TITLE 18

WATER AND SEWERS Refuse disposal: title 17.

CHAPTER

1.  WATER AND SEWER SYSTEM ADMINISTRATION.

2.  WASTEWATER REGULATIONS.

3.  CROSS CONNECTIONS, AUXILIARY INTAKES, ETC.

4.  INDUSTRIAL PRETREATMENT PROGRAM AND ENFORCEMENT RESPONSE PLAN.

CHAPTER 1

SECTION

18-101.  Application and scope.

18-102.  Definitions.

18-103.  Application and contract for service.

18-104.  Service charges for temporary service.

18-105.  Connection charges.

18-106.  Water and sewer main extensions.

18-107.  Water and sewer main extension variances.

18-108.  Meters.

18-109.  Meter tests.

18-110.  Multiple services through a single meter.

18-111.  Customer billing and payment policy.

18-112.  Termination or refusal of service.

18-113.  Termination of service by customer.

18-114.  Access to customers' premises.

18-115.  Inspections.

18-116.  Customer's responsibility for system's property.

18-117.  Customer's responsibility for violations.

18-118.  Supply and resale of water.

18-119.  Unauthorized use of or interference with water supply.

18-120.  Limited use of unmetered private fire line.

18-121.  Damages to property due to water pressure.

18-122.  Liability for cutoff failures.

18-123.  Restricted use of water.

18-124.  Interruption of service.

18-125.  Schedule of rates.

18-101.  Application and scope. The provisions of this chapter are a part of all contracts for receiving water and sewer service from the city and shall apply whether the service is based upon contract, agreement, signed application, or otherwise.

18-102.  Definitions. (1) "Customer" means any person, firm, or corporation who receives water and/or sewer service from the city under either an express or implied contract.

(2) "Service line" shall consist of the pipe line extending from any water or sewer main of the city to private property. Where a meter and meter box are located on private property, the service line shall be construed to include the pipe line extending from the city's water main to and including the meter and meter box.

(3) "Dwelling" means any single structure, with auxiliary buildings, occupied by one or more persons or households for residential purposes.

(4) "Premise" means any structure or group of structures operated as a single business or enterprise, provided, however, the term "premise" shall not include more than one (1) dwelling.

The receipt of a prospective customer's application for service, shall not obligate the city to render the service applied for. If the service applied for cannot be supplied in accordance with the provisions of this chapter, the liability of the city to the applicant shall be limited to the return of any deposit made by such applicant.

Before a new water or sewer service line will be laid by the city, the applicant shall pay a nonrefundable connection charge of an amount to be set by resolution of the city council for water and $425.00 for sewer.

When a service line is completed, the city shall be responsible for the maintenance and upkeep of such service line from the main to and including the meter and meter box, and such portion of the service line shall belong to the city. The remaining portion of the service line beyond the meter box (or property line, in the case of sewers) shall belong to and be the responsibility of the customer.

18-106.  Water and sewer main extensions. Persons desiring water and/or sewer main extensions must pay all of the cost of making such extensions.

All such extensions shall be installed either by city forces or by other forces working directly under the supervision of the city in accordance with plans and specifications prepared by an engineer registered with the State of Tennessee.

Upon completion of such extensions and their approval by the city, such water and/or sewer mains shall become the property of the city, however the developer(s) shall be responsible for line maintenance for one (1) year following completion of an extension. The persons paying the cost of constructing such mains shall execute any written instruments requested by the city to provide evidence of the city's title to such mains. In consideration of such mains being transferred to it, the city shall incorporate said mains as an integral part of the municipal water and sewer systems and shall furnish water and sewer service therefrom in accordance with these rules and regulations, subject always to such limitations as may exist because of the size and elevation of the mains.

18-107.  Water and sewer main extension variances. Whenever the city council is of the opinion that it is to the best interest of the city and its inhabitants to construct a water and/or sewer main extension without requiring strict compliance with the preceding section, such extension may be constructed upon such terms and conditions as shall be approved by the city council.

The authority to make water and/or sewer main extensions under the preceding section is permissive only and nothing contained therein shall be construed as requiring the city to make such extensions or to furnish service to any person or persons.

No one shall do anything which will in any way interfere with or prevent the operation of a meter. No one shall tamper with or work on a water meter without the written permission of the city. No one shall install any pipe or other device which will cause water to pass through or around a meter without the passage of such water being registered fully by the meter.

In testing meters, the water passing through a meter will be weighed or measured at various rates of discharge and under varying pressures. To be considered accurate, the meter registration shall check with the weighed or measured amounts of water within the percentage shown in the following table:

Meter Size Percentage

5/8", 3/4", 1", 2", 3", 4", 6" 2%

The city will also make tests or inspections of its meters at the request of the customer. However, if a test required by a customer shows a meter to be accurate within the limits stated above, the customer shall pay a meter testing charge in the amount stated in the following table:

Meter Size Test Charge

5/8", 3/4", 1" $10.00

1-1/2", 2" Actual cost

3" Actual cost

4" Actual cost

6" and over Actual cost

If such test show a meter not to be accurate within such limits, the cost of such meter test shall be borne by the city.

Where the city allows more than one dwelling or premise to be served through a single service line and meter, the amount of water used by all the dwellings and premises served through a single service line and meter shall be allocated to each separate dwelling or premise served. The water and charges for each such dwelling or premise thus served shall be computed just as if each such dwelling or premise had received through a separately metered service the amount of water so allocated to it, such computation to be made at the city's applicable water schedule, including the provisions as to minimum bills. The separate charges for each dwelling or premise served through a single service line and meter shall then be added together, and the sum thereof shall be billed to the customer in whose name the service is supplied.

Payment must be received in the water and sewer department no later than 5:00 P.M. on the due date. If the due date falls on Saturday, Sunday, or a holiday, net payment will be accepted if paid on the next business day no later than 5:00 P.M.

If a meter fails to register properly, or if a meter is removed to be tested or repaired, or if water is received other than through a meter, the city reserves the right to render an estimated bill based on the best information available.

(a) These rules and regulations, including the nonpayment of bills.

(b) The customer's application for service.

(c) The customer's contract for service.

The right to discontinue service shall apply to all water and sewer services received through collective single connections or services, even though more than one (1) customer or tenant is furnished services therefrom, and even though the delinquency or violation is limited to only one such customer or tenant.

(2) Termination of service. Reasonable written notice shall be given to the customer before termination of water service according to the following terms and conditions:

(a) Written notice of termination (cut-off) shall be given to the customer at least five (5) days prior to the scheduled date of termination. The cut-off notice shall specify the reason for the cut-off, and

(i) The amount due, including other charges.

(ii) The last date to avoid service termination.

(iii) Notification of the customer's right to a hearing prior to service termination.

(b) In the case of termination for nonpayment of bills, the employee carrying out the termination procedure will attempt before disconnecting service to contact the customer at the premises in a final effort to collect payment and avoid termination.

(c) Hearings for service termination, including for nonpayment of bills, will be held by appointment at the company office between the hours of 8:00 A.M. and 5:00 P.M. on any business day.

(d) If a customer does not request a hearing, or, in the case of nonpayment of a bill, does not makes payment of the bill, or does not otherwise correct the problem that resulted in the notice of termination in a manner satisfactory to the water and sewer department, the same shall proceed on schedule with service termination.

(e) Service termination for any reason shall be reconnected only after the payment of all charges due or satisfactory arrangements for payment have been made, or the correction of the problem that resulted in the termination of service in a manner satisfactory to the water and sewer department, plus the payment of a reconnection charge of $25.00 if the reconnection is made during regular business hours, or payment of the actual costs if the reconnection is made after regular business hours.

When service is being furnished to an occupant of premises under a contract not in the occupant's name, the city reserves the right to impose the following conditions on the right of the customer to discontinue service under such a contract:

(1) Written notice of the customer's desire for such service to be discontinued may be required; and the city shall have the right to continue such service for a period of not to exceed ten (10) days after receipt of such written notice, during which time the customer shall be responsible for all charges for such service. If the city should continue service after such ten (10) day period subsequent to the receipt of the customer's written notice to discontinue service, the customer shall not be responsible for charges for any service furnished after the expiration of the ten (10) day period.

(2) During the ten (10) day period, the occupant of premises to which service has been ordered discontinued by a customer other than such occupant, may be allowed by the city to enter into a contract for service in the occupant's own name upon the occupant's complying with these rules and regulations with respect to a new application for service.

Any failure to inspect or reject a customer's installation or plumbing system shall not render the city liable or responsible for any loss or damage which might have been avoided had such inspection or rejection been made.

All private fire hydrants shall be sealed by the city, and shall be inspected at regular intervals to see that they are in proper condition and that no water is being used therefrom in violation of these rules and regulations. When the seal is broken on account of fire, or for any other reason, the customer taking such service shall immediately give the city a written notice of such occurrence.

(1) After receipt of at least ten (10) days' written notice to cut off water service, the city has failed to cut off such service.

(2) The city has attempted to cut off a service but such service has not been completely cut off.

(3) The city has completely cut off a service but subsequently the cutoff develops a leak or is turned on again so that water enters the customer's pipes from the city's main.

Except to the extent stated above, the city shall not be liable for any loss or damage resulting from cutoff failures. If a customer wishes to avoid possible damage for cutoff failures, the customer shall rely exclusively on privately owned cutoffs and not on the city's cutoff. Also, the customer (and not the city) shall be responsible for seeing that his plumbing is properly drained and is kept properly drained, after his water service has been cut off.

In connection with the operation, maintenance, repair, and extension of the municipal water and sewer systems, the water supply may be shut off without notice when necessary or desirable, and each customer must be prepared for such emergencies. The city shall not be liable for any damages from such interruption of service or for damages from the resumption of service without notice after any such interruption.

CHAPTER 2

SECTION

18-201.  Purpose and policy.

18-202.  Definitions.

18-203.  Abbreviations.

18-204.  Use of public sewers required.

18-205.  Private wastewater disposal.

18-206.  Building sewers and connections.

18-207.  Use of public sewers.

18-208.  Limits for metals and other objectionable or toxic wastes.

18-209.  Powers and authority of inspectors.

18-210.  Administration.

18-211.  Fees and charges.

18-212.  Penalties.

18-213.  Schedule of rates.

18-201.  Purpose and policy. This chapter sets forth uniform requirements for direct and indirect discharges into the Lenoir City wastewater collection and treatment system and enables the city to comply with all applicable state and federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations (40 CFR Part 403).

The objectives of this chapter are:

(1) To prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the system or contaminate the resulting sludge;

(2) To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into receiving water or the atmosphere or otherwise be incompatible with the system;

(3) To improve the opportunity to recycle and reclaim wastewaters and sludges from the system;

(4) To provide for equitable distribution of the cost of the municipal wastewater system;

(5) To enable Lenoir City to comply with its National Pollutant Discharge Elimination System (NPDES) permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the Publicly Owned Treatment Works (POTW) is subject; and

(6) To protect POTW personnel who may be affected by wastewater and sludge in the course of their employment and to protect the general public.

This chapter provides for the regulation of direct and indirect discharges to the municipal wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting, assumes that existing customer's capacity will not be preempted, and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

This chapter shall apply to Lenoir City and to persons outside the city who are, by contract or agreement with the city, users of the city POTW. Except as otherwise provided herein, the manager of the Lenoir City Utilities Board or a person designated by said manager to be his representative shall administer, implement, and enforce the provision of this chapter. (Ord. dated Nov. 1991)

18-202.  Definitions. Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated:

(1) "Act" or "the Act" - The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et. seq.

(2) "Approval authority" - The director in an NPDES state with an approved state pretreatment program and the Administrator of the EPA in a non-NPDES state or NPDES state without an approved state pretreatment program.

(3) "Authorized representative of industrial user" - An authorized representative of an industrial user may be:

(a) A principal executive officer of at least the level of vice president, if the industrial user is a corporation;

(b) A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively;

(c) A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.

(4) "BOD" - (denoting biochemical oxygen demand) Shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 degrees C, expressed in milligrams per liter.

(5) "Building drain" - Shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall.

(6) "Building sewer" - Shall mean the extension from the building drain to the public sewer or other place of disposal.

(7) "Categorical standards" - National Categorical Pretreatment Standards or Pretreatment Standard.

(8) "Categorical industry" - An industry which discharges pollutants for which EPA categorical pretreatment standards are applicable, promulgated and enforceable.

(9) "Chemical oxygen demand or (COD)" - of sewage, sewage effluent, polluted waters or industrial wastes is a measure of the oxygen equivalent of that portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant.

(10) "City" - The Lenoir City Utilities Board or the City Council of Lenoir City.

(11) "Combined sewer" - Shall mean a sewer receiving both surface runoff and sewage.

(12) "Compatible pollutant" - Shall mean BOD, suspended solids, pH, and fecal coliform bacteria, and such additional pollutants including those identified in the publicly owned treatment work's NPDES permit, where the publicly owned treatment work is capable of treating such pollutants and, in fact, does treat such pollutants to the degree required by the POTW's NPDES permit.

(13) "Control authority" - The term "control authority" shall refer to the approval authority, defined herein above; or the Lenoir City Utilities Board.

(14) "Conventional pollutants" - Shall mean those pollutants normally found in domestic wastewater.

(15) "Cooling water" - The water discharged from any use such as air conditioning, cooling or refrigeration, to which the only pollutant added is heat.

(16) "Direct discharge" - The discharge of treated or untreated wastewater directly to the waters of the State of Tennessee.

(17) "Easement" - Shall mean an acquired legal right for the specific use of land owned by others.

(18) "Environmental Protection Agency, or EPA" - The U.S. Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the administrator or other duly authorized official of said agency.

(19) "Equipment" - Shall mean all movable, non-fixed items necessary to the wastewater treatment process.

(20) "Floatable oil" - Is oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable oil if it is properly pretreated and the wastewater does not interfere with the proper operation of the collection system.

(21) "Garbage" - Shall mean solid wastes from the domestic and commercial preparations, cooking and dispensing of food, and from the handling, storage and sale of produce.

(22) "Grab sample" - A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.

(23) "Holding tank waste" - Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.

(24) "Incompatible pollutant" - Shall mean any pollutant which is not a "compatible pollutant" as defined in this section.

(25) "Indirect discharge" - The discharge or the introduction of non-domestic pollutants from any source regulated under Section 307(b) or (c) of the Act, (33 U.S.C. 1317), into the Publicly Owned Treatment Works (including holding tank waste discharged into the system).

(26) "Industrial pretreatment" - Shall mean any necessary treatment processes performed on the industrial wastes by the industrial user prior to discharge into the public sewers in accordance with federal, state and local regulations.

(27) "Industrial user" - Shall mean any individual, firm, company, association, society, corporation, or group involved in industrial manufacturing processes, trade, or business which discharges waste into the sanitary sewers.

(28) "Industrial wastes" - Shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from domestic or sanitary waste.

(29) "Inhibition" - Shall mean any pollutant which might impair, effectively reduce, or terminate the biological process and/or biological operation of the sewage treatment plant.

(30) "Interference" - The inhibition or disruption of the municipal wastewater treatment processes or operations which contribute to a violation of any requirements of the Lenoir City's NPDES permit. The term includes prevention of the sewage sludge use or disposal by the Publicly Owned Treatment Works in accordance with 405 of the Act, (33 U.S.C. 1345) or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the municipal wastewater treatment system.

(31) "Manager" - The person designated by the city to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this chapter, or his duly authorized representative.

(32) "May" - Is permissive; "shall" is mandatory.

(33) "Monitoring" - Shall mean any method of sampling and analyzing of industrial waste discharged into the sanitary sewer by industrial users, employed by the city to enforce industrial pretreatment regulations.

(34) "Multi-unit sewer consumer" - Is defined as any location served where there are more than two residential units or apartments, two or more businesses in the same building or complex, or where there is any combination of business and residence in the same building or complex.

(35) "National categorical pretreatment standard or pretreatment standard" - Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of industrial users and which appear in 40 Code of Federal Regulations Chapter 1, Subchapter N, Parts 405-471.

(36) "National pollutant discharge elimination system or NPDES permit" - A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342).

(37) "National prohibitive discharge standard or prohibitive discharge standard" - Any regulation developed under the authority of 307(b) of the Act and 40 CFR, Section 403.5.

(38) "Natural outlet" - Shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.

(39) "New source" - Any source, the construction of which is commenced after the publication of proposed regulations prescribing a Section 307(c) (33 U.S.C. 1317) categorical pretreatment standard which will be applicable to such source, if such standard is thereafter promulgated within 120 days of proposal in the federal register. Where the standard is promulgated later than 120 days after proposal, a new source means any source, the construction of which is commenced after the date of promulgation of the standard.

(40) "Non-contact cooling water" - Water used to reduce temperature which does not come into direct contact with any raw material, intermediate product, waste product (other than heat), or finished product.

(41) "Notification" - Where, under provisions of this chapter, notification is required, the city's obligation for such notification shall be fulfilled when notification is mailed by registered mail to the last known address of the user. It shall be the responsibility of the user to receive the registered mail. It shall be the responsibility of the user to notify the manager of any change of address.

(42) "Operation and maintenance expenses" - Shall mean all annual operation and maintenance expenses, including replacement, related directly to operating and maintaining the sewage works as shown by annual audit.

(43) "Pass through" - Shall mean any pollutant which enters the sewage works and is not totally removed before entering the receiving stream.

(44) "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. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.

(45) "pH" - The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.

(46) "Pollutant" - Any dredge spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical substances, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water.

(47) "Pollution" - The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.

(48) "POTW treatment plant" - That portion of the POTW designed to provide treatment to the wastewater.

(49) "Pretreatment or treatment" - The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, process changes, or by other means, except as prohibited by 40 CFR, Section 403.6 (d).

(50) "Pretreatment requirements" - Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed.

(51) "Priority pollutants" - Shall mean toxic pollutants identified by EPA as having the greatest potential to harm human health or the environment.

(52) "Properly shredded garbage" - Shall mean the waste from the preparation, cooking, and dispensing of food that has been shredded to such a degree that all particles will be freely carried under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2) inch (1.27 centimeters) in any dimension.

(53) "Publicly Owned Treatment Works (POTW)" - A treatment works as defined by Section 212 of the Act, (33. U.S.C. 1292) which is owned in this instance by the utility. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of the regulation, "POTW" shall also include any sewers that convey wastewater to the POTW from persons outside the city who are, by contract or agreement with the LCUB, users of the LCUB's POTW.

(54) "Public sewer" - Shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

(55) "Receiving stream" - Shall mean the natural stream or watercourse that accepts the discharge from the sewage treatment plant.

(56) "Replacement" - Shall mean expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the service life of the treatment works to maintain the capacity and performance for which such works were designed and constructed.

(57) "Sanitary sewer" - Shall mean a sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted.

(58) "Sewage" - Shall mean a combination of the water-carried waste from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and stormwaters as may be present.

(59) "Sewage works" - Shall mean all facilities for collecting, transporting, pumping, treating, and disposing of sewage and sludge, namely the sewerage system and wastewater treatment plant.

(60) "Sewer" - Shall mean a pipe or conduit that carries wastewater or drainage water.

(61) "Sewer charges" - Shall be comprised of the user charge and a separate amount for debt service. User charges shall mean a system of charges levied on users of a treatment works for the cost of operation and maintenance (including replacement) of such works. In addition, each user shall pay an amount sufficient to pay principal and interest (debt service) on any revenue bonds, payable from the revenues of the sewage works, proportional to the equipment and real property necessary for wastewater treatment for each user.

(62) "Sewerage system" - Shall mean the network of sewers and appurtenances used for collecting, transporting, and pumping sewage to the wastewater treatment plant.

(63) "Shall" - is mandatory; "May" - is permissive.

(64) "Significant industrial user" - A significant industrial user shall be as defined in 40 CFR 403.3(t). Except as provided in CFR 403.3(t) (2), the term significant industrial user means:

(a) All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter 1, Subchapter N; and

(b) Any other industrial user that discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, non-contact cooling and boiler blowdown wastewater); discharges a process wastestream which makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant or is designated as such by the control authority as defined in 40 CFR 403.12(a) on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement (in accordance with 40 CFR 403.8(f)(6)).

(65) "Slug" - Shall mean any discharge of water, sewage, or industrial waste which, in concentration of any given constituent or in quantity of flow, exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentrations of flows during normal operation or any discharge of whatever duration that causes the sewer to overflow or back up in an objectionable way or any discharge of whatever duration that interferes with the proper operation of the wastewater treatment facilities or pumping stations.

(66) "Standard Industrial Classification (SIC)" - A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1987.

(67) "Standard methods" - shall mean the examination and analytical procedures set forth in the most recent edition of "Standard Methods for the Examination of Water and Wastewater", published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation and as set forth in the Code of Federal Regulations 40 CFR 136.

(68) "State" - State of Tennessee.

(69) "Storm drain" (sometimes termed "storm sewer") - Shall mean a drain or sewer for conveying water, groundwater, surface water, or unpolluted water from any source.

(70) "Storm water" - Any flow occurring during or following any form of natural precipitation and resulting therefrom.

(71) "Strength of wastes surcharge" - Shall mean the extra user charges for sewerage service assessed users whose sewage is of such a nature that it imposes upon sewage works a burden greater than that covered by the basic user charge.

(72) "Surcharge" - Shall mean a charge for sewerage services in addition to the basic user and debt service charges.

(73) "Suspended solids" - Shall mean solids that either float on the surface of or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.

(74) "Toxic pollutant" - Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the Environmental Protection Agency under the Provision of CWA (307(a)) or other Acts.

(75) "Unpolluted water" - Is water of quality equal to or better than the treatment works effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided.

(76) "User" - Any person who discharges, causes, or permits the discharge of wastewater into the utility's POTW.

(77) "Violation" - Failure to comply with any local, state and/or federal regulation pursuant to the Act.

(78) "Wastewater" - The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, whether treated or untreated, which is discharged into or permitted to enter the POTW.

(79) "Wastewater discharge permit - As set forth in § 18-206 and § 18-210 of this chapter.

(80) "Wastewater facilities - Shall mean the structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and dispose of the effluent.

(81) "Wastewater treatment works" - Shall mean an arrangement of devises and structures for treating wastewater, industrial wastes, and sludge. Sometimes used as synonymous with "waste treatment plant" or "wastewater treatment plant" or "waste pollution control plant" or "sewage treatment plant".

(82) "Watercourse" - Shall mean a natural or artificial channel for the passage of water either continuously or intermittently.

(83) "Waters of the state" - All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the state or any portion thereof. (Ord. dated Nov. 1991)

18-203.  Abbreviations.

BOD - Biochemical Oxygen Demand.

CFR - Code of Federal Regulations.

COD - Chemical Oxygen Demand.

EPA - Environmental Protection Agency.

l - Liter.

mg - Milligrams.

mg/l - Milligrams per liter.

NPDES - National Pollutant Discharge Elimination System.

POTW - Publicly Owned Treatment Works.

SIC - Standard Industrial Classification.

SWDA - Solid Waste Disposal Act.

TDEC - Tennessee Department of Environment and Conservation.

TSS - Total Suspended Solids.

USC - United States Code.

(Ord. dated Nov. 1991)

18-204.  Use of public sewers required. (1) Mandatory sewer connection. (a) The owner(s) of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the city and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the city, is hereby required at the owner(s) expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter, within ninety (90) days after date of official notice by registered mail to do so, provided that said public sewer is within one hundred (100) feet (30.5 meters) of the property line.

(b) It shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater where public sanitary sewer service is available, as defined in § 18-204(1)(a) except as provided for in § 18-205(1)(b).

(c) At such time as a public sewer becomes available to a property served by a private wastewater disposal system, a direct connection shall be made to the public sewer system in compliance with this chapter, and any septic tanks, cesspools and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable materials.

(d) Metering the sewage. The city may require a user to install and maintain at his expense an approved device to measure and sample directly the volume and characteristics of waste discharged to the sewerage system. Any non-residential user whose monthly water consumption is 2,000 gallons or more may be required to install a meter. The city shall inspect and approve such installations and no such service, once installed, shall be removed without the city's approval.

(2) Unlawful discharge or disposal. (a) It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the boundaries of the city, or in any area under the jurisdiction of the city, any human or animal excrement, garbage, or other objectionable waste.

(b) It shall be unlawful to discharge to any natural outlet within the boundaries of the city or in any area under the jurisdiction of the city any sewage or polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter. No provision of this chapter shall be construed to relieve the owner of a discharge to any natural outlet of the responsibility for complying with applicable state and federal regulations governing such discharges.

(c) Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage if public sewer is available. (Ord. dated Nov. 1991)

18-205.  Private wastewater disposal. (1) Public sewer not available.

(a) Where a public sanitary sewer is not available under the provision of § 18-204(1)(a), the building sewer shall be connected, until the public sewer system is available, to a private wastewater disposal system complying with the provisions of the City of Lenoir City, State of Tennessee and Loudon County Health Department.

(b) Holders of NPDES permits excepted. Industries with current NPDES permits may discharge at permitted discharge points provided they are in compliance with the conditions of said permit. (Ord. dated Nov. 1991)

18-206.  Building sewers and connections. (1) Permits required.

(a) There shall be two (2) classes of building sewer permits:

(i) For residential and commercial service, and

(ii) For service to industrial establishments.

In either case, the owner(s) or his agent shall make application on a special form furnished by the city. Applicants for service to industrial establishments shall be required to furnish information about all waste-producing activities, wastewater characteristics and constituents. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the utility manager. Details regarding industrial permits include but are not limited to those required by § 18-207(7). Permit and inspection fees included in § 18-211 shall be paid to the city at the time the application is filed.

(b) No unauthorized person(s) shall uncover, plug or make, any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the manager.

(2) Separate and independent building sewers required. (a) A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the sewer from the front building may be extended to the rear building and the whole considered as one building sewer, but the city does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.

(b) Old building sewers may be used in connection with new buildings only when they are found, on examination and test, by the manager to meet all requirements of this chapter. Permit and inspection fee for new buildings using existing building sewers shall be the same as for new building sewers. If additional sewer consumers are added to the old building sewers, additional sewer tap fees shall be charged accordingly even though no new sewer tap is actually made in the city system.

(c) Extension of customer service lines from any point on the customer's side of the tap for delivery of waste from any location other than that of the customer in whose name the tap is registered shall not be permitted.

(d) The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the local and state building and plumbing codes and other applicable rules and regulations of the city. In the absence of local code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply.

(e) All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

(3) Inspection of sewer connections. (a) The applicant for the building sewer permit shall notify the manager when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the manager or his representative. All connections shall be made gas tight and water tight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the manager before installation.

(b) The owner shall ensure that all excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.

(c) In all buildings in which any sanitary facility drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by an approved means and discharged to the building sewer. Drain pipe and sump for collection of such sanitary drainage shall be above basement floor or in separately watertight or drained sump or channel.

(d) All persons working on city sewers with a cleaning rod must use an approved type rod in cleaning sewer connections to the city sewers.

(4) Prohibited connections. (a) No person shall make connection of roof downspouts, basement wall seepage or floor seepage, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. Any such connections which already exist on the effective date of this chapter shall be completely and permanently disconnected within sixty (60) days of the effective date of this chapter. The owner of any building sewers having such connections shall bear all costs incidental to removal of such sources. Pipes, sumps and pumps for such sources of ground and surface water shall be separate from wastewater facilities. Removal of such sources of water without presence of separate facilities shall be evidence of drainage to public sanitary sewer.

(b) No sanitary inlet which is lower than six (6) inches above the top of the highest of the two adjacent public sanitary sewer manholes shall be connected by direct drainage to the sanitary sewer except under the following condition:

(i) The user shall submit construction design drawings which indicate that wastewater will not flow out of any sanitary inlet into the building when the surface of wastewater in the sanitary sewer is 6 inches above the top of the highest of the two adjacent sanitary sewer manholes. (Ord. dated Nov. 1991)

18-207.  Use of the public sewers. (1) Compliance with local, state, and federal laws required. The discharge of any wastewater into the public sewer system by any person is unlawful except in compliance with the provisions of this chapter, and any more stringent state or federal standards promulgated pursuant to the Federal Water Pollution Control Act Amendments of 1972, the Clean Water Act of 1977, and subsequent amendments.

(2) Discharge of unpolluted waters into sewer prohibited.

(a) No person(s) shall discharge or cause to be discharged groundwater, roof runoff subsurface drainage, or cooling water to any sanitary sewer.

(b) Stormwater, groundwater, and all other drainage shall be discharged to such sewers as are specifically designated as storm sewers approved by the manager and other regulatory agencies.

(3) Substances which interfere with the operation or performance of the POTW are prohibited. No user shall discharge or cause to be discharged, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the POTW or any substance specifically prohibited by 40 CFR 403.5 (b). These general prohibitions apply to all such users of a POTW whether or not the user is subject to national categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements. A user shall not discharge the following substances to any POTW.

(a) Any liquids, solids or gases which, by reason of their nature or quantity, are or may be sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. At no time shall two successive. readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than five percent (5%) nor any single reading over ten percent (10%) of the Lower Explosive Limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substances which the city, the state, or EPA has notified the user is a fire hazard or a hazard to the system.

(b) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW, or to exceed the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307 (a) of the Act.

(c) Any waters or wastes having a pH lower than 6.0 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater works.

(d) Any pollutants, including oxygen demanding pollutants (BOD, etc.) released at a flow and/or pollutant concentration which a user knows or has reason to know will cause interference to the POTW. In no case shall a slug load have a flow rate or contain concentration or quantities of pollutants that exceed for any time period longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration, quantities, or flow during normal operation.

(e) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater facilities such as, but not limited to, ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshing, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders, spent lime, stone or marble dust, grass clippings, spent grains, spent hops, waste paper, gas, asphalt residues, residues from refining or processing of fuel or lubricating oil, or glass grinding or polishing wastes.

(f) Any wastewater with objectionable odor not removed in the treatment process.

(g) Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the POTW which exceeds 40 degrees C (104 degrees F).

(h) Any noxious or malodorous liquids, gases, or solids which, either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for their maintenance and repair.

(i) Any substance which may cause the POTW's effluent or any other product of the POTW such a residues, sludges, or scum, 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 sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or state criteria applicable to the sludge management method being used.

(j) Any substance which will cause the POTW to violate it's NPDES and/or state disposal system permit or the receiving water quality standards.

(k) Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the manager in compliance with applicable state or federal regulations.

(l) Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass-through.

(m) 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.

(n) Any trucked or hauled pollutants except at discharge points designated by the POTW.

(o) Any wastewater which causes a hazard to human life or creates a public nuisance.

(4) Pollutant discharge limits. The following described substances, materials, waters, or waste shall be limited in discharges to municipal systems to concentrations or quantities which will not harm either the sewers, wastewater treatment process, or equipment, will not have an adverse effect on the receiving stream, or will not otherwise endanger lives, limb, public property, or constitute a nuisance. The manager may set additional limitations or limitations lower than those established in the regulations below if in his opinion such more severe limitations are necessary to meet the above objectives. In forming his opinion as to the acceptability, the manager will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer which shall not be violated without written approval of the manager are as follows:

(a) Wastewater containing more than 25 milligrams per liter of petroleum oil, non-biodegradable cutting oils, or products of mineral oil origin.

(b) Wastewater from industrial plants containing floatable oils, fat, or grease.

(c) Any garbage that has not been properly shredded. Garbage grinders may be connected to sanitary sewers from homes. Garbage from motels, institutions, restaurants, groceries, hospitals, catering establishments, or similar places where garbage originates from the preparation of food for the purpose of consumption on or off the premises shall not be disposed in city sewers without written permission from the manager.

(d) Any waters or waste containing toxic pollutants to such degree that they inhibit or damage the wastewater treatment process, or tend to concentrate in the wastewater sludge to such a level that prevents the use of normal sludge disposal methods, or pass through the treatment process unremoved and at such concentration that causes a violation of effluent limitations or water quality standards which are or may be established by state and federal agencies having jurisdiction in this area. The manager may establish actual numerical limitations for such toxic or objectionable substances to accomplish this objective. The manager may also amend such numerical limitations as necessary to assure compliance with state and federal regulations.

(e) Any waters or waste containing odor-producing substances exceeding limits which may be established by the manager.

(f) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the manager in compliance with applicable state or federal regulations.

(g) Quantities of flow, concentrations, or both which constitute a "slug" as defined herein.

(h) Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

(i) Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes.

(j) Any water or waste which has characteristics based on a 24-hour composite sample, or a shorter period composite sample if more representative, which exceed the following normal maximum domestic wastewater parameter concentrations:

Parameter

BOD

COD

TSS

NH₃-N

TKN

Oil & Grease (Total)

Maximum Concentration

300 mg/l

750 mg/l

300 mg/l

20 mg/l

40 mg/l

100 mg/l

(5) Dilution to achieve pollutant limits is prohibited. No user shall ever increase the use of process water or, in any way, attempt to dilute discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the federal categorical pretreatment standards, or in any other pollutant specific limitation developed by the city or state. Dilution may be permitted to pretreatment of compatible wastes if provided for in said users permit.

(6) Grease, oil and sand interceptors. Grease, oil, and sand interceptors shall be provided when, in the opinion of the manager, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling bunks. All interceptors shall be of a type and capacity approved by the manager, and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors the owner(s) shall be responsible for the proper removal and disposal, by appropriate means, of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the manager. Any removal and hauling of the collected materials not performed by the owner(s) personnel must be performed by currently licensed waste disposal firms. Interceptors shall also comply with applicable regulations of the Loudon County Health Department.

(7) Special industrial pretreatment requirements. (a) Special industrial pretreatment requirements. Pursuant to the requirements imposed on publicly owned wastewater treatment works by the Federal Water Pollution Control Act Amendments of 1972 and later amendments, all pretreatment standards promulgated by the U.S. Environmental Protection Agency for new and existing industrial dischargers to public sewer systems are hereby made a part of this chapter. Any industrial waste discharge which violates these EPA pretreatment standards shall be in violation of this chapter.

(b) Upon the promulgation of the federal categorical pretreatment standard for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter. The manager shall notify all affected users of the applicable reporting requirements under 40 CFR, Section 403.12.

(c) Federal and state pretreatment requirements shall not prevent the city from establishing more stringent pretreatment standards which may be dictated by local conditions.

(d) Within sixty (60) days after the effective date of this chapter, all existing industrial users of the public sewer system shall complete an industrial waste questionnaire which may be obtained from the manager. Information to be furnished on the questionnaire shall include, but is not limited to, the following:

(i) Wastewater discharge peak rate and volume over a specified time period.

(ii) Chemical analyses of wastewaters.

(iii) Information on raw materials, processes, and products affecting wastewater volume and quality.

(iv) Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer use control.

(v) A plot plan of sewers on the user's property showing sewer and pretreatment facility locations.

(vi) Details of systems to prevent and control the losses of materials through spills to the public sewer.

All costs associated with completion of such questionnaires shall be borne by the industrial user. The manager may require resubmittal of completed, updated questionnaires from any industry on an annual basis, unless required more often by state and federal regulations.

(e) The manager shall require any significant industrial user to submit periodic analyses of wastewater characteristics to the city, for purposes of determining compliance with this chapter and/or state and federal regulations. The cost of such analyses and reporting to the city shall be borne by the industrial user.

(f) When required by the manager, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such structure, when required, shall be accessibly and safely located and shall be constructed in accordance with plans which have been approved by the manager. The structure shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.

(g) Where pretreatment or flow equalizing facilities are provided or required for any waters or waste, they shall be maintained continuously in satisfactory and effective operation by the owner(s) at his expense.

(h) All industrial users of the public sewer system are required to file a written notice with the manager of any proposed significant change in the volume, character, or constituents of their wastewater discharge. Such notice shall be filed at least ninety (90) days prior to the proposed change date.

(i) All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be in accordance with 40 CFR 403.12 (g)(4) and amendments thereto.

(j) Any person who transports septic tank, seepage pit, cesspool contents, liquid industrial waste, or other batch liquid waste and wishes to discharge such waste to the public sewer system shall first obtain a permit for such discharge from the manager. All persons receiving such permission shall abide by all applicable provisions of this chapter, and any other special provisions that may be established by the manager as necessary for the proper operation and maintenance of the sewerage system.

It shall be illegal to discharge any batch liquid waste into any manhole or other part of the public sewer system, or any building sewer or other facility that discharges to the public sewer system, except at designated points of discharge specified by the manager for such purposes.

Waste haulers who have been granted permission to discharge to the public sewer system shall pay fees for such discharge in accordance with a fee schedule established by the manager.

Nothing in this chapter shall relieve wastes haulers of the responsibility for compliance with Loudon County Health Department, state, or federal regulations.

(k) No statement contained in this chapter 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 provided applicable local, state and federal pretreatment regulations and the city's NPDES permit are not violated.

(l) Any new industry which cannot immediately comply with the applicable standards must submit to the manager, (and must obtain the approval of the manager), a schedule for compliance with said applicable standards.

(8) Protection from accidental discharge required.

(a) Each significant industrial user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this chapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the city for review, and shall be approved by the city before construction of the facility. No user who commences discharge to the POTW after the effective date of this chapter shall be permitted to introduce pollutants 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 industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this chapter. In the case of an accidental discharge, the user shall immediately telephone and notify the POTW of the incident. All notifications to the POTW by the user shall be made within 24 hours of the initial occurrence of the accidental discharge. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.

(b) Written notice. Within five (5) days following an accidental discharge, the user shall submit to the manager a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this chapter or other applicable law.

(c) Notice to employees. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure. (Ord. dated Nov. 1991)

18-208.  Limits for metals and other objectionable or toxic wastes. (1) Limits established by the city. The following protection criteria are established to comply with the general pretreatment regulations of 40 CFR Part 403. Maximum daily concentration shall be no greater than 1.5 times the monthly average concentration for all parameters:

Parameter

(a) Arsenic, total

(b) Barium, total

(c) Beryllium, total

(d) Cadmium, total

(e) Chloride, total

(f) Chromium, hexavalent

(g) Chromium, total

(h) Copper, total

(i) Cyanide, amenable

(j) Cyanide, total

(k) Lead, total

(l) Mercury, total

(m) Molybdenum

(n) Nickel, total

(o) Phenols

(p) Phthalates (total)

(q) PCB

(r) Selenium, total

(s) Silver, total

(t) Sulfate, total

Monthly Avg.

Concentration

mg/l

0.10

1.0

1.1

0.006

250.0

0.035

0.115

0.157

0.26

0.535

0.157

0.0002

0.0004

0.34

0.10

0.128

0.001

0.01

0.011

250.0

Parameter

(u) Sulfide

(v) Zinc, total

(w) Total Dissolved Solids

(x) Oil & Grease,

(Hydrocarbons)

(y) Oil & Grease (total)

Monthly Avg.

Concentration

mg/l

50.0

0.351

750.0

25.0

100.0

Limitations listed herein are subject to change by the manager at any time the total system is jeopardized in his judgement. Unlisted substances shall be reviewed by the manager on a case-by-case basis.

(2) State requirements. State requirements and limitations on discharge shall apply in any case where they are more stringent than federal requirements and limitations or those in this chapter.

(3) City's right of revision. The city reserves the right, at the recommendation of the manager, to establish, by majority vote, limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in § 18-201.

(4) Modification of federal categorical pretreatment standards. Where the city's wastewater system achieves consistent removal of pollutants limited by federal pretreatment standards, the city may apply to the approved authority for modifications of specific limits in the federal pretreatment standards. "Consistent removal" shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system in 95 percent of the samples taken when measured according to the procedures set forth in Section 403(7)(c)(2) of (Title 40 of the Code of Federal Regulations, Part 403) "General Pretreatment Regulations for Existing and New Sources of Pollution" promulgated pursuant to the Act. The city may modify pollutant discharge limits in the federal pretreatment standards if the requirements contained in 40 CFR, Part 403, Section 403 (7), are fulfilled and prior approval from the approval authority is obtained. (Ord. dated Nov. 1991)

18-209.  Powers and authority of inspectors. (1) Right to enter premises. The manager and other duly authorized employees of the city and authorized representatives of applicable federal and state regulatory agencies bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing pertinent to discharges to the public sewer system in accordance with the provisions of this chapter.

(2) Right to obtain information regarding discharge. The manager or other duly authorized employees are authorized to obtain information concerning character, strength, and quantity of industrial waste which have a direct bearing on the kind and source of discharge to the wastewater collection system.

(3) Access to easements. The manager and other duly authorized employees of the City of Lenoir City, bearing proper credentials and identification, shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the wastewater facilities lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of duly negotiated easement pertaining to the private property involved. (Ord. dated Nov. 1991)

18-210.  Administration. (1) Wastewater dischargers. It shall be unlawful to discharge without a city permit to any outlet within the City of Lenoir City, or in any area under the jurisdiction of said city, and/or to the POTW any wastewater except as authorized by the manager in accordance with the provisions of this chapter.

(2) Wastewater discharge permits.

(a) General permits. All significant users proposing to connect to or to discharge to the POTW shall obtain a wastewater discharge permit before connecting to or discharging to the POTW. All existing significant users connected to or discharging to the POTW shall obtain a wastewater discharge permit within 180 days after the effective date of this chapter.

(b) Permit application. Users required to obtain a wastewater discharge permit shall complete and file with the city, an application in the form prescribed by the city, and accompanied by a permit fee. Existing users shall apply for a wastewater discharge permit within 30 days after the effective date of this chapter, and proposed new users shall apply at least 90 days prior to connecting or to discharging to the POTW. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:

(i) Name, address and location, (if different from the address);

(ii) SIC number according to the Standard Industrial Classification Manual, Office of Management and Budget, 1987, as amended;

(iii) Wastewater constituents and characteristics including but not limited to those mentioned in §§ 18-207 and 18-208 as determined by a reliable analytical laboratory; sampling and analyses shall be performed in accordance with procedures established by the EPA pursuant to Section 304 (g) of the Act and contained in 40 CFR, Part 136, as amended;

(iv) Time and duration of discharge;

(v) Average daily 30-minute peak wastewater flow rates and maximum 15 minute total flow, including daily, monthly, and seasonal variations, if any;

(vi) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation;

(vii) Description of activities, facilities, and plant processes on the premises, including all materials which are or could be discharged;

(viii) Where known, the nature and concentration of any pollutants in the discharge which are limited by any city, state or federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and, if not whether additional O & M and/or additional pretreatment is required for the user to meet applicable pretreatment standards;

(ix) If additional pretreatment and/or O & M will be required to meet pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.

The following conditions shall apply to this 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 user to meet applicable 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 in paragraph (A) shall exceed 9 months.

(C) Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the manager including, as 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 user to return the construction to the schedule established. In no event shall more than 9 months elapse between such progress reports to the manager.

(x) Each product produced by type, amount, process or processes and rate of production;

(xi) Type and amount of raw materials processed (average and maximum per day);

(xii) Number of types of employees, hours of operation of plant, and proposed or actual hours of operation of pretreatment system;

(xiii) Any other information as may be deemed by the city to be necessary to evaluate the permit application.

The city will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the city may issue a wastewater discharge permit subject to terms and conditions provided herein.

(3) Permit modifications. Within 9 months of the promulgation of a national categorical pretreatment standard, the wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standard within the time prescribed by such standard. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a wastewater discharge permit as required by § 18-210(2), the user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater discharge permit shall submit to the manager within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required by § 18-210(2)(viii).

(4) Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the city. Permits may contain the following:

(a) The unit charge or schedule of user charges, surcharges, and fees for the wastewater to be discharged to a community sewer;

(b) Limits on the average and maximum wastewater constituents and characteristics;

(c) Limits on average and maximum rate and time of discharge or requirements for flow regulation and equalization;

(d) Requirements for installation and maintenance of inspection and sampling facilities;

(e) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests, and reporting schedule;

(f) Compliance schedules;

(g) Requirements for submission of technical reports or discharge reports; See § 18-210(7) and (8).

(h) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city, and affording city access thereto;

(i) Requirements for notification of the city of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system.

(j) Requirements for notification of slug discharges as per § 18-207(3)(d) and § 18-207(8);

(k) Other conditions as deemed appropriate by the city to ensure compliance with this chapter.

The permit shall require the user to reimburse the city for all expenses related to monitoring, sampling and testing performed at the direction of the manager and deemed necessary by the city to verify, that the user is in compliance with said permit.

(5) Permit duration. Permits shall be issued for a specified time period, not to exceed five (5) years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for a permit reissuance a minimum of 180 days prior to the expiration of the users existing permit. The terms and conditions of the permit may be subject to modification by the city during the term of the permit as limitations or requirements are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

(6) Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. The user shall notify the city of any change in legal title to the property or facilities, and an application for a discharge permit shall be submitted by the owner. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the city.

(7) Compliance date reporting. Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the manager a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the users facility which are limited by such pretreatment standards or requirements. The report shall state whether or not the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O & M and/or pretreatment is necessary to bring the user into compliance with applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user, and certified to by a qualified professional.

(8) Periodic compliance report. (a) Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the manager during the months of June and December, unless required more frequently in the pretreatment standard or by the manager, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow. At the discretion of the manager and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the manager may agree to alter the months during which the above reports are to be submitted.

(b) The manager may impose mass limitations on users to meet applicable pretreatment standard or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the reports required by § 18-210(8)(a) shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge including the flow and the nature and concentration, or production and mass where requested by the manager, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analyses shall be performed in accordance with procedures established by administrator pursuant to Section 304(h) of the Act and contained in 40 CFR, Part 136 and amendments thereto or with any other test procedures approved by the administrator. Sampling shall be performed in accordance with the techniques approved by the administrator. (Comment:) Where 40 CFR, Part 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analyses shall be performed in accordance with the procedure set forth in the EPA publication, "Sampling and Analysis Procedures for Screening of Industrial Effluent for Priority Pollutants," April, 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the administrator.

(c) If an industrial user subject to reporting requirements monitors any pollutant more frequently than required by the control authority, the results of this monitoring shall be included in the report.

(d) If sampling performed by an industrial user indicates a violation, it is the responsibility of the user to notify the POTW within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the POTW within 30 days after becoming aware of the violation.

The user shall also submit a detailed written report with the follow up analysis describing the cause(s) of the violation(s) and the measures being taken by the user to prevent future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred by the POTW. Notification shall not relieve the user of any fines, penalties, or other liabilities which may be imposed by this chapter or other applicable law.

(e) Signatory requirements for industrial user reports. Persons signing reports shall directly supervise the day-to-day operation of pretreatment facilities and shall be permanently assigned to work at the facility. The reports and applications required to be submitted by industrial users under provisions of this chapter shall be certified in accordance with § 18-210(8)(f) and shall be signed as follows:

(i) By a responsible corporate officer, if the industrial user submitting the reports is a corporation. For the purpose of the paragraph, a responsible corporate officer means:

(A) A president, secretary, treasurer, or 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 operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(ii) By a general partner or proprietor if the industrial user submitting the reports is a partnership or sole proprietorship respectively.

(iii) By a duly authorized representative of the individual designated in § 18-210(8)(e)(i) or (ii) of this section if:

(A) The authorization is made in writing by the individual described in § 18-210(8)(e)(i) or (ii);

(B) The authorization specifies either an individual or position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well, or well field superintendent, or a position of equivalent responsibility for environmental matters for the company; and

(C) The written authorization is submitted to the manager.

(iv) If an authorization under § 18-210(8)(e)(iii) 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 § 18-210(8)(e)(iii) must be submitted to the manager prior to or together with any reports to be signed by an authorized representative.

(f) Any person signing the application statement submitted pursuant to this chapter shall make the following certification:

 

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, accurate and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment for knowing violations.

(g) Discharge of hazardous substances as defined under 40 CFR Part 261 is prohibited unless the terms and conditions of such discharge are identified in the user's discharge permit. In the event a toxic substance is determined to be present in a user's discharge within 180 days of the effective date of this chapter, the user shall request a discharge permit modification and shall comply with the following:

(i) The industrial user shall notify the manager, the EPA Regional Waste Management Division Director, and 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 industrial user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial 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 months. All notifications must take place within 180 days of the effective date of this rule. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notification of changed discharges must be submitted under 40 CFR 403.12(j). The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of 40 CFR 403.12(b), (d) and (e).

(ii) Discharges are exempt from the requirements of § 18-210(8)(g)(i) of this section during a calendar month in which they discharge no more than fifteen kilograms of hazardous wastes unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(3). Discharge of more than fifteen kilograms of non-acute hazardous wastes in a calendar month, or 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 industrial user discharges more than such quantities of any hazardous waste do not require additional notification.

(iii) In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the POTW, the EPA Regional Waste Management Division Director, and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.

(iv) In the case of any notification made under § 18-210(8)(g), the industrial 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.

(9) Monitoring facilities. The city shall require significant users to provide and operate, at the user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage system. The monitoring facility should normally be situated on the user's premises, but the city may, when such a location would be unpractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area provided it can be located so that it will not be obstructed by landscaping or parked vehicles.

There shall be ample room in or near such sampling facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.

Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the city's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the city.

(10) Inspection and sampling. The city shall inspect the facilities of any user to ascertain whether or not the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city or their representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination, or in the performance of any of their duties.

The city, approval authority, and (where the NPDES state is the approval authority), EPA shall have the right to set up on the users property such devices as are necessary to conduct sampling, inspection, compliance monitoring, and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that, upon presentation of suitable identification, personnel from the city, approval authority, and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.

The cost of inspection and sampling shall be billed directly to the industry and shall include the costs of labor, materials, equipment, laboratory costs, and consultant fees that the city determines to be necessary for adequate inspection and sampling.

Each significant industrial user as identified by the POTW shall be inspected by the POTW at least once per calendar year. Significant non-categorical industrial users will be sampled by the POTW at least once per calendar year. Each categorical industrial user will be sampled at least twice per year by the POTW.

(11) Pretreatment. Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review, and shall be acceptable to the city before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city prior to the user's initiation of the changes.

The city shall annually publish, in a newspaper of local circulation, a list of the significant users which, at any time during the previous twelve months, were in significant noncompliance with applicable pretreatment requirements. For the purpose of this chapter, significant noncompliance shall be determined in accordance with 40 CFR 403.8(f)(2)(vii).

All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or approval authority upon request.

(12) Confidential information. Information and data on a user obtained from reports, questionnaires, permit applications, permits, monitoring programs, and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.

When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this chapter, the national pollutant discharge elimination system (NPDES) permit, state disposal system permit, and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

Information accepted by the city as confidential shall not be transmitted to any governmental agency or to the general public by the city until and unless a ten-day notification is given to the user.

(13) Show cause hearing. (a) The city may order any user who causes or allows an unauthorized discharge or otherwise is in violation of the provisions of the chapter to show cause before the manager why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the manager regarding the violation, the reasons why the actions are to be taken, the proposed enforcement action, and directing the user to show cause before the manager why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least (ten) days before the hearing. Service may be made on any agent or officer of a corporation.

(b) The manager or the city may conduct the hearing and take the evidence, or the city may designate any of its members or any officer or employee of to:

(i) Issue in the name of the manager notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;

(ii) Take the evidence;

(iii) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the manager for action thereon.

(c) At any hearing held pursuant to this chapter, testimony taken shall be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.

(d) After the manager has reviewed the evidence, the manager may issue an order to the user responsible for the discharge or violation directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices, or other related appurtenances are properly operated. Further orders and directive as are necessary and appropriate may be issued.

(e) Legal action. If any person discharges sewage, industrial wastes or other wastes into the city's wastewater disposal system contrary to the provisions of this chapter, federal or state pretreatment requirements, or any order of the city, the city attorney may commence an action for appropriate legal and/or equitable relief in the Circuit Court of this county.

(14) Significant noncompliance. For the purpose of this chapter, an industrial user is in significant noncompliance if its violation meets one or more of the following criteria:

(a) Chronic violation of wastewater discharge limits, defined here as those in which sixty-six percent or more of all of the measurements taken during a six-month period exceed, by any magnitude, the daily maximum limit or the average limit for the same pollutant parameter;

(b) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC=1.4 BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);

(c) Any other violation of a pretreatment effluent limit (daily maximum or longer term average) that the control authority 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);

(d) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare, or the environment or has resulted in the POTW's exercise of its emergency authority under § 18-212 to halt or prevent such a discharge;

(e) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;

(f) Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on noncompliance with compliance schedules;

(g) Failure to accurately report noncompliance;

(h) Any other violation or group of violations which the control authority determines will adversely affect the operation or implementation of the local pretreatment program. (Ord. dated Nov. 1991)

 

18-211.  Fees and charges. (1) Wastewater discharge permit fee.

(a) Beginning on the effective date of this chapter all persons, corporations, industries, etc., proposing to discharge wastewater shall be required to complete an "Application for Wastewater Discharge Permit" on forms provided by the city and shall provide additional information as may be required by the manager.

(b) Application for wastewater discharge permits shall be submitted to the manager and shall be accompanied by the appropriate fee listed in § 18-211(4).

(2) Strength of wastes surcharge. (a) Liability for surcharge. Each industrial or non-industrial user who discharges wastes into the sewerage system shall be subject to a surcharge, in addition to the regular sewer charges, based on the biochemical oxygen demand (or on the chemical oxygen demand where BOD cannot be determined), the suspended solids, the oil and grease, the total kjeldahl nitrogen, and the ammonia nitrogen content of the wastes, if these wastes have a concentration greater than those listed in § 18-211(5).

(b) Computation of surcharge. The surcharge shall be determined as follows:

The excess pounds of Pollutant, (respectively), will be computed by first multiplying the customer's billing sewage volume, measured in units of 100 cubic feet, for the current billing period by the factor .0062383 and then multiplying this product by the difference between:

(i) The concentrations measured in milligrams per liter of the respective Pollutant in the customer's sewage; and

(ii) The allowed concentrations set out in § 18-211(5).

The surcharge for each constituent will then be determined by multiplying the excess pounds of each constituent by the appropriate rate of surcharge set out in § 18-211(5).

(c) The city council may, at the recommendation of the manager and by a majority vote, establish or modify concentration limits and surcharge rates for any pollutant. Users shall not be permitted to exceed pollutant discharge limits for incompatible waste.

(3) Charges for significant users. (a) Pretreatment program administration charge. All users classified by the manager as "Significant Users" shall be subject to an additional charge computed as a percentage of their total monthly sewer service bill based on other applicable provisions of this chapter. That percentage shall be as indicated in § 18-211(6). Money collected shall be used to administer the pretreatment program and for labor, materials, equipment, sampling, and testing necessary to monitor for sources of discharges which are not in compliance with this sewer ordinance.

(b) Excess cost provision. In the event costs for the pretreatment program exceed the resources provided by § 18-211(3)(a), the excess costs shall be the responsibility of all users classified as "Significant Industrial Users."

The portion of the excess cost for which an individual user shall be billed shall be computed as follows:

 

Individual Users Excess Cost Responsibility=

 

Total of Individuals Excess Cost for

Sewer User Charge for Year X Pretreatment Program

Total Sewer User Charges

Paid by All "Significant Users"

(4) Fees.

(a) Wastewater discharge permit for residential $ .00

and commercial service

(b) Wastewater discharge permit for industrial $100.00

establishments

(5) Surcharge rates.

Pollutant Surcharge Rate

(a) BOD in excess of 300 mg/l or

COD in excess of 750 mg/l 12.0 cents/lb

(b) Suspended Solids in excess of 300 mg/l 16.0 cents/lb

(c) Ammonia Nitrogen in excess of 20 mg/l 13.0 cents/lb

(d) TKN in excess of 40 mg/l 14.0 cents/lb

(e) Oil and grease in excess of 100 mg/l 12.0 cents/lb

(6) Pretreatment program rate. Pretreatment Program Administration Charge = 10 percent. (Ord. dated Nov. 1991)

18-212.  Penalties. (1) Harmful discharges. The city may suspend the wastewater treatment service and/or a wastewater discharge permit when such suspension is necessary, in the opinion of the city, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTW, or causes the city to violate any condition of its NPDES permit.

Any person notified of a suspension of the wastewater treatment service and/or the wastewater discharge permit shall immediately stop or eliminate the discharge. In the event of a failure of the person to comply voluntarily with the suspension order, the city shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The city shall reinstate the wastewater discharge permit and/or the wastewater treatment service upon proof of the elimination of the non-complying discharge. A detailed written statement submitted by the user describing the causes of the harmful discharge and the measure taken to prevent any future occurrence shall be submitted to the city within 5 days of the date of occurrence.

(2) Revocation of permit. Any user who violates the following conditions of this chapter, or applicable state and federal regulations, is subject to having his permit revoked in accordance with the procedures of § 18-210(13).

(a) Failure of a user to factually report the wastewater constituents and characteristics of his discharge;

(b) Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;

(c) Refusal of reasonable access to the users premises for the purpose of inspection or monitoring; or,

(d) Violation of conditions of the permit.

(3) Notice of violation. Any person found to be violating any provision of this chapter, except §§ 18-212(1) and (7), shall be served by the City of Lenoir City with written notice by registered mail stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violation.

(4) Continued violation. Any person who will continue any violation beyond the time limit provided for in § 18-212(3) shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined for each violation an amount not more than one thousand dollars ($1,000.00) per day for each violation. Each day in which such violation shall continue shall be deemed a separate offense. In addition to the penalties provided herein, the city may recover reasonable attorney's fees, court costs, court reporter's fees and other expenses of litigation by appropriate suit at law against the person found to have violated this chapter or the orders, rules, regulations, and permits issued hereunder.

(5) Liable for expense. Any person violating any of the provisions of this chapter shall become liable to Lenoir City for any expense, loss, or damage occasioned the city by reason of such violation.

(6) Misrepresentation falsifying documents. Any person who knowingly makes any false statements, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this chapter, or wastewater contribution permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by a fine of not more than $1,000 or by imprisonment for not more than six (6) months, or by both.

(7) Destruction of POTW. No person(s) shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is a part of the wastewater facilities. Any person(s) violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

(8) Administrative fine. The manager shall assess an administrative fine to any industrial user who, in the opinion of the manager, is in violation of their wastewater discharge permit or provisions of the sewer use ordinance. The manager may assess an administrative fine for each violation in an amount not more than ten thousand dollars ($10,000) per day for each violation. Each day in which such violation shall continue may be deemed a separate violation and, as such, a separate fine may be assessed. (Ord. dated Nov. 1991)

18-213.  Schedule of rates. All sewer service shall be furnished under such rate schedules as the Lenoir City Utility Board may from time to time adopt by appropriate resolution.

CHAPTER 3

 CROSS CONNECTIONS, AUXILIARY INTAKES, ETC. Plumbing and related codes: title 12.

SECTION

18-301.  Definitions.

18-302.  Standards.

18-303.  Construction, operation, and supervision.

18-304.  Statement required.

18-305.  Inspections required.

18-306.  Right of entry for inspections.

18-307.  Correction of existing violations.

18-308.  Use of protective devices.

18-309.  Unpotable water to be labeled.

18-310.  Violations.

18-301.  Definitions. The following definitions and terms shall apply in the interpretation and enforcement of this chapter:

(1) "Public water system." The waterworks system furnishing water to Loudon County for general use and which is recognized as the public water system by the Tennessee Department of Health.

(2) "Cross connection." Any physical arrangement whereby the public water system is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture, or other device which contains, or may contain, contaminated water, sewage, or other waste or liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water system as a result of backflow. Bypass arrangements, jumper connections, removable sections, swivel or change-over devices through which, or because of which, backflow could occur are considered to be cross connections;

(3) "Auxiliary intake." Any piping connection or other device whereby water may be secured from a source other than that normally used.

(4) "Bypass." Any system of piping or other arrangement whereby the water may be diverted around any part or portion of a water purification plant.

(5) "Interconnection." Any system of piping or other arrangement whereby the public water supply is connected directly with a sewer, drain, conduit, pool, storage reservoir, or other device which does or may contain sewage or other waste or liquid which would be capable of imparting contamination to the public water system.

(6) "Person." Any individual, corporation, company, association, partnership, state, municipality, utility district, water cooperative, or federal agency. (Ord. #556, Nov. 1987)

18-302.  Standards. The City of Lenoir City Public Water System is to comply with Tennessee Code Annotated, §§ 68-221-701 through 68-221-720 as well as the Rules and Regulations for Public Water Systems, legally adopted in accordance with this code, which pertain to cross connections, auxiliary intakes, bypasses, and interconnections, and establish an effective ongoing program to control these undesirable water uses. (Ord. #556, Nov. 1987)

18-303.  Construction, operation, and supervision. It shall be unlawful for any person to cause a cross connection to be made, or allow one to exist for any purpose whatsoever, unless the construction and operation of same have been approved by the Tennessee Department of Health and the operation of such cross connection, auxiliary intake, bypass or interconnection is at all times under the direct supervision of the general manager of the City of Lenoir City Public Water System. (Ord. #556, Nov. 1987)

18-304.  Statement required. Any person whose premises are supplied with water from the public water supply and who also has on the same premises a separate source of water supply, or stores water in an uncovered or unsanitary storage reservoir from which the water stored therein is circulated through a piping system, shall file with the general manager a statement of the non-existence of unapproved or unauthorized cross connections, auxiliary intakes, bypasses, or interconnections. Such statement shall also contain an agreement that no cross connection, auxiliary intake, bypass, or interconnection will be permitted upon the premises. (Ord. #556, Nov. 1987)

18-305.  Inspections required. It shall be the duty of the general manager of the public water system to cause inspections to be made of all properties served by the public water supply where cross connections with the public water supply are deemed possible. The frequency of inspections and reinspection, based on potential health hazards involved, shall be established by the general manager of the City of Lenoir City Public Water System and as approved by the Tennessee Department of Health. (Ord. #556, Nov. 1987)

18-306.  Right of entry for inspections. The general manager or his authorized representative shall have the right to enter, at any reasonable time, any property served by a connection to the City of Lenoir City Public Water System for the purpose of inspecting the piping system or systems therein for cross connections, auxiliary intakes, bypasses, or interconnections. On request, the owner, lessee, or occupant of any property so served shall furnish to the inspection agency any pertinent information regarding the piping system or systems on such property. The refusal of such information or refusal of access, when requested, shall be deemed evidence of the presence of cross connections. (Ord. #556, Nov. 1987)

18-307.  Correction of existing violations. Any person who now has cross connections, auxiliary intakes, bypasses, or interconnections in violation of the provisions of this chapter shall be allowed a reasonable time within which to comply with the provisions of this chapter. After a thorough investigation of existing conditions and an appraisal of the time required to complete the work, the amount of time shall be designated by the general manager of the City of Lenoir/LCUB Public Water System.

The failure to correct conditions threatening the safety of the public water system as prohibited by this chapter and Tennessee Code Annotated, § 68-221-711, within a reasonable time and within the time limits set by the City of Lenoir/LCUB Public Water System, shall be grounds for denial of water service. If proper protection has not been provided after a reasonable time, the utility shall give the customer legal notification that water service is to be discontinued and shall physically separate the public water supply from the customer's on-site piping system in such a manner that the two systems cannot again be connected by an unauthorized person.

Where cross connections, interconnections, auxiliary intakes, or bypasses are found that constitute an extreme hazard of immediate concern of contaminating the public water system, the management of the water supply shall require that immediate corrective action be taken to eliminate the threat to the public water system. Immediate steps shall be taken to disconnect the public water system from the on-site piping system unless the imminent hazard(s) is (are) corrected immediately. (Ord. #556, Nov. 1987)

18-308.  Use of protective devices. Where the nature of use of the water supplied a premises by the water system is such that it is deemed:

(1) Impractical to provide an effective air-gap separation;

(2) That the owner and/or occupant of the premises cannot, or is not willing, to demonstrate to the official in charge of the water system, or his designated representative, that the water use and protective features of the plumbing are such as to propose no threat to the safety or potability of the water system;

(3) That the nature and mode of operation within a premises are such that frequent alterations are made to the plumbing;

(4) There is a likelihood that protective measures may be subverted, altered, or disconnected, the general manager of the City of Lenoir/LCUB Public Water System or his designated representative, shall require the use of an approved protective device on the service line serving the premises to assure that any contamination that may originate in the customer's premises is contained therein. The protective device shall be a reduced pressure zone type backflow preventer approved by the Tennessee Department of Health as to manufacture, model, and size. The method of installation of backflow protective devices shall be approved by the general manager of the public water system prior to installation and shall comply with the criteria set forth by the Tennessee Department of Health. The installation shall be at the expense of the owner or occupant of the premises.

Personnel of the City of Lenoir/LCUB Public Water System shall have the right to inspect and test the device or devices on an annual basis or whenever deemed necessary by the general manager or his designated representative. Water service shall not be disrupted to test the device without the knowledge of the occupant of the premises.

Where the use of water is critical to the continuance of normal operations or protection of life, property, or equipment, duplicate units shall be provided to avoid the necessity of discontinuing water service to test or repair the protective device or devices. Where it is found that only one unit has been installed and the continuance of service is critical, the general manager shall notify, in writing, the occupant of the premises of plans to discontinue water service and arrange for a mutually acceptable time to test and/or repair the device. The water system shall require the occupant of the premises to make all repairs indicated promptly, to keep the unit(s) working properly, and the expense of such repairs shall be borne by the owner or occupant of the premises. Repairs shall be made by qualified personnel acceptable to the general manager of the City of Lenoir/LCUB Public Water System.

The failure to maintain backflow prevention devices in proper working order shall be grounds for discontinuing water service to a premises. Likewise, the removal, bypassing, or altering of the protective devices or the installation thereof so as to render the devices ineffective shall constitute grounds for discontinuance of water service. Water service to such premises shall not be restored until the customer has corrected or eliminated such conditions or defects to the satisfaction of the City of Lenoir/LCUB Public Water System. (Ord. #556, Nov. 1987)

18-309.  Unpotable water to be labeled. In order that the potable water supply made available to premises served by the public water system shall be protected from possible contamination as specified herein, any water outlet which could be used for potable or domestic purposes and which is not supplied by the potable system must be labeled in a conspicuous manner as:

WATER UNSAFE

FOR DRINKING

The minimum acceptable sign shall have black letters at least one-inch high located on a red background. (Ord. #556, Nov. 1987)

18-310.  Violations. The requirements contained herein shall apply to all premises served by the City of Lenoir/LCUB Public Water System whether located inside or outside the corporate limits and are hereby made a part of the conditions required to be met for the city to provide water services to any premises. Such action, being essential for the protection of the water distribution system against the entrance of contamination which may render the water unsafe healthwise, or otherwise undesirable, shall be enforced rigidly without regard to location of the premises, whether inside or outside the City of Lenoir City corporate limits.

Any person who neglects or refuses to comply with any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction therefor, shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00), and each day of continued violation after conviction shall constitute a separate offense. (Ord. #556, Nov. 1987)

CHAPTER 4

SECTION

18-401.  Introduction.

18-402.  Provisions for enforcement in current ordinance.

18-403.  Enforcement response guide.

18-404.  Enforcement responses.

18-401.  Introduction. The Domestic Sewage Study (DSS) amendments to the general pretreatment regulations (Federal Register, July 24, 1990) require all Publicly Owned Treatment Works (POTW) with approved pretreatment programs to develop and implement an Enforcement Response Plan (ERP). The regulations require that the plan shall contain detailed procedures of how the POTW will respond to instances of industrial user noncompliance. At a minimum, the plan shall:

(1) Describe how the POTW will investigate instances of noncompliance;

(2) Describe the types of escalating enforcement responses the POTW will take in response to all anticipated types of industrial user violations and the time periods within which responses will take place;

(3) Identify by title the official(s) responsible for implementing each type of enforcement response;

(4) Adequately reflect the POTW's primary responsibility to enforce all applicable pretreatment requirements and standards as provided in 40 CFR 403.8(f)(1) and (2).

When properly developed and implemented, the Enforcement Response Plan will provide the POTW with an efficient, objective, and consistent means of responding to instances of industrial user noncompliance.

The City of Lenoir City has an approved pretreatment program and is required by 40 CFR 403.8(f)(5) to develop an Enforcement Response Plan. The following document details the steps to be taken by the City of Lenoir City to achieve compliance with all state and federal regulations and requirements. The primary document utilized in preparing this plan was the EPA publication "Guidelines for Developing Control Authority Enforcement Response Plans." Federal and state regulations (40 CFR Part 403 and Tennessee Code Annotated, §§ 69-3-101 through 129, respectively) were also used as reference documents.

In order to accommodate the provisions of this "Enforcement Response Plan" it is necessary to modify the existing Sewer Use Ordinance (SUO). Modifications and additions were initially submitted to the Tennessee Department of Health in November 1991. In the interim, Lenoir City has found it necessary to make additional modifications to the ordinance and these have been included and noted in this updated revision. The Sewer Use Ordinance is included as title 18, chapter 2 in this code.

Several additional modifications have been made to the original ERP submittal and are included in this document. Lenoir City will incorporate the ERP and SUO into the pretreatment program immediately. The city would like to request written approval of the ERP and SUO from the TDEC as soon as possible in order to allow Lenoir City to meet the necessary legal requirements of 40 CFR Part 403 and formally adopt and incorporate the ERP and SUO as binding legal documents.

The available personnel along with the minimum responsibilities that will be required of each title needed to implement the Enforcement Response Plan will consist of the following:

Board Chairman - Has authority to issue cease and desist orders and/or emergency termination of service and any other enforcement action involving civil penalties and/or criminal prosecution.

General Manager - Administrative duties relative to pretreatment and system operations. Will initiate higher degrees of enforcement (i.e., termination, criminal prosecution). Will inform city council of the background and need for such actions. Has authority to issue cease and desist orders and/or emergency termination of service when necessary.

Pretreatment Coordinator - Person primarily responsible for day to day monitoring of compliance status of IUs. Will schedule sampling events for IUs and at the WWTP. Will implement demand monitoring when deemed necessary. Primary responsibility for tracking IU information and for determining necessary levels of enforcement. Principle liaison between the city and the IUs. Will keep the general manager apprised of all developments regarding IU compliance status and will be the primary source of reference for higher levels of enforcement. Issues NOVs for minor and moderate levels of non-compliance. Will issue administrative orders and/or fines after consultation with the board chairman and/or general manager. Has authority to issue cease and desist orders and/or emergency termination of service when necessary.

Field Inspector - Working closely with the pretreatment coordinator, will be responsible for coordination and collection of wastewater samples from both the IUs and the WWTP. Will assist in performing scheduled and unscheduled sampling and field inspection of IUs. Assists in compliance tracking and determination of level of non-compliance. Can make phone calls in minor instances of non-compliance.

Attorney - Will assist POTW personnel and provide guidance on legality of chosen enforcement procedures against IUs. Reviews pertinent documents to assure conformance to state law. Represents the city in any court action resulting from enforcement actions.

Police Chief - Carry out legal orders; serve notices; etc.

Consultant - At the request of the POTW, will provide technical expertise when necessary to assure that enforcement actions follow generally accepted protocol. (Ord. dated Nov. 1991)

18-402.  Provisions for enforcement in current ordinance. The current Sewer Use Ordinance for the City of Lenoir City received conditional approval from the Tennessee Department of Health in a letter dated September 20, 1989. The recommended changes were made but the ordinance was not resubmitted to the TDHE for final approval. The ordinance was passed by the City of Lenoir City on third reading on September 25, 1989. Provisions governing enforcement against violators of the chapter are addressed in §§ 18-210 and 18-212.

The amendments to the General Pretreatment Regulations announced in the July 24, 1990 Federal Register (Domestic Sewage Study) required modifications in the ordinance necessary to implement the legal authority which state and federal law confers on the POTW. Specifically, to provide the POTW with the legal authority necessary to develop and implement the Enforcement Response Plan.

On January 17, 1991, the City of Lenoir City submitted its Enforcement Response Plan to the Tennessee Department of Environment and Conservation. This submittal contained proposed modifications and additions to the sewer use ordinance to meet the Domestic Sewage Study requirements. Again, conditional approval was received from the TDEC in a letter dated September 16, 1991. The changes were incorporated into the ordinance dated November 1991 however there is no documentation from the TDEC for final approval of the ordinance or the ERP. There was also no final reading of the ordinance or ERP by the City of Lenoir City.

In the interim, the POTW has found it necessary to make several additional changes in the November 1991 ordinance. The primary modification is the recalculation of the plant protection criteria found in § 18-208(1). (Ord. dated Nov. 1991)

18-403.  Enforcement response guide. The City of Lenoir City is required by the State of Tennessee and National Pollutant Discharge Elimination System (NPDES) permit number TN0020494 to administer a pretreatment program and is responsible for the enforcement of all federal, state, and local wastewater discharge regulations. The primary purpose of the Enforcement Response Guide is to assure fair, consistent, and impartial enforcement. This section describes each type of violation and indicates a range of appropriate enforcement options.

For the purposes of this guide, insignificant non-compliance is considered a relatively minor or infrequent violation of pretreatment standards or requirements. These will usually be responded to with a Notice of Violation (NOV). Examples of violations which may be considered insignificant non-compliance are:

- Failure to file a permit renewal application but remaining in compliance with the expired permit.

- A reported spill with no adverse effects.

- Isolated, minor exceedance of discharge limits.

- Failure to properly sign or certify reports (1st instance).

- Missed interim or final compliance deadline by 30 days or less (good cause).

- Filing a late report (less than 5 days late).

"Significant non-compliance" has been defined by the Environmental Protection Agency (EPA) as violations which meet one or more of the following criteria:

(1) Chronic violations. Sixty-six percent or more of the measurements exceed the daily maximum limit or monthly average limit in a six month period (any magnitude of exceedance). Any violation of a pH limit is considered a significant violation.

(2) Technical review criteria (TRC) violations. Thirty-three percent or more of the measurements exceed the daily maximum limit or monthly average limit by more than the applicable TRC in a six-month period. (TRC=1.4 for BOD, TSS, and oil and grease; 1.2 for all other pollutants except pH).

(3) Any other violation of effluent limits that is believed to have caused, alone or in combination with other discharges, interference or pass-through or endangered the health of the sewage treatment personnel or the public.

(4) Any discharge of a pollutant that has caused imminent endangerment to human health/welfare or to the environment and has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge.

(5) Violations of compliance schedule milestones contained in a local control mechanism or enforcement order, for starting construction, completing construction, and attaining final compliance by 90 days or more after the schedule date.

(6) Failure to provide reports for compliance schedules, self-monitoring data, or categorical standards (baseline monitoring reports, 90-day compliance reports, and periodic reports) within 30 days from the due date.

(7) Failure to accurately report non-compliance.

(8) Any other violation or group of violations considered to be significant.

In general, an isolated instance of non-compliance can be met with an informal response or with a NOV. Any significant non-compliance should be responded to with an enforceable order that requires a return to compliance by a specific deadline along with the applicable monetary penalties.

In determining the proper response to a violation, whether significant or not, the following criteria should be considered:

- Magnitude of the violation.

- Duration of the violation.

- Impact of the violation on the receiving waters.

- Impact of the violation on the POTW.

- Compliance history of the industrial user.

- Good faith of the industrial user.

Since pretreatment enforcement is a matter of strict liability, the knowledge, intent, or negligence of the user shall not be taken into consideration except when deciding to pursue criminal prosecution.

An administrative penalty is a monetary penalty assessed by the city for violations of pretreatment standards and requirements. Administrative penalties should be used as an escalated enforcement action and are punitive in nature and are not to be related to a specific cost born by the POTW. The amount of the penalty assessed shall recapture any economic benefit gained by the non-compliance and/or act as a deterrent to future violations.

Determining the penalty amount which reflects the violation's significance is very important. If the penalty is too small, its deterrent value is lost and the violator may regard it as a tax or nominal charge to pollute. If the penalty is too great, it could bankrupt the user, making necessary investments in pretreatment equipment impossible and forcing unnecessary closure. In cases of extreme hardship, the general manager may consider reducing or suspending the penalty as part of a consent decree or show cause hearing.

The primary method of deterrence for violations of the SUO will be the civil penalty. Civil penalties will be assessed based on the type and severity of violation outlined in the enforcement response guide found in § 18-403, Table 3.1. Penalties will be assessed in an amount not to exceed $10,000 per day for each violation. The amount of penalty will be determined using the following factors:

(a) Whether the penalty imposed will be a substantial economic deterrent to the noncompliance;

(b) Any damages to the POTW due to the noncompliance, which also includes any penalties, costs, and attorney's fees incurred by the POTW as a result;

(c) Cause of the discharge or violation;

(d) The severity of the noncompliance and its effect on the POTW and upon the quality of the receiving waters;

(e) Effectiveness of action taken by violator to rectify the problem;

(f) The economic benefit gained by the violator.

The board chairman, general manager, and/or the pretreatment coordinator, at their discretion, may establish or adopt a schedule of the amount of civil penalty which can be assessed for certain specific violations or categories of violations. The method used to decide on penalty amounts has been determined and can be seen in § 18-403.

Each type of violation has been categorized and a range of penalties assigned to each category, thereby allowing the responsible designated official to apply an appropriate monetary assessment. All penalty assessments are to be assessed per violation per day unless otherwise noted.

Category 0 = No penalty

Category 1 = $50.00 to $500.00

Category 2 = $500.00 to $1,000.00

Category 3 = $1,000.00 to $5,000.00

Category 4 = $5,000.00 to $10,000.00 and/or direct legal action

Table 3.1 is the enforcement response guide which will be utilized by the City of Lenoir City to determine appropriate and objective responses to instances of noncompliance. This guide is basically identical to the one contained in the previously cited guidance document. Minor changes have been made in order to adapt it to conditions applicable to Lenoir City. A column specifying the category each violation falls under contains a number corresponding to the applicable penalty range. Time frames for enforcement responses are included on the final page of the enforcement response guide.

The enforcement response guide is used as follows:

(i) Locate the type of non-compliance in the first column and identify the most accurate description of the violation in column 2;

(ii) Assess the appropriateness of the recommended response(s) in columns 3 and 4 using the criteria of magnitude, duration, effects, compliance history, and good faith;

(iii) Apply the enforcement response to the industrial user, specifying corrective action(s) or other responses required of the IU. Column 5 indicates responsible POTW personnel;

(iv) Track IU's response and follow-up with escalated enforcement action if a response is not received within the specified time frame or the violation continues.

Time Frames for Enforcement Responses

(A) All violations will be identified and documented within 5 days of receiving compliance information.

(B) Initial enforcement responses involving contact with the IU and requesting information on corrective or preventative action(s) will occur within 15 days of detection of violation.

(C) Follow up actions for continuing or recurring violations will be taken within 60 days of initial enforcement response. For all continuing violations, the response will include a compliance schedule.

(D) Violations which threaten health, property or environmental quality are considered emergencies and will receive immediate responses such as halting the discharge or terminating service.

(E) All violations meeting the criteria for significant noncompliance will be addressed with an enforceable order within 30 days of the identification of the significant noncompliance. (Ord. dated Nov. 1991)

18-404.  Enforcement responses. The control authority begins its enforcement process by identifying the type of IU's violation. Once the violation is identified, the control authority must determine whether the violation is significant or non-significant. The factors used in making this determination are discussed in § 18-403.

There are seven basic types of enforcement responses available to the control authority. The response or combination of responses to use depends on the violation severity, duration, effect on the environment and the treatment plant, and the IUs compliance history as well as its good faith in taking corrective action. All enforcement responses will be hand delivered by POTW personnel or sent via certified mail.

The following paragraphs describe the various types of enforcement response, procedures, and person(s) responsible for identifying and implementing each level of response, and the time frames for determining that a violation has occurred and for initiating the appropriate response action. This information has already been provided in § 18-403, Table 3.1 (Enforcement Response Guide) and the written formats to be used in preparing the various responses will be taken from the previously cited guidance document.

(1) Notice of violation. The notice of violation is the most common form of enforcement response. NOVs will be sent to any user found to be in violation of the SUO, IU permit, or any other applicable document. As a general rule, NOVs will be issued by the pretreatment coordinator for instances of minor noncompliance and will serve as an official notification to the user that a violation has occurred. Initial enforcement responses involving NOVs will occur within 15 days of violation detection. IU response to the NOV will commence within 10 days of receipt of the NOV and will include an explanation of the violation, a plan for satisfactory correction, and contingencies for prevention of future occurrences. If the IU does not respond adequately to the NOV (i.e., failure to return to compliance), subsequent responses will escalate accordingly.

(2) Administrative fine. An administrative fine is a monetary penalty assessed for violation(s) of pretreatment standards and requirements. They are assessed at the control authority's discretion with the fine amount determined on an individual basis. In addition, they do not require court intervention. Administrative fines are punitive in nature and are not related to specific costs incurred by the POTW. These fines are established to recapture the full or partial economic benefit to the IU of the non-compliance and provide a deterrent for future violations.

Administrative fines are used as an escalated enforcement response when NOVs or AOs have not prompted a return to compliance. When using a fine as an enforcement response, either singly or in conjunction with another response, the control authority will consider the following circumstances:

Type and severity of violation;

Number of violations cited;

Duration of non-compliance;

Impact of violation;

Human health threat;

IU economic benefit;

Compliance history of IU;

IU good faith efforts.

The enforcement response guide in § 18-403 stipulates the range amount for the various types of violation. Fines will be assessed through a NOV or an AO.

(3) Consent orders. The consent order combines the force of an AO with the flexibility of a negotiated settlement. The consent order is an agreement between the control authority and the IU normally containing three elements: compliance schedule; stipulated fines and/or remedial action; and signatures of control authority and IU representatives. The board chairman or his designee will enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the IU responsible for the noncompliance. Such orders will also serve as compliance orders and/or schedules for the IU and failure to adhere to the conditions of the consent order will constitute significant noncompliance.

A consent order is appropriate when the IU assumes responsibility for the noncompliance and is willing to correct its cause. The IU need not admit to the noncompliance in the text of the order. Signing the order is neither an admission of liability for purposes of civil litigation nor a plea of guilty for purposes of criminal prosecution. However, the control authority must make sure that the consent order prohibits future violations and provides for corrective action on the part of the IU.

(4) Show cause hearing. The board chairman, general manager, pretreatment coordinator, or their designee may order any IU which violates conditions of the SUO or its permit to show cause why a proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reason(s) for such action, and a request that the user show cause why the proposed enforcement action should not be taken. Notice of the meeting shall be served personally or by registered or certified mail at least 10 days prior to the hearing. If the IU fails to appear as noticed, immediate enforcement action will ensue.

(5) Cease and desist order. If the POTW finds that an IU has violated or continues to violate the sewer use ordinance or its permit, the general manager and/or board chairman may issue an order to cease and desist all such violations and direct the party in noncompliance to do one of the following:

(6) Civil litigation. Civil litigation is an appropriate enforcement response in three general conditions:

(a) Emergency situations where injunctive relief is necessary to halt or prevent discharges which threaten human health or the environment, or interfere with the POTW;

(b) When efforts to restore compliance through cooperation with the IU have failed and a court supervised settlement is necessary to enforce program requirements;

(c) To impose civil penalties and recover losses incurred due to the non-compliance.

Successfully concluded civil action helps to deter future non-compliance through establishment of judicial precedent. The awareness that litigation is a viable enforcement option will influence IUs to respond promptly to less formal enforcement measures. The board chairman, general manager and/or pretreatment coordinator may pursue civil action against an IU within 60 days or less of becoming aware of the violation.

(7) Termination of service. Termination of service is an appropriate response to IUs which have not responded adequately to previous enforcement actions. The board chairman, general manager, and/or pretreatment coordinator may suspend the wastewater treatment service and/or revoke an industrial user permit when necessary, if, in the opinion of the POTW, the discharge presents or may present potential or actual danger to persons, the environment, causes interference to the POTW, or causes the POTW to violate conditions of its NPDES permit. Unlike civil and criminal proceedings, termination of service is an administrative response which can be implemented directly by the control authority.

The decision to terminate service requires careful consideration of its legal and procedural consequences. It is likely that forcing an IU to halt production will damage the IUs economic position. Nonetheless, this drastic measure is sometimes necessary to address emergency situations or IUs resistant to previous enforcement measures. Termination is primarily used as an escalated response to a significant violation when other enforcement responses fail to bring the IU into compliance.

(8) Criminal investigation. In certain extreme cases, it may be necessary to bring criminal charges against certain IUs. This will only be undertaken with the full cooperation of the pretreatment coordinator, general manager, and board chairman under the legal guidance of the city attorney.

Criminal prosecution is necessary when the control authority has evidence of non-compliance which shows criminal intent. It is recommended in cases involving repeated violations, aggravated violations (such as discharges which endanger the health of POTW employees), and when less severe efforts to restore compliance have failed. Criminal investigation may be brought prior to, concurrent with, or subsequent to civil litigation.

Although civil litigation and criminal prosecution are not mutually exclusive, evidence that the named defendant(s) committed an illegal act with criminal intent must be present before an indictment is sought. When evidence sufficient to indict or convict is present, other factors may lead the control authority to try different enforcement options before initiating criminal prosecution. Examples of these mitigating factors include prompt and complete disclosure of the noncompliance and good faith efforts on the part of the IU in restoring compliance. Efforts to conceal the scope and extent of violations or to mislead investigators should be fully examined when deciding whether to proceed with criminal prosecution.

Tracking of enforcement related situations will primarily be the responsibility of the field inspector and the pretreatment coordinator. Compliance status worksheets will be updated on a monthly basis for each IU. These worksheets will provide instant updates of the compliance status of the IUs and allow personnel to flag noncompliance situations at a glance.

All IUs which are permitted are, at a minimum, sampled semi-annually by the POTW and are required to submit discharge self-monitoring reports to the POTW depending on permit requirements (i.e, flow, pollutants of concern, etc.). Demand monitoring is instituted when warranted. Scheduled and unscheduled IU facility inspection are performed semi-annually by the field inspector and the pretreatment coordinator. It is hoped that these actions will provide an effective means of tracking compliance status of IUs quickly and instituting necessary enforcement proceedings in a timely manner. The proposed time frames for initiating enforcement proceedings can be found in the enforcement response guide in § 18-403. (Ord. dated Nov. 1991)