§ 30-125. Pretreatment requirement and standards.

(a)

If any waters or wastes are discharged or are proposed to be discharged to the municipal sewer system which contain the substance or possess the characteristics enumerated in section 30-124, and which, in the judgment of the director, may have a deleterious effect upon the sewage treatment works, sewage treatment process, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the director may:

(1)

Reject the wastes;

(2)

Require pretreatment to an acceptable condition for discharge; or

(3)

Require control over the quantities and rates of discharge.

(b)

In addition to civil and criminal liability, any person violating any of the provisions of the wastewater discharge permit of this article or causing damage to or otherwise inhibiting the unified government wastewater disposal system shall be liable to the unified government for any expense, loss, or damage caused by such violation or discharge. The unified government shall bill the person for the costs incurred by the unified government for any cleaning, repair, or replacement work caused by the violation or discharge. Refusal to pay the assessed costs shall constitute a separate violation of this article.

(c)

Any person notified of a suspension of the wastewater treatment service or the wastewater discharge permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the director shall take such steps as deemed necessary to prevent or minimize damage to the municipal sewer system or endangerment to any individuals. If deemed necessary by the director, the unified government may immediately terminate the sewer connection referenced in the notice. The unified government shall reinstate the wastewater discharge permit or the wastewater treatment service upon proof of the elimination of the noncomplying discharge and payment of any costs incurred by the unified government.

(d)

If the director permits the pretreatment or equalization of waste flows, the design and installation of the plants or equipment shall be subject to the review and approval of the director. Plans and specifications shall be submitted for review and approval of the director prior to beginning any building or construction, and subject to the requirements of all applicable local, state and federal laws, regulations, codes and ordinances. Where pretreatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at such owner's expense.

(e)

Upon the promulgation of the federal categorical pretreatment standards for a particular industrial subcategory, the federal standard, if more stringent than limitation imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter. The director shall notify in writing all affected users of the applicable reporting requirements. The national categorical standards are available at 40 CFR 401—471, or as amended.

(f)

State requirements and limitations on discharge shall apply in any case where they are more stringent than federal standards or the requirements and limitations in this article.

(g)

The director may permit certain wastewater discharges to a combined sewer or storm drainage system. This does not alleviate any obligation of the sewer user to comply with applicable state and federal regulations concerning discharge of wastewaters to waters of the state.

(Code 1988, § 30-174; Ord. No. O-46-05, § 1, 6-2-2005)