropriate sampling location more frequently than required by the control
authority, using the procedures prescribed in [City] ordinance 13.16.430, the results of this
monitoring shall be included in the report.
H. Users that send electronic (digital) documents in lieu of paper to the control authority
to satisfy the requirements of this section must:
1. Submit in a format that cannot be altered without detection during transmission or
at any time after receipt;
2. Any alterations to the electronic document during transmission or after receipt are
fully documented;
3. The electronic document was submitted knowingly and not by accident;
4. The electronic document is validated upon the control authority receiving the
certification statement paper page containing the original "wet ink" physically written signature
of the authorized representative of the user (photocopy not acceptable) in addition to the
electronic document submittal.
13.16.380 Reports of Changed Conditions. User's shall notify the control authority of any
significant changes to the operations or system which might alter the nature, quality, or volume
of its wastewater prior to implementing the change with sufficient notice to satisfactorily
complete the following:
A. The control authority may require the user to submit such information as may be
deemed necessary to evaluate the changed condition, including the submission of a wastewater
discharge permit application under [City] ordinance 13.16.240.
B. The control authority may issue an individual wastewater discharge permit [or a
general permit] or modify an existing wastewater discharge permit [or a general permit] in
response to changed conditions or anticipated changed conditions.
C. The control authority may deny discharge of the change into the POTW under [City]
ordinance 13.16.590, if determined the change would present or threaten or appear to present or
threaten an imminent or actual danger of interference, pass through or employee health and
safety to the POTW.
13.16.390 Reports of Potential Problems.
A. In the case of any discharge, including, but not limited to, accidental discharges,
discharges of a non - routine, episodic nature, a non - customary batch discharge, a slug discharge
or slug load, that might cause potential problems for the POTW, the user shall immediately
telephone and notify the control authority of the incident. This notification shall include the
location of the discharge, type of waste, concentration and volume, if known, and corrective
actions taken by the user.
Contact Telephone Numbers Description
608.755.3120 Control Authority Normal Business Hours
7:OOam -3:30 pm
608.755.6375 Control Authority After Hours
B. Within five (5) days following such discharge, the user shall, unless waived by the
control authority, 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 occurrences. Such notification shall
not relieve the user of any expense, loss, damage, or other liability which might be incurred as a
result of damage to the POTW, natural resources, or any other damage to person or property; nor
shall such notification relieve the user of any fines, penalties, or other liability which may be
imposed pursuant to this ordinance.
C. A notice shall be permanently posted on the user's bulletin board or other prominent
place advising employees who to call in the event of a discharge described in paragraph A,
above. Employers shall ensure that all employees, who could cause such a discharge to occur,
are advised of the emergency notification procedure.
D. Significant industrial users are required to immediately notify the control authority of
any changes at its facility affecting the potential for a slug discharge.
13.16.400 Reports from Unpermitted Users. All users not required to obtain an individual
wastewater discharge permit [or general permit] shall provide appropriate reports to the control
authority as the control authority may require, time to time, submitted no later than the date
specified.
13.16.410 Notice of Violation / Repeat Sampling and Reporting.
A. Where the control authority has performed the original sampling and analysis in lieu
of the user, the control authority shall perform the repeat sampling and analysis unless it notifies
the user of the violation and requires the user to perform the repeat analysis.
B. If sampling performed by a user indicates a violation, the user must notify the control
authority within twenty -four (24) hours of becoming aware of the violation. The user shall also
repeat the sampling and analysis and submit the results of the repeat analysis to the control
authority within thirty (30) days after becoming aware of the violation.
13.16.420 Analytical Requirements. All pollutant analyses, including sampling techniques, to
be submitted as part of a wastewater discharge permit application or report shall be performed in
accordance with Wisconsin administrative code NR 219. Laboratory test results for radiological
samples submitted by the user to the control authority shall be performed by a laboratory
approved by the Wisconsin Department of Agriculture, Trade and Consumer Protection, unless
otherwise specified in an applicable categorical pretreatment standard. Laboratory test results
shall be performed by either a certified or registered laboratory accredited under Wisconsin
administrative code NR 149.
13.16.430 Sample Collection. Samples collected to satisfy reporting requirements must be
based on data obtained through appropriate sampling and analysis performed during the period
covered by the report; based on data that is representative of conditions occurring during the
reporting period; and performed at the monitoring frequency necessary to assess and/or assure
compliance by the user with applicable pretreatment standards and requirements following the
analytical requirements promulgated in [City] ordinance 13.16.420.
A. Except as indicated in subd. B and C below, the user must collect wastewater samples
using 24 -hour flow - proportional composite sampling techniques, unless time - proportional
composite sampling or grab sampling is authorized by the control authority. When
time - proportional composite sampling or grab sampling is authorized by the control authority,
the samples must be representative of the discharge and documented in the user's file or
industrial wastewater discharge permit. Using protocols (including appropriate preservation)
specified in Wisconsin administrative code NR 219 and appropriate EPA guidance, multiple grab
samples collected during a 24 -hour period may be composited prior to the analysis as follows:
for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the
field; for volatile organics and oil and grease, the samples may be composited in the laboratory.
Composite samples for other parameters unaffected by the compositing procedures as
documented in approved EPA methodologies may be authorized by the control authority, as
appropriate. In addition, grab samples may be required to show compliance with instantaneous
limits.
B. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and
volatile organic compounds must be obtained using grab collection techniques.
C. Sampling required in support of baseline monitoring and 90 -day compliance reports
required in [City] ordinance 13.16.340 and 13.16.360, a minimum of four (4) grab samples must
be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for
facilities for which historical sampling data do not exist; for facilities for which historical
sampling data are available, the control authority may authorize a lower minimum. For the
reports required by [City] ordinance 13.16.370, the user is required to collect the number of grab
samples necessary to assess and assure compliance by with applicable pretreatment standards
and requirements.
13.16.440 Date of Report Receipt. Written reports will be deemed to have been submitted on
the date postmarked. For reports, which are not mailed, postage prepaid, into a mail facility
serviced by the United States Postal Service, the date of receipt of the report shall govern.
13.16.450 Recordkeeping and Retention. Users subject to the reporting requirements of this
ordinance shall retain, and make available for inspection and copying by EPA, WDNR and the
[City], all records of information obtained pursuant to any monitoring activities required by this
ordinance, any additional records of information obtained pursuant to monitoring activities
undertaken by the user independent of such requirements, and documentation associated with
best management practices established under [City] ordinance 13.16.100.F. 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. These records shall remain
available for a period of at least seven (7) years. This period shall be automatically extended for
the duration of any litigation concerning the user or the [City], or where the user has been
specifically notified of a longer retention period by the control authority.
13.16.460 Certification Statements.
A. Certification of Permit Applications, User Reports and Initial Monitoring Waiver.
The following certification statement is required to be signed and submitted by users submitting
permit applications in accordance with [City] ordinance 13.16.260; users submitting baseline
monitoring reports under [City] ordinance 13.16.340.B.5; users submitting reports on compliance
with the categorical pretreatment standard deadlines under [City] ordinance 13.16.360; users
submitting periodic compliance reports required by [City] ordinance 13.16.370.A -E; and users
submitting an initial request to forego sampling of a pollutant on the basis of [City] ordinance
13.16.370.B.4. The following certification statement must be signed by an authorized
representative of the user as defined in [City] ordinance 13.16.060.C:
I certify under penalty of law that this document and all attachments were
prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief true, accurate,
and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for knowing
violations.
B. Annual Certification for Non - Significant Categorical Industrial Users. A facility
determined to be a Non - Significant Categorical Industrial User by the control authority pursuant
to [City] ordinance 13.16.060.00 and 13.16.260.0 must annually submit the following
certification statement signed by an authorized representative of the user as defined in [City]
ordinance 13.16.060.C. This certification must accompany an alternative report required by the
control authority:
Based on my inquiry of the person or persons directly responsible for managing
compliance with the categorical pretreatment standards under 40 CFR
(insert applicable national pretreatment standard part(s)) I certify that, to the best
of my knowledge and belief that during the period from , to
(month, day, year):
(a) The facility described as (insert facility name) met
the definition of a Non - Significant Categorical Industrial User as described in
[City] ordinance 13.16.060.00;
(b) The facility complied with all applicable pretreatment standards and
requirements during this reporting period; and
(c) The facility never discharged more than 100 gallons of total categorical
wastewater on any given day during this reporting period.
This compliance certification is based on the following information: (insert
information supporting the facility's classification as a non - significant industrial
user).
C. Certification of Pollutants Not Present. Users that have an approved monitoring
waiver based on [City] ordinance 13.16.370.B must include the following statement along with
the signature of the authorized representative of the user as defined in [City] ordinance
13.16.060.C. certifying the facility did not increase waste stream pollutant(s) due to activities of
the user:
Based on my inquiry of the person or persons directly responsible for managing
compliance with the pretreatment standard for 40 CFR (insert applicable
national pretreatment standard part(s)), I cent that, to the best of my knowledge
and belief there has been no increase in the level of (list pollutant(s)) in
the wastewaters due to the activities at the facility since filing of the last periodic
report under [City] ordinance 13.16.370.A.
D. Certification of Toxic Organics Management Plan. Categorical users promulgated to
40 CFR 433- Effluent Guidelines for Metal Finishing that have been approved by the control
authority to implement a toxic organic management plan and total toxic organic certification
statement in lieu of monitoring for total toxic organics shall certify that:
Based on my inquiry of the permit or the persons directly responsible for
managing compliance with the pretreatment standard for total toxic organics
(TTO), I certify that, to the best of my knowledge and belief no dumping or
concentrated toxic organics into the wastewaters has occurred since filing of the
last periodic compliance report. I further certify that this facility is implementing
the toxic organics management plan submitted to the control authority.
13.16.470 Electronic (Digital) Reporting Submission Requirements. Users that submit
electronic (digital) documents in lieu of paper to the control authority to satisfy reporting
requirements must:
A. Submit in a format that cannot be altered without detection during transmission or at
any time after receipt;
B. Any alterations to the electronic document during transmission or after receipt are
fully documented;
C. The electronic document was submitted knowingly and not by accident;
D. The electronic document is only validated upon the control authority receiving the
certification statement paper page containing the original "wet ink" physically written signature
of the authorized representative of the user (photocopy not acceptable) in addition to the
electronic document submittal.
13.16.480 Monitoring Facilities.
A. All users shall have an inspection and sampling manhole or structure installed with an
opening of no less than twenty four (24) inches in diameter and an internal diameter no less than
forty eight (48) inches which is designed to contain flow measurement and sampling equipment
located with access in the sewer lateral between the user's facility and prior to connection with
the [City] collection system. The manhole shall be in an unobstructed location and shall provide
ample room in or near the manhole to allow accurate flow measurement, sampling and
preparation of samples for analysis whether constructed on public or private property.
B. Any user subject to an individual wastewater discharge permit [or a general permit]
shall provide and operate, at the user's own expense, a monitoring facility to allow twenty -four
(24) hour access for inspection, sampling and flow measurement of each unique waste stream
outfall discharged into the POTW.
C. Each monitoring facility shall be situated on the user's premises, except when such a
location would, in the opinion of the control authority, cause an extreme hardship on the user.
When the control authority determines such a hardship exists, the control authority may concur
with the facility being constructed in the public right of way or easement, in an unobstructed
location. The monitoring facility location shall provide ample room in or near the monitoring
facility to allow accurate flow measurement, sampling and preparation of samples for analysis
whether constructed on public or private property.
D. The user shall submit plans for the location and design of the monitoring facility, and
related sampling and flow measurement equipment for review and approval as promulgated in
[City] ordinance 13.16.150 prior to construction. All monitoring facilities shall be constructed in
accordance with all applicable local construction standards and specifications. All monitoring
facilities shall be constructed and maintained in such a manner so as to enable the control
authority to perform concurrent monitoring activities independently from the user provided and
maintained sampling and flow monitoring equipment.
E. The metering of flow volume discharged into the POTW shall be determined from
incoming water consumption records maintained by the [City] Water Utility.
1. In the event that a user produces evidence satisfactory to the control authority that
more than twenty percent of the total annual volume of water consumption is not discharged into
the POTW collection system; the user shall be required to install and maintain flow measurement
equipment.
2. In the event that a user discharges flow volume greater than what shall be
determined from incoming water consumption records due, in part but not limited, to the
introduction of raw materials, chemical addition or processes, cleaning and sanitation
contribution; the user shall be required to install and maintain flow measurement equipment.
3. Devices for metering the volume of waste discharged may be required by the
control authority. Metering devices for determining the volume waste discharged into the
POTW shall be purchased, installed, owned and maintained at the user's expense. Following the
approval and installation, such meters may not be removed without the consent of the control
authority. All applicable service charges and surcharges shall then be determined by the volume
recorded on such metering device.
4. Calibration of flow measurement equipment and devices shall be performed by an
independent third party no less than an annual frequency. Calibration certification reports
provided by the independent third party shall be submitted with the applicable periodic
compliance report promulgated in [City] ordinance 13.16.370.
13.16.490 Right of Entry: Inspection and Sampling. The control authority shall have the
right to enter the premises of any user to determine whether the user is complying with all
requirements of this ordinance and any individual wastewater discharge permit [or general
permit] or order issued hereunder. Users shall allow the control authority 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 a user has security measures in force which require proper identification and
clearance before entry into its premises, the user shall make necessary arrangements with its
security guards so that, upon presentation of suitable identification, the control authority shall be
permitted to enter without delay for the purposes of performing specific responsibilities.
B. The control authority shall have the right to set up on the user's property, or require
installation of, such devices as are necessary to conduct sampling and/or metering of the user's
operations.
C. 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 user at the written or verbal request
of the control authority and shall not be replaced. The costs of clearing such access shall be
borne by the user.
D. Unreasonable delays in allowing the control authority access to the user's premises
shall be a violation of this ordinance.
13.16.500 Search Warrants. If the control authority 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 ordinance, 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 ordinance or any permit or order issued hereunder, or to protect the overall public
health, safety and welfare of the community, the control authority may seek issuance of a search
warrant from the circuit court of Rock County, State of Wisconsin.
13.16.510 Confidential Information / Trade Secrets.
A. Information and data on a user obtained from reports, surveys, wastewater discharge
permit applications, individual wastewater discharge permits, [general permits] and monitoring
programs, and from the control authority inspection and sampling activities, shall be available to
the public without restriction, unless the user specifically requests, and is able to demonstrate to
the satisfaction of the control authority, that the release of such information would divulge
information, processes, or methods of production entitled to protection as trade secrets under
applicable State law. Any such request must be asserted at the time of submission of the
information or data.
B. When requested and demonstrated by the 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 upon written request to governmental agencies for uses related to the NPDES
program or pretreatment program, and in enforcement proceedings involving the person
furnishing the report.
C. Wastewater constituents and characteristics and other effluent data, as defined at 40
CFR 2.302 and Wisconsin Statute 19.21 shall not be recognized as confidential information and
shall be available to the public without restriction.
13.16.520 Publication of Users in Significant Noncompliance. The control authority shall
publish annually, in a newspaper of general circulation that provides meaningful public notice in
the [City], a list of the users which, at any time during the previous twelve (12) months, were in
significant noncompliance with applicable pretreatment standards and requirements. An
industrial user has been in significant noncompliance if any of the criteria in subd. A through H,
below, apply. A non - significant industrial user has been in significant noncompliance if criteria
in subd. C, D or H, below, apply:
A. Chronic violations of wastewater discharge limits, defined here as those in which
sixty -six percent (66 %) or more of all the measurements taken for the same pollutant parameter
taken during a six (6) month period exceed by any magnitude a numeric pretreatment standard or
requirement, including instantaneous limits;
B. Technical Review Criteria (TRC) violations, defined here 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, multiplied by the applicable criteria (1.4 for BOD,
TSS, fats, oils and grease, and 1.2 for all other pollutants except pH; or exceeded a pH limit by
0.4 standard units);
C. The control authority has reason to believe that an user has caused, alone or in
combination with other discharges, interference, pass through or endangerment of health of
POTW personnel or the general public because of a violation of a pretreatment standard or
requirement;
D. Any discharge of a pollutant that has caused imminent endangerment to human
health, welfare or the environment, or has resulted in the control authority's exercise of its
emergency authority to halt or prevent such a discharge;
E. The user failed to meet, within ninety (90) days of the scheduled date, a compliance
schedule milestone contained in an individual wastewater discharge permit [or a general permit]
or enforcement order for starting construction, completing construction, or attaining final
compliance;
F. The user has failed to provide within forty -five (45) days after the deadline a required
report containing all required monitoring results and other information, such as baseline
monitoring report, report on compliance with categorical pretreatment standard deadline,
periodic self - monitoring report, and reports on compliance with compliance schedules;
G. The user failed to accurately report noncompliance; or
H. Any other violation(s), which may include a violation of best management practices,
which the control authority determines will adversely affect the operation or implementation of
the local pretreatment program.
13.16.530 Notification of Violation. When the control authority finds that a user has violated,
or continues to violate, any provision of this ordinance, an individual wastewater discharge
permit, [or a general permit] or order issued hereunder, or any other pretreatment standard or
requirement, the control authority may serve upon that user a written notice of violation. Within
thirty (30) days of 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 control authority. 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 control authority from initating additional administrative or
judicial enforcement action, without first issuing a notice of violation.
13.16.540 Consent Orders. The control authority 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 [City] ordinance
13.16.560 and 13.16.570 and shall be judicially enforceable.
13.16.550 Show Cause Hearing. The control authority may order a user which has violated, or
continues to violate, any provision of this ordinance, an individual wastewater discharge permit,
[or a general permit] or order issued hereunder, or any other pretreatment standard or
requirement, to appear before the control authority and show cause why the proposed
enforcement action should not be taken. Notice shall be served on the user specifying the time
and place for the meeting, the proposed enforcement action, the reasons for such action, and a
request that the user show cause why the proposed enforcement action should not be taken. The
notice of the meeting shall be served personally or by registered or certified mail at least fourteen
(14) days prior to the hearing. Such notice may be served on any authorized representative of the
user as defined in [City] ordinance 13.16.060.0 and required by [City] ordinance 13.16.260.A.
A show cause hearing shall not be a bar against, or prerequisite for, taking any other action
against the user.
13.16.560 Compliance Orders. When the control authority finds that a user has violated, or
continues to violate, any provision of this ordinance, an individual wastewater discharge permit,
[or a general permit] or order issued hereunder, or any other pretreatment standard or
requirement, [the Superintendent] may issue an order to the user responsible for the discharge
directing that the user come into compliance within a specified time. If the user does not come
into compliance within the time provided, sewer service may be discontinued unless adequate
treatment facilities, devices, or other related appurtenances are installed, properly operated and
maintained. Compliance orders also may contain other requirements to address the
noncompliance, including additional self - monitoring and management practices designed to
minimize the amount of pollutants discharged to the sewer. A compliance order may not extend
the deadline for compliance established for a pretreatment standard or requirement, nor does a
compliance order relieve the user of liability for any violation, including any continuing
violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking
any other action against the user.
13.16.570 Cease and Desist Orders. When the control authority finds that a user has violated,
or continues to violate, any provision of this ordinance, an individual wastewater discharge
permit, [or a general permit] or order issued hereunder, or any other pretreatment standard or
requirement, or that the user's past violations are likely to recur, the control authority may issue
an order to the user directing it to cease and desist all such violations and directing the user to:
A. Immediately comply with all requirements; and
B. Take such appropriate remedial or 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.
13.16.580 Court Forfeitures and Penalties, Equitable Relief.
A. When the control authority finds that a user has violated, or continues to violate, any
provision of this ordinance, an individual wastewater discharge permit, [or a general permit] or
order issued hereunder, or any other pretreatment standard or requirement set forth in this
ordinance, the control authority may initiate enforcement of penalties through legal action,
together with equitable relief, in the manner allowed by Wisconsin law. Such forfeitures and
other monetary penalties 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 be subject to such additional costs, fees,
assessments, interest and legal and equitable relief allowed by law. Interest at the rate of one
percent (1 %) per month shall be assessed as allowed by law upon the unpaid balance. A lien
against the user's property may be sought for unpaid charges, fines, and penalties.
C. The control authority may add the costs of preparing administrative enforcement
actions, such as notices and orders and case preparation to the recovery sought through legal
enforcement action.
13.16.590 Emergency Suspensions. The control authority 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 control authority may also
immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to
interfere with the operation of the [City] 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 control authority may take such steps as deemed necessary, including
immediate severance of the sewer connection, to prevent or minimize damage to the [City]
POTW, its receiving stream, or endangerment to any individuals. The control authority may
allow the user to recommence its discharge when the user has demonstrated to the satisfaction of
the control authority that the period of endangerment has passed, unless the termination
proceedings in [City] ordinance 13.16.600 are initiated against the user.
B. A user that is responsible, in whole or in part, for any discharge presenting imminent
endangerment shall submit a detailed written statement, describing the causes of the harmful
contribution and the measures taken to prevent any future occurrence, to the control authority
prior to the date of any show cause or termination hearing under [City] ordinance 13.16.550 or
13.16.600.
Nothing in this section shall be interpreted as requiring a hearing prior to any emergency
suspension under this section.
13.16.600 Termination of Discharge. In addition to the provisions in [City] ordinance
13.16.320, any user who violates the following conditions is subject to discharge termination:
A. Violation of individual wastewater discharge permit [or general 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;
E. Violation of the conditions or any provision of this ordinance or any administrative or
judicial order entered with respect hereto;
F. Makes, attempts to make, aids or abets any connection to the [City] POTW collection
system in any manner contrary to provisions of this ordinance or other Federal, State or [City]
law; or
G. Discharges, causes to be discharged, or in any manner aids in the discharge of any
toxic or hazardous pollutant or any other substance prohibited in [City] ordinance 13.16.070.
Such user will be notified of the proposed termination of its discharge and be offered an
opportunity to show cause under [City] ordinance 13.16.550 why the proposed action should not
be taken. Exercise of this option by the control authority shall not be a bar to, or a prerequisite
for, taking any other action against the user.
13.16.610 Injunctive Relief. When the control authority finds that a user has violated, or
continues to violate, any provision of this ordinance, an individual wastewater discharge permit,
[or a general permit] or order issued hereunder, or any other pretreatment standard or
requirement, the control authority in addition to any and all other enforcement and legal actions,
remedies, penalties and relief may petition the Circuit Court of Rock County through the [City's]
Attorney's Office for the issuance of a temporary or permanent injunction or other equitable
order, as appropriate, which restrains or compels the specific performance of the individual
wastewater discharge permit, [the general permit] order, or other requirement imposed by this
ordinance on activities of the user. The control authority may also seek such other action(s) 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.
13.16.620 Civil Penalties.
A. A user who has violated, or continues to violate, any provision of this ordinance, an
individual wastewater discharge permit, [or a general permit] or order issued hereunder, or any
other pretreatment standard or requirement shall be liable to [the City] for a maximum forfeiture
in an amount of not less than $1,000 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 control authority may recover reasonable attorneys' 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 and forfeitures shall not be a bar against, or a
prerequisite for, taking any other enforcement, legal or equitable action against a user for similar
or other violation(s), and default(s).
13.16.630 Remedies Nonexclusive. The remedies provided for in this ordinance are not
exclusive. The control authority may take any, all, or any combination of these actions against a
noncompliant user. Enforcement of pretreatment violations will generally be in accordance with
the [City's] enforcement response plan. However, the control authority may take other action
against any user when the circumstances warrant. Further, the control authority is empowered to
take more than one enforcement action against any noncompliant user.
13.16.640 Penalties for Late Reports. A penalty of one - hundred ($100.00) dollars shall be
assessed to any user for each day that a report required by this ordinance, a permit or order
issued hereunder is late beginning five days after the date the report is due. Actions taken by the
control authority to collect late reporting penalties shall not limit the control authority's ability to
initiate other enforcement actions that may include penalties for late reporting violations.
13.16.650 Performance Bonds. The control authority may decline to issue or reissue an
individual wastewater discharge permit [or a general permit] to any user who has failed to
comply with any provision of this ordinance, a previous individual wastewater discharge permit,
[or a previous general 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 control authority to be necessary to achieve consistent
compliance.
13.16.660 Liability Insurance. The control authority may decline to issue or reissue an
individual wastewater discharge [or a general permit] to any user who has failed to comply with
any provision of this ordinance, a previous individual wastewater discharge permit, [or a
previous general 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 [City] POTW caused by its discharge.
13.16.670 Payment of Outstanding Fees and Penalties. The control authority may decline to
issue or reissue an individual wastewater discharge permit [or a general permit] to any user who
has failed to pay any outstanding fees, fines or penalties incurred as a result of any provision of
this ordinance, a previous individual wastewater discharge permit, [or a previous general permit]
or order issued hereunder.
13.16.680 Water Supply Severance. Whenever a user has violated or continues to violate any
provision of this ordinance, an individual wastewater discharge permit, [a general permit] or
order issued hereunder, or any other pretreatment standard or requirement, water service to the
user may be severed. Service will recommence, at the user's expense, only after the user has
satisfactorily demonstrated its ability to comply.
13.16.690 Accidental Discharge Upset. Defined as an exceptional incident in which there is
unintentional and temporary noncompliance with either categorical or local pretreatment
standards and requirements because of factors beyond the reasonable control of the user. An
accidental discharge 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.
A. An accidental discharge upset shall constitute an affirmative defense to an action
brought for noncompliance with either categorical or local pretreatment standards if the user
demonstrates through properly signed, contemporaneous operating logs or other relevant
evidence that the requirements below are met:
1. An accidental discharge 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 workman like manner
and in compliance with applicable operation and maintenance procedures; and
3. The user has followed the procedures identified in reporting potential problems as
promulgated in [City] ordinance 13.16.390 and has submitted the following information to the
control authority within twenty -four (24) hours of becoming aware of the accidental discharge
upset or if this information is provided orally, a written submission must be provided within five
(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.
B. Users shall control production of all discharges to the extent necessary to maintain
compliance with either categorical or local pretreatment standards upon reduction, loss,
or failure of its treatment facility until the facility is 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.
C. In any enforcement proceeding, the user seeking to establish the occurrence of an
accidental discharge upset shall have the burden of proof.
13.16.700 Prohibited Discharge Standards. A user shall have an affirmative defense to an
enforcement action brought against it for noncompliance with the general prohibitions in [City]
ordinance 13.16.070.A or the specific prohibitions in [City] ordinance 13.16.070.B.3 - .8 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] POTW was regularly in compliance
with its WPDES permit, and in the case of interference, was in compliance with applicable
sludge use or disposal requirements.
13.16.710 Bypassing.
A. 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 provisions identified hereafter.
B. Bypass Notifications:
1. If a user knows in advance of the need for a bypass, it shall submit prior notice to
the control authority, at least ten (10) days before the date of the bypass, if possible.
2. The user shall follow the procedures identified in reporting potential problems as
promulgated in [City] ordinance 13.16.390 and has submitted the following information to the
control authority within twenty -four (24) hours of becoming aware of an unanticipated bypass
that exceeds applicable pretreatment standards or if this information is provided orally, a written
submission must be provided within five (5) days:
a. A description of the bypass discharge and contributing factors causing the bypass;
b. The duration of bypass, including exact dates and times or, if not corrected, the
anticipated time the bypassing is expected to continue; and
c. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of
the bypass.
d. The control authority may waive the written report on a case by case basis if the
oral report has been received within twenty -four (24) hours.
C. Bypass is prohibited, and the control authority may take an enforcement action
against a user for a bypass, unless
1. Bypass was unavoidable to prevent loss of life, personal injury, or severe property
damage which includes 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;
2. 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 back -up 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
3. The user submitted notices as required under [City] ordinance 13.16.710.B.
D. The control authority may approve an anticipated bypass, after considering its adverse
effects, if the control authority determines that it will meet the three conditions listed under
[City] ordinance 13.16.710.C.
13.16.720 Wastewater Treatment Rates.
A. Specific sewer service charges shall be reserved and promulgated in [City] ordinance
Chapter 13.18 Sewer Service Charges.
B. Pretreatment charges and fees. The [City] may adopt reasonable fees for
reimbursement of costs of setting up and operating the [City's] pretreatment program, which may
include:
1. Fees for wastewater discharge permit applications including the cost of processing
such applications;
2. 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;
3. Fees for reviewing and responding to accidental discharge procedures and
construction;
4. Fees for filing appeals;
5. Fees to recover administrative and legal costs associated with the enforcement
activity taken by the control authority to address user noncompliance; and
6. Other fees as the control authority may deem necessary to carry out the
requirements contained herein. These fees relate solely to the matters covered by this ordinance
and are separate from all other fees, fines, and penalties chargeable by the [City].
13.16.730 Severability. 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.
13.16.740 Effective Date. This ordinance shall be in full force and effect immediately
following its passage, approval, and publication, as provided by law.
SECTION XI. Section 13.18.020 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
13.18.020 Definitions. See Section 13.16.030 060 for additional definitions.
A. "Clear water ". All water which has not been polluted or contaminated by
use, or water that would not cause violation of receiving water quality standards and would not
benefit by discharge to the sanitary sewers and wastewater treatment facilities of the utility.
Clear water includes non - contact cooling water, water used for irrigation, and any other non -
polluted water. Clear water may come from the public water supply or from any other source.
B. "Common Council ". The governing body of officials elected by the City
of Janesville to oversee the management of the city utilities.
C. "Director ". The City Manager, the Director of Public Works or Services, the
Utility Director and/or other duly authorized deputy, agent or representative as designated by the
City Manager.
D. "Garbage ". The residue from the preparation and dispensing of food, and from
the handling, storage and sale of food produce.
E. "Grease Interceptor ". A receptacle, either interior or exterior, designed to
intercept and retain or remove grease or fatty substances. Also called "grease trap"
F. "Ground garbage ". The residue from the preparation, cooking and
dispensing of food that has been shredded to such degree that all particles will be carried freely
in suspension under the flow conditions normally prevailing in public sewers, with no particle
greater than one -half inch in any dimension.
G. "Lateral". All pipes and devices connecting a sewer main to a customer
and/or serviced property. In certain instances, at the discretion of the Director, the Utility will
pay street restoration costs when a residential customer must perform lateral maintenance under
a publicly -owned street surface.
H. "Normal concentration ".
1. A five -day, twenty- degree - centigrade BOD of not more than two hundred
fifty mg/L;
2. A suspended solids content of not more than three hundred mg/L.
3. A phosphorus concentration of not more than eight mg/L.
I. "Normal sewage ". Sanitary sewage or other wastes in which BOD, suspended
solids, or phosphorus concentrations do not exceed normal concentrations.
J. "Privy or vault toilet wastes ". Wastes from a cavity in the ground or vault
constructed for toilet uses which receives human excrement either to be partially absorbed by the
surrounding soil or for storage and periodic removal.
K. "Public sewer ". A sewer provided by or subject to the jurisdiction of the
City. It also includes sewers within or outside the City boundaries that serve one or more
persons and ultimately discharge into the City sewerage system, even though those sewers may
not have been constructed with City funds.
L. "Replacement ". Expenditures for obtaining and installing equipment,
accessories, or appurtenances which are necessary to maintain the capacity and performance of
the sewerage system during the service life of the sewerage system for which such system was
designed and constructed.
M. "Sanitary sewage ". The waste from water closets, urinals, lavatories, sinks,
bathtubs, showers, household laundries, cellar floor drains, garage floor drains, and other sewage
from primarily domestic sources.
N. "Sanitary sewer ". A sewer that carries liquid and water - carried wastes from
residences, commercial buildings, industrial plants, or institutions, and into which stormwater
and clear water are not admitted.
O. "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.
P. "Sewer ". Any pipe, conduit, ditch or other device used to collect and
transport sewage, stormwater, groundwater or other waters from the generating source.
SECTION XII. Section 13.18.030(C) of the Code of General Ordinances of the City of
Janesville is hereby amended to read as follows:
C. "Clear water" / "Deduct" Meter. The customer may, in an effort to reduce
wastewater charges, measure the water supplied by the City water utility which does not enter
the sanitary sewer collection system, through the use of an additional "clear water" meter. The
person shall, at his own expense, provide a suitable location and proper connections to allow the
installation of a water meter and transmitter purchased from, and installed by, the City water
utility. Wastewater charges will be reduced by using the volume of flow not entering the
sanitary sewer with the current wastewater rates. The cost of testing, maintenance, and
replacement of the "clear water" meter shall be at the customer's expense included in the
following fixed fees:
1.2. Meter and Transmitter Upgrade Fee for 5/8" and 3 /4" meters $156.00. This
is a one -time fee to upgrade the meter, if needed, and transmitter to a radio reading system. This
fee can be paid in one payment or spread over 5 years at $10.00 /quarter.
SECTION XIII. Section 13.18.050 of the Code of General Ordinances of the City of Janesville
is hereby repealed.
13.18.050 Hauled waste service charge.
A. Ceneral.
1. Should the Director determine that excess capacity exists at the
114.08, Wis. Stats., as from time to timc amended. Such wastes shall only be accepted from
haulers licensed under Sec. 1'16.30(3)(a), Wis. Stats., as from time to time amended. Hauled
wastes shall only be accepted if such wastes arc delivered by the licensed hauler to the
by the Director.
2. Prior to accepting wastes from a licensed hauler, the hauler shall have
... - . . ... • . •. -- .. - !• - . . . •
.. .
withi n ti,
3. All approvals for hauled waste disposal shall be subject to such conditions
or directly related to the acceptance of hauled wastes. Individual reports from each hauler shall
be prepared for each load of waste discharged.
B. Rates. Application fees and disposal charges for bulk wastes shall be as follows:
A.4. Application fee. To defray annual program administration costs, a non-
refundable fee of $50.00 shall be paid by the applying licensed hauler at the time of the
application. Once the application is approved by the Director, the licensed hauler will be
authorized to discharge residential spetage and/or holding tank waste at the treatment plan for a
period of one year. All other liquid wastes require a separate specific approval of the Director
prior to their discharge. A new application and $50.00 non - refundable fee must be submitted
each year.
B. 2 Septage. For each 1,000 gallons or a portion thereof of typical strength
septage (less than 7,000 mg/L BOD and 15,000 mg /L SS) there shall be a charge of $50.00. If
analytical testing determines the strength of the septage to be higher than the typical values as
indicated above, an additional charge shall be levied, based upon the unit charges as indicated in
Section 13.18.040 above, and upon the increased pounds of BOD and/or SS over and above the
typical strengths as stated in this paragraph.
C. Commercial /Industrial Hauled Waste. Commercial /Industrial bulk waste
haulers will be billed a $2.29 surcharge per pound of phosphorous on all waste received.
D. Holding Tank Wastes. For each 1,000 gallons or portion thereof of
typical strength holding tank waste (less than 600 mg/L BOD and 1,800 mg/L SS) there shall be
a charge of $9.50. If analytical testing determines the strength of the septage to be higher than
the typical values as indicated above, an additional charge shall be levied, based upon the unit
charges as indicated in Section 13.18.040 above, and upon the increased pounds of BOD and/or
SS over and above the typical strengths as stated in this paragraph.
E. 4. Privy, Vault Toilet Wastes, and Other Bulk Wastes. Privy, vault toilet
wastes and other bulk wastes will be charged for on a case -by -case basis, based on the character
of the wastes as determined by actual testing, upon the unit charges as indicated in Section
13.18.040 above, and including actual costs for analytical charges and for administrative
expenses.
ADOPTED: April 13, 2015 Motion by: Marklein
Second by: Farrell
APPROVED: Councilmember Aye Nay Pass Absent
Bobzien X
Farrell X
Mark A Freitag, City Manager Fitzgerald X
Gruber X
ATTE$ _
Liebert X
f /....--" Marklein X
avid T. Godek, Deputy City Clerk - Treasurer
Severson X
APPROVED AS TO FORM:
og%/
Wald Klimczyk, ity Attorney
Proposed by: Water & Wastewater Utility
Prepared by: Water & Wastewater Utility and City
Attorney