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2023-859 FILE ORDINANCE NO. 2023 - 859 An ordinance amending various portions of Article 40 of the Code of General Ordinances, with penalties and other relief for violations thereof as set forth in JGO 40-173. NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION 1. Sections 40-173 (d)(2), (e) (2) and Sections 40-535 (b) of the Code of General Ordinances of the City of Janesville are hereby amended to read as follows: 40-173. Janesville local limits. Janesville local guidelines. EXPAND Pollutant Guideline (mg/l) Ammonia nitrogen Reserved BOD 250 FOG nonpolar 300 FOG polar 100 Total selenium 7.8 Total suspended solids 300 Total Phosphorus 7.0 or 5.0 lbs/day (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. Janesville local limits EXPAND 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 20.0 or 15 lbs./day Silver 5.4 Zinc 3.1 pH 5.0-10.0 s.u. (1) 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. • (2) 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 Section 40-211. b. Users which do not apply for the phosphorus mass based daily maximum limit remain subject to the phosphorus concentration based daily maximum limit. Sec. 40-535. - Industrial and commercial surcharge. (a) Imposition. All persons, firms, corporations, institutions, or organizations discharging wastes into the public sewers shall, if their sewage has a concentration greater than "normal" domestic concentrations, be considered an industrial discharger and subject to the requirements of Section 40-208. The amount of surcharge shall reflect the cost incurred by the City in removing the excess biochemical oxygen demand (BOD), suspended solids and phosphorus. Surcharge Parameter Normal Domestic Concentration BOD 250 mg/L Total suspended solids 300 mg/L Total Phosphorus 7.0 mg/L or 5.0 lbs./day (b) Computation. The excess pounds of BOD, suspended solids and phosphorus will be computed by multiplying the flow volume in million gallons per day (MGD) by the constant 8.345 lbs./ gallon water, and then multiplying the product by the difference between the person's concentrations of BOD, suspended solids, and phosphorus and the aforementioned normal concentrations in parts per million by weight. This product will then be multiplied by the number of days in the billing period to determine the surcharge. (c) Rates. The rates of surcharge for each of the constituents mentioned in the Subsection (b) of this section will be at the prevailing rate at the time. The prevailing rate at the time shall be in an amount as established by the City Council from time to time, and as set out in the fee schedule that appears in this Code. SECTION 2. Severability. If any section, subsection, paragraph, or portion of this Ordinance is for any reason determined to be invalid or unconstitutional by the decision of a court of competent jurisdiction, that section, subsection, paragraph, or portion shall be deemed severable and shall not affect the validity of the remaining sections, subsections, paragraphs, or portions of this Ordinance. SECTION 3. Effective Date. This Ordinance shall become effective upon passage and publication as provided by law. ADOPTED: February 13, 2023 Motion by: Williams APPROVE : Second by: Marshick • Councilmember Aye Nay Pass Absent Benson X David J. Moore, Acting ity Manager Burdick X Jackson X ATTEST: nn Marklein X Marshick X Lorena Rae Stottler, City Clerk-Treasurer Miller X Williams X APPROVED S TO FOR : VJ J Wald Klimczyk, City Attorney Proposed by: David Botts, Utility Director Prepared by: David Botts, Utility Director