Chapter 13.20 SEWER SERVICE

Chapter 13.20
SEWER SERVICE

Sections:

13.20.020 Policies and conditions of service.

13.20.010 General provisions.

A. Purpose and Policy. This chapter sets forth uniform requirements for users of the publicly owned treatment works for the City of North Pole and enables the City to comply with all applicable State and Federal laws, including the Clean Water Act (33 USC Section 1251 et seq.), the General Pretreatment Regulations (40 CFR Part 403), and the Alaska Pollutant Discharge Elimination System Program (18 AAC 83.050 – 83.990). The objectives of this chapter are:

1. To prevent the introduction of pollutants into the publicly owned treatment works that will interfere with its operation;

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

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

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

5. To enable the City to comply with its Alaska Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other Federal or State laws to which the publicly owned treatment works is subject.

This chapter shall apply to all users of the publicly owned treatment works. This chapter authorizes the issuance of individual wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; and requires user reporting.

B. Adoption and Amendment of Rules and Regulations – Resolution of Conflicts.

1. These rules and regulations have been adopted by the Council, a municipal corporation of the State of Alaska, and are in compliance with the laws of the State of Alaska. No individual employee of the City has the authority to waive, alter or amend these rules and regulations, notwithstanding the authority of the City Mayor to resolve any conflict between this chapter and other provisions of this code.

2. The current ADEC-approved industrial pretreatment program for the City shall constitute the laws of the City relating to industrial pretreatment programs.

3. Rates for the installation of a sewer connection and monthly user charges are set forth in Chapter 13.24 NPMC, which has been adopted and approved by the City Council.

4. Except as otherwise provided herein, the City shall administer, implement, and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the City may be delegated by the City to a duly authorized City employee or designee.

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

AAC	Alaska Administrative Code
ADEC	Alaska Department of Environmental Conservation
APDES	Alaska Pollutant Discharge Elimination System
ASPP	Accidental spill prevention plan
BOD	Biochemical oxygen demand
BMP	Best management practice
BMR	Baseline monitoring report
CFR	Code of Federal Regulations
CIU	Categorical industrial user
COD	Chemical oxygen demand
EPA	U.S. Environmental Protection Agency
gpd	Gallons per day
HSS	High strength surcharge
ISO	International Organization of Standards
IU	Industrial user
l	Liter
mg	Milligrams
mg/l	Milligrams per liter
NPDES	National Pollutant Discharge Elimination System
NSCIU	Nonsignificant categorical industrial user
O&M	Operations and maintenance
PFAS	Per- and polyfluoroalkyl substances
POTW	Publicly owned treatment works
PSES	Pretreatment standards for existing sources
PSNS	Pretreatment standards for new sources
RCRA	Resource Conservation and Recovery Act
SIU	Significant industrial user
SNC	Significant noncompliance
SWDA	Solid Waste Disposal Act
TSS	Total suspended solids
UPC	Uniform Plumbing Code
USC	United States Code

D. Definitions. For the purposes of this chapter the following terms shall be defined to mean:

1. “Act” or “the Act” means the Federal Water Pollution Control Act, also known as the “Clean Water Act,” as amended, 33 USC Section 1251 et seq.

2. “Amalgam process wastewater” means any wastewater generated and discharged by a dental discharger through the practice of dentistry that may contain dental amalgam.

3. “Amalgam separator” means a collection device designed to capture and remove dental amalgam from the amalgam process wastewater of a dental facility.

4. “Approval authority” means the Commissioner of the ADEC.

5. Authorized or Duly Authorized Representative of the User.

a. If the user is a corporation:

i. 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

ii. The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility 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 individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

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

c. If the user is a Federal, State, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

d. The individuals described in subsections (D)(5)(a) and (b) of this section may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City.

6. “Biochemical oxygen demand” or “BOD” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at twenty degrees centigrade, usually expressed as a concentration (e.g., mg/l).

7. “Best management practices” or “BMPs” means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in NPMC 13.20.020(B) and (C) (40 CFR 403.5(a)(1) and (b)). BMPs 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.

8. “Building sewer” means the pipe and appurtenances from the building to the public lateral sanitary sewer or other place of disposal, also called house connection, service connection or service line.

9. “Categorical pretreatment standard” or “categorical standard” means any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 USC Section 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405 through 471.

10. “Categorical industrial user” means an industrial user subject to a categorical pretreatment standard or categorical standard. If an industrial user qualifies as a CIU, it is also a significant industrial user.

11. “Chemical oxygen demand” or “COD” means a measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.

12. “City” means the City of North Pole.

13. “Clean Water Act” (33 USC Section 1251 et seq.), also noted herein as “CWA,” means the Federal Water Pollution Control Act as amended.

14. “Commercial user or contributor” means a premises, or customer, who discharges industrial wastes that are similar to domestic wastes in nature and do not exceed those parameters which define normal sewage as described in context.

15. “Control authority” means the City of North Pole.

16. “Customer” means an individual, firm, corporation, LLC, partnership, institution or association receiving sanitary sewer service or wastewater treatment service from the City.

17. “Daily maximum” means the arithmetic average of all effluent samples for a pollutant collected during a calendar day.

18. “Daily maximum limit” means the maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

19. “DEC” or “ADEC” means the State of Alaska Department of Environmental Conservation.

20. “Dental amalgam” means an alloy of elemental mercury and other metal(s) that is used in the practice of dentistry.

21. “Domestic sewage” means water carried wastes generated in normal household type activities, with minor quantities of ground, storm and surface waters that are not admitted intentionally without permit.

22. “Environmental Protection Agency” or “EPA” means the U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official of said agency.

23. “Existing source” means any source of discharge that is not a new source.

24. “Flow equalizing units” means those devices or structures constructed to evenly regulate either or both the strength and volume of wastes.

25. “Garbage” means the animal and vegetable waste resulting from the handling, preparing, cooking or serving of foods; and putrescible wastes.

26. “Grab sample” means a sample that is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen minutes.

27. “High-strength surcharge (HSS) industries” means industrial users that discharge high-strength wastewater to the wastewater treatment plant and may be charged high-strength fees or rates to recover the cost of treatment.

28. “Indirect discharge” or “discharge” means the introduction of pollutants into the POTW from any nondomestic source.

29. “Industrial user or contributor” means an industry or commercial establishment that discharges wastewater having the characteristics of industrial wastes.

30. “Industrial wastes” means solid, liquid or gaseous waste resulting from any industrial, manufacturing, trade, or business process or from the development, recovery or processing of natural resources.

31. “Instantaneous limit” means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

32. “Interference” means a discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore is a cause of a violation of the City’s APDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent State or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II, commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

33. “Local limit” means specific discharge limits developed and enforced by the City upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).

34. “Medical waste” means 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.

35. “Monthly average” means the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.

36. “Monthly average limit” means the highest allowable average of daily discharges over a calendar month, calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.

37. “Natural outlet” means any outlet, including storm sewers and combined sewer overflows, into a water course, pond, ditch, lake or other body of surface or ground water.

38. New Source.

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

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

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

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

b. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection (D)(38)(a)(ii) or (iii) of this section but otherwise alters, replaces, or adds to existing process or production equipment.

c. Construction of a new source as defined in this subsection has commenced if the owner or operator has:

i. Begun, or caused to begin, as part of a continuous on-site construction program, (A) any placement, assembly, or installation of facilities or equipment; or (B) significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

ii. Entered into a binding contractual obligation for the purchase of facilities or equipment that is intended to be used in its operation within a reasonable time. Options to purchase or contracts that 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.

39. “Noncontact cooling water” means water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

40. “Nondomestic sewage or source” means any liquid, solid or gaseous substances, or combination thereof, resulting from any process of industry, manufacturing, trade or research, including but not limited to the development, recovering or processing of natural resources and leachate from landfills or other disposal sites.

41. “Pass through” means a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, are a cause of a violation of any requirement of the City’s APDES permit, including an increase in the magnitude or duration of a violation.

42. “Person” means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, LLC, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local governmental entities.

43. “PFAS” per- and polyfluoroalkyl substances are a subgroup, the fluorosurfactants or fluorinated surfactants, have a fluorinated “tail” and a hydrophilic “head” and are thus surfactants. They are more effective at lowering the surface tension of water than comparable hydrocarbon surfactants. They include the perfluorosulfonic acids such as the perfluorooctanesulfonic acid (PFOS) and the perfluorocarboxylic acids such as the perfluorooctanoic acid (PFOA). PFOS and PFOA are persistent organic pollutants and are detected in humans and wildlife.

44. “pH” means a measure of the acidity or alkalinity of a solution, expressed in standard units.

45. “Pollutant” means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

46. “Pretreatment” means 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.

47. “Pretreatment requirements” means any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

48. “Pretreatment standards” or “standards” shall mean prohibited discharge standards, categorical pretreatment standards, and local limits.

49. “Prohibited discharge standards” or “prohibited discharges” means absolute prohibitions against the discharge of certain substances; these prohibitions appear in NPMC 13.20.020.

50. “Properly shredded garbage” means the wastes from the preparation, cooking and dispensing of food that have been shredded into such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.

51. “Public sewer” means a common sewer controlled by a governmental agency or public utility.

52. “Publicly owned treatment works” or “POTW” means a treatment works, as defined by Section 212 of the Act (33 USC Section 1292), which is owned by the City. 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.

53. “Receiving waters” means those waters into which wastes are discharged.

54. “Residential or domestic user” means a dwelling unit or person which discharges wastewater to the sewers that closely matches domestic sewage as to its volume and strength.

55. “Sanitary interceptor sewer” means a sewer which receives the flow from a number of collector sewers (lateral and trunk sewers) and transports it to a treatment plant and other points of disposal.

56. “Sanitary lateral sewer” means a sanitary sewer of eight-inch diameter which may be from time to time required to extend a sanitary trunk sewer system into a general area for service.

57. “Sanitary trunk sewer” means a sanitary sewer maintained by or proposed for installation by the City of an internal diameter larger than eight inches.

58. “Septic tank waste” or “septage” means any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

59. “Service connection” means the pipe and appurtenances required to connect an individual property or facility to the sanitary lateral sewer.

60. “Service line” means the pipe and appurtenances from the lateral sanitary sewer connection and into the private property.

61. “Sewage” means human excrement and gray water (household showers, dishwashing operations, etc.).

62. “Sewer” means a pipe or conduit that carries wastewater.

63. “Sewer collection system” means the sewer and appurtenances required to collect and carry away wastewater from the service connection.

64. Significant Industrial User (SIU). Except as provided in subsections (D)(64)(c) and (d) of this definition, a “significant industrial user” is:

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

b. An industrial user that:

i. Discharges a monthly average of twenty-five thousand gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);

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

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

c. The City may determine that an industrial user subject to categorical pretreatment standards is a nonsignificant categorical industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than one hundred gallons per day (gpd) of total categorical wastewater (excluding sanitary, noncontact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:

i. The industrial user, prior to City’s finding, has consistently complied with all applicable categorical pretreatment standards and requirements;

ii. The industrial user annually submits the certification statement required in NPMC 13.20.020(K)(14)(b) (see 40 CFR 403.12(q)), together with any additional information necessary to support the certification statement; and

iii. The industrial user never discharges any untreated concentrated wastewater.

d. Upon a finding that a user meeting the criteria in subsection (D)(64)(b) of this section has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

65. “Slug load” or “slug discharge” means any discharge at a flow rate or concentration that could cause a violation of the prohibited discharge standards in NPMC 13.20.020(B) and (C). A slug discharge is any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW’s regulations, local limits or permit conditions.

66. “State” means the State of Alaska.

67. “Storm water” means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

68. “Total suspended solids” or “suspended solids” means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.

69. “Toxic pollutants” means those pollutants 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.

70. “Upset” means an exceptional incident in which an industrial user unintentionally and temporarily is in a state of noncompliance with the discharge limitations set forth hereto due to factors beyond the reasonable control of the industrial user, 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.

71. “User” or “industrial user” means a source of indirect discharge.

72. “Wastewater” means liquid and water carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.

73. “Wastewater treatment plant” or “treatment plant” means that portion of the POTW that is designed to provide treatment of municipal sewage and industrial waste. (Ord. 20-06 § 2, 2020; Ord. 20-01 § 2, 2020¹; Ord. 12-15 § 2, 2012; Ord. 00-16 § 2, 2000; Ord. 88-1 § 2, 1988; Ord. 87-12 § 3, 1987)

13.20.020 Policies and conditions of service.

A. Use of Public Sewer Required.

1. It shall be unlawful for any person to place, deposit or permit to be deposited in an unsanitary manner upon public or private property within the City, or in any area under the jurisdiction of the City, any pollutant, sewage, septage, or industrial waste that is normally introduced into a sanitary sewer.

2. It shall be unlawful to discharge to any natural outlet within the City or in any area under the jurisdiction of the City, any pollutant, sewage, septage, or industrial waste, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.

3. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, septic tank, cesspool or other facility intended or used for the disposal of sewage.

4. The owner of all houses, buildings or structures used for human occupancy, employment, recreation or other purposes, situated within the City, and abutting on any street, easement or right-of-way in which there is now located a public sanitary sewer of the City, is required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper sewer in accordance with the provisions of this chapter, within two years after date of official notice to do so; provided, that the sewer is within two hundred feet of the above described structures.

B. 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.

C. Specific Prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:

1. Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than one hundred forty degrees Fahrenheit (sixty degrees Celsius) using the test methods specified in 40 CFR 261.21;

2. Wastewater having a pH less than 6.0 or more than 10.0, or otherwise causing corrosive structural damage to the POTW or equipment;

3. Solid or viscous substances, including fats, oils, or greases of animal or vegetable origin, in amounts which will cause obstruction of the flow to and/or within the POTW resulting in interference;

4. Pollutants, including oxygen demanding pollutants (BOD, COD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;

5. Wastewater having a temperature that will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed one hundred four degrees Fahrenheit (forty degrees Celsius) or that will not maintain a nonfreezing heat balance in the wastewater collection system; but in no case shall it be less than thirty-six degrees Fahrenheit (two degrees Celsius);

6. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;

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

8. Trucked or hauled pollutants, except at discharge points designated by the City in accordance with subsection (H)(4) of this section;

9. Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;

10. Wastewater that imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions that consequently impart color to the treatment plant’s effluent, thereby violating the City’s APDES permit;

11. Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations;

12. Storm water, 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 City;

13. Sludge, screenings, or other residues from the pretreatment of industrial wastes;

14. Medical or dental wastes, except as specifically authorized by the City in an individual wastewater discharge permit;

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

16. Detergents, surface active agents, or other substances which that might cause excessive foaming in the POTW;

17. Wastewater causing two readings on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, of more than five percent or any single reading over ten percent of the lower explosive limit of the meter;

18. Any substance that will cause the Utility to violate its APDES permit.

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.

D. National Categorical Pretreatment Standards. Users must comply with the categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405 through 471.

1. Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the City may impose equivalent concentration or mass limits in accordance with this section.

2. When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the City may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual industrial users.

3. When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the City shall impose an alternate limit in accordance with 40 CFR 403.6(e).

4. When a categorical pretreatment standard is expressed only in terms of pollutant concentrations, an industrial user may request that the City convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the City. The City may establish equivalent mass limits only if the industrial user meets all the conditions set forth in subsections (D)(4)(a)(i) through (v) of this section.

a. To be eligible for equivalent mass limits, the industrial user must:

i. Employ, or demonstrate that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its individual wastewater discharge permit;

ii. Currently use control and treatment technologies adequate to achieve compliance with the applicable categorical pretreatment standard, and not have used dilution as a substitute for treatment;

iii. Provide sufficient information to establish the facility’s actual average daily flow rate for all wastestreams, based on data from a continuous effluent flow monitoring device, as well as the facility’s long-term average production rate. Both the actual average daily flow rate and the long-term average production rate must be representative of current operating conditions;

iv. Not have daily flow rates, production levels, or pollutant levels that vary so significantly that equivalent mass limits are not appropriate to control the discharge; and

v. Have consistently complied with all applicable categorical pretreatment standards during the period prior to the industrial user’s request for equivalent mass limits.

b. An industrial user subject to equivalent mass limits must:

i. Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits;

ii. Continue to record the facility’s flow rates through the use of a continuous effluent flow monitoring device;

iii. Continue to record the facility’s production rates and notify the City whenever production rates are expected to vary by more than twenty percent from its baseline production rates determined in subsection (D)(4)(a)(iii) of this section. Upon notification of a revised production rate, the City will reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and

iv. Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to subsection (D)(4)(a)(i) of this section so long as it discharges under an equivalent mass limit.

c. When developing equivalent mass limits, the City:

i. Will calculate the equivalent mass limit by multiplying the actual average daily flow rate of the regulated process(es) of the industrial user by the concentration-based daily maximum and monthly average standard for the applicable categorical pretreatment standard and the appropriate unit conversion factor;

ii. Upon notification of a revised production rate, will reassess the equivalent mass limit and recalculate the limit as necessary to reflect changed conditions at the facility; and

iii. May retain the same equivalent mass limit in subsequent individual wastewater discharger permit terms if the industrial user’s actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to subsection (G)(5) of this section. The industrial user must also be in compliance with subsection (R)(3) of this section regarding the prohibition of bypass.

5. The City may convert the mass limits of the categorical pretreatment standards of 40 CFR Parts 414, 419, and 455 to concentration limits for purposes of calculating limitations applicable to individual industrial users. The conversion is at the discretion of the City.

6. Once included in its permit, the industrial user must comply with the equivalent limitations developed in this subsection (D) in lieu of the promulgated categorical standards from which the equivalent limitations were derived.

7. Many categorical pretreatment standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum monthly average, or four-day average, limitations. Where such standards are being applied, the same production or flow figure shall be used in calculating both the average and the maximum equivalent limitation.

8. Any industrial user operating under a permit incorporating equivalent mass or concentration limits calculated from a production-based standard 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 notifying the Superintendent of such anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long-term average production rate.

E. Dental Office Point Source Category Adopted by Reference. 40 CFR Chapter 1, Subchapter N, Section 441 – “Dental Office Point Source Category” is adopted in its entirety by reference.

F. State Pretreatment Standards. State requirements and limitations on discharges to the POTW shall be met by all dischargers 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 any other applicable ordinance.

G. Local Limits.

1. The City is authorized to establish local limits pursuant to 40 CFR 403.5(c).

2. The following pollutant limits are established to protect against pass through and interference. No person shall discharge wastewater containing in excess of the following daily maximum concentration limits:

Parameter	mg/l
Arsenic	0.100
BOD	250
Cadmium	0.0345
Chromium	0.165
COD	500
Copper	0.159
Cyanide	0.9
Lead	0.034
Mercury	0.004
Molybdenum	0.015
Nickel	3.72
Oil and/or grease (total)	100
Oil and/or grease (total petroleum hydrocarbons)	25
Per- and polyfluoroalkyl substances (PFAS)	0.00007
Selenium	0.043
Silver	0.13
Sulfolane	50
Zinc	0.285

The above limits apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for total metal unless indicated otherwise. The City may impose mass limitations in addition to or in lieu of the concentration-based limitations above.

3. The City may develop best management practices (BMPs), by ordinance or in individual wastewater discharge permits, to implement local limits and the requirements of subsections (B) and (C) of this section.

4. The City reserves the right to establish, by ordinance or in individual wastewater discharge permits, more stringent standards or requirements on discharges to the POTW consistent with the purpose of this chapter.

5. No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The City may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.

6 Where one or more of the twelve PFAS compounds listed below are detected in a wasterwater sample analytical result, the sum of the concentrations for all detected compounds shall not exceed the local limit of 0.00007 mg/l (seventy nanograms/liter).

Perfluorobutanesulfonic acid (PFBS)

Perfluorodecanoic acid (PFDA)

Perfluoroheptanoic acid (PFHpA)

Perfluorohexanesulfonic acid (PFHxS)

Perfluorohexanoic acid (PFHxA)

Perfluorododecanoic acid (PFDoA)

Perfluorotetradecanoic acid (PFTeDA)

Perfluorononanoic acid (PFNA)

Perfluorooctanesulfonic acid (PFOS)

Perfluorooctanoic acid (PFOA)

Perfluorotridecanoic acid (PFTrDA)

Perfluoroundecanoic acid (PFUnA)

H. Pretreatment of Wastewater.

1. Pretreatment Facilities. Users shall provide wastewater treatment as necessary to comply with this chapter and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in subsections (B) and (C) of this section within the time limitations specified by EPA, the State, or the City, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user’s expense. Such facilities are subject to the City building codes outlined in NPMC Title 15. Detailed plans describing such facilities and operating procedures shall be submitted to the City for review, and shall be acceptable to the City before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City under the provisions of this chapter.

2. Additional Pretreatment Measures.

a. Whenever deemed necessary, the City may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the POTW and determine the user’s compliance with the requirements of this chapter.

b. The City may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow control facility to ensure equalization of flow. An individual wastewater discharge permit may be issued solely for flow equalization.

c. Grease, oil, and sand interceptors shall be provided when, in the opinion of the City, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of a type and capacity approved by the City, and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired by the user at their expense.

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

3. Accidental Discharge/Slug Discharge Control Plans. The City shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan or other action to control slug discharges. The City may require any user to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control slug discharges. Alternatively, the City may develop such a plan for any user. An accidental discharge/slug discharge control plan shall address, at a minimum, the following:

a. Description of discharge practices, including nonroutine batch discharges;

b. Description of stored chemicals;

c. Procedures for immediately notifying the City of any accidental or slug discharge, as required by subsection (K)(6) of this section; and

d. 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.

4. Hauled Wastewater.

a. Septic tank waste may be introduced into the POTW only at locations designated by the City, and at such times as are established by the City. Such waste shall not violate subsections (A) through (G) of this section or any other requirements established by the City. The City may require septic tank waste haulers to obtain individual wastewater discharge permits.

b. The City may require haulers of industrial waste to obtain individual wastewater discharge permits. The City may require generators of hauled industrial waste to obtain individual wastewater discharge permits. The City also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this chapter.

c. Industrial waste haulers may discharge loads only at locations designated by the City. No load may be discharged without prior consent of the City. The City may collect samples of each hauled load to ensure compliance with applicable standards. The City may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.

d. Industrial waste haulers must document every load on a waste tracking form provided by the City. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes.

I. Individual Wastewater Discharge Permits.

1. Wastewater Analysis. When requested by the City, a user must submit information on the nature and characteristics of its wastewater within sixty days of the request. The City is authorized to prepare a form for this purpose and may periodically require users to update this information.

2. Individual Wastewater Discharge Permit Requirement.

a. No significant industrial user or categorical industrial user shall discharge wastewater into the POTW without first obtaining an individual wastewater discharge permit from the City, except that a significant industrial user or categorical industrial user that has filed a timely application pursuant to subsection (I)(3) of this section may continue to discharge for the time period specified therein.

b. The City may require other users to obtain individual wastewater discharge permits as necessary to carry out the purposes of this chapter.

c. Any violation of the terms and conditions of an individual wastewater discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out in subsections (O) through (Q) of this section. Obtaining an individual wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State, and local law.

3. Individual Wastewater Discharge Permitting – Existing Connections. Any user required to obtain an individual wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of the ordinance codified in this chapter and who wishes to continue such discharges in the future shall, within sixty days after said date, apply to the City for an individual wastewater discharge permit in accordance with subsection (I)(5) of this section.

4. Individual Wastewater Discharge Permitting – New Connections. Any user required to obtain an individual wastewater discharge permit that proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this individual wastewater discharge permit in accordance with subsection (I)(5) of this section must be filed at least ninety days prior to the date upon which any discharge will begin or recommence.

5. Individual Wastewater Discharge Permit Application Contents.

a. All users required to obtain an individual wastewater discharge permit must submit a permit application. The City may require users to submit all or some of the following information as part of a permit application on a form that will be provided by the City:

i. Identifying Information.

(A) The name and address of the facility, including the name of the operator and owner.

(B) Contact information, description of activities, facilities, and plant production processes on the premises.

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

iii. Description of Operations.

(A) A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes.

(B) Types of wastes generated and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW.

(D) Type and amount of raw materials processed (average and maximum per day).

(E) Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge.

iv. Time and duration of discharges.

v. The location for monitoring all wastes covered by the permit.

vi. Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in subsection (D)(3) of this section (40 CFR 403.6(e)).

vii. Measurement of Pollutants.

(A) The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources.

(B) The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the City, of regulated pollutants in the discharge from each regulated process.

(D) The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in subsection (K)(10) of this section. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the City or the applicable standards to determine compliance with the standard.

(E) Sampling must be performed in accordance with procedures set out in subsection (K)(11) of this section.

viii. Any other information as may be deemed necessary by the City to evaluate the permit application.

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

6. Application Signatories and Certifications.

a. All wastewater discharge permit applications, user reports and certification statements must be signed by an authorized representative of the user and contain the certification statement in subsection (K)(14)(a) of this section.

b. If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this section must be submitted to the City prior to or together with any reports to be signed by an authorized representative.

c. A facility determined to be a nonsignificant categorical industrial user by the City pursuant to NPMC 13.20.010(D)(64)(c) must annually submit the signed certification statement in subsection (K)(14)(b) of this section.

7. Individual Wastewater Discharge Permit Decisions. The City will evaluate the data furnished by the user and may require additional information. Within sixty days of receipt of a complete permit application, the City will determine whether to issue an individual wastewater discharge permit. The City may deny any application for an individual wastewater discharge permit.

J. Individual Wastewater Discharge Permit Issuance.

1. Individual Wastewater Discharge Permit Duration. An individual wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. An individual wastewater discharge permit may be issued for a period less than five years, at the discretion of the City. Each individual wastewater discharge permit will indicate a specific date upon which it will expire.

2. Individual Wastewater Discharge Permit Contents. An individual wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the City to prevent pass through or interference, protect the quality of the water body receiving the treatment plant’s effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.

a. Individual wastewater discharge permits must contain:

i. A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date;

ii. A statement that the wastewater discharge permit is nontransferable without prior notification to the City in accordance with subsection (J)(5) of this section, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;

iii. Effluent limits, including best management practices, based on applicable pretreatment standards;

iv. Self monitoring, sampling, reporting, notification, and recordkeeping requirements. These requirements shall include an identification of pollutants (or best management practice) to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law;

v. A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or local law;

vi. Requirements to control slug discharge, if determined by the City to be necessary.

b. Individual wastewater discharge permits may contain, but need not be limited to, the following conditions:

i. Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;

ii. Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;

iii. Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;

iv. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;

v. Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices;

vi. A statement that compliance with the individual wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State pretreatment standards, including those which become effective during the term of the individual wastewater discharge permit; and

vii. Other conditions as deemed appropriate by the City to ensure compliance with this chapter, and State and Federal laws, rules, and regulations.

3. Permit Issuance Process.

a. Any person, including the user, may petition the City to reconsider the terms of an individual wastewater discharge permit within thirty days of notice of its issuance.

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

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

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

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

v. Aggrieved parties seeking judicial review of the final administrative individual wastewater discharge permit decision must do so by filing a complaint with the Superior Court for the Fourth Judicial District of the State of Alaska within the time provided in Alaska Rules of Court, Rules of Appellate Procedure, Rule 602.

4. Permit Modification. The City may modify an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:

a. To incorporate any new or revised Federal, State, or local pretreatment standards or requirements;

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

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

d. Information indicating that the permitted discharge poses a threat to the City’s POTW, City personnel, the receiving waters, or the beneficial reuse of sludge from the POTW;

e. Violation of any terms or conditions of the individual wastewater discharge permit;

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

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

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

i. To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with subsection (J)(5) of this section.

5. Individual Wastewater Discharge Permit Transfer. Individual wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least sixty days’ advance notice to the City and the City approves the individual wastewater discharge permit transfer. The notice to the City must include a written certification by the new owner or operator which:

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

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

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

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

6. Individual Wastewater Discharge Permit Revocation. The City may revoke an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:

a. Failure to notify the City of significant changes to the wastewater prior to the changed discharge;

b. Failure to provide prior notification to the City of changed conditions pursuant to subsection (J)(5) of this section;

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

d. Falsifying self-monitoring reports and certification statements;

e. Tampering with monitoring equipment;

f. Refusing to allow the City timely access to the facility premises and records;

g. Failure to meet effluent limitations;

h. Failure to pay fines;

i. Failure to pay sewer charges;

j. Failure to meet compliance schedules;

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

l. Failure to provide advance notice of the transfer of business ownership of a permitted facility; or

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

Individual wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All individual wastewater discharge permits issued to a user are void upon the issuance of a new individual wastewater discharge permit to that user.

7. Individual Wastewater Discharge Permit Reissuance. A user with an expiring individual wastewater discharge permit shall apply for individual wastewater discharge permit reissuance by submitting a complete permit application, in accordance with subsection (I)(5) of this section, a minimum of ninety days prior to the expiration of the user’s existing individual wastewater discharge permit.

8. Regulation of Waste Received from Other Jurisdictions. All users, including those located outside the City limits, are required to obtain a wastewater discharge permit, and shall submit a wastewater discharge permit application as outlined in subsection (I) of this section.

K. Reporting Requirements.

1. Baseline Monitoring Reports.

a. Within either one hundred eighty days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the City a report which contains the information listed in subsection (K)(1)(b) of this section. At least ninety days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the City a report which contains the information listed in subsection (K)(1)(b) of this section. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

b. Users described above shall submit the information set forth below:

i. All information required in subsections (I)(5)(a)(i)(A), (ii), (iii)(A), and (vi) of this section.

ii. Measurement of Pollutants.

(A) The user shall provide the information required in subsections (I)(5)(a)(vii)(A) through (D) of this section.

(B) The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subsection.

(C) Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. 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 wastestream formula in 40 CFR 403.6(e) to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) this adjusted limit along with supporting data shall be submitted to the control authority.

(D) Sampling and analysis shall be performed in accordance with subsections (K)(10) and (11) of this section.

(E) The City may allow the submission of a baseline report which utilizes only historical data so long as the data is representative of current discharge quality and quantity conditions and provides information sufficient to determine the need for industrial pretreatment measures.

(F) The baseline report 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 to the POTW.

iii. Compliance Certification. A statement, reviewed by the user’s authorized representative as defined in NPMC 13.20.010(D)(5) and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

iv. Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this subsection must meet the requirements set out in subsection (K)(2) of this section.

v. Signature and Report Certification. All baseline monitoring reports must be certified in accordance with subsection (K)(14)(a) of this section and signed by an authorized representative as defined in NPMC 13.20.010(D)(5).

2. Compliance Schedule Progress Reports. The following conditions shall apply to the compliance schedule required by subsection (K)(1)(b)(iv) of this section:

a. The schedule shall contain progress increments 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 (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);

b. No increment referred to above shall exceed nine months;

c. The user shall submit a progress report to the City no later than fourteen days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and

d. In no event shall more than nine months elapse between such progress reports to the City.

3. Reports on Compliance with Categorical Pretreatment Standard Deadline. Within ninety days following the date for final compliance with applicable categorical pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the City a report containing the information described in subsections (I)(5)(a)(vi) and (vii) and (K)(1)(b)(ii) of this section. For users subject to equivalent mass or concentration limits established in accordance with the procedures in subsection (D) of this section, this report shall contain a reasonable measure of the user’s long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user’s actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with subsection (K)(14)(a) of this section. All sampling will be done in conformance with subsection (K)(11) of this section.

4. Periodic Compliance Reports.

a. Any user that is required to have an industrial waste discharge permit and performs self-monitoring must submit a periodic compliance report by the end of June and December, or on dates specified by the City, indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the City or the pretreatment standard necessary to determine the compliance status of the user.

b. All periodic compliance reports must be signed and certified in accordance with subsection (K)(14)(a) of this section.

c. All wastewater samples must be representative of the user’s discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

d. If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the City, using the procedures prescribed in subsection (K)(11) of this section, the results of this monitoring shall be included in the report.

5. Reports of Changed Conditions. Each user must notify the City of any significant production process or pretreatment process changes to the user’s operations or system that might alter the nature, quality, or volume of its wastewater at least sixty days before the change occurs.

a. The City may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under subsection (I)(5) of this section.

b. The City may issue an individual wastewater discharge permit under subsection (J)(7) of this section or modify an existing wastewater discharge permit under subsection (J)(4) of this section in response to changed conditions or anticipated changed conditions.

6. Reports of Potential Problems.

a. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or slug load that might cause potential problems for the POTW, the user shall immediately notify the City of the incident by telephone. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

b. Within five days following such discharge, the user shall submit a detailed written report describing the cause(s) 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 might be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability that may be imposed pursuant to this chapter.

c. A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees who to call in the event of a discharge described in subsection (K)(6)(a) of this section. Employers shall ensure that all employees who could cause such a discharge to occur are advised of the emergency notification procedure.

d. Significant industrial users are required to notify the City immediately of any changes at its facility affecting the potential for a slug discharge.

7. Reports from Unpermitted Users. All users not required to obtain an individual wastewater discharge permit shall provide appropriate reports to the City as the City may require.

8. Notice of Violation/Repeat Sampling and Reporting. If sampling performed by a user indicates a violation, the user must notify the City within twenty-four hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the City within thirty days after becoming aware of the violation. Resampling by the industrial user is not required if the City performs sampling at the user’s facility at least once a month, or if the City performs sampling at the user between the time when the initial sampling was conducted and the time when the user or the City receives the results of this sampling, or if the City has performed the sampling and analysis in lieu of the industrial user.

9. Hazardous Waste. The discharge of hazardous wastes to the City wastewater collection system is not allowed. Should a discharge occur, the City must be notified immediately following the procedures described in subsection (K)(6) of this section, in addition to all other reporting, response and remediation requirements stipulated by City, State, or Federal laws or regulations.

10. Analytical Requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, 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, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures approved by EPA and the State of Alaska.

11. Sample Collection. Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.

a. Except as indicated in subsections (K)(11)(b) and (c) of this section, the user must collect wastewater samples using twenty-four-hour flow proportional composite sampling techniques, unless time proportional composite sampling or grab sampling is authorized by the City. Where time proportional composite sampling or grab sampling is authorized by the City, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the City, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.

b. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

c. For sampling required in support of baseline monitoring and ninety-day compliance reports required in subsections (K)(1) and (3) of this section (40 CFR 403.12(b) and (d)), a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the City may authorize a lower minimum. For the reports required by subsection (K)(4) of this section (40 CFR 403.12(e) and 403.12(h)), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.

12. Date of Receipt of Reports. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.

13. Recordkeeping. 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, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established under subsection (G)(3) of this section. 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 three years, or the duration of the user’s waste discharge permit, whichever is longer. This period shall be automatically extended for the duration of any litigation concerning the user or the City, or where the user has been specifically notified of a longer retention period by the City.

14. Certification Statements.

a. Certification of Permit Applications, User Reports and Initial Monitoring Waiver. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with subsection (I)(6) of this section; users submitting baseline monitoring reports under subsection (K)(1)(b)(v) of this section; users submitting reports on compliance with the categorical pretreatment standard deadlines under subsection (K)(3) of this section; and users submitting periodic compliance reports required by subsections (K)(4)(a) through (c) of this section. The following certification statement must be signed by an authorized representative as defined in NPMC 13.20.010(D)(5):

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.

b. Annual Certification for Nonsignificant Categorical Industrial Users. A facility determined to be a nonsignificant categorical industrial user by the City pursuant to NPMC 13.20.010(D)(64)(c) and subsection (I)(6) of this section must annually submit the following certification statement signed in accordance with the signatory requirements in NPMC 13.20.010(D)(5). This certification must accompany an alternative report required by the City:

Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical Pretreatment Standards under 40 CFR _____, I certify that, to the best of my knowledge and belief that during the period from __________, __________ to __________, __________ [months, days, year]:

(a) The facility described as _________________________

[facility name] met the definition of a Non-Significant Categorical Industrial User as described in Section 13.20.010(D)(64)(c);

(b) The facility complied with all applicable Pretreatment Standards and requirements during this reporting period; and (c) the facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.

This compliance certification is based on the following information.

__________________________________________________

L. Compliance Monitoring.

1. Right of Entry – Inspection and Sampling. The City shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this chapter and any individual wastewater discharge permit or order issued hereunder. 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.

a. Where a user has security measures in force that 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 shall be permitted to enter without delay for the purposes of performing specific responsibilities.

b. 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.

c. The City may require the user 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 user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated annually to ensure their accuracy.

d. 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.

e. Unreasonable delays in allowing the City access to the user’s premises shall be a violation of this chapter.

2. Search Warrants. If the City 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 and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the City may seek issuance of a search warrant from the Superior Court of the Fourth Judicial District of the State of Alaska. Such warrant shall be served by the City in the company of a uniformed police officer.

M. Confidential Information. Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, individual wastewater discharge permits, and monitoring programs, and from the City’s inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the City, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable State law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the APDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data, as defined at 40 CFR 2.302, shall not be recognized as confidential information and shall be available to the public without restriction.

N. Publication of Users in Significant Noncompliance. The City shall publish annually, in the City’s newspaper of record, a list of the users which, at any time during the previous twelve months, were in significant noncompliance with applicable pretreatment standards and requirements. The term “significant noncompliance” shall be applicable to all significant industrial users (or any other industrial user that violates subsection (N)(3), (4) or (8) of this section) and shall mean:

1. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in NPMC 13.20.010(D);

2. Technical review criteria (TRC) violations, defined here as those in which thirty-three percent or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by NPMC 13.20.010(D), multiplied by the applicable criteria (1.4 for BOD, COD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

3. Any other violation of a pretreatment standard or requirement as defined by NPMC 13.20.010(D) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the City determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;

4. Any discharge of a pollutant 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 a discharge;

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

6. Failure to provide within forty-five 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;

7. Failure to accurately report noncompliance; or

8. 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.

O. Administrative Enforcement Remedies.

1. Notification of Violation. When the City finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the City may serve upon that user a written notice of violation. Within fifteen days of the receipt of such 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 such a 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.

2. Consent Orders. The City may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to subsections (O)(4) and (5) of this section and shall be judicially enforceable.

3. Show Cause Hearing. The City may order a user which has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, to appear before the City and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least twenty days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in NPMC 13.20.010(D)(5) and required by subsection (I)(6)(a) of this section. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

4. Compliance Orders. When the City finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the City may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may 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 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.

5. Cease and Desist Orders. When the City finds that a user has violated, or continues to violate, any provision of this chapter, an individual 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 City may issue an order to the user directing it to cease and desist all such violations and directing the user to:

a. Immediately comply with all requirements; and

b. 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.

6. Administrative Fines.

a. When the City finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the City may fine such user in an amount not to exceed $1,000 (one thousand dollars). Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.

b. Unpaid charges, fines, and penalties shall, after thirty calendar days, be assessed an additional penalty of ten percent of the unpaid balance, and interest shall accrue thereafter at a rate of ten and one-half percent per month. A lien against the user’s property shall be sought for unpaid charges, fines, and penalties.

c. Users desiring to dispute such fines must file a written request for the City to reconsider the fine along with full payment of the fine amount within twenty days of being notified of the fine. Where a request has merit, the City may convene a hearing on the matter. 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, and any additional legal expenses, to the fine.

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

7. Emergency Suspensions. The City may immediately suspend a user’s discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The City may also immediately suspend a user’s discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.

a. Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the City may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The City may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the City that the period of endangerment has passed, unless the termination proceedings in subsection (N)(8) of this section are initiated against the user.

b. A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the City prior to the date of any show cause or termination hearing under subsection (O)(3) or (8) of this section.

Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

8. Termination of Discharge. In addition to the provisions in subsection (J)(6) of this section, any user who violates the following conditions is subject to discharge termination:

a. Violation of individual wastewater discharge permit conditions;

b. Failure to accurately report the wastewater constituents and characteristics of its discharge;

c. Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;

d. Refusal of reasonable access to the user’s premises for the purpose of inspection, monitoring, or sampling; or

e. Violation of the pretreatment standards in this section.

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under subsection (O)(3) of this section why the proposed action should not be taken. Exercise of this option by the City shall not be a bar to, or a prerequisite for, taking any other action against the user.

P. Judicial Enforcement Remedies.

1. Injunctive Relief. When the City finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the City may petition the Superior Court of the Fourth Judicial District of the State of Alaska 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 individual 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 a user.

2. Civil Penalties.

a. A user who has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the City for a maximum civil penalty of $1,000 (one thousand dollars) per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.

b. The City may recover reasonable attorneys’ 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.

c. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.

3. Criminal Prosecution.

a. A user who willfully or negligently violates any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $1,000 (one thousand dollars) per violation, per day, or imprisonment for not more than six months, or both.

b. A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of at least $1,000 (one thousand dollars) per violation, per day, or be subject to imprisonment for not more than six months, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under State law.

c. A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, individual wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, shall, upon conviction, be punished by a fine of not more than $1,000 (one thousand dollars) per violation, per day, or imprisonment for not more than six months, or both.

d. In the event of a second conviction, a user shall be punished by a fine of not more than $1,000 (one thousand dollars) per violation, per day, or imprisonment for not more than six months, or both.

4. Remedies Nonexclusive. The remedies provided for in this chapter are not exclusive. The City may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the City’s enforcement response plan. However, the City may take other action against any user when the circumstances warrant. Further, the City is empowered to take more than one enforcement action against any noncompliant user.

Q. Supplemental Enforcement Action.

1. Penalties for Late Reports. A late fee of $100 (one hundred dollars) shall be assessed to any user for each day that a report required by this chapter or a permit or order issued hereunder is late, beginning five days after the date the report is due. For reports that are more than ten calendar days late, a late fee of $500 (five hundred dollars) per day shall be assessed beginning on the eleventh day that the report is overdue. Actions taken by the City to collect late reporting penalties shall not limit the City’s authority to initiate other enforcement actions that may include penalties for late reporting violations.

2. Water Supply Severance. Whenever a user has violated or continues to violate any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will recommence, at the user’s expense, only after the user has satisfactorily demonstrated its ability to comply.

3. Informant Rewards. The City may pay up to $5,000 (five thousand dollars) for information leading to the discovery of noncompliance by a user. In the event that the information provided results in a civil penalty or an administrative fine levied against the user, the City may disperse up to twenty percent of the collected fine or penalty to the informant. However, a single reward payment may not exceed $5,000 (five thousand dollars).

R. Affirmative Defenses to Discharge Violations.

1. Upset.

a. For the purposes of this section, “upset” means an exceptional incident in which there is unintentional and temporary noncompliance with categorical 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 preventive maintenance, or careless or improper operation.

b. An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical treatment standards if the requirements of subsection (R)(1)(c) of this section are met.

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

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

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

iii. The user has submitted the following information to the City within twenty-four hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five days):

(A) A description of the indirect discharge and cause of noncompliance;

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

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

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

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

2. Prohibited Discharge Standards. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in subsection (B) of this section or the specific prohibitions in subsections (C)(3) and (4) of this section if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:

a. A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or

b. No local limit exists, but the discharge did not change substantially in nature or constituents from the user’s prior discharge when the City was regularly in compliance with its NPDES permit and, in the case of interference, was in compliance with applicable sludge use or disposal requirements.

3. Bypass.

a. For the purposes of this section:

i. “Bypass” means the intentional diversion of wastestreams from any portion of a user’s treatment facility.

ii. “Severe property damage” means 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.

b. A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of subsections (R)(3)(c) and (d) of this section.

c. Bypass Notifications.

i. If a user knows in advance of the need for a bypass, it shall submit prior notice to the City, at least ten days before the date of the bypass, if possible.

ii. A user shall submit oral notice to the City of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user 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 reoccurrence of the bypass. The City may waive the written report on a case-by-case basis if the oral report has been received within twenty-four hours.

d. Bypass.

i. Bypass is prohibited, and the City may take an enforcement action against a user for a bypass, unless:

(A) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

(B) 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 periods of equipment downtime or preventive maintenance; and

ii. The City may approve an anticipated bypass, after considering its adverse effects, if the City determines that it will meet the three conditions listed in subsection (R)(3)(d)(i) of this section.

S. Private Wastewater Disposal.

1. Where a public sewer is not available under the provisions of the Uniform Plumbing Code (UPC), the building sewer shall be connected to a private wastewater disposal system complying with the same provisions and applicable City, State and Federal requirements.

2. Upon completion of construction of a sewer system extension in an area, the City shall publish a notice that sewer service is available to serve the property owners of that area.

a. The owner of a property located within the corporate City limits of the City of North Pole as defined in subsection (A)(4) of this section and served by a private wastewater disposal system shall have installed or cause to be installed, at his expense, a connection to the public sewer within no less than two years from the date such sewer service is declared to be available, or any other timetable as prescribed by City Council or City code. Prior to the sale of a property served by a wastewater service system, hookup to the wastewater service is required. The connection shall be of a type and installed in a manner consistent with this chapter. Monthly wastewater fees as established by City code shall begin at time of such connection.

b. The owner of a property located outside of the corporate City limits of the City of North Pole may connect to a sewer system extension in an area. Connection to the sewer system shall be at their expense. The connection shall be of a type and installed in a manner consistent with this chapter. Monthly wastewater fees as established by City code shall begin at time of such connection.

3. Tie-in fees for new service areas are to be established by resolution of the Council. Tie-in fees are due at time of connection; however, arrangements may be made to amortize tie-in fees over a twelve-month period.

4. Failure to connect to available sewer service within the two-year time period shall be cause for the property owner to be billed and required to pay the applicable monthly wastewater fee on an ongoing month-by-month basis. In addition, the tie-in fee becomes due and payable; however, arrangements may be made to amortize tie-in fees over a twelve-month period.

5. Failure to connect or pay applicable fees within three years of notice shall be cause for the City to file a lien against said property for outstanding tie-in fees and/or wastewater fees. Such lien shall be reviewed annually and may be adjusted to reflect actual outstanding balances.

T. Building Sewers. All building sewers shall be installed in complete accordance with City of North Pole service line requirements for water and wastewater commercial and residential structures and provisions of the latest version of the Uniform Plumbing Code and amendments adopted by the City.

U. Service Connection.

1. No unauthorized person(s) shall uncover, make any connections with or openings into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written sewer connection permit from the Mayor or designated representative.

2. Where construction, repair, maintenance and excavation in public streets are involved, see North Pole water and sewer standards of construction.

3. The owner shall be responsible to the City for any loss or damage that may directly or indirectly be occasioned by the installation of the service connection.

4. All requested permit applications shall be screened and evaluated by the Director of City Services and the Mayor or designated representative to determine the following:

a. The quantity and characteristics of the sewage to be introduced;

b. The availability of a public sewer;

c. The sufficiency of the public sewer capacity;

d. The commitment of the owner for payment of assessments;

e. The commitment of the owner to comply with all provisions of this code.

Unacceptability of any item above shall be sufficient grounds for denying the application. The applicant, if required by the City, shall provide such data as is necessary for the above determination.

5. Every service line shall contain cleanouts outside the building as required by the Uniform Plumbing Code.

6. All structures shall contain a backwater valve to prevent sewer backup inside the confines of the structure as required by the most current edition of the Uniform Plumbing Code adopted by the City.

7. Individual Sewer Services. Independent and separate sewer services shall be provided on each lot for all buildings within the City or that are to be ultimately connected to the municipal sewer system. Common sewer services are expressly prohibited in zero lot line and townhouse developments. Condominiums or planned unit developments with specific association agreements subject to the City’s review and satisfaction may be allowed as exceptions. The customer provides and pays for all expenses required to install the necessary sewer pipe, fittings, cleanouts, manholes and pump stations required to connect the property to the City sewer at the point of connection designated by the Utility Supervisor or his designated representative.

a. Exceptions where the Utility has approved a single customer service line to serve multiple utility customers at a single property, as in duplex or multiplex properties, the property owner shall be responsible for the customer sewer line from the sewer main to the property. (See subsection (V) of this section.)

8. Sampling and Observation Station. When required by the Utility, any commercial or industrial user shall install a suitable sampling station on his property to facilitate observation, sampling and measurement of wastes. Such station, when required by the North Pole Utility, shall be accessible and safely located and shall be constructed in accordance with plans approved by the North Pole Utility. Installation and maintenance expense shall be the responsibility of the property owner.

9. All commercial kitchens and other food processing facilities shall furnish, install and maintain a grease trap/interceptor to trap animal and vegetable based greases and oils in accordance with the Uniform Plumbing Code and the local limits criteria listed in subsection (G)(2) of this section. Final acceptance of such a device and the operation and maintenance plan to ensure its proper performance is subject to approval by the North Pole Utility. Further applicability and information on this requirement can be obtained from the North Pole Utility.

10. Installation of sewer stub line and sewer connections:

a. All sewer stub lines shall be installed and mains tapped by a contractor licensed by the State. As a prerequisite to commencing any work on the Utility, the contractor shall furnish:

i. Contractor’s license (State of Alaska);

ii. Proof of workman’s compensation insurance, if required by law;

iii. A bond in the amount of $5,000 (five thousand dollars);

iv. Other proof of capability to perform such work as required by the Director of City Services.

b. The party or parties installing the building sewer line portion outside the street right-of-way need not meet the requirements of a bonded contractor as outlined above, but they shall make the City aware of their capabilities to perform such work. Those installing this portion of the sewer service line will, however, be required to meet the same material and workmanship qualifications outlined in the City of North Pole standard of construction specifications.

V. Maintenance and Repair. The property owner shall be responsible for all maintenance and repair of their service line, connection cleanouts, backwater valves, and shall further be responsible for the removal of soft plugs or debris which accumulate in their service line or connection as well as frozen service line and connections. The property owner shall ensure that all-weather access is available to sewer system personnel for cleanouts, valves, control manholes and pretreatment facilities located on user property.

W. Claim for Sewage Blockages.

1. Subject to the provisions of subsection (W)(2) of this section, if it is determined that a backup problem stems from a blockage within a City sewer easement or a main line plug and the property owner notifies the sewer manager prior to incurring costs for cleaning and/or thawing, the customer is eligible for reimbursement of such costs.

2. If it is determined that a backup problem stems from a blockage or other malfunction existing within a sewer interceptor or lateral located within the City easement, and if it is determined that such interceptor or lateral was installed by a person, corporation or other entity who, at the time of such installation, was not under contract with the City to install such improvements, then and in such event, the property owner shall have the burden of showing that the person, corporation, or other entity responsible for such installation complied with the provisions of this code prior to connection to the municipal sewer system. If such compliance cannot be established, the customer shall not be eligible for reimbursement of the costs of cleaning and/or thawing, or repairing such broken connection or other obstruction.

3. The City will reimburse the customer for steam thawing when performed by a licensed bonded contractor if:

a. It is determined that the total cost has been paid to the vendor; and

b. An original copy of the vendor’s invoice, marked paid, is submitted to the City within one hundred twenty days of the date the work was performed; and

c. When it has been determined that the backup and/or freezing was caused by a main line plug.

4. Liability resulting from blockages shall be limited in any event to reimbursement for correction of the blockage.

X. Liability for Damages Due to Failure of Service. The sewer utility will exercise reasonable diligence in furnishing utility service in compliance with applicable laws and regulations but will not be liable for damage caused by interruptions to service, irregularity of services, or failure of service which occurs as a result of failure of utility facilities, accidents, acts by third persons, or circumstances beyond the Utility’s reasonable control.

Y. Service Interruptions. The sewer utility reserves the right to temporarily suspend services when necessary for the purpose of new installations, repairs, testing, modification, expansion, correction or replacement of the system. The Utility will attempt to notify affected utility users of impending service interruptions where possible and where not precluded by emergency conditions. The Utility will exercise reasonable diligence in avoiding inconvenience which may arise out of necessary service interruptions.

Z. Disclaimer of Warranty. Any approval by the City of a type, kind or capacity of an installation shall not relieve a person of the responsibility of revamping, enlarging or otherwise modifying such installation to accomplish an intended purpose, nor shall any written or oral agreement as to limits of constituents of volume of waters or waste be considered as final approval for continuing operation. These limits will be subject to constant study and change as considered necessary to serve their intended purpose. The utility expressly disclaims warranty to facilities installed by users or by users’ representatives. (Ord. 20-06 § 2, 2020; Ord. 20-01 § 2, 2020²; Ord. 17-15 § 2, 2017; Ord. 16-16 § 2, 2016; Ord. 15-05 § 2, 2015; Ord. 12-15 § 2, 2012; Ord. 04-08 § 2, 2004; Ord. 01-03 § 2, 2003; Ord. 00-16 § 2, 2000; Ord. 98-16 § 2, 1998; Ord. 88-1 § 2, 1988; Ord. 87-12 § 3, 1987)

Code reviser’s note: The amendments made by Ord. 20-01 for local limits for per- and polyfluoroalkyl substances are effective February 1, 2021, as extended by Ord. 20-09.