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8-4-1: GENERAL PROVISIONS:
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This section is included in your selections.

This chapter sets forth uniform requirements for users of the publicly owned treatment works for the St. George regional water reclamation facility and enables the city of St. George to comply with all applicable state and federal laws, including the Clean Water Act (33 USC section 1251 et seq.), the General Pretreatment Regulations (title 40 of CFR part 403), and the UAC R317-8-8. This chapter shall apply to all users of the publicly owned treatment works. This chapter authorizes the issuance of individual wastewater discharge permits; authorizes monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. The objectives of this chapter are:

A. To prevent the introduction of pollutants into the publicly owned treatment works that will interfere with its operation or contaminate the resulting sludge;

B. To prevent the introduction of pollutants into the publicly owned treatment works that will pass through the publicly owned treatment works, inadequately treated, into receiving waters, the atmosphere, or otherwise be incompatible with the publicly owned treatment works;

C. To ensure that the quality of the wastewater treatment plant sludge is maintained at a level which allows its use and disposal in compliance with applicable statutes and regulations found in 40 CFR part 503;

D. To protect both publicly owned treatment works personnel who may be affected by wastewater and sludge in the course of their employment, and the general public;

E. To promote reuse and recycling of wastewater and sludge from the publicly owned treatment works;

F. To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the publicly owned treatment works; and

G. To enable SGRWRF to comply with its Utah pollutant discharge elimination system permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the publicly owned treatment works is subject. (Ord. 2016-11-005, 11-10-2016)

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Except as otherwise provided herein, the St. George wastewater division manager (hereinafter “manager”) shall administer, implement, and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the manager may be delegated by the manager to a duly authorized St. George regional water reclamation facility employee. (Ord. 2016-11-005, 11-10-2016)

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The following abbreviations, when used in this chapter, shall have the designated meanings:

BMP

Best management practice

BMR

Baseline monitoring report

BOD

Biochemical oxygen demand

CFR

Code of federal regulations

COD

Chemical oxygen demand

DWQ

State of Utah, Department of Environmental Quality, Division of Water Quality

EPA

U.S. Environmental Protection Agency

FOG

Fats, oils and grease

FOGS

Fats, oils, grease and soil

gpd

Gallons per day

IU

Industrial user

mg/l

Milligrams per liter

POTW

Publicly owned treatment works

RCRA

Resource conservation and recovery act

SGRWRF

St. George regional water reclamation facility

SIU

Significant industrial user

TSS

Total suspended solids

UPDES

Utah pollutant discharge elimination system

USC

United States code

(Ord. 2016-11-005, 11-10-2016)

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Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated:

ACT OR THE ACT: The federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC section 1251 et seq., and any subsequent amendments thereto.

APPROVAL AUTHORITY: The state of Utah, Department of Environmental Quality, Division of Water Quality (DWQ), or its successor agency.

AUTHORIZED OR DULY AUTHORIZED REPRESENTATIVE OF THE USER:

A. If the user is a corporation:

1. The president, secretary, treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation; or

2. The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility, and is authorized to sign documents on behalf of the corporation in accordance with corporate procedures, and where the manager has the duty to:

(a) Make major capital investment recommendations;

(b) Initiate and direct other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; or

(c) Ensure that necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements.

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

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

D. The individuals described in subsections A through C of this definition, 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 manager.

BEST MANAGEMENT PRACTICES OR BMP: The schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in subsections 8-4-2-1A and B of this chapter. BMPs include, but are not limited to, treatment requirements, operating procedures and practices to control plant site runoff, spillage, leaks, sludge, waste disposal, or drainage from raw materials storage. BMPs may be developed by the pretreatment program as a local limit to control discharges from SIU as needed.

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

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

CATEGORICAL INDUSTRIAL USER OR CIU: An industrial user subject to a categorical pretreatment standard or categorical standard.

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 USC section 1317), that apply to a specific category of users, and that appear in 40 CFR chapter I, subchapter N, parts 405 – 471.

CHEMICAL OXYGEN DEMAND OR COD: A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.

CITY: The city of St. George, state of Utah.

COLOR: The optical density at the visual wavelength of maximum absorption, relative to distilled water. One hundred percent (100%) transmittance is equivalent to zero (0.0) optical density.

COMPOSITE SAMPLE: The samples resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time, to minimize the effect or the variability of the individual samples. This sampling should be in accordance with 40 CFR part 403, appendix E, subpart I – Composite Method.

CONTROL AUTHORITY: The St. George regional water reclamation facility or SGRWRF.

DAILY MAXIMUM: The arithmetic average of all effluent samples for a pollutant collected during a calendar day.

DAILY MAXIMUM LIMIT: The maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

ENVIRONMENTAL PROTECTION AGENCY OR EPA: The U.S. Environmental Protection Agency or, where appropriate, the regional water management division director, the regional administrator, or other duly authorized official of said agency.

EXISTING SOURCE: Any source of discharge that is not a “new source.”

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.

HAZARDOUS WASTE: Waste as defined in 40 CFR section 261.3, incorporated herein and made a part hereof.

INDIRECT DISCHARGE OR DISCHARGE: The introduction of pollutants into the POTW from any nondomestic source which is regulated under section 307(b), (c) or (d) of the act (including septage waste discharged into the POTW).

INSTANTANEOUS LIMIT: The maximum or minimum concentration (or load) of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete, grab or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

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; therefore, it is a violation of SGRWRF’s UPDES permit, or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations, including, but not limited to (A) section 405 of the Act; (B) the Solid Waste Disposal Act, including Title II commonly referred to as the RCRA; (C) any state regulations contained in any state sludge management plan prepared pursuant to subtitle D of the Solid Waste Disposal Act; (D) the Clean Air Act; (E) the Toxic Substances Control Act; and (F) the Marine Protection, Research, and Sanctuaries Act.

LOCAL LIMIT: Specific discharge limits developed to protect the POTW in accordance with 40 CFR section 403.5 and enforced by SGRWRF upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in subsections 8-4-2-1A and B of this chapter. The technically based local limits and development documents are kept on file at the SGRWRF office and can be reviewed if requested.

MANAGER: The person designated by the city to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this chapter. “Manager” also means a duly authorized representative of the manager.

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.

MONTHLY AVERAGE: The sum of all “daily discharges” measured during a calendar month divided by the number of “daily discharges” measured during that month.

MONTHLY AVERAGE LIMIT: The highest allowable average of “daily discharges” over a calendar month, calculated as the sum of all “daily discharges” measured during a calendar month, divided by the number of “daily discharges” measured during that month.

NEW SOURCE:

A. Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed 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:

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

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

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

B. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection A2 or A3 of this definition but otherwise alters, replaces, or adds to existing process or production equipment.

C. Construction of a new source as defined herein has commenced if the owner or operator has:

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

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

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

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

NONCONTACT COOLING WATER: Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

PASS-THROUGH: A discharge which exits the POTW into waters of the state 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 SGRWRF’s UPDES permit, including an increase in the magnitude or duration of a violation.

PERSON: Any individual, partnership, copartnership, firm, company, corporation, limited liability company, 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.

pH: A measure of the acidity or basicity of a solution, expressed in standard units.

POLLUTANT: Any pollutant, including, but not limited to, dredged spoils; 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, TSS, turbidity, color, BOD, COD, toxicity, or odor).

PRETREATMENT: The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties, in wastewater, prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by a) physical, chemical, or biological processes; b) process changes; or c) other means. Pretreatment cannot be obtained by diluting the concentration of the pollutants, unless allowed by an applicable pretreatment standard.

PRETREATMENT COORDINATOR: The person designated by SGRWRF to coordinate the SGRWRF pretreatment program, charged with certain duties and responsibilities under this chapter as directed and delegated by the manager. A technically skilled position, the pretreatment coordinator, or his or her designee, performs surveillance, administrative duties, and related work in monitoring compliance, and is a liaison with IUs of the SGRWRF.

PRETREATMENT STANDARDS OR STANDARDS: Pretreatment standards shall mean any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the act, which applies to IUs, which includes, but is not limited to, prohibited discharge standards, categorical pretreatment standards, and local limits.

PROHIBITED DISCHARGE STANDARDS OR PROHIBITED DISCHARGES: Absolute prohibitions against the discharge of certain substances; these prohibitions appear in section 8-4-2-1 of this chapter.

PUBLICLY OWNED TREATMENT WORKS OR POTW: A treatment works, as defined by section 212 of the Act (33 USC section 1292), which is owned by the SGRWRF. 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. It also includes sewers, pipes and other conveyances if they convey wastewater to a POTW. The term also means the municipality as defined in section 502(4) of the Act, which has jurisdiction over the indirect discharges to, and the discharges from, such a treatment works.

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

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

SIGNIFICANT INDUSTRIAL USER (SIU): Except as provided in subsection C of this definition, a significant industrial user is:

A. An industrial user subject to categorical pretreatment standards; or

B. An industrial user that:

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

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

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

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

SLUG LOAD OR SLUG DISCHARGE: Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in section 8-4-2-1 of this chapter. A slug discharge is any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass-through, or in any other way violates the POTW’s regulations, local limits or permit conditions.

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

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

UPSET: Any exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. 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.

USER, OR INDUSTRIAL USER, OR IU: A source of indirect discharge.

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

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

WATERS OF THE STATE1: All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, which are contained within, flow through, or border upon this state or any portion thereof. Waters of the state does not include bodies of water confined to, and retained within, the limits of private property, and which do not develop into or constitute a nuisance, or a public health hazard, or a menace to fish and wildlife. (Ord. 2016-11-005, 11-10-2016)

1UCA section 19-5-102.