HomeMy WebLinkAbout1984-02-14 OrdinanceDate:
To:
From:
Re:
ity of Iowa City
MEMORANDUM
February 9, 1984
City Council
Karin Franklin, Planner
Amended Planned Development Plan, Orchard Court, Lots 7 and 8
An amendment to the plan for Orchard Court, Lots 7 and 8, was sought by the
owners in order to eliminate the necessity of planting an arborvitae hedge to
the south of their four-plex in an area where they felt the hedge would not
survive. The hedge was to be located very near a vacated right-of-way where
a number of deciduous trees already existed. To plant the hedge closer to
the building would diminish the usable rear yard of the four-plex. The
neighbors in a single. family residence to the south, however, were anxious
that the required screening be provided.
Discussions at the Commission level centered on the necessity to provide some
screening, the adequacy of the existing vegetation in the vacated
right-of-way, the questionable ownership of the right-of-way and whether
assurances could be made that the existing vegetation would remain. It was
resolved that City ownership of the right-of-way was to be assumed. The
Commission recommendation to the Council was that screening should be
provided in some location other than that shown on the original plan and/or
that some alternative means of screening be provided. The Commission
requested that the parties involved attempt to reach an agreement on how the
four-plex could be effectively screened from the single family structure by
trimming and replacing vegetation in the right-of-way, and that their
proposal be reviewed by the City Forester and the planning staff for
horticultural acceptability and meeting any.screening needs.
The attached plan has been agreed upon by the two parties and the City staff
approvedhas reviewed and
rove the
requested a endmento
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ha d Court Lotsit. We 7end t
and8 by deleting hat the c.the il hedge shown
on the plan.
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ORCHARD COURT PDH
Landscaping Plan- in City
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ORDINANCE NO.
AN ORDINANCE AMENDING THE FINAL
PLANNED DEVELOPMENT HOUSING PLAN FOR
ORCHARD COURT, LOTS 7 AND 8.
BE IT ENACTED BY THE CITY COUNCIL OF
IOWA CITY, IOWA:
SECTION I. The approved planned
area development plan for Lots 1-8
Orchard Court Subdivision established
by Ordinance 81-3038 is hereby
amended to delete the hedge shown on
Lots 7 and 8, Orchard Court Subdivi-
sion, as shown on "Exhibit A"
attached.
SECTION II. BUILDING PERMITS.
The Building nspector isere y
authorized and directed to issue all
building, construction, and occupancy
permits for said area on the basis of
conformance with the amended plan.
SECTION III. FILING. The Mayor
and the City Clerk FFTFe City of
Iowa City are hereby authorized and
directed to certify this ordinance
and the amended plan; and the owner
shall record at the office of the
County Recorder of Johnson County,
Iowa, a copy of this ordinance after
its final passage, approval and
publication as provided by law and
shall also record the amended plan at
the office of the County Recorder.
SECTION IV. EFFECTIVE DATE.
This Ordinance Shall a in effect
after its final passage, approval,
and publication as required by law.
Passed and approved this
ATTEST:
CLERKCITY
FJWIVW A Approved
BY The Legal Deparhmnt
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It was moved by and seconded by that
the Ordinance be adopted, an upon roll call there were:
AYES: NAYS: ABSENT:
Ambrisco
Baker
Dickson
Erdahl
----McDonald
Strait
Zuber
First Consideration
Vote for passage:
Second Consideration
Vote for passage:
Date published
ACTION REQUESTED: AMENDED PR
Removal/waiver of proposed
arborvitae hedge from final PAD ORCHARD
from existing
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RE: Site interference CITY fOWA
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MARIAM K. KARR
CITY CLERK (3)
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EXHIBIT "A"
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MARIAM K. KARR
CITY CLERK (3)
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EXHIBIT "A"
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AN ORDINANCE REGULATING INDIRECT DISCHARGE TO THE
MUNICIPAL WASTEWATER SYSTEM FOR CERTAIN NON-DOMESTIC
USERS AND THROUGH ENFORCEMENT OF GENERAL
REQUIREMENTS FOR OTHER USERS AND PROVIDING
ENFORCEMENT THEREOF: IN THE CITY OF IOWA CITY,
COUNTY OF JOHNSON, STATE OF IOWA.
BE IT ORDAINED and enacted by the Mayor and Council
of the City of Iowa City, State of Iowa, as follows:
ARTICLE I
Unless the context specifically indicates otherwise,
the meaning of 'terms used in this ordinance shall be
as follows:
Sec. 1. "Act" or "the Act" shall mean the Federal
Water Pollution Control Act, also known as
the Clean Water Act, as amended, 33 U.S.C.
(United States Code) 1251, et. seq.
Sec. 2. "Approval Authority" shall mean the
Executive Director of the Iowa Department
of Water, Air and Waste Management.
Sec. 3. "Authorized Representative of Industrial
User" shall mean: (1) A principal executive
officer of at least the level of
vice-president, if the Industrial User is a
corporation; (2) A general partner or
proprietor if the Industrial User is a
partnership or proprietorship,
respectively; (3) 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.
Sec. 4. "Biochemical Oxygen Demand" ("BOD") shall
mean the quantity of oxygen utilized in the
biochemical oxidation of organic matter
under standard laboratory procedure in five
(5) days at 20° Centigrade, expressed in
milligrams per liter.
Sec. 5. "Building Drain" shall mean that part of
the lowest horizontal piping of a drainage
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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.
Sec. 6. "Building Sewer" shall mean the extension
from the building drain to the public sewer
or other place of disposal, also called
"house connection".
Sec. 7. "Categorical Standard" shall mean National
Categorical Pretreatment Standard or
Pretreatment Standard.
Sec. 8. "City" shall mean the City of Iowa City,
Iowa.
Sec. 9. "Cooling Water" shall mean the water
discharged from any use such as air
conditioning, cooling or refrigeration, or
to which the only pollutant added is heat.
Sec. 10. "Control Authority" shall mean the
Superintendent, defined hereinafter.
Sec. 11. "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 samples taken and
measured according to the procedures set
forth in Section 403.7(c)(2) of Title 40 of
the Code of Federal Regulations (CFR), Part
403 -"General Pretreatment Regulations for
Existing and New Sources of Pollution"
promulgated pursuant to the Act.
Sec. 12. "Direct Discharge" shall mean the discharge
of treated or untreated wastewater directly
to the waters of the State of Iowa.
Sec. 13. "Environmental Protection Agency" (EPA)
shall mean the U.S. Environmental
Protection Agency, or where appropriate,
the Administrator or other duly authorized
official of said agency.
Sec. 14. "Grab Sample" shall mean a sample which is
taken from a waste stream on a one-time
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basis with no regard to the flow in the
waste stream and without consideration of
time.
Sec. 15. "Holding Tank Waste" shall mean any waste
from holding tanks such as vessels,
chemical toilets, campers, trailers, septic
tanks, and vacuum -pump tank trucks.
Sec. 16. "Indirect Discharge" shall mean the
discharge or the introduction of
nondomestic pollutants from any source
regulated under Section 307(b) or (c) of
the Act (33 U.S.C. 1317), into the POTW,
including holding tank waste discharged
into the system.
Sec. 17. "Industrial User" shall mean a source of
Indirect Discharge which does not
constitute a "discharge of pollutants"
under NPDES regulations issued pursuant to
Section 402 of the Act (33 U.S.C. 1342).
Sec. 18. "Interference" shall mean the inhibition or
disruption of the POTW treatment program or
operations which are the primary cause of a
violation of any requirement of the City's
NPDES Permit. The term includes prevention
of sewage sludge use or disposal by the
POTW in accordance with Section 405 of the
Act (33 U.S.C. 1345), or any criteria,
guidelines, or regulations developed
pursuant to the Solid Waste Disposal Act
(SWDA, 42 U.S.C. 6901, et. seq.), 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 POTW.
Sec. 19. "May" is permissive. (See "shall").
Sec. 20. "National Categorical Pretreatment
Standard" or "Pretreatment Standard" shall
mean 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.
Sec. 21. "National Pollution Discharge Elimination
System" (NPDES or NPDES Permit) shall mean
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a permit issued pursuant to Section 402 of
the Act (33 U.S.C. 1342).
Sec. 22. "National Prohibitive Discharge Standard"
or "Prohibitive Discharge Standard" shall
mean any regulation developed under the
authority of Section 307(b) of the Act and
40 CFR, Section 403.5.
Sec. 23. "New Source" shall mean any source, the
construction of which is commenced after
the publication of proposed regulations
prescribing a Section 307(c) (33 U.S.C.
1317) National 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 promTgate- 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.
Sec. 24. "Person" shall mean any owner, individual,
firm, company, association, society,
corporation, or group.
Sec. 25. "pV shall mean the logarithm of the
reciprocal of the hydrogen ion
concentration expressed in grams per liter
of solution.
Sec. 26. Pollutant shall mean any dredged spoil,
solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical
wastes, biological materials, radioactive
materials, heat, wrecked or discharged
equipment, rock, sand, cellar dirt or
industrial, municipal, or agricultural
waste discharged into water.
Sec. 27. "Pollution" shall mean the man-made or man -
induced alteration of the chemical,
physical, biological, and radiological
integrity of water.
Sec. 28. "Pretreatment" or "Treatment" shall mean
the reduction of the amount of pollutants,
the elimination of pollutants, or the
alteration of the nature of pollutants, or
the alteration of the nature of pollutant
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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
other means, except dilution.
Sec. 29. "Pretreatment Requirements" shall mean any
substantive or procedural requirement
related to pretreatment, other than a
National Pretreatment Standard imposed on
an industrial user.
Sec. 30. Publicly Owned Treatment Works" (POTW)
shall mean a treatment works as defined by
Section 212 of the Act (33 U.S.C. 1292)
-hich is owned in this instance by the
City. 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 this
ordinance, a POTW shall also include any
sewors that convey wastewaters to the POTW
from persons outside the City who are, by
contract or agreement with the City, users
of the City's POTW,
Sec. 31. "POTW Treatment Plant shall mean that
portion of the POTW designed to provide
treatment to wastewater.
Sec. 32. "Shall" is mandatory. (See "may").
Sec. 33. Significant Industrial User" shall mean
any Industrial User of the City's
wastewater disposal system who (1) has a
discharge flow of 50,000 gallons or more
per average work day, or (2) has a flow
greater than 5% of the flow in the City's
wastewater treatment system, or (3) has in
his wastes significant quantities of toxic
pollutants, or (4) is found by the City,
the Iowa Department of Water, Air and Waste
Management or the EPA to have significant
impact, either singly or in combination
with other contributing industries, on the
wastewater treatment system, the quality of
sludge, the system's effluent quality or
air emissions generated by the system.
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Sec. 34. "Standard Industrial Classification" (SIC)
shall mean a classification pursuant to the
Standard Industrial Classification Manual
issued by the Executive Office of the
President, Office of Management and Budget,
1972.
Sec. 35. "State" shall mean the State of Iowa.
Sec. 36. "Storm Water" shall mean any flow occurring
during or following any form of natural
precipitation and resulting therefrom.
Sec. 37. "Superintendent" shall mean the Pollution
Control Superintendent of the City of Iowa
City, or his/her authorized deputy, agent
or representative.
Sec. 38. "Suspended Solids" shall mean the total
suspended matter that either float on the
surface of, or are in suspension in water,
wastewater, or other liquids and which are
removable by laboratory filtering as
prescribed in "Standard Methods for the
Examination of Water and Wastewater" and
referred to as nonfilterable residue.
Sec. 39. "Toxic Pollutant" shall mean any pollutant
or combination of pollutants listed as
toxic in regulations promulgated by the
Administrator of the Environmental
Protection Agency under the provisions of
Section 307(a) of the Act, under other Acts
mentioned in this ordinance or under Iowa
statutes and rules.
! Sec. 40. "User" shall mean any person who
contributes, causes or permits the
contribution of wastewater into the City's
POTW.
Sec. 41. "Wastewater" shall mean the spent water of
a community. from the standpoint of
source, it may be a combination of the
liquid and water -carried wastes from
i residences, commercial buildings,
industrial plants, and institutions,
together with any groundwater, surface
water, and stormwater that may be present.
Wastewater is also commonly known as
"Sanitary Sewage."
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Sec. 42. "Waters of the State" shall mean 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.
ARTICLE II
Sec. 1. Upon the promulgation of the Federal
Categorical Pretreatment Standards for a
particular industrial subcategory, the
Federal Standard, if more stringent than
limitations imposed under this ordinance
for sources in that subcategory, shall
immediately supersede the limitations
imposed under this ordinance.
Sec. 2. Where the City's wastewater treatment
system achieves consistent removal of
pollutants limited by Federal Pretreatment
Standards, the City may apply to the
Approval Authority for modification of
specific limits in the Federal Pretreatment
Standards. The City may then 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.
Sec. 3. An Industrial User may not contribute to
the POTW any substance which may cause the
POTW's effluent or any other product of the
POTW such as residues, sludges, or scums,
to be unsuitable for reclamation and reuse
or to interfere with the reclamation
process. In no case, shall a substance
discharged to the POTW cause the POTW to be
in non-compliance 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.
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Sec. 4. No Industrial User shall discharge
wastewater causing the following
limitations to be exceeded at the POTW
Treatment Plant influent when measured in a
24-hour composite sample:
a. 15 mg/1 aluminum
b. 0.006 mg/l arsenic
c. 2 mg/l barium
d. 0.003 mg/l cadmium
e. 0.16 mg/1 total chromium
f. 0.24 mg/l copper
g. 0.1 mg/1 cyanide
h. 10 mg/1 iron
1. 0.1 mg/l lead
j. 10 mg/1 manganese
k. 0.001 mg/1 mercury
1. 0.1 mg/1 nickel
m. 4 mg/l phenol
n. 0.1 mg/1 selenium
o. 5 mg/l silver
p. 0.3 mg/1 zinc
mg/l = milligrams per liter
If the potable water supply exceeds the
established limitations, Industrial User
discharge limitations shall be based on
POTW performance and sludge disposal
criteria.
Sec. 5. wastewaterthaving rial a eshaller pH lowerthan 6.0 than
greater than 10.5 or having any other
corrosive property capable of causing
damage or hazard to POTW structures,
equipment or personnel.
Sec. 6. No Industrial User shall discharge any
wastewater causing the water pollution
control plant influent wastewater
temperature to exceed 40° C (104° F).
Sec. 7' When
Industrial irUser ed b shall inthe stall tandsuitable
control manhole together with such
necessary meters, samplers and other
appurtenances in the building sewer to
facilitate observation, sampling and
measurement of the flows. Such manhole,
when required, shall be accessibly and
safely located, and shall be constructed in
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accordance with plans approved by the
Superintendent. The manhole 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. Costs
incurred by the City for sampling, data
recovery and analysis shall be assessed to
the Industrial User.
Sec. 8. State requirements and limitations on
discharges shall apply in any case where
they are more stringent than Federal
requirements and limitations or those in
this ordinance.
Sec. 9. The City reserves the right to establish by
ordinance more stringent limitations or
requirements on discharges to the
wastewater disposal system if deemed
necessary to comply with the objectives of
this ordinance.
Sec. 10. No Industrial User shall increase the use
of process water or, in any way, attempt to
dilute a discharge as a partial or complete
substitute for adequate treatment to
achieve compliance with the limitations
contained in this ordinance, in the Federal
Categorical Pretreatment Standards, or in
any other pollutant -specific limitation
developed by the City or State except where
expressly authorized to do so by an
applicable standard or limitation.
Sec. 11. Each Industrial User shall provide
protection from accidental discharge of
hazardous quantities of pollutants,
prohibited materials or other substances
regulated by this ordinance. Facilities to
prevent accidental discharge of prohibited
materials shall be provided and maintained
at the owner or Industrial User's own cost
and expense. Detailed plans showing
appropriate disposal 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.
All existing Industrial Users shall
complete such a plan within 365 days
following the effective date of this
ordinance. No Industrial User who
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commences contribution to the POTW after
the effective date of this ordinance 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 Industrial User's facility as
necessary to meet the requirements of this
ordinance.
Sec. 12. In the case of an accidental discharge, the
Industrial User shall immediately telephone
and notify the POTW of the incident. The
notification shall include location of
discharge, type of waste, concentration and
volume, and corrective actions. A notice
shall be permanently posted on the
Industrial 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. Within
five (5) days following an accidental
discharge, the Industrial User shall submit
to the Superintendent a detailed written
report describing the cause of the
discharge and the measures to be taken by
the Industrial User to prevent similar
future occurrences. Such notification
shall not relieve the Industrial 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
Industrial User of any fines, civil
penalties, or other liability which may be
imposed by this article or other applicable
law.
ARTICLE III
Sec. 1. No Significant Industrial User shall
connect to or contribute to the POTW after
180 days following the effective date of
this ordinance unless the Industrial User's
discharge has been specifically accepted by
resolution of approval by the City Council.
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Sec. 2. Industrial Users seeking acceptance of
their discharges shall complete and file
with the City an application for a
resolution of approval in the form
prescribed by the City. Proposed new
Significant Industrial Users shall request
a resolution of approval at least 90 days
prior to connecting to or contributing to
the POTW. In support of the application,
the Industrial User shall submit, in units
and terms appropriate for evaluation, the
following information:
a. Name, address, and location (if
different from the address);
b. SIC number according to the Standard
Industrial Classification 1,81anual, Bureau
of the Budget, 1972, as amended;
c. Wastewater constituents and
characteristics including, but not
limited to, BOD, Suspended Solids, those
mentioned in Article II of this
ordinance and any other pollutant which
would inhibit plant performance, affect
low rate sludge quality or affect water
quality standards as determined by a
reliable analytical laboratory.
Sampling and analysis 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;
d. Time and duration of contribution;
e. Average dally, maximum daily and peak
hourly wastewater flow rates, including
daily, monthly and seasonal variations
if any;
f. Site plans, floor plans, mechanical and
plumbing plans and details to show
sewers, sewer connections, and
appurtenances to the extent
and detail as requested by the
Superintendent;
g. Description of activities, facilities,
laboratories and plant processes on the
premises including all significant
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materials which are or could be
discharged;
h. 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
Operation and Maintenance (0&M) and/or
additional pretreatment is required for
the Industrial User to meet applicable
Pretreatment Standards;
i. If additional pretreatment and/or
operation and maintenance will be
required to meet the Pretreatment
Standards, the shortest schedule by
which the Industrial User will provide
such additional pretreatment. The
completion date in this schedule shall
not be later than the compliance date
established. 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
Industrial User to meet the applicable
Pretreatment Standards (e.g., hiring an
engineer, completing preliminary plans,
completing final plans, executing
contract for major components,
commencing construction, completing
construction, etc.). No increment of
progress shall exceed 9 months. Not
later than 14 days following each date
in the schedule and the final date for
compliance, the Industrial User shall
submit a progress report to the
Superintendent 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 Industrial User
to return the construction to the
schedule established. In no evert shall
more than 9 months elapse between such
progress reports to the Superintendent.
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The City will evaluate the data furnished
by the Industrial User and may require
additional information. After evaluation
and acceptance of the data furnished, the
City Council may adopt a resolution of
approval accepting and limiting the
industrial wastewater discharge.
Industrial Users with resolutions of
approval shall report significant changes
in operations, wastewater constituents and
characteristics to the City.
Sec. 3. Industrial Users subject to National
Categorical Pretreatment Standards shall
submit to the Superintendent within 180
days after the promulgation of an
applicable National Categorical
Pretreatment Standard the information
required by paragraphs (h) and (i) of
Section 2 of Article III.
Sec. 4. All provisions of this ordinance shall be
expressly subject to all other applicable
regulations, user charges and fees
established by the City.
Sec. 5. The terms and conditions of discharge
limitations in resolutions of approval may
be subject to modification by the City as
limitations or requirements identified in
Article II are modified or other just cause
exists. The Industrial User shall be
informed of any proposed changes in his
specific limitations at least 30 days prior
to the effective date of change. Any
changes or new conditions in the specific
limitations shall include a reasonable time
schedule for compliance.
Sec. 6. Industrial User discharge limitations shall
be assigned to a specific Industrial User
for a specific operation. A specific
limitation shall not be reassigned or
transferred or sold to a new owner, new
Industrial User, different premise, or a
new or changed operation without the
approval of the City. Any succeeding owner
or Industrial User shall also comply with
the terms and conditions of the existing
specific limitations.
Sec. 7. Within 90 days following the date for final
compliance with applicable Pretreatment
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Standards, any Industrial User subject to
Pretreatment Standards and Requirements
shall submit to the Superintendent 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 Industrial
User's facility which are limited by such
Pretreatment Standards or Requirements.
The report shall state whether the
applicable Pretreatment Standards or
Requirements are being met on a consistent
basis and, if not, what additional 0&M
and/or pretreatment is necessary to bring
the Industrial User into compliance with
the 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.
Sec. 8. Any Industrial 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 Superintendent
during the months of June and December,
unless required more frequently in the
Pretreatment Standard or by the
Superintendent, 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 measured
daily flows during the reporting period.
At the discretion of the Superintendent and
in consideration of factors such as local
high or low flow rates, holidays or budget
cycles, the Superintendent may agree to
alter the months during which the above
reports are to be submitted.
Sec. 9. A resolution of approval may be revised to
impose mass limitations on Industrial Users
which are using dilution to meet applicable
Pretreatment Standards or Requirements, or
in other cases where the imposition of mass
limitations are appropriate. In such
cases, the report required by Article III,
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Section 7 shall indicate the mass of
pollutants regulated by Pretreatment
Standards in the effluent of the Industrial
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 Superintendent,
of pollutants contained therein which are
limited by the applicable Pretreatment
Standards. The frequency of monitoring
shall be as prescribed in the applicable
Pretreatment Standard.
All analyses shall be performed in
accordance with procedures established by
the EPA pursuant to Section 304(8) of the
Act and contained in 40 CFR, Part 136 and
amendments thereto, or with any other test
procedures approved by the EPA. Sampling
shall be performed in accordance with the
techniques approved by the EPA.
Sec. 10. Industrial Users shall provide necessary
wastewater treatment as required to comply
with this ordinance 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 Industrial
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 ordinance. Any
subsequent changes in the pretreatment
facilities or method of operation shall be
j reported to and be arceptable to the City
prior to the Industrial User's initiation
of the changes.
Sec. 11. All records relating to compliance with
Pretreatment Standards shall be made
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Gfii
available to officials of the EPA or
Approval Authority upon request.
Sec. 12. Information and data on an Industrial User
obtained from reports, questionnaires,
applications for resolutions of approval,
permits and monitoring programs and from
inspections shall be available to the
public or other governmental agency without
restriction unless the Industrial 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 Industrial 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 ordinance, the National Pollutant
Discharge Elimination System 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 retained by the City or transmitted
to any governmental agency or to the
general public by the City until and unless
a ten-day notification is given to the
Industrial User.
ARTICLE IV
Sec. 1. The City may suspend the wastewater
treatment service and/or repeal resolutions
of approval when such suspension or repeal
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, to the POTW, causes
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interference to the PON or causes the City
to violate any condition of its NPDES
Permit. Any person notified of a
suspension of the wastewater treatment
service shall immediately stop or eliminate
the contribution. 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
building sewer connection, to prevent or
minimize damage to the PON system or
endangerment to any individuals. The City
shall reinstate the wastewater treatment
service upon proof of the elimination of
the non -complying discharge. A detailed
written statement submitted by the
Industrial User describing the causes of
the harmful contribution and the measures
taken to prevent any future occurrence
shall be submitted to the City within 15
days of the date of occurrence.
Sec. 2. Any Industrial User who violates the
following conditions of this ordinance, or
applicable state and federal regulations,
is subject to having his wastewater
treatment service revoked in accordance
with the procedures of Article IV, Section
1 of this ordinance:
a. Failure of a Industrial User to
factually report the wastewater
constituents and characteristics of his
discharge;
b. Failure of the Industrial User to report
significant changes in operations, or
wastewater constituents and
characteristics;
c. Refusal of reasonable access to the
Industrial User's premises for the
purpose of inspection or monitoring; or,
d. Violation of conditions of this
ordinance.
Sec. 3. Any person found to be violating any
provision of this ordinance shall be served
with written notice by the Superintendent
and said notice shall conform with Chapter
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a
t,.
2 of the Iowa City Code of Ordinances
(1979) and state the nature of the
violation and provide a specific time limit
for the satisfactory correction thereof.
The offender shall, within the period of
time stated in such notice, permanently
cease all violations.
Hearing appeal rights and judicial review
shall be in accordance with the procedures
set forth in Section 2-184, et seq. of the
Iowa City Code of Ordinances (1979) and
shall be heard by the City Manager.
Nothing in this section shall prohibit
Emergency Orders under Section 2-188 of the
Iowa City Code of Ordinances (1979).
Sec. 4. Any person who shall continue any violation
beyond the time limit provided for in
Article Iv, Section 3, shall be guilty of a
simple misdemeanor, and on conviction
thereof shall be fined in the amount not
exceeding one hundred dollars ($100.00) or
thirty (30) days in jail for each
violation.
Sec. 5. Any person violating any of the provisions
of this ordinance shall become liable to
the City of Iowa City for any expense,
loss, or damage occasioned the City of Iowa
City by reason of such violation. The
amounts of any such expenses, losses, or
damages to the City shall be fixed and
determined by the City Council. The City
Manager, or the Superintendent in the event
there has not been an appeal, shall furnish
a report to the City Council setting forth
the items and amounts of any such expenses,
losses, or damages.
Sec. 6. 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 ordinance, or
who falsifies, tampers with, or knowingly
renders inaccurate any monitoring device or
method required under this ordinance shall
be guilty of a simple misdemeanor, and on
conviction thereof shall be fined in the
amount not exceeding one hundred dollars
($100.00) or thirty (30) days in jail for
each violation.
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� i-
J
ARTICLE V
Sec. 1. All ordinances and parts of ordinances in
conflict with the provision of this
ordinance are hereby repealed.
ARTICLE VI
Sec. 1. If any section, provision or part of the
ordinance shall be adjudged to be invalid
or unconstitutional, such ajudication shall
not affect the validity of the ordinance as
a whole or any section, provision or part
thereof not adjudged invalid or
unconstitutional.
ARTICLE VII
Sec. 1. This ordinance shall be in effect after its
final passage, approval and publication as
required by law.
Passed and approved this 14th day of February ,
1984.
ayor
ATTEST:
erCity Clkn
i
The foregoing Ordinance No. 84-3172 was adopted
by the Council of the City o Iowa C ty, Iowa, on
the 14th day of February , 19B4 ,
was sTg—ned by the ayor on the day of
February , 19 84, and was pu s e n the Iowa
yPress- tizen, a newspaper of general
circulation and published in the said City of Iowa
City, Iowa, on the 22nd day of February 19 8Q
� ii'1 n n.i Mss -� �
ty,er
(SEAL)
Rc:r.ived u Aprtov3d
AY Ilia W"'E:1 P^--:rl-ianf
I -19- .J?- 1'i-3�. YtW
I
I
It was moved by Erdahl and seconded by Strait ,
that the Ordinance as reade a opted and upon roll call t ere were:
AYES: NAYS: ABSENT:
X MBRISCO
x BAKER
x DICKSON
x ERDAHL
x MCDONALD
x STRAIT
x ZUBER
First consideration 12/20/83
Vote forpassage:
Ayes: Balmer, Dickson, Erdahl, Lynch,
McDonald, Neuhauser. Perret.
Nays: None. Absent: None.
Second consideration 1/3/84
Vote for passage:
Ayes: Ambrisco, Baker, Dickson, Erdahl,
McDonald, Strait, Zuber.
Nays: None.
Date published 2/22/84