Ordinance Text

TITLE 8 - WATER AND SEWER REGULATIONS

Sections:

Unless the context specifically indicates otherwise, the meanings of terms used in this chapter shall be as follows:

City water service line: The portion of an individual water service line that runs from its connection with the public water main to and including the corporation stop, valve box, and meter yoke installed in the service line. It is owned and maintained by the city.

Domestic water: Potable water used for any purpose.

Irrigation water: Nonpotable water used for irrigation purposes.

Master water plan: Any document which the city has accepted by official action of the council which describes or otherwise indicates an overall view of proposed future water needs, minimum water main sizing, and/or minimum water main spacing.

Municipal water main: Any pipe owned by the city for the purpose of distribution of water to serve more than one water service line or user.

Oversized: Circumstance where the city requires the developer or builder to install a sanitary sewer, water, or irrigation line of a size or capacity greater than eight inches nominal diameter.

Private fire service connection: A separate and independent connection from the domestic water main that connects directly to a fire hydrant, sprinkler system or fire control device that has been, or is to be, installed on private property or in any building for the purpose of fire control within the specific building and said connection is to be for no other purpose.

Private water service line: The portion of the water service line that runs from the point being served to the point of connection with the city water service line.

Reimbursement agreement: An agreement between a developer and the City of Nampa that defines conditions and provisions for the developer to be reimbursed for a portion of the infrastructure costs that benefit others who did not participate in the cost of providing that infrastructure.

Water: When the term water is used in this chapter without the prefix irrigation or domestic it shall refer to both irrigation and domestic water.

(Ord. 2088; Amd. Ord. 4299, 1-17-2017)

The city through its authorized representative bearing proper identification shall be permitted at proper and reasonable hours of the day to enter all properties, premises or buildings to which water is furnished from the water system for any purpose necessary for the proper administration of the water system. Also, the city through its authorized representative shall be permitted to enter all private properties through which the city holds a duly negotiated easement for any purpose necessary for the maintenance of any portion of the water system lying within said easements.

It is the duty of the water superintendent, or his/her authorized designee, to enforce all provisions of this title and, generally, as determined requisite, issue infractions, citations or refer all violations to the city attorney, entering actions in the courts when necessary, and his failure to do so shall not legalize any violation of such provisions, nor shall the failure of the city attorney to enter actions legalize any violation of such provisions.

(Ord. 3371, 8-2-2004)

There is a board of appraisers, as the same is referenced and comprised in section 3-1-1 of this Code and section 8-2-4 of this title, consisting of six citizens appointed by the mayor and confirmed by the city council. As provided in section 3-1-1 citizens will serve on a rotational basis with staggered four-year terms. The board shall recommend all rates, charges or fees made and established under authority of this chapter. The board shall also conduct hearings and hear appeals from services, regulations, and fees charged under this chapter. The board of appraisers' decisions must be presented to council for approval.

(Ord. 4408, 11-19-2018; Ord. No. 4732, § 2, 5-1-2023)

The city reserves the right at any time without notice to shut off the water supply for repairs, extensions, or for any other maintenance and operation procedures. The city shall not be responsible for any damage such as bursting of boilers, the breaking of any pipe, water heater, or fixtures, or any other damage resulting from shutting the water off.

(Ord. 2088)

All fees and charges received and collected under the authority of this chapter shall be deposited and credited to funds designated as the domestic water system fund and the irrigation water system fund. The account of said funds shall show:

Receipts and expenditures for the maintenance and operation of the water system, and

Any payments into a sinking fund established for the purpose of paying principal of, and interest on, the city's water bond indebtedness, as may be outstanding.

When budgeted and appropriated, funds and credits to the account of the domestic water system fund shall also be available for the payment of the requirements of the necessary maintenance, operation, repairs and upkeep of the city's domestic water system. To the extent legally possible, funds shall also be available for payment into a sinking fund established for the payment of the principal of and interest on any of the city's water bond indebtedness, as may be outstanding.

(Ord. 2088; Amd. Ord. 3071)

The domestic water user charge is established to cover operation and maintenance costs of the system, and to provide a fund to pay for capital improvement costs, additions, participation in oversized extensions to the system, or redemption of bonds that have been used to finance system improvements, all as a part of the city's responsibility to provide adequate domestic water service and facilities. For new connections, the water user charge is to begin when the meter has been installed. All owners who derive benefit from the city's domestic water system shall, in return for said benefit, pay user charges.

(Ord. 2088)

The irrigation water assessment shall be established by the council pursuant to state code.

(Ord. 2088)

The city may provide service from the domestic water system to individual properties that are partially or entirely outside the corporate limits of the city. In so doing, the following procedure shall be followed:

Each request for such service shall be made in writing, addressed to the director of public works; and

Applicant shall sign an agreement to be annexed if their property is not contiguous to city limits. If the applicant's property is contiguous to city limits, the property must be annexed before connection may be made. An applicant shall apply for annexation through the planning and community development division of the department of public works.

Such special domestic water users shall comply with all regulations of this chapter. The domestic water user will be considered a special user as long as the property being served remains outside the city limits. The special domestic water user shall be charged fees and user charges at a rate greater than that of a similar user who is entirely within the city limits.

(Ord. 2088; Amd. Ord. 3071)

The city has the authority to assess the owner an inspection fee to cover the city's cost of providing inspection of facilities installed by the owner or his agent.

(Ord. 2088)

The city has the authority to assess the developer and/or landowner hookup fees which are related to the cost of providing city water service lines, meters and city water mains. A copy of current hookup fees is on file at the city. Provided, however, that hookup fees may be deferred at the discretion of the city for not more than 180 days or a request for issuance of a certificate of occupancy, whichever occurs first. A request for deferral under this section shall be made by written application of the developer and/or landowner.

(Ord. 4041, 1-7-2013)

The city has the authority to assess the developer and/or landowner impact fees which are for the purpose of providing a more equitable distribution of water system costs relating to such items as water supply development, storage, transmission lines and other off site improvements.

(Ord. 2088)

The materials and methods used for construction of city and private water lines and appurtenances shall conform to the requirements of all codes and specifications as may be adopted by the city. The city may reject any materials or workmanship for cause and upon such order the rejected materials shall be removed and replaced with approved materials.

(Ord. 2088; Amd. Ord. 3071)

All proposed extensions of the city water system to serve undeveloped areas within the existing city limits, newly annexed areas or areas outside the city limits shall comply with existing policies, specifications, master plans, or requirements established by the city engineer. The plans for all extensions to the city water system shall be prepared under the direction of and signed by a registered Idaho professional engineer and three copies of the plans shall be filed with the city. In approving a plan for extension to the city water system, the city reserves the right to stipulate other requirements such as a special permit fee, rights-of-way easement limits, sequence of construction, time limits for having existing service disrupted, the filing of a performance bond and other similar measures as may be required to protect the public. No work shall commence on any such extension of the city water system until the extension project has been approved by the city and a written permit has been issued. A permit shall not be issued until all applicable fees have been paid.

All water main extensions and appurtenances made for the purpose of serving the development shall be constructed at the expense of the developer by a qualified contractor in accordance with city specifications and subject to conditions and fees which may be established by the city.

All oversized water mains shall be furnished and installed by the developer. The developer shall be eligible to request reimbursement for oversized mains in accordance with policy established by the city. The reimbursement amount shall be computed and given in accordance with said policy.

(Ord. 2088; Ord. 4299, 1-17-2017)

All extensions of domestic water service outside the city limits shall be recommended by the board of appraisers and approved by the council on a case by case basis. Said extensions of service shall be granted only when in the best interest of the city. The extension of services is a privilege and not a right and is intended for those areas likely to be annexed to the city in the near future. In determining whether to allow an extension of domestic water service, the following criteria shall be considered:

The city may, at its option, require prepayment of water connection fees.

Whether the extension of water service would create an adverse impact upon existing facilities or create economic burdens for future operation and maintenance.

Water line extensions shall be made at no cost to the city. Lines shall be adequately sized for future growth. A developer may apply for reimbursement for additional costs associated with oversized lines required by the city either within the proposed development or in the extension of city lines. Reimbursement requests shall be in accordance with policy established by the city.

Whether the city water system has adequate capacity to serve existing development, the proposed development for which the extension is requested and all probable development within the city and between the city and proposed development.

The proposed developer must consent in a form acceptable to the city and binding on the development to annexation by the city at the city's option and convenience.

(Ord. 2088; Amd. Ord. 3071; Ord. 4299, 1-17-2017)

The city has the authority to require the developer responsible for major line extensions to supply the city with a statement from a licensed engineer certifying that the materials and construction were installed and tested in conformance with city specifications.

(Ord. 2088)

Following final inspection and acceptance by the city of an extension of the city water system it shall become the property of the city. The developer/contractor shall guarantee all materials and workmanship for a one year period and shall make any repairs, adjustments or replacements due to faulty materials or workmanship without any cost to the city.

(Ord. 2088)

No unauthorized person shall uncover, make any connection to a city water main or service line or appurtenance thereof without first obtaining authorization from the city. The granting of said authorization shall be contingent upon compliance with specifications, plans and conditions established by the city.

All new water meters shall be installed by the city or its duly authorized representative. The city shall maintain a schedule of estimated costs for installation of publicly owned water service lines, meters and appurtenances. Said schedule shall be adjusted periodically as is necessary to offset varying materials and labor costs. Construction of city water service lines within new subdivisions and developments shall be the responsibility of the developer.

(Ord. 2088)

All workmanship and materials used in the installation of private water service lines shall conform to city specifications and codes. The furnishings of all labor and materials shall be the sole responsibility of the owner.

(Ord. 2088)

All materials and workmanship used in the installation of private fire service connection lines shall conform to city specifications and adopted code. The furnishing of all labor and materials shall be the sole responsibility of the owner. A Nampa City Engineering or Water Division Inspector must witness any fire line tap. Only a contractor approved by the City of Nampa Engineering Division may perform a fire line tap on a city water main, with one exception: The Nampa City Water Division may perform the fire line tap for a contractor upon receipt of a fire line tap fee. A copy of the current fire line tap fee is and shall be kept on file with the city.

(Ord. 2088; Amd. Ord. 3071)

It shall be unlawful for any person, except one duly authorized by the city, to operate, interfere with, or connect anything to or modify or change any portion of the city water system, i.e., hydrants, valves, pipes, shutoff valves, ditches. Further it shall be unlawful for any person to obstruct the access to any fire hydrant or water system appurtenances.

Violation of this section is declared to be unlawful or an offense, the same shall be a misdemeanor and shall be punished by applicable fines and jail time in accordance with currently adopted state law.

(Ord. 3844, 1-5-2009)

It shall be unlawful for any water user to waste water or allow it to be wasted by imperfect water stops, valves or leaky pipes that are not under the jurisdiction of the city, or to permit the malicious or willful consumption of water, having no beneficial use. The city, based on meter readings, will make a determination of where water has been wasted and shall notify the user of that determination. It shall be the user's responsibility to make the necessary repairs, or to institute actions that will correct the situation within 60 days of the city's notification to the user. All costs incurred, including the cost of pumping wasted water and any repairs shall be the responsibility of the user.

(Ord. 2088)

It is and shall be unlawful for any person to allow or permit the waste of irrigation water by allowing said water to flow on or upon any street, alley or other public right-of-way in the city, or by allowing said water to flow on or upon adjacent or adjoining property so as to cause unnecessary inconvenience or expense to the owner of such adjacent or adjoining property or by using more of said water than good husbandry requires for the maintenance and cultivation of the premises being irrigated.

When it has come to the attention of the city that a wasting of water has occurred, the city shall notify the user of that determination. It shall then be the user's responsibility to make the necessary repairs, or to institute actions that will correct the situation within 48 hours of the city's notification to the user. If the situation has not been corrected or is repeated, then the city may fine and/or prosecute the user. Violation of the provisions of this section shall constitute an infraction per violation.

This section may be enforced by the issuance of an irrigation citation by a duly authorized representative or enforcement officer to the property owner or responsible party who caused the wasting of irrigation waters. Said citation is intended to discourage repeat offenders and constant abusers from waste and is not intended to penalize the regular and otherwise productive use of municipal irrigation waters.

(Ord. 3439, 4-18-2005)

It shall be unlawful to use or supply domestic water or cross connect domestic water lines with pressure irrigation lines in order to furnish irrigation service to any property within the City of Nampa, except under the following circumstances:

No pressure irrigation system, whether private or city owned and operated, is immediately available, as determined by the city engineer, to any certain property in question; and

A dedicated meter and a backflow device are integrated into the irrigation water delivery system to any particular property; and

Appropriate permits are issued and obtained by the installer of the backflow device from the city approving its emplacement. Only appropriately licensed individuals shall be/are authorized to emplace said devices.

Said devices shall be certified by a licensed individual on a yearly basis, in accordance with the clean water act, by a State of Idaho certified and licensed backflow specialist; and such certification shall then be forwarded to the City of Nampa. Failure to comply may be cause for the city to, at its option, terminate service, repair, or replace the device and assess all costs to the corresponding property owner from whom the reparation was made.

(Ord. 2088)

Connection to city system; exception. The owner or occupant of any house, building or property used for residential, commercial, industrial, governmental or recreational use, or any other purpose, situated within the city which is abutting on or having a permanent right of access to any street, alley or right-of-way in which there is located a city water line is hereby required to cease using any other water system and at his expense to connect such building directly with the city water in accordance with the provisions of this chapter, within 15 calendar days after the date of official notice from the city to do so; provided, however, that said city water is within 300 feet of any property line where said building to be served is located. Provided, further, however, properties which are served by private systems on the effective date hereof, and properties annexed into the city at the request of the city and not the owner thereof which have their own water system, are excepted from this requirement until such systems fail. A property owner may request to be connected to the city water system at any time at their own expense.

Disconnection of private system required. At such time as the city water system becomes available to the property served by the private water system, and the owner or tenant connects his property to city services as required, it is mandatory that the private water supply is not connected or cross connected in any way to the water lines served by the city water system. The disconnection of the private water supply line shall be inspected and approved by the waterworks superintendent or his designated representative.

Disconnection from city water system prohibited. Once connected to the city water system, it shall be unlawful to disconnect from the city water system.

(Ord. 3293, 1-5-2004)

Any duly authorized water department representative or enforcement officer observing a violation of the provisions of this chapter may leave upon the violating premises or serve upon a responsible party an irrigation citation which shall provide the citation number, the date and hour, property address and location, nature of violation, fine amount, and the enforcement party's or designated person's name or identification number. The irrigation citation shall notify the property owner or responsible party of the fine for the violation and the method of payment. In the event that an irrigation violation has not been remedied within 24 hours after the first violation, additional irrigation citations may be served for each day's continuing violations. When the identity of the responsible party cannot be determined, the owner or person or the corporation in whose name the real property upon which the violation occurs is registered or the named lessees in a rental or lease agreement of said premises shall be presumed prima facie responsible for said violation.

In order to eliminate burdening courts with misdemeanor violations of irrigation ordinances and to eliminate insofar as possible public inconvenience, each person receiving an irrigation citation under this chapter shall pay at city hall the appropriate fine for the irrigation violations for which an irrigation citation may be issued, as listed in this section.

Overuse/excessive use of irrigation waters.

Allowing irrigation water to be wasted by running into depressions or dry channels so that the same cannot be used for irrigation purposes.

Allowing irrigation water to run onto public streets and roadways.

Second irrigation violation within 30 days of the first violation.

Fines for irrigation violations listed in this chapter shall be established by resolution of the council upon recommendation of the chief of police and the city water department.

Any person committing third, fourth or subsequent violations of the irrigation ordinance within 30 days of the first violation shall be deemed guilty of a misdemeanor.

Upon the failure of the owner or responsible party to pay the required fine within seven calendar days, the chief of police, enforcement officer or designated representative may, after giving written notice of intent to cite the irrigation violation as an infraction, file an infraction citation or complaint with the magistrate division of the district court against the owner of the land or responsible party cited for the violation of this chapter. Written notice to the owner or responsible party is deemed sufficient if mailed to the last known address of such person. The complaint may be signed after seven days from the date of notice.

(Ord. 3439, 4-18-2005)

The City of Nampa has adopted, and may update, from time to time, a utility reimbursement policy, which provides a mechanism for a developer of a property who has paid for and constructed potable water, sanitary sewer, or irrigation utilities of a size or depth greater than needed to serve only said developer's property, or off site from the developer's property, and to be reimbursed a pro rata share of such costs from other properties which benefit from those improvements, as the benefiting properties develop. The city may establish an application and administration fee to process and administer the reimbursement agreement in an amount to be established by resolution of the city council.

(Ord. 4299, 1-17-2017)

Fire hydrants must remain visible without obstruction from any city right-of-way at all times. Objects or types of obstruction include, but are not limited to, posts, fences, vehicles, natural plant, tree and shrub growth, rubbish, landscaping, solid waste, storage and other materials. Fire hydrants shall be painted only safety yellow and the fire department may paint the outlet caps to indicate the volume of water available from the hydrant.

The minimum clearance shall be three feet around the circumference of fire hydrants at all times.

(Ord. 3844, 1-5-2009)

Sections:

There is hereby established a system of periodic service charges and fees for the use of, and for service rendered by the sewer system and sewage disposal facilities, which said service charges and fees are based on the volume and concentration of biochemical oxygen demand and suspended solids in the liquid effluent discharged into the sewer system. The rates, charges and fees provided by this chapter are levied and assessed against each premises having any sewer connection with the sanitary sewer system of the city, or intercepting sewers, or otherwise discharging sanitary sewage, industrial wastewater, or other liquids directly into the sanitary sewage disposal system or facilities of said city.

(Ord. 2088)

All fees and charges received and collected under authority of this chapter shall be deposited and credited to a special fund to be designated as the sewer fund. The accounts of said fund shall show all receipts and expenditures of the construction, maintenance, upkeep and repair of the sewer collection and treatment system and all payments on sewer bonds of the city which shall from time to time be outstanding. As provided by law, when budgeted and appropriated, the funds and credits to the account of the sewer fund shall be available for the payment of the requirements for the maintenance, operation, repairs and upkeep of the sewer system and sewage disposal facilities of the city and to the extent legally available for payment into a sinking fund established for the payment of the principal of and interest on the general obligation sewer bonds of the city which shall from time to time be outstanding.

(Ord. 2088)

Any property owner, or sewer user violating the provisions of this section shall upon notice immediately install such preliminary treatment through separators, traps, and/or chemical, physical, or biochemical processes as will make and assure that the sewage contributed from such premises will meet the requirements of this chapter.

No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, surface drainage, or cooling water into any sanitary sewer.

(Ord. 2088)

There is a board of appraisers, as the same is referenced and comprised in section 3-1-1 of this Code and section 8-1-3 of this title, consisting of six citizens at large, appointed by the mayor and confirmed by the city council. As provided in section 3-1-1 citizens will serve on a rotational basis with staggered four-year terms. The board shall recommend all rates, charges or fees made and established under authority of this chapter. The board shall also conduct hearings and hear appeals from services, regulations, and fees charged under this chapter. The board of appraisers' decisions must be presented to council for approval.

(Ord. 4408, 11-19-2018; Ord. No. 4732, § 3, 5-1-2023)

The board of appraisers shall submit a final schedule of rates and charges to the council. The council has the power to approve, confirm, modify or amend the same, and the decision of the council shall be final.

(Ord. 2088)

No connection shall be made to a city sewer line except in compliance with city regulations and under an authorization issued by competent authority of the city.

(Ord. 2088)

No connection to a city owned sewer line shall be made and sewage permitted to flow through such connection except pursuant to inspection and approval issued by the public works department.

(Ord. 2088)

The public works department may reject any material or workmanship for cause and upon his order rejected material shall be removed and replaced with approved material. Disapproved workmanship shall cause the removal and replacement of all materials involved, including appurtenant excavation, backfilling and other work items.

(Ord. 2088)

No sewer service connection shall be constructed except pursuant to permit or authorization issued by the public works department.

All construction shall conform to standards established by the city, copies of which are on file in the office of the city engineer.

No sewer service connection shall be placed in service until after a permit or authorization has been issued by the city and thereafter no sewer service connection shall be used after the city has formally notified the user that such connection is in need of repair, replacement, or alteration. Such prohibition shall continue until the specified requirements shall have been met in full and a permit or authorization has been issued by the city to use the house service connection in question.

(Ord. 2088)

No unauthorized person shall uncover, 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 public works department.

(Ord. 2088)

Not more than two houses or buildings shall be connected to the same service line, without the written permission of the public works director.

(Ord. 2088; Amd. Ord. 3147)

The city shall have the authority to assess the owner a sewer connection fee for treatment plant capacity, trunk line capacity and main line construction. The fee is established by resolution of the council. Provided, however, that the sewer connection fee may be deferred at the discretion of the city for not more than 180 days or a request for issuance of a certificate of occupancy, whichever occurs first. A request for deferral under this section shall be made by written application of the owner. No person shall be permitted to connect to any sewer line without having first paid the connection fee or received a deferral.

(Ord. 4042, 1-7-2013)

Regulations for sewer service connection fees and extensions outside the city shall follow the same requirements as those for water service outside the city. A copy of the listing of current connection fees is, and shall be maintained, on file with the city.

(Ord. 2088)

Regulations relative to sewer main construction shall follow the same requirements as those for water mains and prescribed in chapter 1 of this title.

(Ord. 2088; Amd. Ord. 3071)

Sections:

No person may engage in the business of the removal of biological waste or other refuse from cesspools, septic tanks, chemical toilets or other similar receptacles within the city without first obtaining a license.

(Ord. 2104)

Licenses shall only be issued to those persons who have a current district health department permit.

(Ord. 2104)

License fees are established by council resolution. Licenses are issued on a calendar year and expire at 12:00 midnight December 31. Licenses may be revoked by the city for cause.

(Ord. 2104)

All licensees using the wastewater facility are subject to a user fee established and updated by the board of appraisers.

(Ord. 2104)

Each license shall include vehicle license plate number, maximum tank gallon capacity and unit number. Unit numbers are issued by the wastewater treatment plant and must be displayed on vehicle(s) as directed.

(Ord. 2104)

Any licensee by paying the applicable user charges has the privilege of dumping biological waste or other refuse from cesspools, septic tanks, chemical toilets or other similar receptacles directly into the sewer lines of the city at a place and in the manner designated by the wastewater superintendent. Each vehicle is subject to inspection and sampling of a load at any time.

(Ord. 2104)

No licensee shall dump into any facilities of the wastewater division biological waste or other refuse from cesspools, septic tanks, chemical toilets or other similar receptacles as will harm or damage the facilities of the wastewater system or its personnel. Hazardous waste, alone or in any mixture with domestic sewage is prohibited.

(Ord. 2104)

Each licensee so dumping authorized and acceptable waste into the wastewater system shall keep a written log on a prescribed form at the treatment plant. A written log is also required to be in each truck, available for inspection at any time by the wastewater staff. The log shall contain the time and source of the load, and the quantity and type of waste being hauled.

(Ord. 2104)

Each licensee is bound by the rules and regulations of the wastewater division with respect to dumping of any septic tank or chemical toilets or similar wastes into the wastewater facility. A copy of such rules and regulations shall be approved by the board of appraisers and be on file at the wastewater office. Failure to comply to these rules and regulations may result in termination of dumping privileges.

(Ord. 2104)

Sections:

The purpose of this chapter is to provide for the health, safety, and general welfare of the citizens of the City of Nampa through the regulation of nonstorm water discharges and storm water discharges to the storm drainage system to the maximum extent practicable as required by federal law. This chapter establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the national pollutant discharge elimination system (NPDES) permit process. The objectives of this chapter are:

To regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by storm water discharges by any user.

To prohibit illicit connections and discharges to the municipal separate storm sewer system.

To establish legal authority to carry out all inspection, cost assessments, surveillance and monitoring procedures necessary to ensure compliance with this chapter.

(Ord. 3431, 3-7-2005)

For the purposes of this chapter, the following shall mean:

Authorized enforcement agency: Employees or designees of the director of the public works department designated to enforce this chapter.

Best management practices (BMPs): Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to storm water, receiving waters, or storm water conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

Clean Water Act: The federal water pollution control act (33 USC section 1251 et seq.), and any subsequent amendments thereto.

Construction activity: Activities subject to NPDES construction permits. These include construction projects resulting in land disturbance of one acre or more. Such activities include, but are not limited to, clearing and grubbing, grading, excavating, and demolition.

Hazardous materials: Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

Illegal discharge: Any direct or indirect nonstorm water discharge to the storm drain system, except as exempted in section 8-4-7 of this chapter.

Illicit connections: Either of the following: Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including, but not limited to, any conveyances which allow any nonstorm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency, or any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.

Industrial activity: Activities subject to NPDES industrial permits as defined in 40 CFR, section 122.26(b)(14).

National Pollutant Discharge Elimination System (NPDES) storm water discharge permit: A permit issued by EPA (or by a state under authority delegated pursuant to 33 USC section 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area wide basis.

Nonstorm Water Discharge: Any discharge to the storm drain system that is not composed entirely of storm water.

Person: Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.

Pollutant: Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.

Premises: Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

Storm drainage system: Publicly owned facilities by which storm water is collected and/or conveyed, including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and humanmade or altered drainage channels, reservoirs, and other drainage structures.

Storm water: Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

Storm water pollution prevention plan: A document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to storm water, storm water conveyance systems, and/or receiving waters to the maximum extent practicable.

(Ord. 3431, 3-7-2005)

This chapter shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency.

(Ord. 3431, 3-7-2005)

The public works department shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the authorized enforcement agency may be delegated in writing by the director of the authorized enforcement agency to persons or entities acting in the beneficial interest of or in the employ of the agency.

(Ord. 3431, 3-7-2005)

The provisions of this chapter are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter.

(Ord. 3431, 3-7-2005)

The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore this chapter does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants.

(Ord. 3431, 3-7-2005)

No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including, but not limited to, pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards. The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows:

The following discharges are exempt from discharge prohibitions established by this chapter: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active ground water dewatering systems), crawl space pumps, air conditioning condensation, springs, noncommercial washing of vehicles, natural riparian habitat or wetland flows, swimming pools (if dechlorinated—typically less than one ppm chlorine), and firefighting activities.

Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety.

Dye testing is an allowable discharge, but requires a verbal notification to the authorized enforcement agency prior to the time of the test.

The prohibition shall not apply to any nonstorm water discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the federal environmental protection agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system.

(Ord. 3431, 3-7-2005)

No person shall connect, or cause any connection to be made, into the municipal storm drain system or watercourses. The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. A person is considered to be in violation of this chapter if the person connects a line conveying sewage to the MS4, or allows such a connection to continue.

(Ord. 3431, 3-7-2005)

Suspension due to illicit discharges in emergency situations. The public works department may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the United States, or to minimize danger to persons.

Suspension due to the detection of illicit discharge. Any person discharging to the MS4 in violation of this chapter may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The authorized enforcement agency will notify a violator of the proposed termination of its MS4 access. The violator may petition the authorized enforcement agency for a reconsideration and hearing.

A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section without the prior approval of the authorized enforcement agency.

(Ord. 3431, 3-7-2005)

Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the public works department prior to the allowing of discharges to the MS4.

(Ord. 3431, 3-7-2005)

Applicability. This section applies to all facilities that have storm water discharges associated with industrial activity, including construction activity.

Access to facilities.

The public works department shall be permitted to enter and inspect facilities subject to regulation under this chapter as often as may be necessary to determine compliance with this chapter. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the authorized enforcement agency.

Facility operators shall allow the public works department ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law.

The public works department shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the authorized enforcement agency to conduct monitoring and/or sampling of the facility's storm water discharge.

The public works department has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure storm water flow and quality shall be calibrated to ensure their accuracy.

Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the public works department and shall not be replaced. The costs of clearing such access shall be borne by the operator.

Unreasonable delays in allowing the public works department access to a permitted facility is a violation of a storm water discharge permit and of this chapter. A person who is the operator of a facility with an NPDES permit to discharge storm water associated with industrial activity or construction activity commits an offense if the person denies the authorized enforcement agency reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this chapter.

If the public works department has been refused access to any part of the premises from which storm water is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the authorized enforcement agency may seek issuance of a search warrant from any court of competent jurisdiction.

(Ord. 3431, 3-7-2005)

The owner or operator of a commercial or industrial establishment, or construction site, shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of structural and nonstructural BMPs. Further, any person responsible for a property or premises, which is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system.

(Ord. 3431, 3-7-2005)

Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm drain system, or water of the United States, that person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify the public works department in person or by phone or facsimile no later than the next business day.

(Ord. 3431, 3-7-2005)

Whenever the public works department finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the authorized enforcement agency may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:

The performance of monitoring, analyses, and reporting;

The elimination of illicit connections or discharges;

That violating discharges, practices, or operations shall cease and desist;

The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;

Payment of a fine to cover administrative and remediation costs; and

The implementation of source control or treatment BMPs.

If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.

(Ord. 3431, 3-7-2005)

Any person receiving a notice of violation may appeal the determination to the authorized enforcement agency. The notice of appeal must be received within ten days from the date of the notice of violation. Hearing on the appeal before the appropriate authority, or his/her designee, shall take place within 15 days from the date of receipt of the notice of appeal. The decision of the municipal authority or their designee shall be final.

(Ord. 3431, 3-7-2005)

If the violation has not been corrected pursuant to the requirements set forth in the notice of violation within 15 days of the date of the notice of violation (or in the event of an appeal, within 15 days of the decision of the municipal authority upholding the decision of the authorized enforcement agency) then representatives of the authorized enforcement agency shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.

(Ord. 3431, 3-7-2005)

Within ten days after abatement of the violation, the owner of the property will be notified in writing of the cost of the abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within ten days of the date of the written notification. Hearing on the protest before the appropriate authority, or his/her designee, shall take place within 15 days from the date of receipt of the written protest. The decision of the municipal authority or their designee shall be final.

If the amount due is not paid by the expiration of the time in which to file the written protest if no written protest is filed, or within a timely manner as determined by the decision of the municipal authority, the cost of the abatement shall become a special assessment against the property and shall constitute a lien on the property.

(Ord. 3431, 3-7-2005)

Any person violating any of the provisions of this chapter shall become liable to the city by reason of such violation. The liability shall be paid in not more than 12 equal payments.

(Ord. 3431, 3-7-2005)

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. If a person has violated or continues to violate the provisions of this chapter, the authorized enforcement agency may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.

(Ord. 3431, 3-7-2005)

In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.

(Ord. 3431, 3-7-2005)

Any discharger who violates an order of the city, or who fails to comply with any provision of this chapter, or any regulations, rules, or permits of the city, issued pursuant to this chapter, shall be liable to the city for an administrative penalty. The amount of such administrative penalty shall be not less than $250.00 per violation per day nor more than $1,000.00 per violation per day.

Any discharger who violates an order of the city, or who fails to comply with any provision of this chapter, or any regulations, rules, or permits of the city, issued pursuant to this chapter, shall be liable to the city for a civil penalty. The amount of such civil penalty shall not exceed $1,000.00 per violation. Each day upon which a violation occurs or continues shall constitute a separate violation.

Any person that has violated or continues to violate this chapter shall be liable to criminal prosecution to the fullest extent of the law and shall be subject to a criminal penalty of $1,000.00 per violation and/or imprisonment for a period of time not to exceed six months.

The public works department may recover all attorney fees, court costs, and all other expenses associated with enforcement of this chapter, including sampling and monitoring expenses.

(Ord. 3431, 3-7-2005)

The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state or local law, and it is within the discretion of the public works department to seek cumulative remedies.

(Ord. 3431, 3-7-2005)

This chapter shall be in full force and effect upon its passage and publication. All prior ordinances and parts of ordinances in conflict with this chapter are hereby repealed.

(Ord. 3431, 3-7-2005)

Sections:

This chapter is adopted for the benefit of consumers receiving their water supply from the City of Nampa by protecting the city water supply system from actual or potential pollution or contamination through cross connections. The implementation of a proactive cross connection program will do this in accordance with the State of Idaho Department of Environmental Quality. (Reference IDAPA 58.01.08, chapter 550, section 07, subsection a, Idaho rules for public drinking water systems.)

(Ord. 3548, 2-21-2006)

Auxiliary water supply: Any water supply on, or available to, a premises in addition to the purveyor's approved public potable water supply.

Backflow: The flow of water or other liquids, gases or solids from any source back into the customer's plumbing system or the water purveyor's water distribution system.

Backflow prevention assembly: An approved assembly, which counteracts backpressure and/or prevents back siphonage. A reduced pressure principle backflow prevention assembly, a double check valve assembly, a pressure or atmospheric vacuum breaker shall be considered approved if it has successfully passed the performance tests of the University of Southern California Engineering Center or other testing laboratories acceptable to the city and the State of Idaho Department of Environmental Quality.

City: The City of Nampa or any authorized agent thereof.

Commercial development: Any development on private land that is not heavy industrial or residential. The category includes, but is not limited to, hospitals, laboratories and other medical facilities, educational institutions, recreational facilities, plant nurseries, multi-apartment buildings, car wash facilities, mini malls and other business complexes, shopping malls, hotels, office buildings, public warehouses and other light industrial complexes.

Contamination: An impairment of the quality of the potable water which creates an actual hazard to the public health through poisoning or through the spread of disease by sewage, industrial fluids or waste. Also defined as severe or high hazard.

Cross connection: Any actual or potential arrangement whereby the water supply system is connected either directly or indirectly with any unapproved water supply, sewer, drain, conduit, pool, storage reservoir, plumbing fixture or other device which contains or may contain any substance capable of pollution or contamination.

Customer: Any persons and/or premises receiving water from the city water supply system.

(Ord. 3548, 2-21-2006)

No water service or fire sprinkler system connection shall remain or be installed to any customer unless the water supply system is adequately protected against cross connection by backflow prevention devices commensurate with the degree of hazard that either does or potentially may exist. The installation or maintenance of a cross connection, which may endanger the water supply system quality, shall be unlawful and is prohibited. Any such cross connections now existing or hereafter installed shall be abated. The control or elimination of cross connections shall be in accordance with this chapter, the most current Pacific Northwest section - American Water Works Association cross connection control manual for accepted procedures and practices, and the Idaho rules for public drinking water systems, reference chapter 550, section 07, subsections i—iv, or subsequent revisions, together with any other publications pertaining to cross connection control approved by the director of the state department of environmental quality.

(Ord. 3548, 2-21-2006)

Installation requirements; certain circumstances. Backflow prevention assembly shall be installed, if possible, within the confines of the affected building in a readily accessible location with adequate clearances for maintenance and testing. If the preceding installation is not possible, the assembly shall be installed in an accessible, aboveground, locked, heated enclosure adjacent to the structure. The structure shall be situated above seasonal high ground water, shall contain an adequate floor drain, shall provide adequate room for testing and maintenance and shall protect the device against freezing. Backflow prevention assemblies shall be installed under any circumstances included in, but not limited to, the following (reference Pacific Northwest section - American Water Works Association, chapter 7):

Notwithstanding any other provisions herein, the domestic service lines to all industrial and commercial development structures within the City of Nampa, regardless of business type, will be required to install, at a minimum, a double check valve assembly or the appropriate backflow assembly based commensurately with the degree of hazard.

Premises housing an auxiliary water supply that has not been approved by the city for its quality and protection.

Premises having intricate plumbing arrangements that make it difficult to ascertain whether or not cross connections exist.

Premises where entry is restricted so that inspections for cross connections could not be made during reasonable hours, at sufficiently short notice to assure that cross connections do not exist.

Premises where any substance handled under pressure could enter into the water supply system. This shall include the handling of process and cooling waters.

Premises having a repeated history of cross connections being created or re-created.

Types of assemblies for use. The type of backflow prevention assembly required for a particular situation shall be commensurate with the degree of hazard presented. The following guides shall be used:

Where the water supply system could be contaminated as a result of cross connection, an air gap separation or a reduced pressure backflow prevention assembly shall be installed.

Where cross connection could result in pollution of the water supply system, either of the above method/assembly or a double check valve assembly shall be used. This determination will be made by the City of Nampa.

Back siphonage or back pressure from irrigation sprinkler systems, shall be prevented by the use of a reduced pressure backflow prevention assembly, at the service connection, a pressure vacuum breaker assembly, or a spill resistant pressure vacuum breaker assembly, as directed by the city and the state department of environmental quality.

Stagnant water; double check valve assembly. Facilities having plumbing arrangements connected to the water supply system, where the water remains stagnant for prolonged periods of time, shall be required to install a double check valve assembly (reference Pacific Northwest section cross connection control manual, IDAPA 58.01.08, Idaho rules for public drinking water systems).

Fire sprinkler systems. Fire sprinkler systems that are of the wet or dry type shall be required to install a double check valve assembly. Systems that are a chemical type or are equipped with an antifreeze loop shall be required to install a reduced pressure backflow assembly.

(Ord. 3709, 5-21-2007; Ord. No. 4876, § 2, 7-21-2025)

Supervision; expense. Backflow prevention assemblies required by this chapter shall be installed under the supervision of and with the approval of the city. Such installations shall be completely at the customer's expense.

Inspection and testing.

Inspecting firm. Backflow prevention assemblies installed prior to the effective date hereof shall be inspected and tested by a testing firm of the customer's choice that is qualified and approved by the city to inspect and test said devices. A list of approved testers will be provided by the water department. This work shall be at the customer's expense and the results forwarded to the City of Nampa water department.

Replacement of faulty parts. Annual inspection and testing of all installed backflow prevention assemblies shall be carried out by a qualified and approved testing firm of the customer's choice. Any parts found faulty shall be replaced. All inspection, testing and parts replacement data shall be forwarded to the city. All of this work shall be carried out at the customer's expense.

Proof required. All backflow testers will be required to show proof of the following:

Carry a minimum of $500,000.00 liability insurance.

Be licensed or recertified within the past 24 months.

Test equipment must be recalibrated within the past 12 months.

Current copy of proof of insurance and recalibration certificate must be on file with the City of Nampa water department.

Frequency of testing. When the city considers it necessary, because of the degree of hazard involved should any cross connection occur, inspection and testing may be more frequent than annually.

Right of entry allowed. During reasonable hours, all customers shall permit entry of the city to inspect for cross connections.

Newly constructed premises; compliance required. No water service shall be supplied to any newly constructed premises until the said premises has successfully passed the city inspection for cross connections and complies with this chapter.

Existing industrial and commercial structures. Inspection shall be made by the City of Nampa waterworks department to verify that the requirement of a cross connection control assembly has been met. Inspection shall be made by the city waterworks department after the assembly has been installed and prior to its certification. Request for inspection shall be the responsibility of the customer.

Final determination. The Nampa Water Department shall make the final determination regarding cross connections.

(Ord. 3548, 2-21-2006)

Grounds for termination of water service.

The following shall be grounds for termination of water service to a customer:

Failure to install, maintain, inspect and test any backflow prevention assembly required by this chapter.

Refusal of access, during reasonable hours, to any property for the purpose of determining whether or not cross connections exist.

Any owner who refuses to comply with current procedures and practices required by this chapter.

Only upon the customer's complete compliance with this chapter shall the service be resumed.

Penalty imposed. Any customer who violates or refuses to comply with this chapter, or commits any act or omission that is prohibited or is made or declared to be unlawful or an offense, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall, for each offense, be subject to a fine not exceeding $300.00 or imprisonment for a term not exceeding six months, or both such fine and imprisonment.

Every day of any violation or offense or commission of any prohibited act or omission shall constitute a separate violation.

False test results. Any tester found to have turned in false test results on a backflow prevention assembly shall be banned from testing in the City of Nampa for a period of six months, upon first violation. If a second violation occurs, the tester will be banned from testing in the City of Nampa permanently.

(Ord. 3548, 2-21-2006)

Footnotes:

--- (1) ---

Editor's note— Ord. No. 4006, adopted Feb. 6, 2012, repealed Ch. 6 which pertained to stormwater and drainage system utility.

Sections:

Purpose and policy. This chapter sets forth uniform requirements for dischargers into the city wastewater collection and treatment system (POTW) and enables the city to protect public health in conformity with all applicable local, state and federal laws including the clean water act (33 USC 1251 et seq.) and the general pretreatment regulations (40 CFR part 403).

The objectives of this chapter are:

To prevent the introduction of pollutants into the city wastewater system which will interfere with the normal operation of the system or the use and disposal of the resulting sludge in compliance with applicable statutes and regulations;

To prevent the introduction of pollutants into the city wastewater system which do not receive adequate treatment in the POTW, and which will pass through the system into receiving waters or the atmosphere, or otherwise be incompatible with the system;

To improve the opportunity to recycle and reclaim wastewater and sludge from the system;

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

To improve the opportunity to recycle and reclaim wastewater and sludge from the POTW.

Provisions and applications. This chapter provides for the regulation of discharges into the city wastewater system through the enforcement of administrative regulations; this chapter shall apply to all users of the POTW. This chapter authorizes the issuance of wastewater discharge permits; authorizes monitoring, compliance and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. This chapter does not provide for recovery of operations, maintenance or replacement costs of the POTW, or the costs associated with the construction of collection and treatment systems used by industrial dischargers, in proportion to their use of the POTW, which are the subject of separate enactments.

Public works director. Except as otherwise provided herein, the public works director shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the public works director may be delegated by the public works director to other city personnel.

Short title. This chapter shall be known as the Wastewater Discharger Compliance Ordinance.

(Ord. 3765, 12-17-2007)

The following acronyms as used in this chapter shall have the reference to and therefore the meaning of the word as herein set forth:

ASPP	Accidental spill prevention plan
BMPs	Best management practices
BOD	Biochemical oxygen demand
CFR	Code of federal regulations
COD	Chemical oxygen demand
EPA	U.S. environmental protection agency
gpd	Gallons per day
IDEQ	Idaho Department of Environmental Quality
IPDES	Idaho Pollutant Discharge Elimination System
l	Liter
LEL	Lower explosive limit
mg	Milligrams
mg/l	Milligrams per liter
NPDES	National pollutant discharge elimination system
O&M	Operation and maintenance
POTW	Publicly owned treatment works
RCRA	Resource conservation and recovery act
SIC	Standard industrial classification
SU	Sewer user
SWDA	Solid waste disposal act (42 USC 6901 et seq.)
TDS	Total dissolved solids
TSS	Total suspended solids
USC	United States Code

(Ord. 3765, 12-17-2007; Amd. Ord. 4493, 2-18-2020)

Unless a provision explicitly states otherwise, the following words and phrases, as used in this chapter, shall mean and refer as herein set forth:

Act: The clean water act of 1972 (33 USC 1251 et seq.) as amended.

Applicable pretreatment standards: For any specified pollutant, general discharge prohibitions, city's specific limitations on discharge, state standards, the categorical pretreatment standards (when effective), whichever standard is most stringent.

Approval authority: The Idaho Department of Environmental Quality.

Authorized representative of the user:

If the user is a corporation:

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

The manager of one or more manufacturing, production, or operation facilities, provided the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations and initiate and direct other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. This authorization must be made in writing by the principal executive officer or ranking elected official and submitted to the city prior to or together with the report being submitted by the user and contain the certification in subsection 8-9-6.D.1 of this chapter.

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

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

The individuals described in subsections A through C of this definition may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city and contain the certification in subsection 8-9-6.D.1 of this chapter. If an authorization in this definition is no longer accurate because a different individual or position has responsibility for environmental matters for the company, a new authorization satisfying the requirements of this definition must be submitted to the city prior to or together with any reports to be signed by the authorized representative.

Best management practices (BMPs): BMPs means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 CFR section 403.5(a)(1) and (b). BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

Biochemical oxygen demand (BOD): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20 degrees centigrade, usually expressed as a concentration (milligrams per liter, mg/l).

Board of appraisers: A board consisting of six citizens residing within city limits, appointed by the mayor and confirmed by city council. The board shall establish all rates, charges or fees charged under this chapter. The board shall also conduct hearings and hear appeals from services, regulations, and fees charged under this chapter. The board's decisions shall be presented to the council for approval.

Brine: Wastewater containing total dissolved solids (TDS) in excess of 25,000 milligrams per liter or 0.2 pounds per gallon.

Categorical pretreatment standard or categorical standard: Any regulation containing pollutant discharge limits promulgated by the US EPA in accordance with section 307(b) and (c) of the act (33 USC 1317) which apply to a specific category of users and which appear in 40 CFR chapter I, subchapter N, parts 405—471.

Categorical user: A user covered by one of EPA's categorical pretreatment standards.

City: City of Nampa, or the city council of Nampa, or its authorized representatives.

Color: The optical density at the visual wavelength of maximum adsorption, relative to distilled water. One hundred percent transmittance is equivalent to zero optical density.

Composite sample: The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.

Control authority: The City of Nampa whose pretreatment program has been approved in accordance with the requirements of 40 CFR 403.11.

Cooling water or noncontact cooling water: Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product. Cooling water can be discharged from any use, such as air conditioning, heat exchangers, cooling or refrigeration to which the only pollutant added is heat.

Discharger; industrial discharger: Any nonresidential user who discharges an effluent into a POTW by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto.

Domestic user (residential user): Any person who contributes, causes or allows the contribution of wastewater into the Nampa POTW that is of a similar volume and/or chemical makeup as that of a residential dwelling unit. Dischargers from a residential dwelling unit typically include up to one hundred gallons per capita per day, 0.2 pounds of BOD per capita, and 0.17 pounds of TSS per capita.

Environmental Protection Agency (EPA): The U.S. environmental protection agency or, where appropriate, the regional water management division director, or other duly authorized official of said agency.

Existing source: Any source of discharge, the construction or operation of which commenced prior to publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with section 307 of the act.

Existing user: For noncategorical users, an "existing user" is defined as any user that is discharging wastewater prior to the effective date hereof.

Grab sample: A sample collection which is taken from a waste stream on a onetime basis without regard to the flow in the waste stream or without consideration of time. An individual sample collected over a period of time not exceeding 15 minutes. The collection of influent grab samples should precede the collection of effluent samples by approximately one detention period except that where the detention period is greater than 24 hours such staggering of the sample collection may not be necessary or appropriate. The detention period should be based on a 24-hour average daily flow value. The average daily flow should in turn be based upon the average of the daily flows during the same month of the previous year. Grab sampling should be employed where the pollutants being evaluated are those, such as cyanide and phenol, which may not be held for an extended period because of biological, chemical or physical interaction which take place after sample collection and affect the results.

IDEQ: The Idaho Department of Environmental Quality. Identified as the approval authority over the Nampa Industrial Pretreatment Program.

Indirect discharge: The introduction of pollutants into a POTW from any nondomestic source regulated under section 307(b), (c), or (d) of the act.

Industrial user: See definition of user or industrial user.

Industrial waste: Solid, liquid or gaseous waste resulting from any industrial, manufacturing, trade or business process or from the development, recovery or processing of natural resources.

Interference: A discharge which alone or in conjunction with a discharge or discharges from other sources, either: a) inhibits or disrupts the POTW, its treatment processes or operations; b) inhibits or disrupts its sludge processes, use or disposal; or c) is a cause of a violation of any requirement of the city's NPDES permit or to the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): section 405 of the clean water act, the solid waste disposal act (SWDA) (including title II more commonly referred to as the resource conservation and recovery act (RCRA)), and including state regulations contained in any state sludge management plan prepared pursuant to subtitle D of the SWDA, the clean air act and the toxic substances control act.

Local limits: Pretreatment standards developed by the city to enforce the specific and general prohibitions, and to prevent POTW and environmental problems due to nondomestic discharges.

Maximum allowable discharge limit: The maximum concentration (or loading) of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.

May: Is permissive.

Medical wastes: Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

NPDES: National pollutant discharge elimination system permit program as administered by the IDEQ.

New source:

Any building, structure, facility or installation from which there is or may be a discharge, the construction of which commenced after publication of proposed pretreatment standards under section 307(c) of the clean water act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

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

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

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

Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure facility or installation meeting the criteria of subsection A.2 or A.3 of this definition but otherwise alters, replaces or adds to existing process or production equipment.

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

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

Placement, assembly or installation of facilities or equipment; or

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

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

New user: A "new user" is not a "new source" and is defined as a user that applies to the city for a new building permit or any person who occupies an existing building and plans to begin discharge of wastewater to the city's collection system after the effective date hereof. Any person that buys an existing facility that is discharging nondomestic wastewater will be considered an "existing user" if no significant changes are made in the manufacturing operation.

Other wastes: Decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals and all other substances except sewage and industrial wastes.

Pass through: The discharge of pollutants through the POTW into navigable waters in quantities or concentrations which are a cause, in whole or in part, of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).

Permittee: A person or user issued a wastewater discharge permit.

Person: Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, or local governmental entities.

pH: A measure of the acidity or alkalinity of a substance, expressed in standard units.

Pollutant: Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural and industrial wastes, and the characteristics of the wastewater (i.e., pH, temperature, TSS, turbidity, color, BOD, chemical oxygen demand (COD), toxicity, or odor).

Pretreatment: The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to (or in lieu of) introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical or biological processes; by process changes; or by other means (except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard).

Pretreatment requirements: Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

Pretreatment standards or standards: Prohibited discharge standards, categorical pretreatment standards, and local limits and/or BMPs established by the city.

Prohibited discharge standards or prohibited discharges: Absolute prohibitions against the discharge of certain substances; these prohibitions appear in section 8-9-4 of this chapter.

Publicly owned treatment works (POTW): A "treatment works" as defined by section 212 of the act (33 USC 1292) which is owned by the City of Nampa. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant. The term also means the City of Nampa.

Septic tank waste: Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.

Sewage: Water carried human wastes or combination of water carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface, storm or other waters as may be present.

Sewer: Any pipe, conduit, ditch or other device used to collect and transport sewage or storm water from the generating source.

Shall: Is mandatory.

Significant industrial user: An industrial user of the city's wastewater disposal system who:

Is subject to or potentially subject to categorical pretreatment standards; or

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

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

Is determined by the city to have a significant impact or potential for 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.

Upon finding a user meeting the criteria in subsections A through D of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any applicable pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from a user (and in accordance with procedures in 40 CFR 403.80(6)) determine such user should not be considered a significant industrial user.

Slug load: Any substance released in a discharge at a flow rate and/or concentration which could cause a violation of the discharge standards in section 8-9-4 of this chapter or any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge.

Standard industrial classification (SIC) code: A classification pursuant to the "Standard Industrial Classification Manual" issued by the United States office of management and budget.

Storm water: Any flow of water which is storm water runoff and/or snow melt runoff and/or surface runoff and/or drainage.

Superintendent: The person assigned to be in charge of the operation of the wastewater treatment plant at the time of this reading, and who is charged with certain duties and responsibilities by this chapter, or his authorized representative.

Suspended solids (ss): A well-mixed sample that is filtered through a weighed standard glass fiber filter and the residue retained on the filter and dried at 103 to 105 degrees Celsius. The increase in weight of the filter represents the suspended solids.

Total dissolved solids (TDS): The portion of solids that passes through a filter of 2.0 µm (or smaller) nominal pore size and subsequently dried at 103 to 105 degrees Celsius). The dried residual represents total dissolved solids. TDS consists of organic and inorganic constituents.

Total suspended solids (TSS): The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is determined by procedure as defined in suspended solids (SS).

Toxic pollutants: Those substances listed in the federal priority pollutant list and any other pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the environmental protection agency under section 307 of the clean water act (33 USC 1317).

Treatment plant effluent: The discharge from the POTW into waters of the United States.

Upset: An exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with applicable pretreatment standards adopted by the city, due to the factors beyond the reasonable control of the discharger, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation thereof.

User or industrial user: A source of indirect discharge. The source shall not include "domestic user" as defined herein.

Wastewater: Industrial waste, or sewage or any other waste including that which may be combined with any ground water, surface water or storm water that may be discharged to the POTW.

Wastewater discharge permit: An authorization or equivalent control document issued by the city to users discharging wastewater to the POTW. The permit may contain appropriate pretreatment standards and requirements as set forth in this chapter. It may also be called an "industrial wastewater acceptance permit".

Wastewater treatment plant: That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.

(Ord. 3765, 12-17-2007; Amd. Ord. 4493, 2-18-2020; Ord. No. 4796, § 1(Exh. A), 3-18-2024)

General discharge prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements. The following are specifically prohibited:

Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient, either alone or by interaction, to cause fire or explosion or be injurious in any other way 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 nor any single reading over ten percent of the lower explosive limit of the meter. No waste stream having a closed cup flashpoint of less than 140 degrees Fahrenheit (60°C) using the test methods specified in 40 CFR 261.21 is allowed to be discharged to the POTW.

Solid or viscous substances which will or may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater system.

Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of 100 milligrams per liter, for nonbiodegradable (mineral) fats, oils and greases or in excess of 250 milligrams per liter for biodegradable (nonmineral) fats, oils and greases, or containing substances which may solidify or become viscous at temperatures between 32 degrees and 150 degrees Fahrenheit (or 0° and 65°C).

Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower (0.76 hp metric) or greater, shall be subject to the review and approval of the superintendent.

Any pretreatment sludges and spent chemicals generated shall be disposed of in accordance with section 405 of the clean water act and subtitles C and D of the resource conservation and recovery act.

Any wastewater having a pH less than 6.0 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the system, such as, but not limited to, battery or plating acids and wastes, copper sulfate, chromium salts and compounds, or salt brine.

Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, or to exceed the limitation set forth in the categorical pretreatment standards, as promulgated, which is hereby adopted by reference.

Any noxious or malodorous liquids, gases, or solids which, either singly or by interaction, are capable of creating a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for their maintenance and repair.

Any substance which may cause the POTW's effluent or treatment 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 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 on disposal developed pursuant to the solid waste disposal act, the clean air act, the toxic substances control act, or State standards applicable to the sludge management method being used.)

Any substance which will cause the POTW to violate its NPDES and/or other disposal system permits.

Any substance with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions. Color (in combination with turbidity) shall not cause the treatment plant effluent to reduce the depth of the compensation point for photosynthetic activity by more than ten percent from the seasonably established norm for aquatic life.

Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference; but in no case, any liquid or vapor having a temperature higher than 150 degrees Fahrenheit (66°C), or having temperatures sufficient to cause the influent to the treatment plant to exceed 104 degrees Fahrenheit (40°C) unless the approval authority, upon the request of the city, approves the alternate limits.

10.

Any pollutant released in such strength or volume as to cause interference in the treatment plant.

11.

Any unpolluted water including, but not limited to, noncontact cooling water, unless approved by the board of appraisers.

12.

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

13.

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

14.

Any waters or wastes containing heavy metals and similar objectionable or toxic substances to such a degree that any such material received in the composite sewage at the point of discharge exceeds the limits as follows. All concentrations for metallic substances are for "total" metal unless indicated otherwise. The Superintendent may impose mass limitations in addition to, or in place of, the concentration based limitations below. Where a user is subject to a categorical pretreatment standard and a local limit for a given pollutant, the more stringent limit shall apply.

DAILY MAXIMUM ALLOWABLE DISCHARGE LIMITS

Arsenic	0.05 mg/L
Cadmium	0.26 mg/L
Chromium	2.26 mg/L
Copper	0.40 mg/L
Cyanide	0.23 mg/L
Lead	0.43 mg/L
Mercury	0.001 mg/L
Nickel	1.20 mg/L
Silver	0.24 mg/L
Zinc	0.99 mg/L

15.

Truck or hauled pollutants, except at discharge points designated by the city and in accordance with this section.

16.

Stormwater, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the superintendent.

17.

Medical wastes, except as specifically authorized by the superintendent in a wastewater discharge permit.

18.

Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test.

19.

Detergents, surface active agents, or other substances which may cause excessive foaming in the POTW.

20.

Grease, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dusts, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, gas, tar asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes.

21.

Any wastewater, which in the opinion of the superintendent can cause harm either to the sewers, sewage treatment process, or equipment; have an adverse effect on the receiving stream; or can otherwise endanger life, limb, public property, or constitute a nuisance, unless allowed under special agreement by the superintendent (except that no special waiver shall be given from categorical pretreatment standards).

22.

The contents of any tank or other vessel owned or used by any person in the business of collecting or pumping sewage, effluent, septage or other wastewater unless said person has first obtained testing and approval as may be generally required by the City of Nampa and paid all fees assessed for the privilege of said discharge.

23.

Persistent pesticides and/or pesticides regulated by the federal insecticide fungicide rodenticide act (FIFRA).

24.

Pollutants, substances or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW.

25.

Pollutants which result in the presence of toxic gases, vapors or fumes within in the POTW in a quantity that may cause acute worker health and safety problems.

26.

Any hazardous waste as defined in rules published by the State of Idaho or in 40 CFR part 261.

27.

Sewage sludge, except in accordance with the city's NPDES permit, providing that it specifically allows the discharge to surface waters of sewage sludge pollutants.

Other limitations.

Categorical pretreatment standards. Categorical pretreatment standards as promulgated by the environmental protection agency pursuant to the act shall be met by all dischargers of the regulated industrial categories. The categorical pretreatment standards found at 40 CFR chapter I, subchapter N, parts 405—471, are hereby incorporated. An application for modification of the categorical pretreatment standards may be considered for submittal to the approval authority by the city, when the city's wastewater treatment system achieves consistent removal of the pollutants as defined by 40 CFR section 403.7.

State requirements and limitations. State requirements and limitations on discharges to the POTW shall be met by all users which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations, or those in this chapter or other applicable ordinances.

Right of revision. The city reserves the right to amend this chapter or an industrial wastewater permit to provide for more stringent limitations or requirements on discharges to the POTW where deemed necessary to comply with the objectives set forth in subsection 8-9-1.A of this chapter.

Dilution. Dilution is prohibited as substitute for treatment. Except where expressly authorized to do so by an applicable pretreatment standard or requirement, no industrial user shall ever increase the use of process water, or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a pretreatment standard or requirement. The control authority may 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 is appropriate.

Mass limitations. The city may impose mass limitations on dischargers which are using dilution to meet the pretreatment standards or requirements of this chapter or, in other cases, where the imposition of mass limitations is deemed appropriate by the city.

Special agreements. The city reserves the right to enter into special agreements with users setting out special terms under which they may discharge to the POTW. In no case will a special agreement waive compliance with a categorical pretreatment standard or federal pretreatment requirement. However, the user may request a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. They may also request a variance from the categorical pretreatment standard from the approval authority. Such a request will be approved only if the user can prove that factors relating to its discharge are fundamentally different from the factors considered by IDEQ when establishing that categorical pretreatment standard. A user requesting a fundamentally different factor variance must comply with the procedural substantive provisions in 40 CFR 403.13.

Provide necessary treatment. Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all applicable pretreatment standards and requirements set out in this chapter within the time limitations specified by the EPA, IDEQ or the city, whichever is more stringent. 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 acceptable discharge to the city under the provisions of this chapter.

Compliance by existing users. Compliance by existing users (categorical users) covered by categorical pretreatment standards shall be within three years of the date the standard is effective unless a shorter compliance time is specified in the appropriate standard. The city shall establish a final compliance deadline date for any existing significant industrial user (SIU) not covered by categorical pretreatment standards or for any categorical user when the local limits for said user are more restrictive than EPA's categorical pretreatment standards.

New users. New source dischargers and "new users" (that fit the definition of SIU) are required to comply with applicable pretreatment standards within the shortest feasible time (not to exceed 90 days from the beginning of discharge). New sources and "new users" shall install and have in operating condition and shall "start up" all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge.

10.

Compliance date. Any wastewater discharge permit issued to a categorical user shall not contain a compliance date beyond any deadline date established in EPA's categorical pretreatment standards. Any other existing SIU, which is in noncompliance with any local limits shall be provided a compliance schedule placed in an order or other similar enforcement document as outlined elsewhere in this chapter.

11.

Interceptors provided. Fats, oils, greases, and sand interceptors shall be provided when, in the opinion of the superintendent, they are necessary for the proper handling of wastewater containing excessive amounts of fats, oils, greases, or sand, except that such interceptors shall not be required for residential users. All interception units shall be of type and capacity approved by the superintendent and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned and repaired regularly, as needed, by the user at his expense. Interceptor maintenance and cleaning records shall be maintained by the user and made available to pretreatment inspectors for review upon request. The introduction of chemical, bacterial and/or enzyme or any other additive into a grease or grit interceptor is prohibited unless approved by the superintendent.

12.

Detection meter. Users with the potential to discharge flammable substances may be required to install and maintain an approved, combustible gas detection meter.

Accidental discharge/slug control plans. The city may require any user to develop and implement an accidental discharge/slug control plan. Where deemed necessary by the city, facilities to prevent accidental discharge or slug discharges of pollutants shall be provided and maintained at the user's cost and expense. An accidental spill prevention plan/slug control plan showing facilities and operating procedures to provide this protection shall be submitted to the city for review and approval before implementation. The city shall determine which user is required to develop a plan and require said plan to be submitted within 90 days after notification by the city. Each user shall implement its ASPP as submitted or as modified after such plan has been reviewed and approved by the city. Review and approval of such plans and operating procedures by the city shall not relieve the user from the responsibility to modify its facility as necessary to meet the requirements of this section.

Users shall immediately notify the city wastewater treatment plant of any changes at its facility affecting the potential for a slug discharge. Users shall notify the city wastewater treatment plant immediately after the occurrence of a slug or accidental discharge of substances regulated by this Code. The notification shall include location of discharge date and time thereof, type of waste, concentration and volume, and corrective actions. Any affected user shall be liable for any expense, loss, or damage to the POTW, in addition to the amount of any fines imposed on the city on account thereof under state or federal law.

Within five days following an accidental discharge, the user shall submit to the city 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 code or other applicable law.

Signs shall be permanently posted in conspicuous places on the user's premises advising employees whom to call in the event of a slug or accidental discharge. Employers shall instruct all employees who may cause or discover such a discharge with respect to emergency notification procedures.

Any user required to develop and implement an accidental discharge/control slug plan shall submit a plan which addresses, at a minimum, the following:

Description of discharge practices, including nonroutine batch discharges;

Description of stored chemicals;

Procedures for immediately notifying the POTW of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any of the standards in this section; and

Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response.

Best management practices. The city may develop best management practices (BMPs) to implement this section. Such BMPs shall be considered discharge limits and pretreatment standards for the purpose of this section and section 307(d) of the act.

(Ord. 3765, 12-17-2007; Ord. 4427, 4-15-2019; Amd. Ord. 4493, 2-18-2020; Ord. No. 4591, § 1, 8-16-2021; Ord. No. 4796, § 1(Exh. A), 3-18-2024)

Purpose. It is the purpose of this section to provide for the payment of fees from dischargers to the city's wastewater disposal system, to compensate the city for the cost of administration of the pretreatment programs established herein.

Charges and fees. The city shall adopt charges and fees which may include:

Fees for monitoring, inspections and surveillance procedures;

Fees for filing appeals;

Fees for reviewing accidental discharge procedures and construction.

Separable. These fees relate solely to the matters covered by this chapter and are separate from all other fees, fines, and penalties chargeable by the city.

(Ord. 2696)

No industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the city; the permit must be enforceable and contain all the elements in 40 CFR 403.8(f)(1)(iii)(B). It shall be unlawful to discharge sewage, industrial wastes or other wastes to any sewer within the jurisdiction of the city, and/or to the POTW without having first complied with the terms of this chapter. All industrial dischargers proposing to discharge waste to the POTW shall comply with all terms of this chapter prior to discharging waste to the POTW. The city may require other users, including liquid waste haulers, to obtain wastewater discharge permits to carry out the purposes of this chapter. Domestic users are exempt from the provisions of this chapter.

Disclosure forms. Prior to the city granting a wastewater discharge permit, the industrial discharger shall complete and file with the city a disclosure declaration in the form prescribed by the city. Existing industrial dischargers shall file disclosure forms within 30 days of being notified by the city and proposed new users and new sources shall file their disclosure forms at least 90 days prior to connecting to the POTW. Categorical users submitting the following information shall have complied with 40 CFR 403.12(b) within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision made upon a category determination submission under 40 CFR 403.6(a)(4). The city will evaluate the complete disclosure form and data furnished by the discharger and may require additional information. Within 30 days after full evaluation and acceptance of the data furnished, the city shall notify the discharger of the city's acceptance thereof. A wastewater discharge permit may be issued setting forth limitations of various waste strengths as addressed under section 8-9-4 of this chapter. The city reserves the right not to issue a wastewater discharge permit. The disclosure to be made by the discharger shall be on written forms provided by the city and shall cover:

Disclosure of name of facility, address and location of the facility, owner's and operator's name (if different).

Disclosure of wastewater sampling and analysis identifying the nature and concentration (or mass where required by the city) of regulated pollutants contained in section 8-9-4 of this chapter. Both daily maximum and average concentration (or mass, where required) shall be reported. A minimum of one representative sample is necessary to comply with this subsection A.2. Sampling and analysis shall be performed in accordance with procedures established by the EPA and contained in 40 CFR, part 136, as amended.

Disclosure of time and duration of discharges. Categorical users shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated, manufacturing process streams or other streams as necessary to allow use of the combined waste stream formula of 40 CFR 403.6(e).

Disclosure of average daily and instantaneous peak wastewater flow rates, in gallons per day, including daily, monthly and seasonal variations, if any. All flows shall be measured unless other verifiable techniques are approved by the city due to cost or nonfeasibility.

Disclosure of site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, inspection manholes, sampling chambers and appurtenances by size, location and elevation.

Description of activities, facilities and plant processes on the premises including all materials which are or may be discharged to the sewers or works of the city.

Disclosure of the nature and concentration of any pollutants or materials prohibited by this chapter and all applicable pretreatment standards in the discharge, together with a statement regarding whether or not compliance is being achieved with this chapter on a consistent basis and, if not, whether additional pretreatment is required for the discharger to comply with this chapter. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) for a categorical user covered by a categorical pretreatment standard, this adjusted limit along with supporting data shall be submitted as part of the application.

Disclosure of each product produced by type, amount, process or processes and rate of production as it relates to wastewater flow generation, number of employees, a schematic process diagram indicating points of discharge from regulated or manufacturing processes.

Disclosure of the type and amount of raw materials, including chemicals utilized (average and maximum per day) and normal operating hours.

10.

All disclosure forms shall be signed by an authorized representative of the user using the certification text stated in subsection D.1 of this section.

11.

A list of any environmental control permits held by or for the facility.

12.

The user shall submit any other information as may be deemed necessary by the city to evaluate the wastewater discharge application.

Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.

Industrial waste discharge permit. The city will evaluate the data furnished by the user and may require additional information. Within 30 days of receipt of a completed wastewater discharge application, the city will determine whether or not to issue a wastewater discharge permit. Upon determination to issue, the permit shall be issued within 30 days of full evaluation and acceptance of the data furnished. The city may deny any application for a wastewater discharge permit.

Industrial wastewater permits shall include such conditions as are reasonably deemed necessary by the superintendent to prevent pass through or interference, protect the quality of Indian Creek, protect worker health and safety, facilitate sludge management and disposal, and protect the POTW against damage.

Wastewater permit contents. Wastewater discharge permits must contain the following conditions:

A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years. Each significant industrial user discharge permit will indicate a specific date upon which it will expire;

A statement that the wastewater discharge permit is nontransferable without prior notification to (and approval from) the superintendent, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;

Effluent limits, including best management practices, applicable pretreatment standards and requirements, including any special state requirements;

Self-monitoring, sampling, reporting, notification, submittal of technical reports, compliance schedules, and record keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law;

Requirement to notify the city immediately of all discharges that could cause problems to the POTW including any slug loadings as defined in section 8-9-3 of this chapter;

Requirement for immediate notification to the POTW where self-monitoring results indicate noncompliance;

Requirement to report a bypass or upset of a pretreatment facility;

Requirement for the SIU who reports noncompliance to repeat the sampling analysis within five days and submit results to the POTW within 30 days after becoming aware of the violation;

A statement of applicable civil, criminal, and administrative penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule;

Requirements to control slug discharges, if determined to be necessary by the city.

Wastewater discharge permit conditions.

Permits reassigned or transferred. Wastewater discharge permits may be reassigned or transferred to a new owner and/or operator only if the permittee gives at least 30 days' advance notice to the superintendent and the superintendent approves the wastewater discharge permit transfer. The notice to the superintendent must include a written certification by the new owner and/or operator which:

(1)

States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;

(2)

Identifies the specific date on which the transfer is to occur; and

(3)

Acknowledges full responsibility for complying with the existing wastewater discharge permit.

Provided that the above occurs and that there were no significant changes to the manufacturing operation or wastewater discharge, the new owner will be considered an existing user and be covered by the existing limits and requirements in the previous owner's permit.

Failure to provide advance notice of a transfer renders the wastewater discharge permit voidable as of the date of facility transfer.

Duty to reapply. The city shall notify the discharger 90 days prior to the expiration of the discharger's wastewater discharge permit. Within 30 days of the notification, the discharger shall reapply for reissuance of the wastewater discharge permit on a form provided by the city. A user, whose existing wastewater discharge permit has expired and who failed to submit its reapplication in the time period specified herein, will be deemed to be discharging without a wastewater discharge permit.

Severability. The provisions of a wastewater discharge permit are severable, and if any provision of this wastewater discharge permit, or the application of any provision of this permit to any circumstance is held invalid, the application of such provision to other circumstances, and the remainder of this permit shall not be affected thereby.

Property rights. The issuance of a wastewater discharge permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any invasion of personal rights, nor any infringement of federal, state or local regulations.

Permit holders outside city limits. All permit holders outside the city limits shall be subject to all the same sewer use regulations as permit holders inside the city limits.

Inspection and sampling points. The city may require inspection and sampling manholes, flow recording devices, or sampling equipment at each sewer discharge to the city if deemed necessary by the superintendent to assure compliance with this chapter. The superintendent may require the construction and maintenance of sampling facilities at other locations (for example, at the end of a manufacturing line, or wastewater treatment system). All devices used to measure wastewater flow and quality shall be calibrated to ensure their accuracy.

Wastewater discharge permit appeals. Any person, including the user, may petition the city to reconsider the terms of a wastewater discharge permit within 90 days of its issuance.

Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection and the alternative condition, if any, it seeks to place in the wastewater discharge permit.

The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.

If the city fails to act within 30 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit, shall be considered final administrative actions for purposes of judicial review.

Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the district court for Canyon County within the State of Idaho.

Wastewater discharge permit modification. The superintendent may modify the wastewater discharge permit for good cause including, but not limited to, the following:

To incorporate any new or revised federal, state or local pretreatment standards or requirements.

To address significant alterations or additions to the user's operation, processes or wastewater volume or character since the time of wastewater discharge permit issuance.

A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge.

Information indicating that the permitted discharge poses a threat to the city's POTW, city personnel or the receiving waters.

Violation of any terms or conditions of the wastewater discharge permit.

Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting.

Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13.

To correct typographical or other errors in the wastewater discharge permit.

To reflect a transfer of the facility ownership and/or operation to a new owner/operator.

Revocation of wastewater discharge permit. The wastewater discharge permit issued to the industrial user by the city may be revoked for, but not limited to, the following reasons:

Failure to notify the city of significant changes to the wastewater prior to the changed discharge;

Failure to provide notification to the city of changed conditions;

Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

Falsifying self-monitoring reports;

Tampering with monitoring equipment;

Refusing to allow the city timely access to the facility premises and records;

Failure to meet discharge limitations;

Failure to pay fines;

Failure to pay sewer charges;

Failure to meet compliance schedules;

Failure to complete a wastewater survey or the wastewater discharge permit application;

Failure to provide advance notice of the transfer of a permitted facility;

Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter; or

If the city has to invoke its emergency provision as stated in section 8-9-7 of this chapter.

Compliance schedules for meeting applicable pretreatment standards. Where additional pretreatment and/or operation and maintenance activities will be required to comply with this chapter, the discharger shall provide a declaration of the shortest schedule by which the discharger will provide such additional pretreatment and/or implementation of additional operational and maintenance activities.

The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment equipment required for the discharger to comply with the requirements of this chapter including, but not limited to, dates relating to hiring an engineer, hiring other appropriate personnel, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, and all other acts necessary to achieve compliance with this chapter.

Only upon recommendation of the board of appraisers and approval of the city council shall the city permit the total compliance schedule period to exceed nine months. Categorical industrial users shall not be allowed to exceed nine months for compliance schedule completion.

Not later than 14 days following each milestone date in the schedule and the final date for compliance, the discharger shall submit a progress report to the city, including no less than a statement as to whether or not it complied with the increment of progress represented by that milestone 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 discharger to return the construction to the approved schedule.

Reporting requirements for discharger.

Compliance date report. Within 90 days following the commencement of the introduction of wastewater into the POTW by a new discharger, any discharger subject to this chapter shall upon request of the superintendent submit to the city a report indicating the nature and concentration of all prohibited or regulated substances contained in its discharge, and the average and maximum daily flow in gallons. In the case of categorical dischargers, the flows and pollutant concentrations (or mass) of the waste streams from processes regulated under categorical standards must be reported separately. This report shall state whether 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 discharger into compliance with applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the discharger with 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, true, 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.

Periodic compliance reports.

Discharger report. Any discharger subject to any applicable pretreatment standard set forth in this chapter, after the compliance date of such pretreatment standard, or in the case of a new user after commencement of discharge to the city, shall comply with all applicable requirements under 40 CFR 403.12 and submit to the city during the months of May and November by the tenth of each applicable month, unless required more frequently by the city, a report indicating the nature and concentration of prohibited or regulated substances in the effluent which are limited by the pretreatment standards hereof. In addition, this report shall include a record of all measured or estimated average and maximum daily flows during the reporting period reported in subsection D.1 of this section. Flows shall be reported based on actual measurement, provided, however, where cost or feasibility considerations justify, the city may accept reports of average and maximum flows estimated by verifiable techniques. The city, for good cause shown considering such factors as local high or low flow rates, holidays, budget cycles, or other extenuating factors, may authorize the submission of said reports on months other than those specified above. A certification statement signed by an authorized representative of the discharger is required as a part of the periodic compliance reports for categorical users. (See subsection D.1 of this section.)

City may require reporting. The city may require reporting by users that are not required to have an industrial wastewater discharge permit if information or data is needed to establish a sewer charge, determine the treatability of the effluent or determine any other factor which is related to the operation and maintenance of the sewer system.

Self-monitoring. The city may require self-monitoring by the user or, if requested by the user, may agree to perform the periodic compliance monitoring needed to prepare the periodic compliance report required under this section. If the city agrees to perform such periodic compliance monitoring, it may charge the user for such monitoring, based upon the costs incurred by the city for sampling and analyses. Any such charges shall be added to the normal sewer charge and shall be payable as part of the sewer bills. The city is under no obligation to perform periodic compliance monitoring for a user.

Report contents. Reports of dischargers shall contain all results of sampling and analysis of the discharge, including the flow and the nature and concentration of regulated pollutants, or production and mass where required by the city. The frequency of monitoring by the discharger shall be as prescribed by the city but not less than twice a year unless the city agrees to sample instead. All analyses shall be performed in accordance with procedures established by the city pursuant to section 304(g) of the act and contained in 40 CFR, part 136, in subsection I of this section, and amendments thereto, or with any other test procedures approved by the city. Sampling shall be performed in accordance with the techniques approved by the city and shall be representative of wastewater discharges during the reporting period. Where 40 CFR, part 136, does not include sampling or analytical techniques for the pollutants in question, or where the city determines that the part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods, or any other sampling and analytical procedures including procedures suggested by the city or other parties approved by the city. A certification statement signed by an authorized representative of the discharger is required as a part of the periodic compliance reports for categorical users. (See subsection D.1 of this section.)

Notification of significant production changes. Any user operating under a wastewater discharge permit incorporating equivalent mass or concentration limits shall notify the city within two business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any user not providing a notice of such anticipated change will be required to comply with the existing limits contained in its wastewater discharge permit.

Notice of potential problems including accidental spills and/or slug loadings. Any user shall notify the city immediately of all discharges that could cause problems to the POTW including any slug loadings as defined in section 8-9-3 of this chapter. The notification shall include the concentration and volume and corrective action. Steps being taken to reduce any adverse impact should also be noted during the notification. Any user who discharges a "slug" (or slugs) of prohibited materials shall be liable for any expense, loss or damage to the POTW in addition to the amount of any fines imposed on the city under state or federal law.

Noncompliance reporting. If sampling performed by a user indicates a violation, the user shall notify the city within 24 hours of becoming aware of the violation. Within the following five days after the 24-hour notification, a follow-up written report must be provided to the city indicating the noncompliance issue and mitigation steps taken to return to compliance. The user shall also repeat the sampling within five days of the initial noncompliant notification and submit the results of the repeat analysis to the city within 30 days after becoming aware of the violation, except the user is not required to resample if:

(1)

The city performs sampling at the user's facility at a frequency of at least once per month, or

(2)

The city performs sampling at the user's facility between the time when the user performs its initial sampling and the time when the user receives the results of this sampling.

Notification of changed discharge. All users shall notify the city at least 60 days in advance of any substantial change in the volume or character of pollutants in their discharge, including significant manufacturing process changes, pretreatment modifications, and the listed or characteristic hazardous wastes for which the user has submitted initial notification under 40 CFR 403.12(p).

Record keeping. Users subject to the reporting requirements of this chapter shall retain and make available for inspection and copying all records of information obtained pursuant to any monitoring activities required by this chapter and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements including documentation associated with best management practices. The city may develop best management practices (BMPs) for recording and documentation of information obtained by users pursuant to monitoring activities. Records shall include the date, exact place, method and time of sampling and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least five years. This period shall be automatically extended for the duration of any litigation concerning the user or POTW, or where the user has been specifically notified of a longer retention period by the superintendent.

Monitoring stations. Each discharger shall provide and operate, at the discharger's own expense, a monitoring station to allow inspection, sampling, and flow measurement of each wastewater discharge to the sewer. Each monitoring station shall be situated on the discharger's premises, except where such location would be impractical or cause undue hardship on the discharger; the city may concur with the station being constructed in the public street or sidewalk area providing that the station is located so that it will not be obstructed by landscaping or parked vehicles. The city, whenever applicable, may require the construction and maintenance of sampling stations at other locations (for example, at the end of a manufacturing line, wastewater treatment system). All devices used to measure wastewater flow and quality shall be calibrated annually to ensure their accuracy.

There shall be ample room in or near such sampling station to allow accurate sampling and preparation of samples for analysis. The station, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the discharger. All devices used to measure wastewater flow and quality shall be calibrated at a frequency determined by the city to ensure their accuracy.

All monitoring stations shall be constructed and maintained in accordance with all applicable local construction standards and specifications. Construction shall be completed within 120 days of receipt of the permit by the discharger.

Inspection and sampling. The city shall have the right to enter the facilities of any user to ascertain whether the purpose of this chapter, and any wastewater discharge permit or order issued hereunder, is being met and whether the user is complying with all requirements thereof. Users shall allow the city ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying and the performance of any additional duties.

Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the city will be permitted to enter, without delay, for the purposes of performing specific responsibilities.

The city shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.

Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the city and shall not be replaced. The costs of clearing such access shall be borne by the user.

Unreasonable delays in allowing the city's pretreatment staff access to the user's premises shall be a violation of this chapter.

Sampling requirements for users.

A minimum of four grab samples must be used for pH, cyanide, total phenols, fats, oils and greases, sulfide and volatile organic compounds for facilities for which historical sampling data does not exist; for facilities for which historical sampling data is available, the city may authorize a lower minimum. The city will determine on a case by case basis whether the user may be able to composite the individual grab samples. For all other pollutants, 24-hour composite samples must be obtained through flow proportional composite sampling techniques where feasible. The city may waive flow proportional composite sampling for any user that demonstrates that flow proportional sampling is infeasible. In such cases, samples may be obtained through time proportional composite sampling techniques or through a minimum of eight grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged.

Samples should be taken immediately downstream from pretreatment facilities if such exist, or immediately downstream from the regulated or manufacturing process if no pretreatment exists, or as determined by the city and contained in the user's wastewater discharge permit. For categorical users, if other wastewaters are mixed with the regulated wastewater prior to pretreatment the user should measure the flows and concentrations necessary to allow use of the combined wastes formula of 40 CFR 403.6(e) in order to evaluate compliance with the applicable pretreatment standards. For other SIUs, for which the city has adjusted its local limits to factor out dilution flows, the user should measure the flows and concentrations necessary to evaluate compliance with the adjusted pretreatment standard(s).

All sample results shall indicate the time, date and place of sampling and methods of analysis and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges from the user. If a user sampled and analyzed more frequently than what was required in its wastewater discharge permit, it must submit all results of sampling and analysis of the discharge as part of its self-monitoring report.

The city may authorize the industrial user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the industrial user. This authorization is subject to the following conditions:

The city may authorize a waiver where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical pretreatment standard and otherwise includes no process wastewater.

The monitoring waiver is valid only for the duration of the effective period of the permit or equivalent individual control mechanism, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent control mechanism.

In making a demonstration that a pollutant is not present, the industrial user must provide data from at least one sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.

The request for a monitoring waiver must be signed in accordance with 40 CFR 403.12(1) and include the certification statement in 40 CFR 403.6(a)(2)(ii). Nondetectable sample results may only be used as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR part 136 with the lowest detection level for that pollutant was used in the analysis.

Any granting of the monitoring waiver must be included as a condition in the user's control mechanism. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the city for three years after the expiration of the waiver.

Upon approval of the monitoring waiver and revision of user's control mechanism by the city, the industrial user must certify on each report with the statement below, that there has been no increase in the pollutant in its wastewater due to activities of the industrial user:

Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 CFR [specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief there has been no increase in the level of [specify pollutant(s)] in the wastewaters due to the activities at the facility since the filing of the last periodic report under 40 CFR 403.12(e)(1).

In the event that a waived pollutant is found to be present or is expected to be present based on changes that occur in the industrial user's operations, the user must immediately: Comply with the monitoring requirements of subsection H.1 of this section or more frequent monitoring requirements imposed by the city; and notify the city.

This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.

Analytical requirements. All pollutant analyses, including sampling techniques, shall be performed in accordance with the techniques prescribed in 40 CFR part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA.

The city will follow the same procedures as outlined in subsection H of this section and this subsection I for sampling and analyzing industrial user's wastewater.

Search warrants. If the city pretreatment staff has been refused access to a building, structure or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect as part of a routine inspection program of the city designed to verify compliance with this chapter or any wastewater discharge permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the superintendent shall seek issuance of a search and/or seizure warrant from the district court of the City of Nampa. Such warrant shall be served at reasonable hours by the superintendent in the company of a uniformed police officer of the City of Nampa.

Confidential information. Information and data furnished to the city with respect to the nature and frequency of discharge shall be available to the public without restriction unless the discharger 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 or proprietary information of the discharger.

Information accepted by the city as confidential shall not be transmitted to the general public by the city until, and unless, a 10 day notification is given to the discharger, but shall be made available immediately upon request to governmental agencies for use related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report.

Wastewater constituents and characteristics will not be recognized as confidential information and will be available to the public without restriction.

Pretreatment facilities. Detailed plans showing the pretreatment facilities shall be submitted to the city for review, and must be acceptable to the city before construction of the facility. The review of such plans shall in no way relieve the discharger from the responsibility of modifying its facility as necessary to produce an effluent acceptable to the city under the provisions of this chapter. Within a reasonable time after the completion of the wastewater pretreatment facility, the discharger shall furnish its operation and maintenance procedures for the city to review. Any subsequent, significant changes in the pretreatment facility or its method of operation shall be reported to and accepted by the city prior to the discharger's initiation of the changes.

Hazardous waste notification. Any user that is discharging 15 kilograms of hazardous wastes as defined in 40 CFR 261 (listed or characteristic wastes) in a calendar month or any facility discharging any amount of acutely hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e) is required to provide a onetime notification in writing to the city, IDEQ Boise Regional Office and to the Idaho State Hazardous Materials Bureau. Any existing user exempt from this notification shall comply with the requirements contained herein within 30 days of becoming aware of a discharge of 15 kilograms of hazardous wastes in a calendar month or the discharge of acutely hazardous wastes to the POTW.

Such notification shall include:

The name of the hazardous waste as set forth in 40 CFR part 261;

The IDEQ hazardous waste number; and

The type of discharge (continuous, batch, or other).

If an industrial user discharges more than 100 kilograms of such wastes per calendar month to the sewer system, the notification shall also contain the following information to the extent it is known or 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 waste streams discharged during that calendar month, and an estimation of the mass of constituents in the waste streams expected to be discharged during the following 12 months;

An estimation of the mass of constituents in the waste streams expected to be discharged during the following 12 months.

These notification requirements do not apply to pollutants already reported under self-monitoring requirements. Whenever the EPA publishes final rules identifying hazardous wastes or new characteristics of hazardous waste, a user shall notify the city of the discharge of such a substance within 90 days of the effective date of such regulations. In the case of any notification made under this subsection, an 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.

Reports for nonpermitted users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the city as the superintendent may require.

(Ord. 3765, 12-17-2007; Amd. Ord. 4493, 2-18-2020; Ord. No. 4796, § 1(Exh. A), 3-18-2024)

Emergency suspension of service and wastewater discharge permit. The city may, without advance notice, order the suspension of the wastewater treatment service to a discharger when it appears to the city that an actual or threatened discharge:

Presents or threatens an imminent or substantial danger to the health or welfare of persons, or substantial danger to the environment. Any discharger notified by the city's suspension order shall immediately cease all discharges. In the event of failure of the dischargers to comply with the suspension order, the city is authorized to physically prevent the discharge from entering the public owned sewerage collection system, and assess all costs associated therewith to the discharger.

Threatens to interfere with the operation of the POTW, or to violate any pretreatment limits imposed by this chapter. Any discharger notified of the city's suspension order shall immediately cease all discharges. In the event of failure of the discharger to comply with the suspension order, the city may commence judicial proceedings immediately thereafter to compel the discharger's specific compliance with such order and/or to recover civil penalties. The city shall reinstate the wastewater treatment service upon proof by the discharger of the elimination of the noncomplying discharge or conditions creating the threat as set forth above.

Termination of treatment services. The city may terminate wastewater treatment services to any discharger who violates any of the following prohibitions. A discharger shall not:

Fail to factually report accurately the wastewater constituents and characteristics of its discharge;

Fail to report significant changes in wastewater constituents or characteristics;

Refuse responsible access to the discharger's premises by representatives of the city for the purpose of inspection or monitoring; or

Violate the provisions of this chapter, or any order of the city with respect thereto.

Compliance orders. When the superintendent finds that a user has violated or continues to violate any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the superintendent may issue an order to the user responsible for the discharge directing that the user come into compliance within a time specified in the order. If the user does not come into compliance within the time specified in the order, sewer service may be discontinued unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated. Compliance orders may also contain other requirements to address the noncompliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a federal pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

Compliance schedule for meeting applicable pretreatment standards.

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 the applicable pretreatment standards.

Notices of violation. When the city finds that a user has violated (or continues to violate) any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the city may serve that user a written notice of violation (NOV). If required, within five working days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the city. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

Consent orders. The city may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Use of a consent order shall not be a bar against, or a prerequisite for, taking any other action against the user.

Cease and desist orders. When the superintendent finds that a user has violated (or continues to violate) any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the superintendent may issue an order to the user directing it to cease and desist all such violations and directing the user to:

Immediately comply with all requirements; and

Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

Show cause hearing. Where the violation of section 8-9-4 of this chapter is not corrected in adherence to compliance orders or any other enforcement action in a timely manner, the city may order any discharger which suffers or permits a violation of section 8-9-4 of this chapter to show cause before the city or its duly authorized representative why the proposed service termination action should not be taken. A written notice shall be served on the discharger by personal service, or certified or registered mail, return receipt requested, specifying the time and place of a hearing to be held by the city or its designee regarding the violation; the reasons why the enforcement action is to be taken; the proposed enforcement action; and directing the discharger to show cause before the city or its designee why the enforcement action should not be taken. The notice of the hearing shall be served no less than ten days before the hearing. Service may be made on any agent, officer, or authorized representative of a discharger. The proceedings at the hearing shall be considered by the city, which shall then enter appropriate orders with respect to the alleged violations of the discharger. Appeal of such orders may be taken by the discharger in accordance with applicable local or state law.

A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

Judicial proceedings. Following the entry of any order by the city with respect to the violation by a discharger of subsection B of this section, the city may commence in an action for appropriate legal and/or equitable relief in the appropriate local court.

Annual publication. An annual publication of all SIUs in significant noncompliance (SNC) shall be made in the largest daily newspaper published in the city. This publication will summarize the enforcement actions taken against dischargers which have had a pattern of noncompliance during the previous 12 months. For the purpose of this provision, a user is in SNC if its violation(s) meets one or more of the following criteria:

"Chronic violations of wastewater discharge limits", defined here as those in which 66 percent or more of wastewater measurements taken during a six month period exceed the daily maximum limit or average limit, including instantaneous limits, as defined by 40 CFR 403.3(1) for the same pollutant parameter by any amount;

"Technical review criteria (TRC) violations", defined here as those in which 33 percent or more of wastewater measurements taken for each pollutant parameter during a six month period equals or exceeds the product of the daily maximum limit or the average limit, including instantaneous limits, as defined by 40 CFR 403.3(1) multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

Any other discharge violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(1) (daily maximum, longer term average, instantaneous limit, or narrative standard) that the city believes has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of city personnel or the general public);

Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the city's exercise of its emergency authority to halt or prevent such as discharge;

Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;

Failure to provide within 45 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

Failure to accurately report noncompliance; or

Any other violation(s), which may include a violation of best management practices which the city determines will adversely affect the operation or implementation of the local pretreatment program.

Right of appeal. Any discharger or any interested party shall have the right to request, in writing, an interpretation or ruling by the city on any matter covered by this chapter and shall be entitled to a prompt, written reply. In the event that such inquiry is by a discharger and deals with matters of performance or compliance with this chapter for which enforcement activity relating to an alleged violation is the subject, receipt of a discharger's request shall not stay enforcement proceedings pending. Appeal of any final judicial order entered pursuant to this chapter may be taken in accordance with the local and state law.

Operating upsets. For the purpose of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with applicable pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation.

An upset shall constitute an affirmative defense to an action brought for noncompliance with applicable pretreatment standards if the requirements of subsection L.2 of this section are met.

A user who wishes to establish an affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

An upset occurred and that the user can identify the cause(s) of the upset;

The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and

The user has submitted the following information to the city within 24 hours of becoming aware of the upset (if this information is submitted orally, a written submission must be provided within five days):

(1)

A description of the indirect discharge and cause of noncompliance;

(2)

The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and

(3)

Steps being taken and/or planned to reduce, eliminate, and prevent occurrence of the noncompliance.

In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.

Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with applicable pretreatment standards.

Users shall control production of all discharges to the extent necessary to maintain compliance with applicable pretreatment standards upon reduction, loss or failure of its treatment facility until the treatment facility is restored or an alternative method of treatment is provided. This requirement applies to the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.

Falsifying information. Any person who knowingly makes a false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this chapter; or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, shall (in addition to civil and/or criminal penalties provided by state law) be guilty of a misdemeanor and shall be prosecuted and punished by fines and/or imprisonment.

Injunctive relief. When the superintendent finds a user has violated (or continues to violate) any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the superintendent may petition the third district court through the city's attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this chapter on activities of the user. The city may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against the user.

Vandalism. No person shall willfully or negligently break, damage, destroy, uncover, deface, tamper with, or prevent access to any structure, appurtenance or equipment, or other part of the POTW. Any person found in violation of this requirement shall be subject to the sanctions set out in this chapter.

(Ord. 3765, 12-17-2007; Ord. No. 4796, § 1(Exh. A), 3-18-2024)

Administrative penalties. Any discharger who violates an order of the city, or who fails to comply with any provision of this chapter, or any regulations, rules, or permits of the city, issued pursuant to this chapter, shall be liable to the city for an administrative penalty.

The amount of such administrative penalty shall be not less than $250.00 per violation nor more than $1,000.00 per violation. Each day upon which a violation occurs or continues shall constitute a separate violation. In the case of a monthly or other long term average discharge limit, the penalties shall accrue for each day during the period of the violation. The superintendent is authorized to levy fines and penalties.

In determining the amount of the administrative penalty the superintendent shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the user's violation, corrective actions by the user, compliance history of the user, and any other factor as justice requires.

Civil penalties. Any discharger who violates an order of the city, or who fails to comply with any provision of this chapter, or any regulations, rules, or permits of the city, issued pursuant to this chapter, shall be liable to the city for a civil penalty.

The amount of such civil penalty shall not exceed $1,000.00 per violation. Each day upon which a violation occurs or continues shall constitute a separate violation. In the case of a monthly or other long term average discharge limit, the penalties shall accrue for each day during the period of the violation.

In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the user's violation, corrective actions by the user, compliance history of the user, and any other factor as justice requires.

The city may recover reasonable attorney fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.

Appeals. Users desiring to dispute such penalty must file a written request for the city to reconsider the penalty along with full payment of the penalty within 15 days of being notified of the penalty. Where a request has merit, the city shall convene a hearing with the board of appraisers on the matter within 15 days of receiving the request from the user. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The city may add the costs of preparing administrative enforcement actions, such as notices and orders, to the penalty.

Issuance of penalty. Issuance of an administrative or civil penalty shall not be a bar against, or a prerequisite for, taking any other action against the user.

Recovery of costs incurred by the city. Any discharger violating any of the provisions of this chapter who discharges or causes a discharge producing a deposit or obstruction, or causes damage to or impairs the city's wastewater disposal system shall be liable to the city for any expense, loss, or damage caused by such violation or discharge. The city shall, by order, bill the discharger for the cost incurred by the city for any cleaning, repair, or replacement work caused by the violation or discharge. Refusal to pay the assessed costs shall constitute a violation enforceable under the provisions of section 8-9-7 of this chapter.

General criminal penalties. Any user who knowingly violates any provision of this chapter shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of no more than $1,000.00 per offense or imprisonment for not more than six months per offense or by both such fine and imprisonment.

(Ord. 3765, 12-17-2007; Ord. No. 4796, § 1(Exh. A), 3-18-2024)

All dischargers subject to this chapter shall retain and preserve, for no less than three years, any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof, relating to monitoring, sampling and chemical analyses made by or in behalf of a discharger in connection with its discharge. All records which pertain to matters which are the subject of administrative adjustment or any other enforcement of litigation activities brought by the city pursuant hereto shall be retained and preserved by the discharger until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.

(Ord. 2696)

If any provision, paragraph, word or section of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words and sections shall not be affected and shall continue in full force and effect.

(Ord. 2696)

It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public. It is not the intent of this chapter to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.

It is the specific intent of this chapter to place the obligation of complying with these regulations upon the applicant or discharger and no provision nor any term used in this chapter is intended to impose any duty whatsoever upon the city or any of its officers, employees or agents except as provided under the act or other related statutes of the United States or the State of Idaho.

Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any tort liability on the part of the city or its officers, employees or agents, for any injury or damage resulting from failure of an applicant or discharger to comply with the provisions of this chapter, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement of this chapter or inaction on the part of the city related in any manner to the implementation or the enforcement of this chapter by its officers, employees or agents.

(Ord. 2696)

All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this chapter, are hereby repealed to the extent of the inconsistency or conflict.

(Ord. 2696)

Definitions.

Bypass: The intentional diversion of waste streams from any portion of a permittee's treatment facility.

Severe property damage: Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

Bypass not violating applicable pretreatment standards or requirements. The permittee may allow any bypass to occur which does not cause applicable pretreatment standards or requirements to be violated, but only if it is also for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of subsections C and D of this section.

Notice.

If the permittee knows in advance of the need for a bypass, it shall submit prior notice to the city, if possible, at least 10 days before the date of the bypass.

The permittee shall submit oral notice of unanticipated bypass that exceeds applicable pretreatment standards to the city within 24 hours from the time the permittee becomes aware of the bypass. A written submission shall also be provided within five days of the time the permittee becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate and prevent recurrence of the bypass. The city may waive the written report on case by case basis if the oral report has been received within 24 hours.

Prohibition of bypass.

Bypass is prohibited, and the city may take enforcement action against the permittee for a bypass, unless:

Bypass was unavoidable to prevent loss of life, personal injury or severe property damage,

There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal equipment downtime or preventative maintenance, and

The permittee submitted notices as required under subsection C of this section.

The city may approve an anticipated bypass, after considering its adverse effect, if the city determines that it will meet the three conditions listed in subsection D.1 of this section.

(Ord. 3765, 12-17-2007)

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boisestandard.org

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Nampa, Idaho — United States

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Nampa

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Canyon County

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Code of Ordinances

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CODE OF ORDINANCES CITY OF NAMPA, IDAHO SUPPLEMENT HISTORY TABLE TITLE 1 - GENERAL CODE PROVISIONS TITLE 2 - ADMINISTRATION, COMMISSIONS AN TITLE 3 - GENERAL SERVICES TITLE 4 - BUILDING REGULATIONS TITLE 5 - BUSINESS LICENSES TITLE 6 - POLICE REGULATIONS TITLE 7 - TRAFFIC REGULATIONS TITLE 8 - WATER AND SEWER REGULATIONS TITLE 9 - PUBLIC WAYS AND PROPERTY TITLE 10 - PLANNING AND ZONING CODE COMPARATIVE TABLE - LEGISLATION

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