E3. Ord 1911 - Pretreatment and Nondomestic Sewer UseKALISPELL
City of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903
Telephone: (406) 758-7701 Fax: (406) 758-7758
MEMORANDUM
To: Doug Russell, City Manager
From: Susie Turner, P.E. Public Works Director
Meeting Date: July 17, 2023
Re: Second Reading Pretreatment and Nondomestic Sewer Use Ordinance 1911
BACKGROUND: The City of Kalispell is permitted by the Montana Department of
Environmental Quality (DEQ) under the Montana Pollution Discharge Elimination System
(MPDES) General Permit to discharge treated wastewater to Ashley Creek. Components of
Kalispell's MPDES permit require the creation and implementation of a local pretreatment
program. The local program must administer and enforce all national pretreatment standards and
requirements in accordance with the Environmental Protection Agency (EPA) National
Pretreatment Program published in 40 CFR Part 403. The National Pretreatment Program
provides the regulatory basis to require industrial and nondomestic dischargers to comply with
pretreatment standards to ensure attainability of the goals of the Clean Water Act (CWA).
In order to adhere to the requirements within the National Pretreatment Program, Kalispell is
required to establish a Pretreatment and Nondomestic Sewer Use Ordinance, along with supporting
resolutions, documents, and updates to Municipal Code.
Staff presented an overview of the proposed Pretreatment and Nondomestic Sewer Use Ordinance,
Local Limit Justification and Emergency Response Plan Resolutions, and proposed updates to
Chapter 23 Sewer, Sewage, Disposal and Drains at the April 24, 2023 Work Session.
Additionally, two public hearings were held on May 15, 2023 and June 19, 2023. Two comments
were received regarding the Pretreatment and Nondomestic Sewer Use Ordinance and are attached
for Council's review.
Council unanimously approved the lst reading of Ordinance 1911, at the July 3rd Council
Meeting. Before Council is the recommendation to approve the second reading of Ordinance
1911 - Pretreatment and Nondomestic Sewer, an Ordinance which satisfies the requirements of the
National Pretreatment Program (40 CFR Part 403).
ACTION REQUESTED: Motion and vote to approve the second reading of Ordinance 1911-
Pretreatment and Nondomestic Sewer Use with Exhibits.
ALTERNATIVE: As suggested by City Council.
ATTACHMENTS:
Pretreatment Documents - Public Comment and Response
Ordinance 1911 - Pretreatment and Nondomestic Sewer Use Ordinance
Public Comment and Response
Comment #1:
Date: 4/25/2023
Name: Jan Woods- Glacier Fur Dressing
Contact: gfd@bresnan.net
Comment: We wanted to let you know that we watched the meeting last night via Zoom. You
gave a great presentation and it seemed like it was well received. Thank you for your hard work
and education of not only us, but the council themselves. Like the one gentleman said, your
countless hours on this matter for all of Kalispell has put the city and its water system in a very
good state. Thank you for your time and patience with us as well. This was a costly endeavor and
we appreciate being able to make the changes little by little so as not to overwhelm our small
business. Thank you very much. Have a nice day. Sincerely, Jan Woods
Response: NA
Comment #2:
Date: 6/19/2023
Name: Cindy Murray, General Manager, Flathead County Water District #1-Evergreen
Contact: cmurray@evergreenwaterdistrict.com
Comment: See 6/19/2023 comment letter below
Response: Sent 6/28/2023, via email from Susie Turner
Greetings Cindy,
The City appreciates your thorough review and understanding of the pretreatment
requirements. Evergreen's efforts to adhere to the requirements will protect Kalispell's
Treatment Plant treatment process, Ashley Creek, and help maintain regulatory compliance. The
following is a response to the Public comment received on June 19th regarding Kalispell's
proposed Wastewater Pretreatment and Commercial Sewer Use Regulation.
The City fully intends to involve Districts in discussions when working with permitted
dischargers within a District's jurisdiction. Communication between the City and a District will
be imperative to ensure successful compliance. Interactions, as noted in your comment letter,
between the City and a District will be necessary, however communications can and will be
accomplished outside of making the suggested changes noted in numbers 1 and 3 from the
received comment letter. As such, the suggested changes will not be recommended to Council
by staff.
The outside jurisdictional reporting requirements are required to support the City's reporting
requirements for the Pretreatment Program to DEQ and EPA. There is already a significant
amount of tracking and reporting required as part of 40 CFR 403 that the City is required to
perform. The City is required to account for all items within 5.10 A.3 in the annual report to
DEQ/EPA. The annual report is a public document and will be accessible to all Districts. The
request to add an additional non -required reporting workload, during the onset of establishing a
program, does not seem to be in the best interest of the City or provide the City an additional
benefit for the management of the program.
The included provisions to review and revise a District's Interlocal agreement was language
established by EPA and intended to create a process to make updates when or if changes are
necessary or dictated as it pertains to the pretreatment program. Understandably, the language
ensures the City will be accountable for the management of their pretreatment program and make
the necessary updates to a District Agreement as changes are made by EPA. I am unaware of any
updates that would necessitate an update to the 2015 Sanitary Sewer Treatment Agreement
between Kalispell and Evergreen as it pertains to the new Pretreatment Ordinance. Please be
assured we will be diligent in reviewing the pretreatment program implementation/enforcement
as it relates to District Agreements, to ensure compliance with the Federal Clean Water Act (42
U.S.C. 1251 et seq.) and rules and regulations (40 CFR Part 403) issued thereunder, as
necessary, but at least once every 5 years.
130 Nicholson Drive
Water & Sewer Kalispell, M 259 01
861
DISTRICT 1c, Email: info@evergreenwaterdistrict.com
June 19, 2023
City of Kalispell
201 First Ave East
Kalispell MT 59903
Publiccomment@kalispell.com
RE: Comments Regarding Proposed Ordinance "Wastewater Pretreatment and
Commercial Sewer Use Regulations"
Dear Honorable Mayor Johnson and Council Members,
Flathead County Water District 91 — Evergreen ("District") appreciates the opportunity to review
and comment on the proposed Ordinance of the Kalispell City Council establishing Chapter 23B
Kalispell Municipal Code entitled "Wastewater Pretreatment and Commercial Sewer Use
Regulations". The District has retained a consultant, Jacqueline McCall, who has expertise in
EPA Pretreatment Compliance, Ms. McCall is working with the District on revisions to its Sewer
Use Ordinance that will be necessary as a result of the changes the City is proposing to its
pretreatment requirements contained in the new proposed ordinance. In close coordination with
Del Phipps of the City, the District has already implemented a more robust Pretreatment Program
with its commercial customers and will continue to work with the City to implement the existing
and new requirements for the District and its customers.
Article 5 Section 5.10 regulates waste received from other jurisdictions. Article 5.10 (A) requires
the City of Kalispell (City) to enter into an Interlocal Agreement with the contributing
municipality/district to the City POTW. The District is such a jurisdiction. The current Interlocal
Agreement between the City and the District is dated July 1, 2015. While the current InterlocaI
Agreement has certain requirements pertaining to pretreatment, the Agreement needs to be updated
to reflect certain provisions in the City's ordinance, the City's current policies with respect to
pretreatment inspections, and other matters, including but not limited to, those items identified
below that are the District's proposed modifications to the City's new ordinance. The District
supports the inclusion of Article 5 (5.10)(F) in the proposed ordinance that mandates that the City
meet with the District to review and revise the Interlocal Agreement at least every 5 years,
Article 5 Section 5.10 (A)(2)(f) of the SUO requires the outside jurisdiction in its Interlocal
Agreement with the City to provide City of Kalispell (City) Industrial Pretreatment Coordinator
(IPC) with a quarterly report listing all work performed by the contributing municipality/district
in fulfilling any City Regulations and Requirements.
5.10 (A)(3) requires the City of Kalispell is responsible to:
a. Issue Wastewater Discharge Permits to all Users required to obtain a permit;
b. Conduct inspections, .sampling, and analysis ofpermitted Users;
c. Take all appropriate enforcement action as outlined in the City's Sewer Use
Ordinance, the Sewer Enforcement Response Plan, and these City Regulations;
d. Perform technical or administrative duties the parties deem appropriate;
e. Take emergency action to stop or prevent any discharge which presents or may
present an imminent danger to the health or we�fare of humans, which appears
to threaten the environment, or which threatens to cause interference, pass
through, or sludge contamination; and
f Provide the contributing municipalityldistrict with a detailed accounting of all
costs.
The District agrees with these responsibilities, but urges the Council to consider the following
suggestions for modifications to the City of Kalispell "Wastewater Pretreatment and Commercial
Sewer Use Regulations" for the purpose of assisting outside jurisdiction in complying with City
and EPA requirements and regulations:
1. Include outside jurisdiction as an additional signatory on permits, 5.10 (A)(3)(a), issued
by the City within the outside jurisdiction. At a minimum, the District needs to participate
with the City in discussions with District customers and review the draft
languagelconditions for any necessary permits prior to the issuance of those permits.
2. Include a requirement for the City that is identical to the requirement in 5.10 (A)(2)(f) that
applies to outside jurisdictions; the City should provide a quarterly report listing all work
performed by the City within the outside jurisdiction including a summary of actions taken
by the City to discharge the City responsibilities outlined in 5.10(A)(3)(b-f) above; and
3- Include in 5.10 (A)(3) a requirement that the outside jurisdiction is notified immediately
by the City in the case of User report of accidental discharge pursuant to Article 3 (3.3)
(B) "Accidental Discharges; Notice to Employees; Control of Slug Discharges_"
Thank you for the opportunity to provides comments, We look forward to working with the City's
Public Works Director and the Pretreatment Program Staff to ensure compliance with all
applicable requirements in the City's and District's ordinances. We also look forward to working
with the City on revisions to the Interlocal Agreement with the District.
Sincerely,
I kit"
r,
'Cindy Murray,
General Manager, Flathead Coun Water District 41 — Evergreen
130 Nicholson Drive
Kalispell, MT 59901
cmurraY@evergreenwaterdistriet.com evergreenwaterdistriet.com
ORDINANCE NO. 1911
AN ORDINANCE OF THE KALISPELL CITY COUNCIL ESTABLISHING CHAPTER
23B, KALISPELL MUNICIPAL CODE ENTITLED "WASTEWATER PRE-
TREATMENT AND NONDOMESTIC SEWER USE REGULATIONS," ESTABLISHING
GENERAL WASTEWATER PRETREATMENT AND NONDOMESTIC SEWER USE
REGULATIONS IN COMPLIANCE WITH STATE AND FEDERAL LAWS AND
PARTICULARLY TITLE 40 OF THE CODE OF FEDERAL REGULATIONS, PART 403,
ESTABLISHING REPORTING AND ENFORCEMENT PROVISIONS, DECLARING AN
EFFECTIVE DATE, AND DIRECTING THE CITY ATTORNEY TO CODIFY THE
SAME.
WHEREAS, the City of Kalispell, due to its population level and as the owner and operator of a
Publicly Owned Treatment Works (POTW), is legally required 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 particularly the General Pretreatment
Regulations (Title 40 of the Code of Federal Regulations [CFR] Part 403) as
enforced by the Montana Pollutant Discharge Elimination System permit; and
WHEREAS, in compliance with said laws, the City of Kalispell is therefore legally obligated to
enact ordinances and regulations that provide uniform requirements for non -
domestic Users of the POTW for the City of Kalispell; and
WHEREAS, the Kalispell City Council hereby finds that it is in the best interests of the City of
Kalispell and its taxpayers, ratepayers and residents to remain in compliance with
all applicable State and Federal laws, maintain its wastewater discharge permit, and
preserve the water quality of its surface and ground waters.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. The City of Kalispell hereby establishes those regulations on
Wastewater Pretreatment and Nondomestic Sewer Use as follows
on Exhibit "A", attached hereto and incorporated fully herein by this
reference.
SECTION 2. The City Attorney is hereby authorized and directed to codify this
Ordinance under Chapter 23B, Wastewater Pretreatment and
Nondomestic Sewer Use Regulations, of the Kalispell Municipal
Code.
SECTION 3. This Ordinance shall take effect thirty (30) days after its final
passage.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS 17TH DAY OF JULY, 2023.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor
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EXHIBIT A
WASTEWATER PRETREATMENT AND COMMERCIAL SEWER USE
REGULATIONS
Articles:
1. General Provisions
2. General Sewer Use Requirements
3. Pretreatment of Wastewater
4. Individual and General Wastewater Discharge Permits
5. Individual and General Wastewater Discharge Permit Issuance
6. Reporting Requirements
7. Compliance Auditing
8. Compliance and Enforcement
9. Administrative Enforcement Actions
10. Judicial Enforcement Remedies
11. Supplemental Enforcement Action
12. Affirmative Defenses to Discharge Violations
13. Miscellaneous Provisions
14. Effective Date
Exhibits:
A.1. Fats, Oil & Grease (FOG) Policy Requirements,
A 2. Sand, Oil & Grease (SOG) Policy Requirements,
A 3. Dental Amalgam Policy Requirements and associated Best Management Practices (BMPs)
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Article 1 - GENERAL PROVISIONS
Sections:
1.1 Purpose and Policy
1.2 Definitions and Abbreviations
1.3 Applicability
1.4 Responsibility of the City
1.5 Public Notice
1.6 Confidential Information
1.7 Administration
1.1 Purpose and Policy
This Ordinance sets forth uniform requirements for non -domestic Users of the POTW for
the City of Kalispell (City) 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 POTW that will interfere with its
operation;
B. To prevent the introduction of pollutants into the POTW that will pass through the
POTW, inadequately treated, into receiving waters and sewage sludge, or otherwise be
incompatible with the POTW;
C. To protect the health, safety, and welfare of the residents of the City and POTW
personnel who may be affected by wastewater and sludge in the course of their
employment;
D. To enable the City to comply with its Montana Pollutant Discharge Elimination System
(MPDES) permit conditions, sludge use and disposal requirements, and any other
Federal or State laws to which the POTW is subject;
E. To enrich the health and economic welfare of the community by providing the best and
most efficient POTW through the equitable distribution of program costs, reclamation of
wastewater and sludge, and protection of the wastewater system and advanced
wastewater treatment plant from physical damage.
This Ordinance shall apply to all Users (as defined in UU. below) of the POTW. The
Ordinance authorizes the issuance of wastewater discharge permits; provides for
monitoring, compliance, and enforcement activities; establishes administrative review
procedures; and requires User reporting.
1.2 Definitions and Abbreviations
Terms not otherwise defined herein shall have the meanings set forth in the standard
specifications of the City or the current edition of the adopted Uniform Plumbing Code.
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Unless a provision explicitly states otherwise, the following terms and phrases, as used in
these Wastewater Pretreatment And Commercial Sewer Use Regulations 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. (40 CFR 403.3 (b)).
B. Approval Authority. The Regional Administrator of the Environmental Protection
Agency in Region 8 or the Director of the Montana Department of Environmental Quality
(MTDEQ) at such time as when EPA authorizes the State Pretreatment Program (40
CFR 403.3 (c)).
C. Authorized or Duly Authorized Representative of the User (40 CFR 403.12 (1)).
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
wastewater discharge 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 managing partner or
proprietor, respectively.
3. If the User is a Federal, State, local governmental facility, or outside district, a
manager 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 to the City.
5. If 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
authorization satisfying the requirements of this Section must be submitted to the
Control Authority (as defined in Section I. below) prior to or together with any
reports to be signed by an Authorized Representative.
D. Best Management Practices (BMPs). Schedules of activities, prohibitions of practices,
maintenance procedures, and other management practices to implement the prohibitions
listed in Section 2.1(A) and (B) and [40 CFR 403.5(a)(1) and (b)]. BM Ps include
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treatment requirements, operating procedures, and practices to control plant site runoff,
spillage or leaks, sludge or waste disposal, or drainage from raw materials storage (40
CFR 403.3(e)). BMP's also include alternative means (i.e., management plans) of
complying with, or in place of certain established Categorical Pretreatment Standards
and effluent limitations. BMPs shall be established as enforceable Pretreatment
Standards for the purposes of these Wastewater Pretreatment And Commercial Sewer
Use Regulations and Section 307(d) of the Act and as specified at 40 CFR 403.5(c)(4).
Fats, Oil & Grease (FOG) and Sand, Oil & Grease (SOG) BMP's were adopted by City
Council on July 5, 2022, in Resolution 6082. BMP's are provided in Exhibit C of this
Ordinance.
E. Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedures for five (5)
days at 20 degrees centigrade, expressed as a concentration (e.g., mg/I).
F. 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.
G. Categorical Industrial User (CIU). A User subject to a Categorical Pretreatment
Standard or Categorical Standard (40 CFR Chapter 1, Subchapter N)
H. Composite Sample. The composite sample shall be flow proportioned and in
accordance with the sampling procedures in 40 CFR 403 Appendix E. At a minimum,
the sample shall contain at least four (4) samples collected over the compositing period.
Unless otherwise specified, the time between the collection of the first sample and the
last sample shall not be less than six (6) hours nor more than 24 hours.
Control Authority (City). The City of Kalispell, the Director (as defined in Section K.
below), or a designee.
Daily Discharge. The arithmetic average measurement of the pollutant concentration
derived from all measurements taken that day.
K. Director. The City of Kalispell City Manager or the Public Works Director who
administers and supervises the affairs, operations and maintenance of the facilities of
the City, and is charged with certain duties and responsibilities by this Ordinance.
L. Direct Discharge. The discharge of treated or untreated wastewater directly to the
waters of the State of Montana.
M. Domestic or Residential (Sanitary) Wastes. Liquid wastes either a) from the
noncommercial preparation, cooking and handling of food, or b) containing human
excrement and similar matter from the sanitary conveniences of dwellings, commercial
buildings, industrial facilities, and institutions.
N. Emergency Authority. The authority that the POTW possesses to take any action
necessary to stop or prevent a discharge which reasonably appears to present an
imminent endangerment to the health or welfare of persons. This authority is also
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available when needed to halt or prevent any discharge to the POTW which presents or
may present an endangerment to the environment, or which threatens to interfere with
the operation of the POTW.
O. Environmental Protection Agency (EPA). The U.S. Environmental Protection Agency
or, where appropriate, the Regional Water Management Division Manager, the Regional
Administrator, or other duly authorized official of said agency.
P. Existing Source. Any source of discharge that is not a New Source (as defined in
Section CC. below).
Q. FOG (Fats, Oil and Grease). Non -petroleum organic polar compounds derived from
animal or plant sources such as fats, non -hydrocarbons, fatty acids, soaps, waxes, and
oils that contain multiple carbon chain triglyceride molecules. These substances are
detectable and measurable using analytical procedures established in 40 CFR 136.
R. FOG Facilities. Any non -domestic dischargers located within the City's service area
where preparation, manufacturing, or processing of food occurs including, but not limited
to, restaurants, cafes, fast food outlets, pizza outlets, ice cream and yogurt shops,
delicatessens, sandwich shops, coffee shops, schools, nursing homes, and other
facilities that prepare, service, or otherwise make food products available for
consumption.
S. Grab Sample. A sample that is taken from a waste stream without regard to the flow in
the waste stream and over a period of time not to exceed fifteen (15) minutes.
T. Indirect Discharge. The introduction of pollutants into the POTW from any non -
domestic source regulated under Section 307(b), (c) or (d) of the Act.
U. Industrial. Of, or pertaining to, industry, manufacturing, commerce, trade or business,
as distinguished from Domestic or Residential.
V. Industrial User. A source of Indirect Discharge.
W. Industrial Wastes. The liquid or solid wastes from the industrial manufacturing
processes, trade, or business as distinct from sanitary wastewater.
X. 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.
Y. 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
2. Therefore, is a cause of a violation of the City's MPDES permit (including an
increase in the magnitude or duration of a violation) or of the prevention of
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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.
Z. Local Limit. Specific discharge limits developed and enforced by the City upon
Significant Industrial Users to implement the general and specific discharge prohibitions
listed in 40 CFR 403.5(a)(1) and (b).
AA. 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.
BB. National Pretreatment Standard, Pretreatment Standard or Standard. Any
regulation containing pollutant discharge limits promulgated by the EPA in accordance
with section 307 (b) and (c) of the Act, which applies to Users. This term includes
prohibitive discharge limits established pursuant to 40 CFR 403.5. This term also means
prohibited discharge Standards, Categorical Pretreatment Standards, Best Management
Practices and Local Limits.
CC. New Source.
1. Any building, structure, facility, or installation from which there is (or may be) a
discharge of pollutants, the construction of which commenced after the
publication of proposed Pretreatment Standards under section 307(c) of the Act
that will be applicable to such source if such Standards are thereafter
promulgated in accordance with that section, provided that:
a. The building, structure, facility, or installation is constructed at a site at
which no other source is located;
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.
2. 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 Section (1)(b) or
(c) above, but otherwise alters, replaces, or adds to existing process or
production equipment.
3. 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
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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 is 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.
DD. Non -Significant Industrial User. Any User which does not meet the definition of a
Significant Industrial User (as defined in Section (PP) below), but is otherwise required
by the City through permit, order, or notice to comply with specific provisions of this
Ordinance and is so notified by the City.
EE. Pass Through. A discharge which exits the POTW into waters of the United States in
quantities or concentrations which, alone or in conjunction with a discharge or
discharges from other sources, is a cause of a violation of any requirement of the City's
MPDES permit, including an increase in the magnitude or duration of a violation.
FF. 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.
GG. pH The base 10 logarithm of the reciprocal of the hydrogen ion concentration in moles
per liter of solution.
HH. 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 (e.g., pH, temperature, turbidity, color, Biochemical Oxygen Demand (BOD),
Chemical Oxygen Demand (COD), toxicity, or odor).
II. 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. Appropriate pretreatment technology includes control
equipment, such as equalization tanks or facilities, for protection against surges or slug
loadings that might interfere with or otherwise be incompatible with the POTW.
However, where wastewater from a regulated process is mixed in an equalization facility
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with unregulated wastewater or with wastewater from another regulated process, the
effluent from the equalization facility shall meet an adjusted pretreatment limit calculated
in accordance with 40 CFR Part 403.6 (e).
JJ. Pretreatment Requirements. Any substantive or procedural requirement related to
pretreatment imposed on a User, other than a Pretreatment Standard.
KK. Prohibited Discharge Standards or Prohibited Discharges. Absolute prohibitions
against the discharge of certain substances. These prohibitions appear in Section 2.1 of
this Ordinance.
LL. Publicly Owned Treatment Works (POTW). A treatment works, as defined by section
212 of the Act (33 U.S.C. §1292), which has jurisdiction over the Indirect Discharges to,
and the discharges from, such a treatment works and is owned by the City as defined by
section 502 (4) of the Act. This definition includes any devices or systems used in the
collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes
of a liquid nature and any conveyances, which convey wastewater to a treatment plant.
For the purpose of this Ordinance, POTW shall also include any sewers that convey
wastewaters to the POTW from Indirect Discharges outside the City who are, by contract
or agreement with the City, Users of the City's POTW. The term also means the
municipality as defined in §502(4) of the Act, which has jurisdiction over the Indirect
Discharges to, and the discharges from, such a treatment works.
MM.Receiving Water. Lakes, rivers, streams or other watercourses which receive treated or
untreated wastewater. The designation of Kalispell's receiving water is per the City of
Kalispell's Montana Pollutant Discharge Elimination System (MPDES) permit.
NN. Receiving Water Quality Requirements. Requirements for the wastewater treatment
plant effluent established by applicable state or federal regulatory agencies for the
protection of receiving water quality. Such requirements shall include effluent limitations
and discharge standards, requirements, limitations, or prohibitions, which may be
established or adopted from time to time by state or federal laws or regulatory agencies.
00. Sand, Oil and Grease (SOG). Any hydrocarbon or petroleum product including oils and
greases, and/or sand, grit, gravel or any other aggregate.
PP. Significant Industrial User (SIU).
Except as provided in paragraphs (3) and (4) of this Section, an SIU is:
1. A User subject to Categorical Pretreatment Standards; or
2. A User that:
a. Discharges an average of twenty-five thousand (25,000) gallons per day (gpd)
or more of process wastewater to the POTW (excluding sanitary, noncontact
cooling and boiler blowdown wastewater);
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
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treatment plant; or
c. Is designated as such by the Director on the basis that it has a reasonable
potential for adversely affecting the POTW's operation or for violating any
Wastewater Pretreatment Requirement or Pretreatment Standard. An
example is a User that is capable of negatively affecting the microbiology at
the Wastewater Treatment Plant.
3. The Director or designee may determine that a User subject to Categorical
Pretreatment Standards is a Non -Significant Categorical Industrial User rather than
a SIU on a finding that the User never discharges more than 100 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 User, prior to City's finding, has consistently complied with all Categorical
Pretreatment Standards and Requirements;
b. The User annually submits the certification statement required in Section
6.6(B) (see 40 CFR 403.12(q)), together with any additional information
necessary to support the certification statement; and
c. The User never discharges any untreated concentrated wastewater.
4. Upon a finding that a User meeting the criteria in Subsection (2) of this part has no
reasonable potential for adversely affecting the POTW's operation or for violating
any Pretreatment Standard or Requirement, the City may at any time, on its own
initiative or in response to a petition received from a User, and in accordance with
procedures in 40 CFR 403.8(f)(6), determine that such User should not be
considered a SIU.
QQ. Slug Load, Slug Discharge or Spill Discharge. Any discharge at a flow rate or
concentration which could cause a violation of the prohibited discharge standards in
Section 2.1 of this Ordinance. A Slug Discharge is 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,
including discharges which exceed the hydraulic and/or design of a User's treatment
system, or in any other way violate the Wastewater Pretreatment and Sewer Use
Regulations, Local Limits or permit conditions.
RR. SOG Facilities. Any non -domestic dischargers located within the City's service area, or
outside jurisdiction but for which the City has responsibility, where work or service is
performed including automotive service, machine shops, automotive care centers, auto
body shops, car washes, or any other facility that generates sand, petroleum oil, grease
or other petroleum product, grit, gravel or other aggregate that may discharge into a
wastewater collection system.
SS. Storm Water. Any flow occurring during or following any form of natural precipitation,
and resulting from such precipitation, including snowmelt.
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TT. Surcharge. Specific individual rates calculated from the volume, and pollutant strength
in accordance with City Codes and Regulations.
UU. User. Any source that contributes, causes or permits the contribution of industrial or
commercial wastewater into the POTW. A source of indirect discharge. This term
includes, but is not limited to, Industrial Users, Significant Industrial Users, Categorical
Industrial Users, and Non -Categorical Industrial User.
W. Wastewater (Sewage). 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 Pretreatment And Sewer Use Regulations. Title 40 of the Code of
Federal Regulations Part 403 "General Pretreatment Regulations" and the comparable
pretreatment regulations listed in this Ordinance.
XX. Wastewater Treatment Plant, Advanced Wastewater Treatment Plant or Treatment
Plant (AWWTP). That portion of the POTW which is designed to provide treatment of
municipal sewage and industrial waste.
YY. Wastewater Treatment System, Wastewater Utility, or Wastewater System.
1. Any devices, facilities, structures, equipment or works owned or used by the City
for the purpose of the transmission, storage, treatment, recycling and reclamation
of industrial, commercial and domestic wastes from within or without the City, or
necessary to recycle or reuse water at the most economical cost over the
estimated life of the system, including intercepting sewers, outfall sewers,
collection lines, pumping, power and other equipment and their appurtenances,
but excluding service lines;
2. Extensions, improvements, additions, alterations or any remodeling thereof;
3. Elements essential to provide a reliable recycled supply such as standby
treatment units and clear well facilities; and
4. Any works, including the land and sites that may be acquired, that will be an
integral part of the treatment process.
Abbreviations
The following abbreviations, when used in this Ordinance, shall have the designated
meanings:
BMR
Baseline Monitoring Report
BMP
Best Management Practice
BOD
Biochemical Oxygen Demand
COD
Chemical Oxygen Demand
CFR
Code of Federal Regulations
CIU
Categorical Industrial User
EPA
U.S. Environmental Protection Agency
FOG
Fats, Oil and Grease
gpd
gallons per day
IPC
Industrial Pretreatment Coordinator
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IPP
Kalispell Industrial Pretreatment Program
IU
Industrial User
mg/I
milligrams per liter
MPDES
Montana Pollutant Discharge Elimination System
NPDES
National Pollutant Discharge Elimination System
SOG
Sand, Oil, and Grease
POTW
Publicly Owned Treatment Works
RCRA
Resource Conservation and Recovery Act
SIU
Significant Industrial User
U.S.C.
United States Code
1.3 Applicability
The provisions herein provide for the regulation of Indirect Discharge to the POTW through
the issuance of permits, enforcement of applicable Pretreatment Requirements, User
reporting, the setting of fees for the equitable distribution of costs, and for other activities
as defined in this Ordinance and the Kalispell Wastewater Pretreatment And Nondomestic
Sewer Use Regulations (hereinafter "City Regulations"). The provisions herein shall apply
to Users of the POTW and to persons outside the POTW who are, by contract or
agreement with the POTW, Users of the POTW.
It shall be unlawful for any User to discharge any domestic or non -domestic wastewater into
any natural waterway, any surface drainage, or in any area under the jurisdiction of the City.
No industrial wastewater shall be discharged to the POTW unless done so in compliance with
City Regulations.
1.4 Responsibility of the City
A. The City shall be responsible for the day-to-day administration of the Industrial
Pretreatment Program (I PP) and to ensure proper compliance with all City Regulations.
B. The City shall attempt to notify in writing any User whom the Director has cause to believe
is subject to a National Categorical Pretreatment Standard or Requirements, or other
applicable requirements promulgated by the EPA under the provisions of section 204(b) or
405 of the Act within 30 days of determination, or under the provisions of sections 3001,
3004, or 4004 of the Solid Waste Disposal Act. Failure of the City to notify Users shall not
relieve said Users from the responsibility of complying with applicable pretreatment
requirements. It is the responsibility of Significant Industrial Users (SIU) to apply for and
receive a permit prior to discharge, regardless of whether the User has been identified and/
or formally notified to do so.
C. If wastewaters containing any pollutant, including excess flow, or as otherwise defined in
these City Regulations, are discharged or proposed to be discharged to the POTW, the
City may take any action necessary to:
1. Prohibit the discharge of such wastewater;
2. Require a User to demonstrate that in -plant modifications will reduce or eliminate
the discharge of such substances in conformity with these City Regulations;
3. Require treatment, including storage facilities or flow equalization necessary to
reduce or eliminate the potential for a discharge to violate these City Regulations;
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4. Require the User making, causing, or allowing the discharge to pay any additional
cost or expense incurred by the City for handling, treating, disposing, or remediating
wastes discharged to the wastewater treatment system;
5. Require the User to apply for, and obtain, a permit;
6. Require timely and factual reports from the User responsible for such discharge; or
7. Take such other action as may be necessary to meet the objectives of these City
Regulations (e.g. Best Management Practices).
D. In addition to the overall authority to prevent or eliminate discharges through enforcement
of Pretreatment Standards and Requirements, the City shall have the following authority:
1. Refusal to serve any User. Refusals may be appealed in accordance with the
process described in the City's Rules and Regulations Governing Sewer Service.
2. Enforcement through issuance of fines and penalties for violations of these City
Regulations, including the failure of a User to apply for a permit.
3. Endangerment to Health or Welfare of Persons: After an informal notice to the
discharger, including an opportunity to respond, the City may immediately and
effectively halt or prevent any discharge of pollutants into any natural waterway,
surface drainage within the City, any area under jurisdiction of the City, the POTW
of the City, or any wastewater system tributary thereto, by any means available to
the City, including physical disconnection from the wastewater system, whenever, in
the opinion of the Director, it reasonably appears that such discharge presents an
imminent endangerment to the health or welfare of persons. In addition, pursuant
to 40 CFR § 403.8(f)(1)(vi)(A), the City shall seek injunctive relief for noncompliance
of this section by Users with Pretreatment Standards and Requirements. The City
shall also have the authority to seek or assess civil or criminal penalties in at least
the amount of $3,000 per day for each violation by Users of Pretreatment
Standards and Requirements. The City shall provide any User in violation of this
section with proper notice as stated in 40 CFR § 403.8(f)(1)(vi)(B).
4. Endangerment to Environment or POTW: The City, after written notice to the
affected Users and an opportunity to respond, may halt or prevent any discharge of
pollutants into any natural waterway, surface drainage within the City, any area
under jurisdiction of the City, the POTW, wastewater system tributary thereto, by
any means available to them, including physical disconnection from the wastewater
system, whenever such discharge presents or may present an endangerment to the
environment or threatens to interfere with the operation of the POTW.
1.5 Public Notice
A. The City shall issue a public notice of request for comments of POTW pretreatment
program submissions. The public notice shall be published so that interested persons of
any submissions may be informed in the manner of publication in a newspaper(s) of
general circulation within the jurisdiction(s) served by the POTW.
B. The public notice shall provide a period of not less than 30 days following the date of the
initial notice to allow interested persons time to respond in writing to the submission. The
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notice will indicate a location where the draft permit may be reviewed and an address
where written comments may be submitted.
C. All written comments submitted during the 30-day review period shall be retained by the
City and incorporated as appropriate in the decision regarding whether to approve the
submission. The comment period may be extended at the discretion of the Director.
1.6 Confidential Information
Information and data on a User obtained from reports, surveys, wastewater discharge permit
applications, individual and general wastewater discharge permits, and monitoring programs,
and from the IPC's 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 IPC 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 requests must be asserted at the time of submission of the information
or data. 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 immediately upon request to governmental agencies for uses related to
the NPDES program or pretreatment program, and in enforcement proceedings involving the
person furnishing the report. Wastewater constituents and characteristics and other effluent
data, as defined at 40 CFR 2.302 shall not be recognized as confidential information and
shall be available to the public without restriction.
1.7 Administration
Except as otherwise provided herein, the Director or an assigned designee shall administer,
implement, and enforce the provisions of these City Regulations.
Article 2 - GENERAL SEWER USE REQUIREMENTS
Sections:
2.1 Prohibited Discharge Standards
2.2 Wastewater Discharge Limitations
2.3 Surcharges for High Strength Concentrations
2.4 City's Right of Revision
2.5 Dilution
2.1 Prohibited Discharge Standards
A. General Prohibitions.
1. 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 regardless of whether they are
subject to Categorical Pretreatment Standards or any other National, State, or
Local pretreatment standards or requirements.
2. No User shall discharge any waters containing toxic or poisonous solids, liquids
or gases in sufficient quantity, either singly or by interaction with other wastes, to
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contaminate the sludge of the City's sewerage system, or to injure or interfere
with any sewage treatment processes that constitute a hazard to humans or
animals, creates a public nuisance, or creates any hazard in, or has an adverse
effect on, the waters receiving any discharge from the treatment works.
3. No User shall discharge any sewage or other polluted waters from any premises
within the City into or upon any public highway, land, public place, stream, water
course, or into any cesspool, storm drain, or storm drain system (which includes
catch basins, curbs, gutters, ditches, manmade channels, municipal streets),
private sewer, or natural water outlet, except where suitable treatment has been
provided in accordance with applicable Federal, State, and Local laws.
B. Specific Prohibitions.
No User shall introduce or cause to be introduced into the POTW the following
pollutants, substances, or wastewater. This is applied to every POTW service
connection point, individually.
1. Any "hazardous waste" as defined in 40 CFR Part 261, unless specifically
authorized by the Director;
2. 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;
3. Wastewater having a pH less than 5.0 or more than 12.0, or having any other
corrosive property capable of causing damage or hazard to structures,
equipment and/or personnel of the POTW;
4. 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 (1/2") (1.27 cm) in any dimension. Food waste processors / grinders are
prohibited;
5. Pollutants, including oxygen -consuming pollutants (e.g. BOD), 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, or create a
significant load on, the POTW;
6. Wastewater having a temperature that will cause the temperature of the
wastewater treatment plant influent to exceed 40 degrees centigrade (104
degrees F) or will interfere with the biological activity of the wastewater treatment
process;
7. Petroleum oil, non biodegradable cutting oil, or products of mineral oil origin, in
amounts that will cause Interference or Pass Through due to disregard of the
City's SOG - Best Management Practices and the City's SOG - Sector Control
Policy requirements;
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. Noxious or malodorous liquids, gases, solids, or other wastewater which, either
singly or by interaction with other wastes, that may create a public nuisance or a
hazard to life, or to prevent entry into the sewers for maintenance or repair;
10. Any substance which may cause the POTW's effluent or any other product of the
POTW, such as residues, sludges, or scums, to be unsuitable for reclamation
and reuse or to interfere with the reclamation process where the POTW is
pursuing a reuse and reclamation program. In no case shall a substance
discharged to the POTW cause the POTW to be in noncompliance with the
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sludge use or disposal criteria, guidelines, or regulations affecting sludge use or
disposal;
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 MPDES 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, condensate, deionized water, and unpolluted wastewater,
unless specifically authorized by the Director;
14. Sludges, screenings, inert suspended solids or other residues from the
pretreatment of industrial wastes including but not limited to Fullers earth, lime
slurries and lime residues or dissolved solids including but not limited to sodium
chloride and sodium sulfate;
15. Wastewater causing, alone or in conjunction with other sources, the treatment
plant's effluent to fail a toxicity test;
16. Detergents, surface-active agents, or other substances which might cause
excessive foaming in the POTW;
17. Fats, oils, or greases of animal or vegetable origin in concentrations causing a
blockage or interference due to disregard of the City's FOG - Best Management
Practices and the City's FOG - Sector Control Policy requirements;
18. 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; and/or
19. Trucked or hauled wastes or wastewater;
20. The discharge of pharmaceuticals, either listed or exhibiting hazardous waste
characteristics, as defined in Subparts C, D and Appendices in 40 CFR 261
generated from healthcare facilities or reverse distributors. Pollutants,
substances, or wastewater prohibited by this Section shall not be processed or
stored in such a manner that could be discharged to the POTW or to a storm
drain or storm drain system.
2.2 Wastewater Discharge Limitations
It shall be unlawful for any SIU to discharge, deposit, cause, or allow to be discharged any
waste or wastewater which fails to comply with the limitations imposed by this Section.
A. The Director is authorized to establish Local Limits pursuant to 40 CFR 403.5(c). Local
Limits are established in these City Regulations.
B. All Users subject to a Categorical Pretreatment Standard shall comply with all requirements
of such standard and shall also comply with any limitations contained in these City
Regulations.
C. The Director may develop BMPs for any SIU or other User, as needed, to implement
these City Regulations. BMPs may be implemented through a regulation, permit, policy,
order or other notice to the User. BM Ps are Pretreatment Standards and enforceable
under these City Regulations.
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D. The following pollutant limits are established to protect against Pass Through and
Interference. Local limits will be calculated, updated as required and adopted by City
Council per the Title 40 CFR Part 403. No SIU shall discharge wastewater that exceeds
the following limits at any time for any length of time:
Pollutant
Limit
m /L
Arsenic
0.804
Cadmium
0.320
Chromium
2.566
Copper
4.679
Cyanide
0.186
Lead
0.751
Mercury
0.015
Molybdenum
2.758
Nickel
4.126
Selenium
0.387
Silver
0.479
Zinc
1.254
All concentrations for metallic substances are for total metal unless indicated otherwise.
E. Additionally, no SIU or any other User shall discharge wastewater that exceeds the
City's Normal Domestic Base Strength limits, as defined in section 2.3(C) below, without
being permitted under Article 4 and assessed a surcharge according to the guidelines
established in Section 2.3.
F. Pollutant loadings from commercial dischargers. The Director may limit the discharge of
pollutants from commercial dischargers as necessary to meet the discharge limits
applicable to the POTW pursuant to the ACT, and a MPDES permit or other legal limit or
requirement.
G. The limits in Section 2.2, above, apply to the point where the wastewater is discharged into
the POTW. These limits apply to each discharge point separately. The Director may
impose mass limitations in addition to concentration -based limitations. In cases where a
User has multiple connections to the POTW, the City will determine analyte limit application
per individual connection or as a total for all connection points and apply limits accordingly
for each User. Allocation of pollutant loading will follow recommendations in the 2004 EPA
local limits guidance manual.
H. All Users subject to a Categorical Pretreatment Standard shall comply with all requirements
of such standards and shall also comply with any limitations contained in these City
Regulations. Where the same pollutant is limited by more than one Pretreatment Standard,
the limitations which are more stringent shall prevail. Compliance with Categorical
Pretreatment Standards shall be within the timeframe specified in the applicable
Categorical Pretreatment Standard.
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2.3 Surcharges for High Strength Concentration
Any non -domestic customer of the POTW having higher levels of pollutants in their
sewage waste than those contained in normal domestic base strength sewage waste, as
defined in section 2.3(C) below, will be surcharged to cover the added cost of handling
and treatment of these wastes. The surcharge is calculated based upon the net excess
loading. The use of surcharges does not permit the User to otherwise exceed any Local
Limits specified in 2.2(D), or Federal and State Pretreatment Standards or City
Regulations.
A. The City shall require payment covering additional cost of handling and treatment of the
excess wastes as determined by the following formula:
SC (analyte) = 8.34*Q*AS*$/Ib.+ analysis costs (analyte)
SC = Surcharge cost per analyte ($)
8.34 = Conversion factor; weight in pounds of 1 gallon of water (lb.)
Q = Volume of sewage discharge to the POTW in million gallons (MG)
AS = Additional strength above the normal domestic base strength in parts per
million (ppm)
$/Ib. = Unit charge for each parameter in dollars per pound, as described in City
Resolution 5968, Exhibit A
B. The application of the above formula provides for a surcharge for Biological Oxygen
Demand (BOD), Total Suspended Solids (TSS), Total Nitrogen (TN), and Total
Phosphorus (TP). The total surcharge cost will be the summation of each of the analytes
surcharge costs for a predetermined billing period.
C. If the concentration of these pollutants is less than that of Normal Domestic Base
Strength Waste, the User shall not receive a surcharge nor receive a credit. Normal
Domestic Base Strength Waste is defined by the City as wastewater containing
concentrations no greater than the following values: BOD - 250 mg/L, TSS — 250 mg/L,
TN — 40 mg/L, and TP — 7.0 mg/L.
D. Specific individual high strength charges and calculations for the cost per pound per
analyte are defined and applied in accordance with the City's Rules and Regulations
Governing Sewer Service.
E. Monthly monitoring reports, used for calculating surcharges, will be sent to the City's
Industrial Pretreatment Coordinator (IPC) no later than the 10t" of each month and will
contain any required information from the previous month.
F. Flow (Q) used in the surcharge calculation shall be the total monthly flow for the month
the sample was taken. If an effluent flow meter is not used or is not operational, the
monthly water usage taken during the City's water meter reading will be used to
determine flow.
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G. Surcharges may be waived, at the Director's discretion, in situations where the
analyte(s) concentration may be beneficial to the POTW and/or does not add any
additional burden to the POTW.
H. Analytical costs for each pollutant shall be added to the total shown above.
Outside Jurisdictions, dischargers located outside of the Control Authority's jurisdiction,
that convey wastewater to the POTW shall pay surcharges as outlined in the Rules and
Regulations Governing Sewer Service. Surcharges for Outside Jurisdictions and their
Users shall be calculated and invoiced in the following manner:
1. The Outside Jurisdiction may receive monthly surcharges from the City in their
Monthly Flow Billing for any analyte listed above. Monthly Flow Billing surcharges
are calculated from sampling performed weekly at the Wastewater Treatment
Plant (WWTP) on the Outside Jurisdiction's influent as it enters the WWTP, prior
to mixing with any other flows;
2. All Users of an Outside Jurisdiction with wastewater streams subject to
surcharges shall pay such surcharges, to the City, on a monthly basis;
3. Each month, the City shall provide the Outside Jurisdiction with a report listing all
User(s) with waste streams requiring surcharge(s). The report shall include
details of all analyte(s) and associated costs to which the surcharge(s) apply for
each User;
4. In months where the Outside Jurisdiction is assessed a surcharge for a particular
analyte in its monthly flow billing and surcharge(s) are assessed for the same
analyte to any User(s), the total amount invoiced to the User(s) for that analyte
shall be deducted from the Outside Jurisdictions monthly pretreatment invoice.
This method of billing is used to ensure the Outside Jurisdiction is not being
invoiced twice for any high strength wastewater.
2.4 City's Right of Revision
The City reserves the right to establish, by ordinance, regulations, or in wastewater
discharge permits, more stringent Standards or Requirements on discharges to the POTW
consistent with the purpose of this Ordinance.
2.5 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 Director or designee 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.
Any facility with multiple discharge pipes that connect to the City's sewer main in multiple
locations shall not use the sum of the volumes of flows as a means to reduce the
concentration of pollutants. Calculations used to determine mass loading will utilize the
flow volume only from the individual point of connection (pipe, service line, etc.) from
which the sample was taken.
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Article 3 - PRETREATMENT OF WASTEWATER
Sections:
3.1 Pretreatment Facilities
3.2 Additional Pretreatment Measures
3.3 Accidental Discharges; Notice to Employees; Control of Slug Discharges
3.4 Sector Control Policies
3.1 Pretreatment Facilities
Users shall provide wastewater pretreatment as necessary to comply with these City
Regulations and shall achieve compliance with all Categorical Pretreatment Standards, Local
Limits, Best Management Practices and the prohibitions set out in Sections 2.1 and 2.2 of these
City Regulations within the time limitations specified by EPA, the State, or the Director,
whichever is more stringent. Any facilities necessary for compliance shall be provided,
operated, and maintained at the User's expense. Detailed plans describing such facilities and
operating procedures shall be submitted to the Director for review and shall be acceptable to the
Director 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 these City
Regulations. Any subsequent alterations or additions to such pretreatment or flow -control facilities
shall not be made without due notice to and prior approval of the City. If inspection of
pretreatment systems and devices by authorized personnel of the City reveals such systems are
not installed or operating in conformance with the plans and procedures submitted to the City or
are not operating in compliance with the effluent limitations required by the City, the User shall
make those modifications necessary to meet City requirements.
3.2 Additional Pretreatment Measures
A. Whenever deemed necessary, the Director or their designee 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 these City Regulations.
B. The Director or their designee may require any person 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. A wastewater discharge permit may
be issued solely for flow equalization.
C. Users with the potential to discharge flammable substances may be required to install
and maintain an approved combustible gas detection meter.
D. The City may require a User to install at the User's expense, suitable monitoring facilities or
equipment that allows for the representative sampling and accurate observation of
wastewater discharges. Such equipment shall be maintained in proper working order and
kept safe and accessible at all times to City personnel.
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E. When more than one User is discharging into a common service line, the City may require
installation of separate monitoring equipment for each User. When there is a significant
difference in wastewater constituents and characteristics produced by different operations
of a single User, the City may require that separate service lines, connections and
monitoring facilities be installed for each separate discharge.
F. Whether constructed on public or private property, the monitoring facilities shall be
constructed in accordance with the City's requirements and all applicable construction
standards and specifications.
G. To fulfill the purposes of these City Regulations, the City may order Users of the City's
POTW to maintain records and/or install and maintain similar facilities or equipment as
described above.
H. Users who discharge process wastewaters determined by the City to contain pollutants
necessitating continuous pH measurement to demonstrate compliance shall, subsequent to
notification by the City, install a continuous recording pH meter as approved by the City.
Such meters shall be installed, operated, and maintained at the User's own cost and
expense. Such records generated by these meters shall be retained for three (3) years and
shall be made available to the City upon request.
If the City determines that a User needs to measure and report wastewater flow, the User
shall install an approved flow meter. Such meter shall be installed, operated and
maintained at the User's own cost and expense. Such records generated by this meter
shall be retained for three (3) years and shall be made available to the City upon request.
All instrumentation owned and / or operated by any User shall be calibrated and
maintained according to manufacturer specifications.
K. Sand, Oil and Grease (SOG) interceptors or other approved pretreatment devices shall
be installed when, in the opinion of the Director or their designee, they are necessary for
the proper handling of wastewater containing excessive amounts of grease, oil, or sand;
except that such interceptors shall not be required for residential users. All SOG
Facilities shall install a SOG interceptor. Such pretreatment devices shall not be shared
or used by more than one User.
Grease interceptors shall be installed in all nonresidential facilities involved with the
preparation, manufacturing, processing or serving of food, as described in Section
3.4(E)(1)(a) below.
M. All required interceptors, sample ports, RV dump stations, associated plumbing, material
requirements and operational requirements shall meet the City of Kalispell's
Pretreatment Standards or Requirements.
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3. 3 Accidental Discharges; Notice to Employees; Control of Slug Discharges
A. Each User with the potential to contribute prohibited substances shall provide protection
from accidental discharge of prohibited materials or other substances regulated by this
Section. To prevent accidental discharge of prohibited materials, facilities shall be
provided and maintained at the User's own cost and expense. Detailed plans showing
facilities and operating procedures to provide this protection shall be submitted to the
IPC for review and shall be approved before construction of the facility. No User shall
introduce industrial wastes into the system until accidental discharge procedures have
been approved by the City. Review and approval of such plans and operating
procedures shall not relieve the User from the responsibility to modify the User's facility
as necessary to meet the requirements of this Section.
B. In the case of an accidental discharge, it is the responsibility of the User to immediately
telephone and notify the IPC of the incident. The notification shall include location of
discharge, type of waste, concentration and volume, and planned corrective actions or
corrective actions already taken.
C. Within five days following an accidental Slug Discharge, the User shall submit to the IPC
a detailed written report describing the cause of the Slug 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 may be incurred
as a result of damage to the POTW, or any other damage to person or property or the
environment; nor shall such notification relieve the User of any civil or criminal penalties
or other liability which may be imposed by this division or other applicable law.
D. Each User shall permanently post on the User's bulletin board or other prominent place
advising employees whom to call in the event of a slug discharge. Each User shall
advise all employees who may cause or suffer such a slug discharge to occur of the
emergency notification procedure.
E. The City shall evaluate whether each SIU, within 1 (one) year of being designated as a
SIU, needs a plan to control slug discharges. If the City decides that a slug control plan is
needed, the plan shall contain, at a minimum, the following elements:
1. A description of discharge practices, including non -routine batch discharges;
2. A description of stored chemicals;
3. Procedures for immediately notifying the IPC of Slug Discharges, including any
prohibited discharge with procedures for follow-up written notification within five
days; and
4. If necessary, procedures to prevent adverse impact from accidental spills,
including inspection and maintenance of storage areas, handling and transfer of
materials, loading and unloading operations, control of plant site runoff, worker
training and the building of containment structures or equipment, measures for
containing toxic organic pollutants (including solvents), and/or measures and
equipment for emergency response, are required.
F. SIUs are required to notify the POTW immediately of any changes at their facility
affecting the potential for a Slug Discharge. If the POTW decides that a slug control plan
is needed, the plan shall contain, at a minimum, the elements described in Section
3.3(D)(1) through (4), above.
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3.4 Sector Control Policies
A. General Requirements:
1. The City may establish specific sector control programs, for commercial and or
Non -Significant Industrial Users to control specific pollutants as necessary to meet
the objectives of this section. Pollutants subject to these sector control programs
shall be controlled using Pretreatment Requirements, Best Management
Practices, and or by permits as determined by the City who shall establish policies
for each sector control program.
2. The City shall establish a User identification and characterization program through
which Users shall be identified for inclusion into applicable sector control
programs. Once identified and included into one or more sector control programs,
the User shall be required to comply with each applicable program policy.
3. The City shall review new construction and existing facilities undergoing any
physical change (remodeling), change in ownership, change in operations, or
other change that could change the nature, properties, or volume of wastewater
discharge, to ensure that current sector control program policies are incorporated
and implemented.
B. Closure:
The City may require closure of plumbing, treatment devices, storage components,
containments, or other such physical structures that are no longer required for their
intended purpose. Closure may include the removal of equipment, the filling in of a void
and/or cementing, capping, plugging, etc. Closure requirements shall be described for
each "Sector Control Policy" in the respective Policy.
C. Variance:
No statement contained in this division shall be construed as preventing any special
agreement or arrangement between the City and any industrial concern whereby an
industrial waste of unusual strength or character may be accepted by the City for
treatment. Such agreement shall not include the waiver of National Categorical
Pretreatment Standards.
D. Enforcement and Compliance:
1. Enforcement of these regulations is governed by the express terms herein and
the enforcement provisions set forth below in these City Regulations and this
Ordinance.
2. The City has the right to reject acceptance of any waste which may be harmful to
or cause obstruction of the wastewater system, or which may cause or contribute
to Interference or Pass -Through or violate any Local Limits adopted by the City.
3. Facility owners and lessees regulated under this section shall be jointly and
severally responsible for complying with the Pretreatment Standard and
Requirements established by these City Regulations.
4. All costs incurred by the City due to Interference, damage, Pass -Through, or
maintenance necessary in the treatment and/or collection system shall be paid
by the User to the City. The direct costs of all labor, equipment and materials
incurred in rectifying the Interference or damage, including reasonable attorneys'
fees, shall be billed directly to the owner or the User by the City, and such costs
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shall become part of the total charges due and owing to the City and shall
constitute a lien on the User until paid in full.
E. Sector Control Policy Descriptions:
1. FOG (Fats, Oil and Grease) Policy Requirements:
a. The requirements established in this Section shall apply to Users subject
to the FOG Policy Requirements established by the City. Non -domestic
dischargers where preparation, manufacturing, or processing of food
occurs include but are not limited to, restaurants, cafes, fast food outlets,
pizza outlets, delicatessens, sandwich shops, coffee shops, schools,
churches, nursing homes and other facilities that prepare, service, or
otherwise make foodstuff available for consumption. These Users shall
install and maintain a grease interceptor as directed by the FOG Policy
Requirements.
b. All facilities subject to this section must comply with the requirements in
the FOG Policy Requirements which include both the requirement for
installation and operation of a grease interceptor and adherence to the
Best Management Practices.
2. SOG (Sand, Oil, and Grease Interceptor) Policy Requirements:
a. The requirements established in this Section shall apply to Users subject
to the SOG Policy Requirements established by the City.
b. Non -domestic dischargers where work or service is performed include,
but are not limited to, automotive service, machine shops, laundromats,
automotive care centers, auto body shops, car washes, garages and
parking garages, elevator pits, and any other facility that generates sand,
petroleum oil, grease or other petroleum product, grit, gravel or other
aggregate that may discharge into a wastewater collection system.
Access to the wastewater collection system is often via floor drains
located inside shop areas that are not limited to non-polluting wastewater
sources; such drains must be connected to a SOG Interceptor.
c. All Users subject to this section must comply with the SOG Policy
Requirements which includes both the requirements for installation and
operation of a Sand, Oil and Grease interceptor, sample port and the Best
Management Practices.
3. Dental Amalgam Sector Control Policy Requirements:
All Users subject to this section must comply with the requirements in the Dental
Amalgam Policy Requirements pursuant to EPA Rule 40 CFR Part 441 which
includes requirements for treatment, limitations and prohibitions, Best
Management Practices, monitoring, sampling and analysis requirements,
reporting and record keeping requirements, conditions for accessible inspections
and other conditions to ensure compliance with these City Regulations.
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Article 4. INDIVIDUAL AND GENERAL WASTEWATER DISCHARGE PERMITS
Sections:
4.1 Individual and General Wastewater Discharge Permit Requirements
4.2 Individual and General Wastewater Discharge Permitting: Existing Connections
4.3 Individual and General Wastewater Discharge Permitting: New Connections
4.4 Individual and General Wastewater Discharge Permit Re -issuance
4.5 Individual and General Wastewater Discharge Permitting: Zero Discharge Permits
4.6 Individual and General Wastewater Discharge Permitting: Application Contents
4.7 Wastewater Discharge Permitting: General Permits
4.8 Application Signatories and Certifications
4.9 Individual and General Wastewater Discharge Permit Decisions
4.1 Individual and General Wastewater Discharge Permit Requirements
A. All Users (IU's) connected to or proposing to connect to and discharge into any part of
the Wastewater System, shall submit an "Industrial User Survey" to the Director when
requested, or in the case of a new connection, prior to discharging to the POTW. If the
Director determines the IU is an SIU, the User is then required to apply for and obtain an
"Individual or General Wastewater Discharge Permit", (hereinafter "Wastewater
Discharge Permit"), prior to discharging to the POTW. A separate Wastewater
Discharge Permit may be required for each User, building or complex of buildings. The
discharge of wastewater to the POTW without a valid Wastewater Discharge Permit from
a SIU shall be a violation of this Ordinance as specified in Section 4.1(C), below.
B. The Director or their designee shall require other Users to obtain Wastewater Discharge
Permits as necessary to carry out the purposes of this Ordinance. The Director or their
designee has the authority to deny an application for a Wastewater Discharge Permit if
issuance of the permit otherwise violates the purpose of this Ordinance.
C. Any violation of the terms and conditions of a Wastewater Discharge Permit shall be
deemed a violation of these City Regulations and subjects the wastewater discharge
permittee to the sanctions set out below in these City Regulations. Obtaining a
Wastewater Discharge Permit does not relieve a permittee of its obligation to comply
with all Federal, State and Local Pretreatment Standards or Requirements or with any
other requirements of Federal, State, and local laws.
4.2 Individual and General Wastewater Discharge Permitting: Existing Connections
All Users connected to, or discharging into any part of the wastewater system, shall submit
an "Industrial Wastewater Survey" to the Director or their designee. Upon determination
by the Director or their designee, all Users required to obtain a Wastewater Discharge
Permits who were discharging wastewater into the POTW prior to the effective date of
these City Regulations and who wish to continue such discharges in the future, shall within
one hundred -eighty (180) days after said date, apply to the Director for a Wastewater
Discharge Permit in accordance with Sections 4.6 and 4.7 of these City Regulations. After
one hundred -eighty (180) days of the effective date of the Wastewater Discharge Permit,
such Users shall not exceed discharge limitations or allow prohibited discharges to
continue as defined in Sections 2.1 & 2.2 of these City Regulations, unless an extension is
provided by the Director and at the Director's discretion. The City shall issue all Users
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with existing Memorandum of Understandings (MOUs) a Wastewater Discharge Permit,
utilizing the timeframes for compliance in this section. This Wastewater Discharge Permit
will be in place of the MOU.
4.3 Individual and General Wastewater Discharge Permitting: New Connections
Any User required to obtain a Wastewater Discharge Permit who proposes to begin or
recommence discharging into the POTW shall obtain such a permit prior to the beginning
or recommencing of such discharge. An application for a Wastewater Discharge Permit, in
accordance with these City Regulations, shall be filed at least ninety (90) days prior to the
date upon which any discharge will begin or recommence.
4.4 Individual and General Wastewater Discharge Permit Re -issuance
Any User with an expiring Wastewater Discharge Permit shall apply for a new permit by
submitting a complete permit application at least ninety (90) days prior to the expiration of
the User's existing Wastewater Discharge Permit. The User shall file a "Wastewater
Discharge Permit Application" on forms provided by the City containing the information
specified in Sections 4.6 and 4.7. A User with an existing Wastewater Discharge Permit
that has filed a complete and timely application may continue to discharge as approved by
the Director through an administrative extension of the existing permit.
4.5 Individual and General Wastewater Discharge Permitting: Zero Discharge Permits
Any User that operates its regulated processes so that no Industrial Waste is discharged to
the POTW may request that an "Individual or General Zero —Discharge" Permit be issued by
the City. To be eligible for a Zero -Discharge Permit, the User shall demonstrate to the
Director's satisfaction that no Industrial Waste will be discharged and shall either
permanently seal all accesses to the POTW other than those required for disposal of
domestic sewage or install shutoff devices that will accept City installed, tamper evident
seals. Breaking this seal without prior authorization by the Director shall be a violation of
the Zero -Discharge Permit and these City Regulations. Examples of permanent seals are
sealing a drain with concrete and welding a cap on a metal pipe.
4.6 Individual and General Wastewater Discharge Permitting: Application Contents
A. All Users required to obtain a Wastewater Discharge Permit must submit a Wastewater
Discharge Permit Application. The Director or their designee may require Users to
submit the following information as part of a Wastewater Discharge Permit application:
1. Identifying Information:
a. The name and address of the facility, including the name of the operator
and owner;
b. Contact information including phone numbers and email addresses,
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:
a. A brief description of the nature, average rate of production (including
each product produced by type, amount, processes, and rate of
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7
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, 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;
Time and duration of discharges;
The location for monitoring all wastes covered by the permit;
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
wastestream formula of 40 CFR 403.6(e). The Control Authority may allow for
verifiable estimates of flow measurements when justified by cost or feasible
considerations;
Measurement of Pollutants:
a. The Pretreatment Standards applicable to each regulated process and as
described in Section 6.3 for 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
Director or designees, of regulated pollutants in the discharge from each
regulated process. Instantaneous, daily maximum, and average
concentrations, or mass, where required, shall be reported. The sample
shall be representative of daily operations. Where the Standard requires
compliance with a BMP or pollution prevention alternative, the User shall
submit documentation as required by the Director or designee of the
applicable Standards to determine compliance with the Standard;
c. Sampling and analysis shall be performed in accordance with Section
6.14(A) through (D) of this Ordinance, the techniques described in 40
CFR Part 136 and amendments thereto;
d. The User shall take a minimum of one representative sample with the
data necessary to comply with the requirements of this section.
e. Samples shall be taken immediately downstream from pretreatment
facilities if such exist or immediately downstream from the regulated
process if no pretreatment exists. If other wastewaters are mixed with the
regulated wastewater prior to pretreatment the User should measure the
flows and concentrations necessary to allow use of the combined waste
formula of 40 CFR 403.6(e) in order to evaluate compliance with the
Pretreatment Standards. Where an alternate concentration or mass limit
has been calculated in accordance with 40 CFR 403.6 (e) this adjusted
limit along with supporting data shall be submitted to the Control
Authority;
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f. Where 40 CFR Part 136 does not contain sampling or analytical
techniques for the pollutant in question, or where the Director determines
that the 40 CFR Part 136 sampling and analytical techniques are
inappropriate for the pollutant in question, sampling and analysis shall be
performed by using validated analytical methods or any other applicable
sampling and analytical procedures, including procedures suggested by
the POTW or other parties, approved by the Director;
g. 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;
h. 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;
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, shall be in accordance with Sections 6.1(B) and 6.6(C) of these City
Regulations.
B. Incomplete or inaccurate applications will not be processed and will be returned to the
User for revision.
4.7 Wastewater Discharge Permitting: General Permits
A. At the discretion of the Director, the Director may use General Permits to control User's
discharges to the POTW if the following conditions are met. All facilities 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 discretion of the Director, are more appropriately controlled under a General
Permit than under Individual Wastewater Discharge Permits.
B. To be covered by the General Permit, the User 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 Section 6.1(B) for a monitoring waiver for a pollutant neither
present nor expected to be present in the discharge, and any other information the
Director or designee 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 Director or designee has provided written notice to the User that such a
waiver request has been granted in accordance with Section 6.1(B).
C. The Director will retain a copy of the General Permit, documentation to support the
Director or designee's determination that a specific User meets the criteria in Section
4.7(A)(1) through (5) and a copy of the User's written request for coverage for (3) years
after the expiration of the General Permit.
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D. The Director may not control a User 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 IU's
whose limits are based on the Combined Wastestream Formula (Section 6.3(13)(2)(c)) or
Net/Gross calculations (40 CFR 403.15).
4.8 Application Signatories and Certifications
A. All Wastewater Discharge Permit Applications, User reports, and certification
statements shall be signed by an Authorized Representative of the User and contain
the certification statement in Section 6.6(A) of these City Regulations.
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 shall be submitted to the
Director 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 Director
pursuant to Section 1.2(PP)(3) shall annually submit the signed certification statement in
Section 6.6(B).
4.9 Individual and General Wastewater Discharge Permit Decisions
The Director will evaluate the data furnished by the User and may require additional
information. Within ninety (90) days of receipt of a complete Wastewater Discharge
Permit application, the Director will determine whether to issue a Wastewater Discharge
Permit. The Director may deny any application for a Wastewater Discharge Permit for
which the Director has good cause to deny such application.
Article 5. INDIVIDUAL AND GENERAL WASTEWATER DISCHARGE PERMIT ISSUANCE
Sections:
5.1 Individual and General Wastewater Discharge Permit Conditions
5.2 Individual and General Wastewater Discharge Permit Contents
5.3 Individual and General Wastewater Discharge Permit Denial and Hearing
5.4 Individual and General Wastewater Discharge Permit Issuance Process
5.5 Individual and General Wastewater Discharge Permit Duration
5.6 Individual and General Wastewater Discharge Permit Modification
5.7 Individual and General Wastewater Discharge Permit Transfer
5.8 Individual and General Wastewater Discharge Permit Revocation
5.9 Individual and General Wastewater Discharge Permit Reissuance
5.10 Regulation of Waste Received from Other Jurisdictions
5.1 Individual and General Wastewater Discharge Permit Conditions
A. The Director or their designee shall issue a Wastewater Discharge Permit to the applicant
if the Director or their designee finds that all of the following conditions are met:
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1. The applicant has provided a timely and complete Wastewater Discharge Permit
application to the City;
2. The proposed discharge by the applicant is in compliance with the limitations
established in these City Regulations;
3. The proposed operation and discharge of the applicant would permit the normal
and efficient operation of the POTW; and
4. The proposed discharge of the applicant would not result in a violation by the City of
the terms and conditions of its MPDES Permit or cause Pass Through or
Interference.
B. If the Director or their designee finds that the condition set out in subsection 5.1(A)(2) of this
Section is not met, the Director or their designee may, at his or her discretion, issue a
Wastewater Discharge Permit to the applicant if the conditions set out in subsections
5.1(A)(1), and 5.1(A)(3-4) of this Section have been met and if the applicant submits, and
the Director approves, a compliance schedule setting out the measures to be taken by the
applicant and the dates that such measures will be implemented to ensure compliance with
the Local Limits. At no time shall the final compliance date for a Categorical Standard be
extended.
5.2 Individual and General Wastewater Discharge Permit Contents
A. Wastewater Discharge Permits shall be expressly subject to all provisions of this City
Ordinance, as well as User charges and fees established by the City. The conditions of
Wastewater Discharge Permits shall be uniformly enforced in accordance with these City
Regulations and applicable State and Federal Regulations.
B. Wastewater Discharge Permits shall include such conditions as are deemed reasonably
necessary by the Director or their designee to prevent Pass Through or Interference,
protect the quality of the water body receiving the Wastewater Treatment Plant's
effluent, protect worker health and safety, facilitate sludge management and disposal,
and protect against damage to the POTW.
C. Wastewater Discharge Permits shall contain, as applicable:
1. A statement that indicates the Wastewater Discharge Permit issuance date,
expiration date and effective date (See Section 5.5(A));
2. A statement that the Wastewater Discharge Permit is nontransferable;
3. Effluent limits, including BMPs, based on applicable Pretreatment Standards;
4. Self -monitoring, sampling, reporting, notification, and record -keeping
requirements. These requirements shall include an identification of pollutants to
be monitored (or BMPs), sampling location, sampling frequency, and sample
type based on federal, state, and local 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 Section
6.1(13)(1) of this code;
6. Any grant of the monitoring waiver by the Director must be included as a
condition in the Significant Industrial User's Wastewater Discharge Permit;
7. A statement of applicable administrative, civil and criminal penalties for violation
of Pretreatment Standards and Requirements, and any applicable compliance
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schedule. Such schedule may not extend the time for compliance beyond that
required by applicable federal, state, or local law;
8. BMPs to control specific pollutants as necessary to meet objectives of these
City Regulations;
9. Requirements to control Slug Discharges and immediate notification of any
changes to the facility affecting the potential for a Slug Discharge;
10. Compliance schedules;
11. Requirements to reapply for a new Wastewater Discharge Permit at least ninety
(90) days prior to expiration of the existing permit;
12. Requirements for additional monitoring to be reported; and
13. Surcharge determination and payments required.
D. Wastewater Discharge Permits may contain, but need not be limited to the following
conditions:
1. Limits on the average and/or maximum rate of discharge, time of discharge,
and/or requirements for flow regulation and equalization;
2. Requirements for the installation of pretreatment technology (as per 40 CFR
403.8(f)(1)(ii)), pollution control, or construction of appropriate containment
devices, designed to reduce, eliminate, or prevent the introduction of pollutants
into the POTW;
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 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 Wastewater Discharge Permit does not
relieve the permittee of responsibility for compliance with all applicable Federal
and State Pretreatment Standards, including those which become effective
during the term of the Wastewater Discharge Permit; and
8. Other conditions as deemed appropriate by the Director or their designee to
ensure compliance with these City Regulations.
5.3 Individual and General Wastewater Discharge Permit Denial
A. In the event an application for a Wastewater Discharge Permit is denied, the City
shall notify the applicant in writing of such denial. Such notification shall state the
grounds for such denial with a degree of specificity which will inform the applicant of
the measures or actions which shall be taken by the applicant prior to issuance of a
Wastewater Discharge Permit.
B. Upon receipt of notification of denial of a permit, the applicant may revise the permit, to
satisfy any deficient areas and resubmit the Wastewater Discharge Permit for
reconsideration.
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5.4 Individual and General Wastewater Discharge Permit Issuance Process
A. Wastewater Discharge Permit Appeals. Any person, including the User, may petition the
Director or their designee to reconsider the terms of a Wastewater Discharge Permit
within thirty (30) days of notice of its issuance.
1. Failure to submit a timely petition for review shall be deemed to be a waiver of
the administrative appeal.
2. In its petition, the appealing party shall indicate the Wastewater Discharge Permit
provisions objected to, the reasons for this objection, and the alternative
condition, if any, it seeks to place in the Wastewater Discharge Permit.
3. The effectiveness of the Wastewater Discharge Permit shall not be stayed
pending the appeal.
4. If the Director or their designee fails to act within thirty (30) days, a request for
reconsideration shall be deemed to be denied. Decisions not to reconsider a
Wastewater Discharge Permit, not to issue a Wastewater Discharge Permit, or
not to modify a Wastewater Discharge Permit shall be considered final
administrative actions for purposes of judicial review.
5. Aggrieved parties seeking judicial review of the final administrative Wastewater
Discharge Permit decision shall do so by filing a complaint with the Eleventh
Judicial District Court for the State of Montana within thirty (30) days of the final
administrative Wastewater Discharge Permit decision.
5.5 Individual and General Wastewater Discharge Permit Duration
A Wastewater Discharge Permit shall be issued for a specified time period, not to exceed
five (5) years from the effective date of the permit. A Wastewater Discharge Permit may
be issued for a period less than five (5) years, at the discretion of the Director or their
designee. The terms and conditions of the Wastewater Discharge Permit may be subject to
modification and change by the City during the life of the permit, as limitations or
requirements as identified in these City Regulations are modified and changed.
5.6 Individual and General Wastewater Discharge Permit Modification
The Director or their designee may modify a Wastewater Discharge Permit for good
cause, including, but not limited to, the following reasons:
A. To incorporate any new or revised Federal, State, or local Pretreatment Standards or
Requirements;
B. To address significant alterations or additions to the User's operation, processes, or
wastewater volume or character since the time of the Wastewater Discharge
Permit issuance;
C. A change in the POTW that requires either a temporary or permanent reduction or
elimination of the authorized discharge;
D. Information indicating that the permitted discharge poses a threat to the City's POTW,
City personnel, the beneficial reuse of the POTW's sludge or the receiving waters;
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E. Violation of any terms or conditions of the Wastewater Discharge Permit;
F. Misrepresentations or failure to fully disclose all relevant facts in the Wastewater
Discharge Permit Application or in any required reporting;
G. Revision of or a grant of variance from Categorical Pretreatment Standards pursuant to
40 FR 403.13; or
H. To correct typographical or other errors in the Wastewater Discharge Permit.
5.7 Individual and General Wastewater Discharge Permit Transfer
Wastewater Discharge Permits are issued to a specific User for a specific operation. No
Wastewater Discharge Permit shall be reassigned or transferred or sold to a new owner, new
User, different premises or a new or changed operation.
Wastewater Discharge Permits shall be voided upon cessation of operations or transfer of
business ownership. All Wastewater Discharge Permits issued to a past User are void upon
the issuance of a new Wastewater Discharge Permit to the new User.
5.8 Individual and General Wastewater Discharge Permit Revocation
The Director may revoke a Wastewater Discharge Permit for good
cause, including, but not limited to, the following reasons:
A. Failure to notify the Director or designee of significant changes to the wastewater prior to
the changed discharge, and pursuant to 40 CFR Part 403.120);
B. Failure to provide prior notification to the Director or designee of changed conditions
pursuant to section 6.8 of these City Regulations;
C. Misrepresentation or failure to fully disclose all relevant facts in the Wastewater
Discharge Permit Application;
D. Falsifying self -monitoring reports and certification statements, and pursuant to 40 CFR
Part 403.12(n);
E. Tampering, disrupting or damaging monitoring or sampling equipment;
F. Refusing to allow the Director or designee timely access to the facility premises and
records;
G. Failure to meet effluent limitations;
H. Failure to pay fines;
I. Failure to pay sewer charges;
J. Failure to meet compliance schedules;
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K. Failure to complete a Wastewater Survey or the Wastewater Discharge Permit
Application;
Failure to provide advance notice of the transfer of business ownership of a permitted
facility; or
M. Violation of any Pretreatment Standard or Requirement, or any terms of the Wastewater
Discharge Permit or this Ordinance;
N. Increasing the use of process water or attempting to dilute the discharge for the sole
purpose of achieving compliance with any limitations;
O. Failure to report an accidental discharge of a toxic substance;
P. Discharging wastewater which causes interference with the POTW or causes the City to
violate any condition of its NPDES permit;
Q. Discharging wastewater which presents imminent or substantial endangerment to the
environment and/or public health, safety or welfare.
In instances where a Wastewater Discharge Permit is revoked or denied, and a User's
service connection may allow for the potential of prohibited discharges into the City's
sanitary sewer system. The City may require, at the Director's discretion, the connection to
be removed or be permanently sealed.
5.9 Individual and General Wastewater Discharge Permit Reissuance
A. A User with an expiring Wastewater Discharge Permit shall apply for a Wastewater
Discharge Permit reissuance by submitting a complete permit application, in accordance
with Section 4.4 of these City Regulations, within a minimum of ninety (90) days prior to
the expiration of the User's existing Wastewater Discharge Permit.
B. An expired Wastewater Discharge Permit will continue to be effective and enforceable
until the permit is reissued if:
1. The permittee has submitted a complete Wastewater Discharge Permit
application at least ninety (90) days prior to the expiration date of the User's
existing permit;
2. The failure to reissue the Wastewater Discharge Permit, prior to expiration of the
previous permit, is not due to any act or failure to act on the part of the permittee;
5.10 Regulation of Waste Received from Other Jurisdictions
A. If another municipality/district contributes wastewater to the POTW, the City of Kalispell
shall enter into an Interlocal Agreement with the contributing municipality/district. The
agreement shall provide authorization for the City to implement and enforce these City
Regulations, including the City's Sewer Use Ordinance and 40 CFR 403 within the
contributing municipality/district service area.
1. Prior to entering into the agreement required by Section 5.10 (A), above, the
Director shall request the following information from the contributing
municipality/district:
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a. A description of the quality and volume of wastewater discharged to the
POTW by the contributing municipality/district;
b. An inventory of all Users located within the contributing
municipality/district that are discharging to the POTW; and
c. Such other information as the Director may deem necessary.
2. The Interlocal Agreement, as required by Section 5.10(A), above, shall require
that the contributing municipality/district is responsible to:
a. Submit a revised Industrial User inventory on an annual basis;
b. Provide the Director or designee with access to all information that the
contributing municipality/district obtains; and
c. Reimburse the City for all costs incurred in implementing and enforcing all
industrial pretreatment actions to control discharges from all Users of its
Wastewater Treatment System pursuant to requirements set out in 40
CFR Part 403 and these City Regulations;
d. Inform its Users of the requirements and the penalties to which such
Users are subject for violation of the discharge requirements and
prohibitions;
e. Inform the City within 24 hours of non-compliance including any Sanitary
Sewer Overflows (discharges of sanitary sewage prior to treatment at the
Wastewater Treatment Plant). Provide the City within 72 hours with a
written report of the occurrence. Provide the City within seven (7) days of
any change of any pollutants from any User;
f. Remain sole owner of, and manage the operations and maintenance of
its sewer system and manage the quality of sewage discharged to the
City;
g. Provide the Industrial Pretreatment Coordinator (IPC) with a quarterly
report listing all work performed by the contributing municipality/district in
fulfilling any City Regulations and Requirements.
3. An Interlocal Agreement, as required by Section 5.10(A), above, shall require
that the City of Kalispell is responsible to:
a. Issue Wastewater Discharge Permits to all Users required to obtain a
permit;
b. Conduct inspections, sampling, and analysis of permitted Users;
c. Take all appropriate enforcement action as outlined in the City's Sewer
Use Ordinance, the Sewer Enforcement Response Plan and these City
Regulations;
d. Perform technical or administrative duties the parties deem appropriate;
e. Take emergency action to stop or prevent any discharge which presents
or may present an imminent danger to the health or welfare of humans,
which appears to threaten the environment, or which threatens to cause
interference, pass through, or sludge contamination; and
f. Provide the contributing municipality/district with a detailed accounting of
all costs.
4. The contributing municipality/district shall formally adopt in its Sewer Use
Ordinance, all City of Kalispell's Ordinances, codes, regulations which pertain to
the City of Kalispell's Industrial Pretreatment Program and sewage treatment.
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B. Before a User located outside the jurisdictional boundaries of the contributing
municipality/district discharges into that municipality/district, the City will enter into an
agreement with the contributing municipality/district in which the User is located. Such
an agreement will be equivalent to these City Regulations and shall be entered into prior
to any discharge from the User;
C. The Interlocal Agreement shall contain a provision ensuring the Director or their
designee access to the facilities of Users located within the contributing
municipality/district's jurisdictional boundaries for the purpose of inspection, sampling, or
any other duties deemed necessary by the Director or their designee; and
D. A provision specifying remedies available for breach of the terms of the interlocal
agreement;
E. If any term of the Interlocal Agreement is held to be invalid in any judicial action, the
remaining terms will be unaffected;
F. The parties will review and revise the Interlocal Agreement to ensure compliance with
the Federal Clean Water Act (33 U.S.C. §1251 et seq.) and rules and regulations (see
40 CFR Part 403) issued there under, as necessary, but at least once every 5 years on a
date to be determined by the Parties;
G. If the authority of the City to act as agent for the contributing municipality/district under
the Interlocal Agreement is questioned by a User, court of law, or otherwise, the
contributing municipality/district will take whatever action is necessary to ensure the
implementation and enforcement of its Sewer Use Ordinance against the User,
including, but not limited to, implementing and enforcing its own Sewer Use Ordinance
on its behalf and/or amending the Interlocal Agreement to clarify the City's authority.
Article 6. REPORTING REQUIREMENTS
Sections:
6.1 Periodic Compliance Reports
6.2 24 Hour Notice and 30-Day Resampling
6.3 Baseline Monitoring Reports - Categorical Industrial Users
6.4 90-Day Compliance Reports - Categorical Industrial Users
6.5 Reports for Non -Significant Industrial Users
6.6 Signatory Certification
6.7 Compliance Schedules
6.8 Changes in Discharge or Operations
6.9 Control Plans
6.10 Reports of Potential Problems
6.11 Notification of the Discharge of Hazardous Waste
6.12 Date of Receipt of Reports
6.13 Inspection and Records
6.14 Sample Collection and Analytical Methods
6.15 Provisions Governing Fraud and False Statements
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6.1 Periodic Compliance Reports
A. SIU's subject to Federal, State, or City Regulations shall submit a "Periodic Compliance
Report" after the compliance date of such Pretreatment Standard, or, in the case of a
New Source, after commencement of the discharge into the POTW at a frequency
determined by the Director or by the Wastewater Discharge Permit, but in no case less
than once every six (6) months. Periodic Compliance Reports shall indicate the nature
and concentration of pollutants in the effluent which are limited by Pretreatment
Standards including the average and maximum daily flows for the reporting period. In
cases where the Pretreatment Standard requires compliance with BMPs or pollution
prevention alternatives, the SIU shall submit documentation required by the City or the
Pretreatment Standard necessary to determine compliance status of the SIU. All
Periodic Compliance Reports shall be signed and certified in accordance with Section
6.6 of this Ordinance.
B. The City 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. (See 40 CFR 403.12(e)(2)) 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
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. See Section 4.6(A)(8).
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 in accordance with Section
6.6(C) and include the certification statement in Section 6.6(A) and (40 CFR
403.6(a)(2)(ii)).
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 Director must be included as a condition
in the User's Wastewater Discharge Permit. The reasons supporting the waiver and
any information submitted by the User in its request for the waiver must be
maintained by the Director for 3 years after expiration of the waiver.
7. Upon approval of the monitoring waiver and revision of the User's Wastewater
Discharge Permit by the Director, the User must certify on each report with the
statement in Section 6.6(C) below, that there has been no increase in the pollutant
in its wastestream 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
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immediately comply with the monitoring requirements of Section 6.3(A), or other
more frequent monitoring requirements imposed by the Director and notify the
Director.
9. This provision does not supersede certification processes and requirements
established in Categorical Pretreatment Standards, except as otherwise specified in
the Categorical Pretreatment Standard.
10. All wastewater samples shall be representative of the SIU's discharge. Wastewater
monitoring and flow measurement equipment shall be properly operated, kept clean,
and maintained in good working order at all times. The failure of an SIU to keep its
monitoring equipment in good working order shall not be grounds for the SIU to
claim that the sample results are unrepresentative of its discharge.
C. If a SIU subject to the reporting requirements in this section monitors any regulated
pollutant at the appropriate sampling location more frequently than required by the
Director, using the methods and procedures prescribed in these City Regulations, the
results of this monitoring shall be included in the periodic compliance report. Non -
Categorical SIU's shall report all monitoring results.
D. Periodically, the sampling and analyses required for the reporting outlined above may be
performed by the Director or their designee in lieu of the permittee. Where the Director or
their designee makes arrangements with the SIU to collect such samples, the analytical
portion of the report will not be required in the report submitted by the SIU. The SIU will be
charged for all costs, including time and material, associated with sampling and analysis.
E. Where the Control Authority has performed the sampling and analysis in lieu of the User,
the Control Authority must perform the repeat sampling and analysis unless it notifies the
User of the violation and requires the User to perform the repeat analysis. Resampling is
not required if:
1. The Control Authority performs sampling of the User at a frequency of at least once
per month; or
2. The Control Authority performs sampling of the User between the time when the initial
sampling was conducted and the time when the User or the Control Authority receives
the results of this sampling.
6.2 24 Hour Notice and 30-Day Resampling
If sampling performed by a SIU indicates a violation of these City Regulations, the SIU shall
notify the Director or their designee within twenty-four (24) hours of becoming aware of the
violation. The SIU shall also repeat the sampling and analysis and submit the results of the
repeat analysis to the Director or their designee within thirty (30) days after becoming aware of
the violations. Resampling by the User is not required if the City performs the sampling at the
User's facility at least once a month, or if the City performs sampling at the User's facility
between the time when the initial sampling was conducted and the time when the User or City
receives the results of this sampling, or if the City has performed the sampling and analysis in
lieu of the User.
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6.3 Baseline Monitoring Reports —Categorical Industrial Users
A. Within either one hundred eighty (180) days after the effective date of a Categorical
Pretreatment Standard, or the final administrative decision on a category determination
under 40 CFR 403.6(a)(4), whichever is later, existing Users currently discharging to or
scheduled to discharge to the POTW shall submit to the Director a report which contains
the information listed in 6.3(B) below. At least ninety (90) days prior to commencement
of their discharge, New Sources, and Sources that become Categorical Industrial Users
subsequent to the promulgation of an applicable Categorical Standard, shall submit to
the Director or their designee a report which contains the information listed in 6.3(B)
below. A New Source shall report the method of pretreatment it intends to use to meet
applicable Categorical Standards. A New Source also shall give estimates of its
anticipated flow and quantity of pollutants to be discharged from regulated process
streams and other non -process streams.
B. Users described above shall submit the information set forth below.
1. All information required in Section 4.6(A) and 4.6(B).
2. Compliance Certification. A statement, reviewed by the User's Authorized
Representative as defined in Section 1.2(C) 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.
3. 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 Section 6.7 of this
ordinance.
4. Signature and Report Certification. All baseline monitoring reports shall be
signed in accordance with Section 6.6 and signed by an Authorized
Representative.
6.4 90-Day Compliance Reports — Categorical Industrial Users
A. New Sources: All New Sources subject to existing Categorical Pretreatment Standards
shall submit a report to the Director or their designee within ninety (90) days of the date of
first discharge to the POTW demonstrating actual and continuing compliance with those
Standards.
B. Existing Sources: All Existing Sources required to comply with newly promulgated
Categorical Pretreatment Standards shall submit a report to the Director or their designee
within ninety (90) days of the date on which compliance is required with those Standards
demonstrating that actual and continuing compliance with such Standards has been
achieved.
C. Such 90-day Compliance Reports shall contain at a minimum the information required in
Section 6.3(B). All compliance reports must be signed and certified in accordance with
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Section 4.8. All sampling shall be done in accordance with Section 6.14 of this
Ordinance.
D. For Users subject to equivalent mass or concentration limits in accordance with the
procedures set forth in 40 CFR 403.6(C), this report shall contain a reasonable measure
of the User's long-term production rate. For all other Users subject to Categorical
Pretreatment Standards expressed in terms of allowable pollutant discharge per unit of
production (or other measure of operation), this report shall include the User's actual
production during the appropriate sampling period.
6.5 Reports for Non -Significant Industrial Users
Should the Director deem it necessary to assure compliance with provisions of these City
Regulations, any User of the POTW may be required to submit a Wastewater Discharge Permit
Application or Questionnaire to the Director. Any User subject to this reporting requirement
shall submit a completed report no later than thirty (30) days after receipt of the notification and
appropriate forms.
6.6 Signatory Certification
All reports and other submittals required to be submitted to the City shall include the following
statement and signatory requirements.
A. The Authorized Representative signing any application, questionnaire, any report or other
information required to be submitted to the Director shall sign and attach the following
certification statement with each such report or information submitted to the Director:
"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 ensure that qualified personnel properly
gather and evaluate the information submitted. Based on my inquiry
of the person or persons who manage the system or the 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 a 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 Director pursuant
to 1.2(PP)(3) and 4.7(C) must annually submit the following certification statement
signed in accordance with the signatory requirements listed below.
This certification shall accompany all reports required by the Director, and shall include
the following:
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Based on my inquiry of the person or persons directly responsible for
managing compliance with the Categorical Pretreatment Standards under
40 CFR 403, 1 certify that, to the best of my knowledge and belief that
during the period from to
[months, days, year]:
a. The facility described as
[facility name] met the definition of a Non -Significant Categorical
Industrial User as described in 1.2(PP)(3); and
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:
C. Process for Seeking a Waiver for Pollutants Not Present or Expected to be Present /
Certification of Pollutants Not Present
The Director or their designee may authorize a CIU to forego sampling of a pollutant
regulated by a Categorical Pretreatment Standard if the CIU 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 source water
and without any increase in the pollutant due to activities of the CIU.
CIU's seeking a waiver for pollutants not present or not expected to be present shall
comply with the following process:
1. Provide sampling data and any other technical data demonstrating that such
pollutants are not present in the CIU's discharge;
2. Provide sampling data from at least (1) sampling event from the CIU's process
wastewater prior to any form of treatment;
3. Provide a signed certification statement per section 6.6(A) of these City
Regulations;
4. Any grant of the monitoring waiver, by the Director, must be included as a
condition in the CIU's Wastewater Discharge Permit in accordance with Articles 4
and 5 of this Ordinance.
Upon obtaining an approved discharge monitoring waiver, all future reports shall
include the following certification statement certifying that there has been no increase
in the pollutant in its waste stream due to activities of the CIU:
Based on my inquiry of the person or persons directly responsible for managing
compliance with the Pretreatment Standard for 40 CFR 403, 1 certify that, to the
best of my knowledge and belief, there has been no increase in the level of
[list specific pollutant(s)] in the wastewaters due to the
activities at the facility since filing of the last periodic report under Section 6.6(B).
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D. In the event that a waived pollutant is found to be present or is expected to be present
based on changes that occur in the CIU's operations, the CIU must immediately notify the
Director or their designee and comply with the monitoring requirements of the Wastewater
Discharge Permit.
6.7 Compliance Schedules
Should any schedule of compliance be established in accordance with the requirements of
these City Regulations, the following conditions shall apply to such schedule:
A. The schedule shall contain increments of progress in the form of dates for the
commencement and completion of major events leading to the construction and operation
of additional pretreatment required for the CIU to meet the applicable Categorical
Pretreatment Standards (e.g., hiring an engineer, completing preliminary plans, completing
final plans, executing contract for major components, commencing construction, completing
construction, etc.);
B. No increment referred to above shall exceed nine (9) months; and
C. Not later than fourteen (14) days following each date in the schedule and the final date for
compliance, the CIU shall submit a progress report to the City including, at a minimum,
whether or not it complied with the increment of progress to be met on such date and, if not,
the date on which it expects to comply with this increment of progress, the reason for delay,
and the steps being taken by the CIU to return the construction to the schedule established.
In no event shall more than nine (9) months elapse between such progress reports to the
City.
6.8 Changes in Discharge or Operations
Users shall file a notification to the City a minimum of fourteen (14) days prior to any planned
significant change in operations or wastewater characteristics. A significant change shall be a
change equal to or greater than twenty (20) percent in the mass of a pollutant or volume of
flow discharged to the POTW. In addition, this notification shall include changes to:
A. Adding or removing processing, manufacturing or other production operations;
B. New substances used which may be discharged; or
C. Changes in the listed or characteristic hazardous waste for which the User has submitted
or is required to submit information to the City under these City Regulations and 40 CFR
Part 403.12(p) as amended.
D. The Director 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 Section 4.6 of this Ordinance.
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E. The Director may issue a Wastewater Discharge Permit under Section 4.3 of this
Ordinance or modify an existing Wastewater Discharge Permit under Section 4.2 of this
Ordinance in response to changed conditions or anticipated changed conditions.
6.9 Control Plans
A. Each IU shall provide protection from accidental discharges and Slug Loads of pollutants
regulated under these City Regulations. Facilities to prevent the discharge of spills or
Slug Loads shall be provided and maintained at the IU's expense.
B. The City shall evaluate whether each IU needs a "Spill Prevention and Control Plan" or
other action to control spills and Slug Discharges as defined in Section 3.3. The City
may require an IU to develop, submit for approval, and implement a Spill Prevention and
Control Plan or take such other actions that may be necessary to control spills and slug
discharges.
C. A Spill Prevention and Control Plan shall address, at a minimum, the following:
1. Detailed plans (schematics) showing facility layout and plumbing representative
of operating procedures;
2. Description of contents and volumes of any process tanks;
3. Description of discharge practices, including non -routine batch discharges;
4. Listing of stored chemicals, including location and volumes;
5. Procedures for immediately notifying the City of any spill or Slug Discharge. It is
the responsibility of the IU to comply with the reporting requirements in Sections
6.10 and 6.11. Additionally, this notification requires the User to follow the
Wastewater Discharge Permit condition listed in section 5.2(C)(9) of these City
Regulations;
6. 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;
and
7. SI U's are required to notify the Director immediately of any changes at its facility
affecting the potential for a Slug Discharge; and
8. Any other information as required by the City.
D. Notice to employees. A notice shall be permanently posted on the IU's bulletin board or
other prominent place advising employees to call in the event of an accidental or Slug
Discharge. Employers shall ensure that all employees who work in any area where an
accidental or Slug Discharge may occur or originate are advised to the emergency
notification procedures.
6.10 Reports of Potential Problems
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A. In the case of any discharge, including, but not limited to, spills, accidental discharges,
discharges of a non -routine, episodic nature, a non -customary batch discharge, a Slug
Discharge or a discharge that may cause potential problems for the POTW, the User
shall immediately telephone and notify the Director or designee of the incident.
This notification shall include:
1. Name of the facility;
2. Location of the facility;
3. Name of the caller;
4. Date and time of discharge;
5. Date and time discharge was halted;
6. Location of the discharge;
7. Estimated volume of discharge;
8. Estimated concentration of pollutants in discharge;
9. Corrective actions taken to halt the discharge; and
10. Method of disposal if applicable.
B. Within five (5) working days following such discharge, the IU shall, unless waived by the
Director, submit a detailed written report describing the cause(s) of the discharge and
the measures to be taken by the IU to prevent similar future occurrences. Such
notification shall not relieve the IU 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 IU of any fines,
penalties, or other liability which may be imposed pursuant to these City Regulations.
6.11 Notification of the Discharge of Hazardous Waste
A. Any User who commences the discharge of hazardous waste shall notify the POTW, the
EPA Regional Waste Management Division Director, and the State hazardous waste
authorities, in writing, of any discharge into the POTW of a substance which, if otherwise
disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification
must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA
hazardous waste number, and the type of discharge (continuous, batch, or other). If the
User discharges more than one hundred (100) kilograms of such waste per calendar
month to the POTW, the notification also shall contain the following information to the
extent such information is known and readily available to the User: an identification of
the hazardous constituents contained in the wastes, an estimation of the mass and
concentration of such constituents in the wastestream discharged during that calendar
month, and an estimation of the mass of constituents in the wastestream expected to be
discharged during the following twelve (12) months. All notifications must take place no
later than one hundred and eighty (180) days after the discharge commences. Any
notification under this paragraph needs to be submitted only once for each hazardous
waste discharged. However, notifications of changed conditions must be submitted
under Section 6.8 of this ordinance. The notification requirement in this Section does
not apply to pollutants already reported by Users subject to Categorical Pretreatment
Standards under the self -monitoring requirements of Sections 6.1, 6.3, and 6.4 of this
Ordinance.
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B. Dischargers are exempt from the requirements of 6.11(A) above, during a calendar
month in which they discharge no more than fifteen (15) kilograms of hazardous wastes,
unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and
261.33(e). Discharge of more than fifteen (15) kilograms of nonacute hazardous wastes
in a calendar month, or of any quantity of acute hazardous wastes as specified in 40
CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months
during which the User discharges more than such quantities of any hazardous waste do
not require additional notification.
C. Such notification shall include:
1. The name of the hazardous waste as set forth 40 CFR Part 261;
2. The EPA hazardous waste number;
3. The type of discharge (continuous, batch, or other);
4. An identification of the hazardous constituents contained in the wastes;
5. An estimation of the mass and concentration of such constituents in the waste
stream discharged during that calendar month;
6. An estimation of the mass of constituents in the waste stream expected to be
discharged during the following twelve (12) months;
7. Certification that the IU has a program in place to reduce the volume and toxicity
of hazardous wastes generated to the degree it has determined to be
economically practical; and
8. Signatory certification as required by Section 4.7 of these City Regulations.
D. In the case of any new regulation under Section 3001 of RCRA identifying additional
characteristics of hazardous waste or listing any additional substance as hazardous
waste, the IU shall notify the City, the EPA Regional Waste Management Waste Division
Manager, and State hazardous waste authorities of the discharge of such substances
within ninety (90) days of the effective date of such regulations.
E. In the case of any notification made under this Section, the User shall certify that it has a
program in place to reduce the volume and toxicity of hazardous wastes generated to
the degree it has determined to be economically practical.
F. This provision does not create a right to discharge any substance not otherwise allowed
to be discharged by these City Regulations, a Wastewater Discharge Permit issued
hereunder, or any applicable Federal or State law.
6.12 Date of Receipt of Reports
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 the receipt of the report shall govern.
6.13 Inspection and Records
A. Record -keeping requirements.
1. Any User subject to the reporting requirements established in this Section shall
maintain records of all information resulting from any monitoring activities
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required by this Section, including documentation associated with Best
Management Practices. Such records shall include for all samples:
a. The date, exact place, method, and time of sampling and the names of
the person or persons taking the samples;
b. The dates analyses were performed;
c. Who performed the analyses;
d. The analytical techniques/methods use; and
e. The results of such analyses.
2. Any User subject to the reporting requirements established in this Section
(including documentation associated with Best Management Practices) shall be
required to retain for a minimum of (3) three years any records of monitoring
activities and results (regardless of whether such monitoring activities are
required by this Section) and shall make such records available for inspection
and copying by the Director and the USEPA Regional Administrator . This period
of retention shall be extended during the course of any unresolved litigation
regarding the User when requested by the Director or the Regional Administrator.
3. Any POTW to which reports are submitted by a User shall retain such reports for
a minimum of (3) three years and shall make such reports available for
inspection and copying by the Director and the Regional Administrator. This
period of retention shall be extended during the course of any unresolved
litigation regarding the discharge of pollutants by the User or the operation of the
POTW Pretreatment Program or when requested by the Director or the USEPA
Regional Administrator.
B. Failure to maintain or make available any records described in Section 6.13(A) shall be
grounds for enforcement. If enforcement is required, the User shall be subject to the
terms described in the City's Sewer Enforcement Response Plan
6.14 Sample Collection and Analytical Methods
A. Sample Collection:
Compliance determinations with respect to prohibitions and limitations in these City
Regulations may be made on the basis of either grab or composite samples of wastewater
as specified by the Director or their designee. Such samples shall be taken at a point or
points which the Director or their designee determines to be suitable for obtaining a
representative sample of the discharge. Composite samples may be taken over a twenty-
four (24) hour period, or over a longer or shorter time span, as determined by the City to
meet specific circumstances. Sample collection shall follow the procedures set forth in 40
CFR 403, Appendix E.
B. Sample Type:
Samples collected to satisfy reporting requirements shall be based on data obtained
through appropriate sampling and analysis performed during the period covered by the
report and based on data that is representative of conditions occurring during the
reporting period.
1. Except as indicated in 6.14(B)(2-3) below, the User shall collect representative
wastewater samples using 24-hour flow proportional composite sampling
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techniques, unless time -proportional composite sampling or grab sampling is
required by the Director or their designee. Where time -proportional composite
sampling or grab sampling is authorized by the Director or their designee, the
samples shall be representative of the permitted discharge and the decision to
allow the alternative sampling must be documented in the User's file for that
facility or facilities.
2. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides,
and volatile organic compounds shall be obtained using grab collection
techniques. Using protocols (including appropriate preservation) specified in 40
CFR Part 136 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. Composited samples for other parameters
unaffected by the compositing procedures as documented in approved EPA
methodologies may be authorized by the Director or their designee, as
appropriate. In addition, grab samples may be required to show compliance with
instantaneous Local Limits, including pH.
3. For sampling required in support of baseline monitoring and 90-day compliance
reports required in Sections 6.3 and 6.4, a minimum of four (4) grab samples
shall be used for pH, total phenols, oil and grease, sulfide, and volatile organic
compounds for facilities for which historical representative sampling data do not
exist. Where historical data are available, the Director or their designee may
authorize a lower minimum. For the reports required by Section 6.1(A) and
Section 6.5 of this Ordinance, the Control Authority shall require the number of
grab samples necessary to assess and assure compliance by Users with
applicable Pretreatment Standards and Requirements.
C. Analytical Requirements:
All pollutant analysis, including sampling techniques, to be submitted as part of a
Wastewater Discharge Permit application, report, permit or other analyses required
under these City Regulations shall be performed in accordance with the techniques
prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in
an applicable Categorical Pretreatment Standard. If 40 CFR Part 136 does not contain
sampling or analytical techniques for the pollutant in question, or where the EPA
determines that the 40 CFR Part 136 sampling and analytical techniques are
inappropriate for the pollutant in question, sampling and analyses shall be performed by
using validated analytical methods or any other applicable sampling and analytical
procedures, including procedures suggested by the Director or their designee or other
parties approved by the EPA.
D. Quality Assurance and Quality Control (QA/QC) Requirements: The permittee/laboratory
shall use the QA/QC procedures pursuant to 40 CFR 136.7.
6.15 Provisions Governing Fraud and False Statements
The reports and other documents required to be submitted or maintained under this section
shall be subject to:
A. The provisions of 18 U.S.C. § 1001 relating to fraud and false statements;
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B. The provisions of sections 309(c)(4) of the Act, as amended, governing false statements,
representation or certification; and
C. The provisions of section 309(c)(6) of the Act, regarding responsible corporate officers.
Article 7. COMPLIANCE AUDITING
Sections:
7.1 Right of Entry: Inspection and Sampling
7.2 Search Warrants
7.1 Right of Entry: Inspection and Sampling
The Director or their designee shall have the right to enter the premises of any User, carry out
inspections and monitoring procedures, to determine, independent of information supplied by
the User, whether the User is complying with all requirements of this Ordinance and any
Wastewater Discharge Permit or order issued hereunder. Users shall allow the Director or
designee 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. Digital
photographs may be taken if related to gathering data for pretreatment purposes.
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 team so that, upon presentation of suitable identification, the Director or
designee shall be permitted to enter without delay for the purposes of performing
specific responsibilities.
B. The Director or designee shall have the right to set up on the Users property, or require
installation of, such devices as are necessary to conduct sampling and/or metering of the
User's operations.
1. The Director or designee may require the User, at the User's expense, to install
monitoring equipment as necessary.
2. The facility's sampling and monitoring equipment shall be maintained at all times
in a safe and properly operating condition by the User at its own expense.
3. All devices used to measure wastewater flow and quality shall be calibrated at a
frequency in accordance with manufacturers' specifications to ensure their
accuracy, unless a waiver is obtained from, or an alternative method specified
by, the Director or designee.
4. The location of the monitoring facility shall provide ample room in or near the
monitoring facility to allow accurate sampling and preparation of samples and
analysis. Whether constructed on public or private property, the monitoring
facilities shall be provided in accordance with the Director's requirements and all
applicable local construction standards and specifications, and such facilities
shall be constructed and maintained in such manner so as to enable the Director
or designee to perform independent monitoring activities.
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
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request of the Director or designee and shall not be replaced. The costs of clearing such
access shall be borne by the User.
D. Unreasonable delays in allowing the Director or designee access to the User's premises
shall be a violation of this Ordinance.
7.2 Search Warrants
If the Director or their designee 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 these City Regulations, 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 these
City Regulations or any Wastewater Discharge Permit or order issued hereunder, or to protect
the overall public health, safety or welfare of the community, the City may seek issuance of a
search warrant from the Montana Eleventh Judicial District Court located in Flathead County.
Article 8. COMPLIANCE AND ENFORCEMENT
Sections:
8.1 Sewer Enforcement Response Plan (ERP)
8.2 Publication of Users in Significant Noncompliance (SNC)
8.1 Sewer Enforcement Response Plan (ERP)
The City shall adopt policies, procedures, and regulations as set forth in these City
Regulations and the Sewer ERP, as approved by Resolution of the Kalispell City
Council, for carrying out the provisions of this Ordinance, provided that such policies and
procedures are not in conflict with this Ordinance or any applicable State, Federal Law
or Regulation.
Additionally, the City shall comply with the public participation requirements of 40 CFR
Part 25 in the enforcement of National Pretreatment Standards.
8.2 Publication of IU's in SNC
A. The City shall publish annually, in the largest newspaper of general circulation that
provides meaningful public notice within the jurisdictions served by the POTW, 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. For the
purposes of this provision, a SIU (or any User which violates (13)(3), (13)(4) or (13)(8) of this
Section) is in SNC if its violation meets one or more of the following criteria listed in (13)(1)
through (8).
B. SNC Criteria:
1. 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-month period exceed (by any magnitude) a
numeric pretreatment standard or requirement, including instantaneous limits as
defined in Section 1.2(X).
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2. Technical Review Criteria (TRC) violations, defined here as those in 40 CFR 403.8
Requirements: Thirty-three percent (33%) or more of all of the measurements
taken for the pollutant parameter during a six-month period equal or exceed the
product of the numeric Pretreatment Standard or Requirement including
instantaneous limits, as defined by Section 1.2(X), multiplied by the applicable TRC
(TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants
except pH).
3. Any other violation of a Pretreatment Standard or Requirement as defined by
Article 1 (See 40 CFR 403.3(I))(daily maximum, long-term average, instantaneous
limit, or narrative standard) that the Director determines has caused, alone or in
combination with other discharges, Interference or Pass Through, including
endangering the health of POTW personnel or the general public.
4. Any discharge of a pollutant that has caused imminent endangerment to human
health, welfare or to the environment or has resulted in the POTW s exercise of its
emergency authority under Sections 10.1(B)(1-2) to halt or prevent such a
discharge.
5. Failure to meet, within ninety (90) days of the scheduled date, a compliance
schedule milestone contained in a Wastewater Discharge Permit or enforcement
order for starting construction, completing construction, or attaining final
compliance.
6. Failure to provide within forty-five (45) days after the due date, any required
reports, including baseline monitoring reports, reports on compliance with
Categorical Pretreatment Standard deadlines, periodic self -monitoring reports, and
reports on compliance with compliance schedules.
7. Failure to accurately report noncompliance.
8. Any other violation(s), which may include a violation of BMPs, the Director or their
designee determines will adversely affect the operation or implementation of the
Industrial Pretreatment Program.
Article 9. ADMINISTRATIVE ENFORCEMENT ACTIONS
Sections:
9.1 Notification of Violation
9.2 Consent Orders
9.3 Non -Compliance Meeting
9.4 Compliance Orders
9.5 Cease and Desist Orders
9.6 Termination of Discharge
9.7 Administrative Fines
9.1 Notification of Violation
When the Director or their designee finds that a User has violated, or continues to violate,
any provision of these City Regulations, a Wastewater Discharge Permit, or order issued
hereunder, or any other Pretreatment Standard or Requirement, the Director or their
designee may serve upon that User a written "Notice of Violation." Within ten (10) days of
the receipt of such notice, an explanation of the violation and a plan for the satisfactory
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correction and prevention thereof, to include specific required actions, shall be submitted
by the User to the Director or their designee. Submission of such a plan in no way
relieves the User of liability for any violations occurring before or after receipt of the Notice
of Violation. Nothing in this Section shall limit the authority of the City to take any action,
including emergency actions or any other enforcement action, without first issuing a Notice
of Violation.
9.2 Consent Orders
The City may enter into "Consent Orders," assurances of compliance, or other similar
documents establishing an agreement with any User responsible for noncompliance. Such
documents shall include specific action to be taken by the User to correct the
noncompliance within a time period specified by the document. Such documents shall
have the same force and effect as the administrative orders issued pursuant to Sections
9.4 and 9.5 of these City Regulations and shall be judicially enforceable.
9.3 Non -Compliance Meeting
A. The City may order a User which has violated, or continues to violate, any provision of
these City Regulations, a Wastewater Discharge Permit, or order issued hereunder, or
any other Pretreatment Standard or Requirement, to appear before the Director or
designee and to explain why an 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 appear and
explain why the proposed enforcement action should not be taken. The notice of the
meeting shall be served personally or by registered or certified mail (return receipt
requested) at least ten (10) days prior to the hearing. Such notice may be served on any
Authorized Representative of the User as defined in Section 1.2(C) and required by
Section 4.7(A). A show cause hearing shall not be a bar against, or prerequisite for,
taking any other action against the User.
B. At a minimum, this meeting shall be documented with the following information:
1. Meeting location;
2. Date and time of the meeting;
3. List of the meeting attendees;
4. Summary of the discussion occurring at the meeting; and,
5. Conclusions reached at the meeting, including the details of agreements made, if
any.
9.4 Compliance Orders
When the Director finds that a User has violated, or continues to violate, any provision of
these City Regulations, a Wastewater Discharge Permit, or order issued hereunder, or any
other Pretreatment Standard or Requirement, the Director may issue a "Compliance
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,
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devices, or other related appurtenances are installed and properly operated. 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.
9.5 Cease and Desist Orders
When the Director finds that a User has violated, or continues to violate, any provision of
these City Regulations, a Wastewater Discharge Permit, or order issued hereunder, or any
other Pretreatment Standard or Requirement, or that the User's past violations are likely to
recur, the Director may issue an order to the User directing it to cease and desist all such
violations and directing the User to:
A. Immediately comply with all requirements; and
B. Take such appropriate remedial or 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.
9.6 Termination of Discharge
In addition to the provisions in Section 5.6 of these City Regulations, any User who violates
the following conditions is subject to discharge termination:
A. Violation of Wastewater Discharge Permit conditions;
B. Failure to accurately report the wastewater constituents and characteristics of its
discharge;
C. Failure to report significant changes in operations or wastewater volume, constituents,
and characteristics prior to discharge;
D. Refusal of reasonable access to the User's premises for the purpose of inspection,
monitoring, or sampling; or
E. Violation of the Pretreatment Standards in Section 2 of these City Regulations;
F. Failure to timely pay any charges assessed.
Such User will be notified of the proposed termination of its discharge and be offered an
opportunity to respond under Section 9.3 of these City Regulations why the proposed action
should not be taken. Exercise of this option by the Director shall not be a bar to, or a
prerequisite for, taking any other action against the User.
9.7 Administrative Fines
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Administrative fines are punitive monetary charges assessed by the Control Authority rather than a
court. The purpose of the fine is to recover the economic benefit of noncompliance and to deter
future violations. When assessing an administrative fine the following factors are considered:
A. Type and severity of the violation;
B. Number of violations cited;
C. Duration of noncompliance;
D. Impact of the violation on the receiving water, sludge quality, and POTW operation;
E. Whether the violation threatened public health;
F. The economic benefit or savings the User gained from the noncompliance;
G. Compliance history of the User;
H. Whether the User is making a good faith effort to comply.
When assessing fines, charges shall include but are not limited to:
A. City Representative's fully burdened hourly rate for work in field and administrative costs;
B. Equipment usage;
C. Laboratory Analysis.
Article 10. JUDICIAL ENFORCEMENT REMEDIES
Sections:
10.1 Injunctive Relief
10.2 Civil Penalties
10.3 Criminal Prosecution
10.4 Remedies Nonexclusive
10.1 Injunctive Relief
A. When the Director finds that a User has violated, or continues to violate, any provision of
these City Regulations, a Wastewater Discharge Permit, or order issued hereunder, or
any other Pretreatment Standard or Requirement, the Director may petition the Montana
Eleventh Judicial District Court located in Flathead County through the City's Attorney for
the issuance of a temporary or permanent injunction, as appropriate which restrains or
compels the specific performance of the Wastewater Discharge Permit, order, or other
requirement imposed by these City Regulations on activities of the User. The Director
may also seek such other action as is appropriate for legal and/or equitable relief,
including a requirement for the User to conduct environmental remediation. A petition
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for injunctive relief shall not be a bar against, or a prerequisite for, taking any other
action against a User.
B. Suspension of Service
1. The Director may use the POTW's Emergency Authority to suspend wastewater
treatment service, after informal notice to the discharger, when such suspension
is necessary, at the discretion of the Director, immediately and effectively to stop
or prevent a discharge which reasonably appears to present an imminent
endangerment to the health or welfare of persons. Additionally, after providing a
written notice to the affected User and an opportunity to respond, the Director
may use the POTW's Emergency Authority to halt or prevent any discharge to
the POTW which presents or may present an endangerment to the environment,
or which threatens to interfere with the operation of the POTW. In addition,
consistent with 40 CFR § 403.8(f)(1)(vi)(A), the City shall seek injunctive relief for
noncompliance by Users of these City Regulations. The City shall also have the
authority to seek or assess civil or criminal penalties in at least the amount of
$3,000 a day for each violation by Users of these City Regulations. The City shall
provide any User in violation of this section with proper notice as stated in 40 CFR §
403.8(f)(1)(vi)(B).
2. Any User notified of suspension of its wastewater treatment service and/or its
Wastewater Discharge Permit shall immediately stop or eliminate the discharge.
In the event of a failure of the User to comply voluntarily with the suspension
order, or in the event notification has been attempted but not accomplished, the
Director may use the POTW's Emergency Authority to take such steps as
deemed necessary, including the entry onto private property, for the purpose of
immediately severing the sewer connection or otherwise ceasing the flow, to
prevent or minimize damage to the POTW or endangerment to any individual.
Neither the POTW, the City, the Director, or their officers, agents nor employees,
shall be liable for any damages resulting from any such entry or flow cessation.
The Director may reinstate the wastewater treatment service upon proof of the
elimination of the noncomplying discharges. The User shall pay all POTW costs
and expenses for any such suspension and restoration of service. A detailed
written statement submitted by the User describing the causes of the harmful
contribution and the measures taken to prevent any future occurrence shall be
submitted to the Director within fifteen (15) days of the date of occurrence.
10.2 Civil Penalties
A. A User who has violated, or continues to violate, any provision of these City Regulations,
a Wastewater Discharge Permit, or order issued hereunder, or any other Pretreatment
Standard or Requirement shall be liable to the City for a minimum civil penalty of three
thousand dollars ($3,000.00) per violation, per day. In the case of a monthly or other
long-term average discharge limit, penalties shall accrue for each day during the period
of the violation.
B. The City may recover reasonable attorneys' fees, court costs, and other expenses
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associated with enforcement activities, including sampling and monitoring expenses, and
the cost of any actual damages incurred by the City.
C. In determining the amount of civil liability, the Court shall take into account all relevant
circumstances, including, but not limited to, the extent of harm caused by the violation,
the magnitude and duration of the violation, any economic benefit gained through the
User's violation, corrective actions by the User, the compliance history of the User, and
any other factor as justice requires.
D. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any
other action against a User.
10.3 Criminal Prosecution
A. A User who willfully or negligently violates any provision of these City Regulations, a
Wastewater Discharge Permit, or order issued hereunder, or any other Pretreatment
Standard or Requirement shall, upon conviction, be guilty of a misdemeanor, punishable
by a fine of at least three thousand dollars ($3,000.00) per violation, per day, or
imprisonment for not more than (6) months, or both.
B. A User who knowingly makes any false statements, representations, or certifications in
any application, record, report, plan, or other documentation filed, or required to be
maintained, pursuant to these City Regulations, Wastewater Discharge Permit, or order
issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required under these City Regulations shall, upon
conviction, be punished by a fine of at least three thousand ($3,000.00) dollars per
violation, per day, or imprisonment for not more than six (6) months, or both.
10.4 Remedies Nonexclusive
The remedies provided for in these City Regulations are not exclusive. The Director may
take any, all, or any combination of these actions against a noncompliant User.
Enforcement of violations will generally be in accordance with the Sewer ERP. However,
the Director may take other action against any User when the circumstances warrant.
Further, the Director is empowered to take more than one enforcement action against any
noncompliant User.
Article 11. SUPPLEMENTAL ENFORCEMENT ACTIONS
Sections:
11.1 Performance Bonds
11.2 Liability Insurance
11.3 Payment of Outstanding Fees and Penalties
11.4 Water Supply Severance
11.5 Public Nuisances
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11.1 Performance Bonds
The Director may decline to issue or reissue a Wastewater Discharge Permit to any User
who has failed to comply with any provision of these City Regulations, a previous
Wastewater Discharge Permit, or order issued hereunder, or any other Pretreatment
Standard or Requirement, unless such User first files a satisfactory bond, payable to the
City, in a sum not to exceed a value determined by the Director to be necessary to achieve
consistent compliance.
11.2 Liability Insurance
The Director may decline to issue or reissue a Wastewater Discharge Permit to any User
who has failed to comply with any provision of these City Regulations, a previous
Wastewater Discharge Permit, or order issued hereunder, or any other Pretreatment
Standard or Requirement, unless the User first submits proof that it has obtained financial
assurances sufficient to restore or repair damage to the POTW caused by its discharge.
11.3 Payment of Outstanding Fees and Penalties
The Director may decline to issue or reissue a Wastewater Discharge Permit to any User
who has failed to pay any outstanding fees, fines, surcharges or penalties incurred as a
result of any provision of these City Regulations, a previous Wastewater Discharge Permit,
or order issued hereunder.
11.4 Water Supply Severance
Whenever a User has violated or continues to violate any provision of these City
Regulations, a Wastewater Discharge Permit, or order issued hereunder, or any other
Pretreatment Standard or Requirement, City 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.
11.5 Public Nuisances
A violation of any provision of these City Regulations, a Wastewater Discharge Permit, or
order issued hereunder, or any other Pretreatment Standard or Requirement is hereby
declared a public nuisance and shall be corrected or abated as directed by the Director.
Any person(s) creating a public nuisance shall be subject to the provisions of the City
Code (Ord. 1634, 3-3-2008) governing such nuisances, including reimbursing the City for
any costs incurred in removing, abating, or remedying such a nuisance.
Article 12. AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
Sections:
12.1 Upset
12.2 Prohibited Discharge Standards
12.3 Bypass
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12.1 Upset
A. For the purposes of this Section, "Upset" means an exceptional incident in which there is
unintentional and temporary noncompliance with Categorical Pretreatment Standards
because of factors beyond the reasonable control of the User. An upset does not
include noncompliance to the extent caused by operational error, improperly designed
treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or
careless or improper operation.
B. An Upset shall constitute an affirmative defense to an action brought for noncompliance
with Categorical Pretreatment Standards if the requirements of paragraph (C), below,
are met.
C. A User who wishes to establish the affirmative defense of Upset shall demonstrate,
through properly signed, contemporaneous operating logs, or other relevant evidence
that:
1. An Upset occurred, and the User can identify the cause(s) of the Upset;
2. The facility was at the time being operated in a prudent and workman -like
manner and in compliance with applicable operation and maintenance
procedures; and
3. The User has submitted the following information to the Director within
twenty-four (24) hours of becoming aware of the Upset (if this information is
provided orally, a written submission shall 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.
D. In any enforcement proceeding, the User seeking to establish the occurrence of an
Upset shall have the burden of proof.
E. Users shall have the opportunity for a judicial determination on any claim of upset only in
an enforcement action brought for noncompliance with Categorical Pretreatment
Standards.
F. Users shall control production of all discharges to the extent necessary to maintain
compliance with Categorical Pretreatment Standards upon reduction, loss, or failure of
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.
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12.2 Prohibited Discharge Standards
A User shall have an affirmative defense to an enforcement action brought against it for
noncompliance with the general prohibitions in Section 2.1(A) of these City Regulations or the
specific prohibitions in Sections 2.1(B) of these City Regulations if it can prove that it did not
know, or have reason to know, that its discharge, alone or in conjunction with discharges from
other sources, would cause Pass Through or Interference and that either:
A. A Local Limit exists for each pollutant discharged and the User was in compliance with
each limit directly prior to, and during, the Pass Through or Interference; or
B. No Local Limit exists, but the discharge did not change substantially in nature or
constituents from the User's prior discharge when the City was regularly in compliance
with its MPDES permit, and in the case of Interference, was in compliance with
applicable sludge use or disposal requirements (40 CFR 403.5(a)(2)).
12.3 Bypass
A. For the purposes of this Section:
1. "Bypass" means the intentional diversion of waste streams from any portion of a
User's treatment facility.
2. Severe property damage means substantial physical damage to property,
damage to the treatment facilities which causes them to become inoperable, or
substantial and permanent loss of natural resources which can reasonably be
expected to occur in the absence of a Bypass. Severe property damage does
not mean economic loss caused by delays in production.
B. A User may allow any Bypass to occur which does not cause Pretreatment Standards or
Requirements to be violated, but only if it also is for essential maintenance to assure
efficient operation. These Bypasses are not subject to the provision of 12.3(C) and (D)
of this Section.
C. Bypass Notifications:
1. If a User knows in advance of the need for a Bypass, it shall submit prior notice
to the Director, at least ten (10) days before the date of the Bypass, if possible.
2. A User shall submit oral notice to the Director of an unanticipated Bypass that
exceeds applicable Pretreatment Standards within twenty-four (24) hours from
the time it becomes aware of the Bypass. A written submission shall also be
provided within five (5) days of the time the User becomes aware of the Bypass.
The written submission shall contain a description of the Bypass and its cause;
the duration of the Bypass, including exact dates and times, and, if the Bypass
has not been corrected, the anticipated time it is expected to continue, and steps
taken or planned to reduce, eliminate, and prevent reoccurrence of the Bypass.
The Director may waive the written report on a case -by -case basis if the oral
report has been received within twenty-four (24) hours.
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D. Bypass
1. Bypass is prohibited, and the Director may take an enforcement action against a
User for a Bypass, unless:
a. Bypass was unavoidable to prevent loss of life, personal injury, or severe
property damage;
b. There were no feasible alternatives to the Bypass, such as the use of
auxiliary treatment facilities, retention of untreated wastes, or
maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate 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
c. The User submitted notices as required under paragraph (C) of this
section.
2. The Director may approve an anticipated Bypass, after considering its adverse
effects, if the Director determines that it will meet the three conditions listed in
paragraph 12.3(D)(1).
Article 13. MISCELLANEOUS PROVISION
Sections:
13.1 Recovery of Costs
13.2 Leased/Rental Property
13.3 Availability of Supporting Pretreatment Documents
13.1 Recovery of Costs
A. It is the purpose of this section to provide for the recovery of costs from Users of the City's
Wastewater Treatment System for the implementation of the program established herein.
These fees relate solely to the matters covered by these City Regulations and are separate
from all other fees chargeable by the City.
B. The Director shall administer fines as described in the City of Kalispell's Sewer ERP.
C. The City may adopt reasonable fees for reimbursement of costs of setting up and
operating the City's Industrial Pretreatment Program, which may include:
Fees for permitting, 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.
2. Fees to recover administrative and legal costs (not included in Section 14.1(B))
associated with the enforcement activity taken by the Director to address User
noncompliance.
3. Other fees as the Director may deem necessary to carry out the requirements
contained herein. These fees relate solely to the matters covered by these City
Regulations and are separate from all other fees, fines, and penalties chargeable
by the City.
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D. Pretreatment Schedule: The City may recover the costs for implementing the
pretreatment program and adopt charges and fees, including, but not limited to the
following:
1. Fee for monitoring and inspections
- Hourly Salary + Sampling and Analysis Costs
2. Fee for reviewing accidental discharge
- Hourly Salary up to 2 hours
3. Fee for construction review and inspection
- Hourly Salary up to 2 hours
4. Fee for Wastewater Discharge Permit applications review and approval
- Per application proportioned to Gallons per Day
Gallons per Day (GPD) —
Wastewater Discharge Quantity
0-10,000
10,000-
25,000
25,000-
100,000
Over
100,000
Per 100,000 GPD or
portion thereof
Total Plus %
(Admin)
$310
(6 hours)
$413
(8 hours)
$620
(12 hours)
$827
(16 hours)
3% increase
(16 hours +)
6%
*Fees are subject to change based on current hourly salary.
5. Wastewater Discharge Permit Renewal Fee - Per application proportioned to
gallons per day
Gallons per Day (GPD) — Wastewater Discharge Quantity
0-10,000
10,000-
25,000
25,000-
100,000
Over
100,000
Per 100,000 GPD or
portion thereof
Total Plus %
(Admin)
$207
(4 hours)
$310
(6 hours)
$413
(8 hours)
$517
(10 hours)
3% increase
(10 hours +)
6%
*Fees are subject to change based on current hourly
E. Cost Recovery Fees for filing appeals and other legal expenses. These fees include but
are not limited to attorney's fees, court costs, fines and other expenses associated with
enforcement activities including City Staff salaries, sampling and monitoring, the cost of
any actual damages incurred by the City, and an additional six percent (6%)
administrative fee.
F. Fees for consistent removal by the City of pollutants as allowed under 40 CFR Section
403.7; and such other fees as the City may deem necessary to administer and enforce
the requirements contained herein.
G. All administrative costs incurred by the City for non-compliance.
13.2 Leased/Rental Property
In situations involving leased or rented property, not resolved with the tenant, the owner or
Authorized Representative of the property shall be notified of continued violations and is
responsible for assuring compliance with the standards and requirements of these City
Regulations.
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13.3 Availability of Supporting Pretreatment Documents
Supporting pretreatment documentation can be obtained at City Hall (Public Works
Department Office) and on the City's Website under Public Works / Industrial
Pretreatment.
EXHIBIT A
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1. FATS, OIL &GREASE (FOG)
POLICY REQUIREMENTS AND
BMP's
2. SAND, OIL &GREASE (SOG)
POLICY REQUIREMENTS AND
BMP's
3. DENTAL AMALGAM POLICY
REQUIREMENTS AND BMP's
1.Fats, Oil & Grease (FOG) Policy Requirements
1.1 Purpose
The purpose of this document is to minimize the introduction of FOG into the City's Wastewater
Collection System. Accumulation of FOG can adversely affect the City's Collection System by
producing blockages which can result in sanitary sewer overflows.
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1.2 Applicability
This document shall apply to all nonresidential establishments that discharge FOG in any
concentration and to include, but is not limited to;
A. New Construction;
B. Interior remodeling to accommodate expansion or operational modifications;
C. Changes of ownership / occupancy;
D. Facilities which are experiencing difficulty in achieving compliance with maintenance and
/ or wastewater discharge requirements;
E. Facilities adversely affecting the City's Collection System and / or Wastewater Treatment
Facility, as determined by the City;
F. Existing facilities without grease interceptors unless specifically exempted by the City.
G. Community rooms/buildings with dishwashers in apartment complexes, churches with a
(3) compartment sink and/or dishwasher, office buildings with seating for (25) or more
people and have a kitchen area or breakroom with a dishwasher.
Each business establishment for which a grease interceptor is required shall have a grease
interceptor serving only that establishment. Common or shared interceptors are not permitted.
All under slab construction requires drawings from a professional engineer and must be approved
by the City of Kalispell's Industrial Pretreatment Coordinator (IPC) prior to construction. The City's
IPC shall inspect / approve all pretreatment -related construction prior to backfilling or enclosing.
Drawings for above slab grease interceptor installations may be required in cases where the
plumbing is not typical. This requirement shall apply when the City's IPC deems such drawings
necessary.
The City may require more stringent Standards and Requirements than listed in this section, as
determined necessary by the City, in an effort to protect the City's Collection System.
1.3 Business Owner's / Discharger's Responsibilities
The Standards set forth in this section are minimum Standards; therefore, this section does not
intend nor imply that compliance by any person will ensure that there will be no contamination,
pollution, nor unauthorized discharge of pollutants.
A. Implementation and adherence to the City's FOG Best Management Practices (BMP's).
Page 64 of 74
B. Proper installation and other requirements for grease interceptors:
Interior Hydromechanical Grease Interceptors:
a. Sizing shall comply with the City's most currently adopted version of the
Uniform Plumbing Code and utilize the fixture capacity formula with a
minimum size of 20 gpm;
b. Interceptor design shall comply with City's Standards for Design and
Construction Drawings;
c. All new interior grease interceptors shall be Schier Great Basin Series, or
equivalent, interceptors, meeting the same specifications;
d. The interceptor shall be installed, operated, and maintained per the
manufacturer's specifications;
e. City's IPC shall approve the cleaning frequency. Approval does not relieve
the User from ensuring the interceptor is properly functioning;
f. Interceptor shall be located in an area that allows for easy cleaning and
inspection;
g. Food preparation sinks, dishwashing sinks, dishwashers, floor drains, floor
sinks, mop sinks and any other fixtures that produce grease laden waste shall
discharge into the interceptor;
h. Dishwashers shall be either low temperature, chemical sanitizing models or
the installation of a water tempering device shall be added to ensure
discharge water temperature does not exceed 150OF prior to entering the
interceptor;
i. Food waste processors/grinders and garbage disposers are prohibited. Use of
hot water, enzymes or drain maintenance chemicals are prohibited as
methods to maintain the interceptor, floor drain and piping;
j. All floor sinks shall be equipped with flanged floor sink strainers.
2. Exterior Gravity Grease Interceptors and Sample Ports:
a. Schier Great Basin High -Capacity Grease Interceptors, or equivalent, are
recommended. If using a Schier GB Series interceptor, the sample port
requirement can be omitted;
b. Sizing shall comply with the City's most currently adopted version of the
Uniform Plumbing Code. Use the table titled "Gravity Grease Interceptor
Sizing" which uses DFU's for determining sizing;
c. Precast, concrete interceptor and sample port designs shall comply with the
City's Standards for Design and Construction Drawings;
d. Waterproofing of all pretreatment related concrete structures shall conform
with the City's Standards for Design and Construction Drawings;
e. The interceptor shall be installed, operated, and maintained per the
manufacturer's specifications;
f. City's IPC shall approve the cleaning frequency. Approval does not relieve the
User from ensuring the interceptor is properly functioning;
g. Interceptor shall be located in an area that allows for easy cleaning and
inspection. Lids shall be installed in a manner that allows for easy removal.
Concrete lids are prohibited;
h. Food preparation sinks, dishwashing sinks, dishwashers, floor drains, floor
sinks, mop sinks and any other fixtures that produce grease laden waste shall
discharge into the interceptor;
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i. Food waste processors/grinders and garbage disposers are prohibited. Use of
hot
water, enzymes or drain maintenance chemicals are prohibited as methods to
maintain the interceptor, floor drain and piping;
j. All floor sinks shall be equipped with flanged floor sink strainers.
C. Grease Interceptor (GI) Abandonment. Abandoned GI's shall be closed by:
1. Removal of entire contents of GI;
2. Capping of the inlet and outlet pipes;
3. Filling of the empty GI with sand or stone;
4. Permanently securing all openings to the interceptor, e.g., cement, weld.
1.4 City of Kalispell's Responsibilities
A. Inspections - Authorized personnel of the City, bearing proper credentials and
identification, shall have the right to enter upon all properties subject to this program, at
any time and without prior notification, for the purpose of inspection, observation,
measurement, sampling, testing or record review, as part of this program;
B. Enforcement - Enforcement of these regulations shall be in accordance with the provisions
of the City's Enforcement Response Plan. The enforcement response is based on the type
of violation(s) and the number of occurrences. Failure to comply with this program shall be
grounds for penalty/fine imposition and/or discontinuance of service.
C. Permitting — Wastewater Discharge Permits shall be put in place and enforced for all
businesses that meet the following criteria:
1. Businesses which are assessed surcharges for high strength waste as defined in
Section 2.3(C) of this Ordinance;
2. Business with a history of noncompliance with this policy and/or the City's FOG
BMP's, as determined by the City;
3. Permitting shall follow all requirements described in this Ordinance, Articles 4-5.
Page 66 of 74
FOG Best Management Practices (BMP's)
1. Ensure that your establishment is equipped with a properly sized and vented grease
interceptor and sample port.
2. Train all employees in BMP's and provide periodic refresher training as well. Document this
training.
3. All floor sinks shall be equipped with flanged floor sink strainers, which shall be easily
removed for daily cleaning.
4. Provide a covered recycling container for cooking grease (yellow grease) and cooking oil.
Utilize the service of a recycling company for disposal and maintain a disposal log. Do not
overfill the recycling container. All other grease shall be placed in a sealed container and
properly disposed of as solid waste material.
5. Do not use enzymes, degreaser, or hot water directly in an interceptor or drain as a method
of maintaining the interceptor or drain.
6. When cleaning greasy floors, ensure the wastewater is disposed of into a drain that leads to
the interceptor.
7. Scrape off food and wipe off grease from cooking pots, pans and utensils and place in solid
waste containers prior to washing.
8. Don't put hot water (greater than 150°F) down any drain that leads to an interceptor.
9. Inspect interceptor regularly. Clean before interceptor becomes 1/3 full of grease and solids.
Fill clean interceptor with cold water after cleaning.
10. Keep an updated copy of the City's "Interceptor Maintenance Log" that is available for all
staff performing interceptor maintenance. Ensure that the required cleaning frequency,
approved by the IPC, is being performed. Keep receipts from any pumper companies used.
These records shall be kept available for inspection for a minimum of three years.
11. Keep a spill kit available for any spills. Place used absorbent material in sealed containers
and place in a dumpster.
Contact the City's Industrial Pretreatment Coordinator with any questions at (406) 758-7817
Page 67 of 74
2. Sand, Oil & Grease (SOG) Policy Requirements
1.1 Purpose
The purpose of this document is to minimize the introduction of SOG into the City's Wastewater
Collection System. Accumulation of SOG can adversely affect the City's Wastewater Collection
System by producing blockages which can result in sanitary sewer overflows, and the treatment
system by entering the wastewater treatment process.
1.2 Applicability
This document shall apply to all nonresidential Users that discharge SOG in any concentration,
including but not limited to car washes, auto service shops, laundromats, and elevator pits. These
requirements shall also apply to:
A. New Construction;
B. Interior remodeling to accommodate expansion or operational modifications;
C. Changes of ownership / occupancy;
D. Facilities which are experiencing difficulty in achieving compliance with maintenance and / or
wastewater discharge requirements;
E. Facilities adversely affecting the City's Collection System and / or Wastewater Treatment
Facility, as determined by the City;
F. Existing facilities without a SOG interceptor, unless specifically exempted by the City.
Establishments described above shall discharge all process wastewater to a City -approved SOG
interceptor.
Each business establishment for which an interceptor is required shall have a SOG interceptor serving
only that establishment. Common or shared interceptors are not permitted.
All under slab construction requires drawings from a professional engineer and must be approved by
the City of Kalispell's Industrial Pretreatment coordinator (I PC) prior to construction. The City's IPC
shall inspect/approve all pretreatment -related construction prior to backfilling or enclosing.
The City may require more stringent Standards and Requirements than listed in this section, as
determined necessary by the City, in an effort to protect the City's Collection Treatment System.
1.3 Business Owner's / Discharger's Responsibilities:
The Standards set forth in this section are minimum standards; therefore, this section does not
intend nor imply that compliance by any person will ensure that there will be no contamination,
pollution, nor unauthorized discharge of pollutants.
A. Implementation and adherence to the City's SOG Best Management Practices (BMP's).
Page 68 of 74
B. Proper installation and other requirements for SOG interceptors:
1. Sizing shall comply with the SOG sizing calculation below. The minimum capacity of a
SOG is 500 gallons. The maximum size of a SOG is 2,500 gallons. Facilities requiring
SOGs larger than 2,500 gallons shall install multiple interceptors in series to
accommodate the additional system load.
SOG Capacity = Process floor space (sg.ft.) x 7.48 gallons
Use factor from table below
Use Category
Use Factors . ft.
Truck Wash
Heavy Equipment Wash
Commercial Automatic Car Wash
3
Commercial Car Wash (hand sprayer)
6
Automotive Service Shop
15
Storage Area
Warehouse
100
Parking Garage
1,000
Contact the City's IPC for Use Categories not listed.
2. Interceptor and sample port design shall comply with the City's Standards for Design and
Construction Drawings. Waterproofing of all pretreatment -related concrete structures
shall conform with City's Standards for Design and Construction Drawings.
3. The interceptor shall be Installed, operated, and maintained per the manufacturer's
specifications.
4. Interceptor shall be located in an area that allows for easy cleaning and inspection. Lids
shall be installed in a manner that allows for easy removal. Concrete lids are prohibited.
5. SOG interceptors and sample ports located in traffic areas shall meet HS-20 loading
requirements.
6. City's IPC shall approve the cleaning frequency. Approval does not relieve the User from
ensuring the interceptor is properly functioning.
7. Do not discharge the top level of a parking garage to an SOG if it is exposed to storm
events. This level shall be drained to the stormwater system.
8. Grease Interceptor (GI) Abandonment. Abandoned GI's shall be closed by:
a. Removal of entire contents of GI;
b. Capping of the inlet and outlet pipes;
c. Filling of the empty GI with sand or stone;
d. Permanently securing all openings to the interceptor, e.g., cement, weld.
Page 69 of 74
1.4 City of Kalispell's Responsibilities
A. Inspections - Authorized personnel of the City, bearing proper credentials and
identification, shall have the right to enter upon all properties subject to this program, at
any time and without prior notification, for the purpose of inspection, observation,
measurement, sampling, testing or record review, as part of this program;
B. Enforcement - Enforcement of these regulations shall be in accordance with the provisions
of the City's Enforcement Response Plan. The enforcement response is based on the type
of violation(s) and the number of occurrences. Failure to comply with this program shall be
grounds for penalty/fine imposition and/or discontinuance of service.
C. Permitting — Wastewater Discharge Permits shall be put in place and enforced for all
businesses that meet the following criteria:
1. Businesses which are assessed surcharges for high strength waste as defined in
Section 2.3(C) of this Ordinance;
2. Business with a history of noncompliance with this policy and/or the City's SOG
BMP's, as determined by the City;
3. Permitting shall follow all requirements described in this Ordinance, Articles 4-5.
Page 70 of 74
SOG Best Management Practices (BMP's)
1. Ensure that your establishment is equipped with a properly sized and vented SOG interceptor and
sample port.
2. Train all employees in BMP's and provide periodic refresher training as well. Document this
training.
3. SOG Interceptors shall have oil absorbent socks / pillows in place at the liquid surface in the
primary chamber. These socks / pillows shall be the type that absorb oil and repel water. Socks /
pillows shall be replaced once saturated with oil.
4. Laundry equipment in commercial buildings shall discharge into a wire basket that is installed
upstream of the interceptor. The mesh on the backet shall have openings no larger than 3/16" in
size. The baskets shall be located where they can be easily removed for daily cleaning.
5. Elevator pits with sump pumps shall not be directly connected to the sanitary sewer system.
Elevator pit wastewater shall discharge into an oil / water separator, sized to handle the maximum
flow rate of the sump pump, prior to discharging into the sanitary sewer system.
6. All hazardous liquid products shall have secondary containment in place to prevent spills reaching
the sanitary and/or storm sewer.
7. Wipe up any spilled liquids. Sweep and mop floors. Do not rinse spills or sweep debris into drains
leading to the interceptor.
8. Use phosphate -free soaps / cleaners. These products are prohibited.
9. Inspect the interceptor regularly. Clean (pump out) interceptor before it becomes 1/3 full of sand,
oil, or grease.
10.Observe the cleaning of the interceptor to ensure a proper job is done. Visually inspect to ensure
tee pipes are secure and walls are in good condition.
11. Keep a spill kit available for any spills. Place used absorbent material in sealed containers and
properly dispose of in a solid waste container.
12. Keep an updated copy of the "Interceptor Maintenance Log". Track all maintenance (cleaning and
repairs) performed on the interceptor. Keep receipts from any contracting companies used. These
records shall be kept available for inspection for a minimum of (3) years.
13. Meet with the City's IPC to establish an adequate cleaning frequency and set up a cleaning
schedule with a pumping contractor.
14. Contact the City's IPC with any questions at (406) 758-7817.
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3. Dental Amalgam Policy Requirements
1.1 Purpose
The purpose of this document is to minimize the introduction of Dental Amalgam waste into the
City's wastewater treatment plant and collection system pursuant to EPA Rule 40 CFR 441.
1.2 Applicability
All dental offices where the practice of dentistry is performed, including but not limited to,
permanent or temporary offices, dental schools, clinics and government -operated dental
facilities that discharge wastewater to the Publicly Owned Treatment Works (POTW).
1.3 Exemptions
The following offices are exempt from Rule 40 CFR Part 441:
A. Mobil Units;
B. Offices which do not discharge to a POTW
C. Offices which exclusively proactive the dental specialties of oral pathology, oral and
maxillofacial radiology and surgery, orthodontics, periodontics, or prosthodontics.
1.4 Ultimate Responsibility
The Standards set forth in this section are minimum Standards; therefore this section does not
intend nor imply that compliance by any person will ensure that there will be no contamination,
pollution, nor unauthorized discharge of pollutants.
1.5 Installation Requirements for Dental Amalgam Separators
Dental offices that discharge wastewater containing amalgam to POTW's must install and
maintain a dental amalgam separator(s) compliant with IS011143(2008) or ANSI/ADA 108-
2009:TA2011 or equivalent devices that meet the following requirements:
A. Removal efficiency of at least 95 percent of the mass solids from all amalgam process
wastewater, calculated according to 40 CFR 441.3(a)(2)(i-ii);
B. The device(s) must be sized to accommodate the maximum discharge rate of amalgam
process wastewater;
Removal efficiency and sizing must be documented in the One -Time Compliance Report.
Existing separator(s) or devices installed on or prior to June 14, 2017, shall be replaced with a
compliant device by June 14, 2027, or when the device breaks down, whichever comes first.
1.6 Inspections
Authorized personnel of the City, bearing proper credentials and identification, shall have the
right to enter all properties subject to this program, at any time and without prior notification, for
the purpose of inspection, observation, measurement, sampling, testing or record review, as
part of these City Regulations.
Page 72 of 74
1.7 Enforcement
Enforcement of these City Regulations shall be in accordance with the provisions of the City's
Sewer Enforcement Response Plan. The enforcement response is based on the type of
violation(s) and the number of occurrences. Failure to comply with this program will be grounds
for penalty imposition and/or discontinuance of service.
1.8 One Time Compliance Report
Business owners shall complete a "One Time Compliance Report for Dental Dischargers Form".
Keep one copy of the report in your files and available for inspection by the City's Pretreatment
Staff and mail a copy to the City of Kalispell at the following address: City of Kalispell Public
Works, P.O. Box 1997, Kalispell, Montana 59903-1997, "Attention: Industrial Pretreatment
Department" or send electronically to edphipps@kalispell.com.
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Dental Amalgam Best Management Practices (BMP's)
The following BMP's shall be implemented and adhered to by all non- exempt Dental
Offices:
1. The discharge of waste (scrap) amalgam including but not limited to, dental amalgam from
chair -side traps, screens, vacuum pump filters, dental tools, cuspidors, or collection devices
must be discharged to the amalgam separator.
2. The cleaning of dental unit water lines, chair -side traps and vacuum lines using materials that
are oxidizing or acidic, including but not limited to, bleach, chlorine, iodine and peroxide or
any cleaners that have a pH lower than 6 or greater than 8 is prohibited.
3. The use of an autoclave to heat or disinfect dental amalgam is prohibited.
4. All employees who handle amalgam waste are to be trained in the proper handling,
management and disposal of mercury containing material. Document training for each
employee and retain training records for review by the City's staff.
5. Store amalgam waste, dry, in a properly labeled, air -tight container for pick-up by a waste
hauler/recycler licensed to handle mercury containing waste.
6. Obtain documentation that the waste hauler/recycler is licensed and is disposing mercury
containing waste appropriately.
7. Each office must inspect amalgam separator(s) in accordance with the manufacturer's
operating manual and document all inspections.
8. Non-functioning units shall be repaired or replaced no later than ten business days after
malfunction is discovered and repair/replacement documented.
9. Sink traps and associated plumbing that may have received amalgam waste shall be
cleaned or replaced and sludge collected from such shall be disposed of in the same
manner as other amalgam waste.
10.Contact the City's Industrial Pretreatment Coordinator with any questions at (406) 758-7817.
Page 74 of 74