PUBLIC UTILITIES CODE
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PUBLIC UTILITIES CODE
ARTICLE 2
INDUSTRIAL WASTE DISCHARGE
CHAPTER 1. GENERAL PROVISIONS . . . . . . .
Section 2-101.
Findings and Purposes
Section 2-102.
Purposes. . . . . . .
Section 2-103.
Short Title. . . . .
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CHAPTER 2. DEFINITIONS AND ABBREVIATIONS . . . . . . . . . . . . . . . . .
Section 2-201.
Definitions. . . . . . . . . . . . . . . . . . . .
Section 2-202.
Abbreviations. . . . . . . . . . . . . . . . . . .
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CHAPTER 3. POLLUTANTS, REGULATIONS . . . . . . . . . . . . . . . . . . . .
Section 2-301.
Pretreatment. . . . . . . . . . . . . . . . . . . .
Section 2-302.
Prohibited Wastes. . . . . . . . . . . . . . . . .
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CHAPTER 4. HOSPITAL WASTES . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 2-401.
Regulated Facilities. . . . . . . . . . . . . . . . 12
CHAPTER 5. APPLICATIONS, PERMITS, AND REQUIREMENTS . . . . .
Section 2-501.
General Requirements. . . . . . . . .
Section 2-502.
Reporting Requirements. . . . . . . .
Section 2-503.
Accidental Discharges, Protection. .
Section 2-504.
Accidental Discharges, Notification.
Section 2-505.
Permit Duration. . . . . . . . . . .
Section 2-506.
Permit Application. . . . . . . . . .
Section 2-507.
Permit Conditions. . . . . . . . . .
Section 2-508.
Records Retention. . . . . . . . . .
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CHAPTER 6. FORMULA . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Section 2-601.
Combined Wastewater Formula. . . . . . . . . . . . 22
CHAPTER 7. INSPECTION
Section 2-701.
Section 2-702.
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Inspection,
Response to
Application
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Sampling, and Right of Entry. . . . . . 23
Survey Questionnaires and Permit
Forms. . . . . . . . . . . . . . . . . 24
CHAPTER 8. ADMINISTRATION . . . . . . . . . . . . . . . . . . . . . . . . 24
Section 2-801.
Administration. . . . . . . . . . . . . . . . . . . 24
CHAPTER 9. ENFORCEMENT
Section 2-901.
Section 2-902.
Section 2-903.
Section 2-904.
Section 2-905.
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Suspension or Revocation of
Liability of User. . . . .
Judicial Proceedings. . . .
Posting of a Bond. . . . .
Levels of Action. . . . . .
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Permit.
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CHAPTER 10. CONFIDENTIAL INFORMATION . . . . . . . . . . . . . . . . . . . 28
Section 2-1001.
Information and Data. . . . . . . . . . . . . . . . 28
CHAPTER 11. FEES . . . . . . . . . . . . . .
Section 2-1101.
Purpose. . . . . . .
Section 2-1102.
Charges and Fees. . .
Section 2-1103.
Renewal. . . . . . .
Section 2-1104.
Denial. . . . . . . .
Section 2-1105.
Modification. . . . .
Section 2-1106.
Permit Not Required.
CHAPTER 12. NOTICE PROCEDURE
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Section 2-1201.
Notice. . . . . . . . . . . . . . . . . . . . . . . 29
CHAPTER 13. FILING OF RULES AND REGULATIONS . . . . . . . . . . . . . . . . 29
Section 2-1301.
Filing of Rules and Regulations. . . . . . . . . . 29
CHAPTER 14. RIGHTS OF REVISION . . . . . . . . . . . . . . . . . . . . . . 29
Section 2-1401.
Right of Revision. . . . . . . . . . . . . . . . . 29
CHAPTER 15. SEVERABILITY AND CONFLICT . . . . . . . . . . . . . . . . . . . 29
Section 2-1501.
Severability. . . . . . . . . . . . . . . . . . . . 29
Section 2-1502.
Conflict. . . . . . . . . . . . . . . . . . . . . . 30
CHAPTER 16. EFFECTIVE DATE . . . . . . . . . . . . . . . . . . . . . . . . 30
Section 2-1601.
Effective Date. . . . . . . . . . . . . . . . . . . 30
ii
PUBLIC UTILITIES CODE
ARTICLE 2
INDUSTRIAL WASTE DISCHARGE
[NOTE:
Except as otherwise noted, the provisions of Article 2 of the Public
Utilities Code were enacted on July 17, 1991 by Ordinance No. 91-1.]
CHAPTER 1.
GENERAL PROVISIONS
Section 2-101.
Findings and Purposes.
Findings of the Tribal Council:
(A)
As the sole source of regulatory authority on the Colorado River
Indian Reservation, the Colorado River Indian Tribes must enact an industrial
waste discharge ordinance and delegate authority to the Joint Venture to enable
the Joint Venture to administer and take enforcement action against violators of
the Tribe's ordinance.
(B) Pursuant to this ordinance the Colorado River Indian Tribes intends
to delegate to the Joint Venture the enforcement power necessary to implement the
Joint Venture's authority stated in the ordinance and that all such delegated
authority is also concurrently and independently retained and exercisable by the
Tribe and the Tribal Environmental Protection Officer pursuant to Tribal
ordinance and practice and that all civil, regulatory and criminal penalties
under Tribal law, now in force and hereinafter enacted, shall concurrently and
independently apply to violations of this ordinance, in addition to any penalties
or violations of any regulations or laws stated in the ordinance.
(C) The purpose of this Ordinance is to provide for the protection of the
Colorado River Sewage System Joint Venture sanitary sewage system, groundwater
resources, and effluent-receiving waterways through adequate regulation of
industrial wastewater discharges and to enable the Colorado River Sewage System
Joint Venture to comply with all applicable Tribal, State and Federal Laws
required by the Clean Water Act of 1979 and the General Pretreatment Regulations
(40 CFR, Part 403).
Section 2-102.
Purposes.
(A)
This ordinance provides for regulation of direct and indirect
contributors to the Joint Venture wastewater system through
enforcement of general requirements for users and authorities,
monitoring and enforcement activities that require user reporting,
assuming that existing customer's capacity will not be preempted,
and providing for the setting of fees for the equitable distribution
of costs resulting from the program established here.
(B)
The objectives of this ordinance are:
(1)
To prevent introduction of pollutants into the Joint Venture
wastewater system which will interfere with the operation of
the system or contaminate the resulting sludge;
(2)
To prevent introduction of pollutants into the Joint Venture
wastewater system which will pass through the system,
inadequately treated, into receiving waters or the atmosphere
or otherwise be incompatible with the system;
(3)
To improve the opportunity to recycle and reclaim wastewater
and sludge from the system; and
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PUBLIC UTILITIES CODE
(4)
Section 2-103.
To provide for equitable distribution of the cost of the Joint
Venture wastewater system.
Short Title.
This ordinance shall be known as the Industrial Waste Discharge Ordinance.
CHAPTER 2.
DEFINITIONS AND ABBREVIATIONS
Section 2-201.
Definitions.
Unless the context specifically indicates otherwise, the following terms
and phrases, as used in this Ordinance, shall have the meanings hereinafter
designated:
(A)
Act or "the Act."
The Federal Water Pollution Control Act, also known
as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.
(B)
Approval Authority. The State department of environmental quality
director in an NPDES State with an approved State pretreatment program and the
Administrator of the EPA and the Tribal Environmental Protection Officer in a
non-NPDES State without an approved State Pretreatment Program.
(C)
Authorized Representative.
Industrial User may be:
An
authorized
representative
of
an
(1)
a principal executive officer of at least the level of vicepresident, if the industrial user is a corporation;
(2)
a general partner or proprietorship; or
(3)
a duly authorized representative of the individuals designated
above.
The authorized representative of an industrial user
shall be named by official title only in the Industrial
Wastewater Discharge Permit.
(D) Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in
the biochemical oxidation of organic matter under standard laboratory procedure,
five (5) days at twenty degrees centigrade (20° C.) expressed in terms of weight
and concentration [milligrams per liter (mg/1)].
(E)
A sewer conveying wastewater from the premises of a User to the JVOTW.
(F) Categorical Standards.
or Pretreatment Standard.
National Categorical Pretreatment Standards
(G) Compliance Schedule. Increments of progress in the form of dates for
the commencement and completion of major events leading to the construction and
operation of pretreatment facilities.
(H) Control Authority. The term or name control authority shall refer to
the Approval Authority, defined hereinbefore; or the Manager of the Colorado
River Sewage System Joint Venture if the Joint Venture has an approved
Pretreatment Program under federal or State laws or regulations.
(I)
Cooling Water.
The waste discharged from any use, such as air
conditioning, cooking or refrigeration, or to which the only pollutant added is
text.
(J)
Days.
Any specific reference to a number of days shall be calendar
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INDUSTRIAL WASTE DISCHARGE
days unless otherwise specified in the text.
(K)
Direct Discharge.
A discharge of treated or untreated wastewater
directly into the JVOTW without prior mixing with other wastewater.
(L) Discharge.
into the JVOTW.
The intentional or unintentional release of a substance
(M)
Discharge Limit.
A limit of the amount of pollutant which is
discharged to the JVOTW. This limit is specific for a controlled pollutant. The
limit may be expressed as milligrams per liter (mg/1) or similar appropriate
units, or as a mass of specific amount per unit of time.
(N)
Discharge Strength.
The actual amount of pollutant which
discharged expressed a concentration or as a total amount in a given time.
is
(O)
Environmental Protection Agency, or EPA.
The United States
Environmental Protection Agency or Tribal environmental protection agency or
office, where the context so permits.
(P) Existing Industrial Users. Any Industrial user discharging pollutants
at the time this Ordinance goes into force.
(Q)
Grab Sample. A sample which is taken from a waste stream on a onetime basis with no regard to the flow in the waste stream and without
consideration of time.
(R) Holding Tank Waste. Any waste from holding tanks, such as vessels,
chemical toilets, campers, trailers, septic tanks, and vacuum-pump trucks.
(S)
Indirect Discharge.
The discharge or introduction of non-domestic
pollutants from any source regulated under Section 307 (b) or (c) of the Act, (33
U.S.C. § 1317), into the JVOTW (including holding tank waste discharged into the
system).
(T)
Industrial User.
A source of Indirect Discharge which does not
constitute a "discharge of pollutants" under regulations issued pursuant to
Section 402 of the Act. (33 U.S.C. § 1342).
(U)
Industrial Wastewater.
Any discharge to the Joint Venture Owned
Treatment Works of solid, liquid or gaseous waste resulting from any industrial,
institutional, governmental, treatment, manufacturing, reclamation, trade of
business process of from the development, recovery, processing, or reprocessing
of natural resources.
(V) Industrial Wastewater Discharge Permit. A written authorization by
the Manager which allows the discharge to the Joint Venture Owned Treatment Works
of industrial wastewater containing pollutants controlled by any Permit
requirement imposed by this Ordinance.
(W)
Interference.
The inhibition or disruption of the JVOTW treatment
processes or operations which Contributes to a violation of any requirements of
the Joint Venture's NPDES Permit, Reclaimed Wastewater reuse Permit, Groundwater
Discharge Permit, and/or effluent quality requirements.
The term includes
prevention of sewage sludge use or disposal by the JVOTW in accordance with
Section 405 of the Act. (33 U.S.C. § 1345), or any criteria, guidelines, or
regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean
Air Act , the Toxic Substances Control Act, or more stringent State criteria
(including those contained in any State sludge management plan prepared pursuant
to Title IV of SWDA applicable to the method of disposal or use employed by the
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PUBLIC UTILITIES CODE
JVOTW.
(X) Joint Venture Owned Treatment Works (JVOTW). This includes any and/or
all of the wastewater collection and treatment systems which are owned and
operated in part or in whole by the Colorado River Sewage System Joint Venture
as defined by Section 212 of the Act (33 U.S.C. § 1292).
This definition
includes any sewers that convey wastewater to the JVOTW treatment plant but does
not include pipes, sewers, or other conveyances not connected to a facility
providing treatment.
For the purposes of this Ordinance, "JVOTW" shall also
include any sewers that convey wastewater to the JVOTW from persons outside the
service area who are, by contract or agreement with the Joint Venture, Users of
the JVOTW.
(Y) JVOTW Treatment Plant.
treatment to wastewater.
That portion of the JVOTW designed to provide
(Z)
Manager.
The Manager of the Colorado River Sewage System Joint
Venture of his designated representative.
(AA) National Categorical Pretreatment Standard or Pretreatment Standard.
Any regulation containing pollutant discharge limits promulgated by the EPA in
accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1347) which
applies to a specific category of Industrial Users.
(BB)
National Prohibitive Discharge Standard or Prohibitive Discharge
Standard. Any regulation developed under the authority of 307(b) of the Act and
40 CFR, § 403.5.
(CC) New Source. Any source, the construction of which is commenced after
the publication of proposed regulations prescribed as Section 307(C) (33 U.S.C.
§ 1317) Categorical Pretreatment Standard which will be applicable to such
source, if such standard is thereafter promulgated within 120 days of proposal
in the Federal Register. Where the standard is promulgated later than 120 days
after proposal, a new source means any source, the construction of which is
commenced after the date of promulgation of the standard.
(DD) National Pollutant Discharge Elimination System or NEDES Permit.
permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).
(EE)
Owner.
(FF) Permit.
a Capital "P".
A
Property Owner.
An industrial Wastewater Discharge Permit when spelled with
(GG) Permit Holder.
Discharge Permit.
A user who has been issued an industrial wastewater
(HH) Person. Any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental entity
or any other legal entity, or their legal representatives, agents, or assigns.
The masculine gender shall include the feminine, and the singular shall include
the plural where indicated by the context.
(II) pH. The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in grams per littler of solution.
(JJ)
Pollutant.
Something that causes pollution, including but not
limited to dredged spoil, solid waste, incineration residue, sewage, garbage,
sewage screening, munitions, sewage sludge, chemical wastes, biological
materials, wrecked or discharged equipment, cellar dirt, radioactive materials,
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INDUSTRIAL WASTE DISCHARGE
heat, rock, sand, and industrial, municipal and agricultural waste discharged
into the Joint Venture Owned Treatment Works (JVOTW) and into water.
(KK)
Pollution.
The addition of physical, chemical, biological or
radioactive substances to, or the alteration of, the thermal properties of any
wastewater.
(LL)
Pretreatment.
The physical, chemical, biological, or other
alteration of pollutants in wastewater prior to discharge to the Joint Venture
Owned Treatment Works for the purpose of (1) reducing the amount of any
pollutant, (2) eliminating the discharge of any pollutant, or (3) altering the
nature of any pollutant to a less harmful state.
The reduction or alteration can be obtained by physical, chemical, or
biological processes or process changes from other means, except as prohibited
by 40 CFR § 403.6(d).
(MM) Pretreatment Requirements. Any substantive or procedural requirement
related to pretreatment, other than a National Pretreatment Standard imposed on
an Industrial User.
(NN)
Prohibited Wastes.
Wastes which may not be discharged to the JVOTW.
(OO)
Schedule of Construction.
A
completion of spill protection facilities.
sequence
(PP)
permissive.
and
Shall,
Must
and
May.
Shall
Must
of
events
are
necessary
mandatory;
may
for
is
(QQ)
Significant Industrial User.
Any Industrial User of the Joint
Venture's wastewater disposal system who (1) has a discharge flow of 25,000
gallons or more per average work day, or (2) has a flow greater than 5% of the
flow in the Joint Venture's wastewater treatment system, or (3) has in his wastes
toxic pollutants as defined pursuant to Section 307 of the Act or State statutes
and rules, or (4) is found by the Joint Venture, State departments, or the EPA,
U.S. or Tribal, to have significant impact, either singly or in combination with
other contributing industries, on the wastewater treatment system, the quality
of sludge, the system's effluent quality, or air emissions generated by the
system.
(RR) Slug Load. Any pollutants discharged during a fifteen (15) minute
period in any amount which is greater than five times the average twenty-four
concentration, quantity, or flow rate for such pollutant.
(SS)
Spill Protection Facilities.
Physical barrier which provides
protection from accidental discharge or spill into the sewer system of
prohibited, hazardous, or other waste materials which are regulated through this
ordinance.
(TT)
State.
Colorado River Indian Tribes ("Tribe") acting under its
inherent regulatory authority, or when otherwise preempted by valid Federal laws,
under delegated authority from the Federal government, and the State of Arizona
acting only under delegated authority pursuant to valid Federal laws and until
superseded by the Tribe.
(UU) Standard Industrial Classification (SIC). A classification pursuant
to the Standard Industrial Classification Manual issued by the Executive Office
of the President, Office of Management and Budget, 1972.
(VV)
Storm Water.
Any flow occurring during the following any form of
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PUBLIC UTILITIES CODE
natural precipitation and resulting therefrom.
(WW)
Suspended Solids.
The total suspended matter that floats on the
surface of/or is suspended in water, wastewater, or other liquids, and which is
removable by laboratory filtering.
(XX) Toxic Pollutant.
Any pollutant or combination of pollutants listed
as toxic in regulations promulgated by the Administrator of the Environmental
Protection Agency under the provision of GWA 307(a) or other Acts.
(YY) User. Any person making a discharge, allowing a discharge, or owning
property from which a discharge is allowed into the Joint Venture Owned Treatment
Works.
(ZZ)
Wastewater.
The liquid and water-carried industrial or domestic
wastes from dwellings, commercial buildings, industrial facilities, industrial
treatment facilities, and institutions, whether treated or untreated, which is
institutions, whether treated or untreated, which is contributed into or
permitted to enter the JVOTW.
(AAA)
Waters of the State.
All streams, lakes, ponds, marshes,
watercourses, waterways, wells, springs, reservoirs, aquifers, accumulations of
water, surface or underground, natural or artificial, public or private, which
are contained within, flow through, or border upon the Colorado River Indian
Reservation or any portion thereof.
(BBB) Colorado River Indian Reservation and Reservation. All land within
the exterior boundaries of the Colorado River Indian Reservation.
Section 2-202.
Abbreviations.
(A)
BOD
Biochemical Oxygen Demand
(B)
CFR
Code of Federal Regulations
(C)
COD
Chemical Oxygen Demand
(D)
EPA
Environmental Protection Agency
(E)
F.
Fahrenheit
(F)
JVOTW
Joint Venture Owned Treatment Works
(G) l
Liter
(H)
mg
Milligrams
(I)
mg/l
Milligrams per Liter
(J)
NPDES
National Pollutant Discharge Elimination System
(K)
SIC
Standard Industrial Classification
(L)
SWDA
Solid Waste Disposal Act, 42 U.S.C., § 6901, et seq.
(M)
USC
United States Code
(N)
TSS
Total Suspended Solids
CHAPTER 3.
POLLUTANTS, REGULATIONS
6
INDUSTRIAL WASTE DISCHARGE
Section 2-301.
Pretreatment.
(A)
Users shall provide necessary wastewater treatment as required to
comply with this Ordinance and shall achieve compliance with all Federal
Categorical Pretreatment standards within the time limitations as specified by
the Federal Pretreatment Regulations.
(B) Any facilities required to pretreat wastewater to a level acceptable
to the Joint Venture shall be provided, operated, and maintained at User's
expense. Detailed plans showing pretreatment facilities and operating procedures
will in no way relieve the User from the responsibility of modifying the facility
as necessary to produce an effluent acceptable to the Joint Venture under the
provisions of this Ordinance. Any subsequent changes in pretreatment facilities
or methods of operation shall be reported to and be acceptable to the Joint
Venture prior to User initiation of the changes.
(C) The Joint Venture may annually publish in a newspaper a list of the
Users which were not in compliance with any Pretreatment Requirements of
Standards at least once during the same twelve (12) months.
(D) All records relating to compliance with Pretreatment Standards shall
be made available to officials of the EPA or Approval Authority upon request.
Section 2-302.
(A)
Prohibited Wastes.
General Prohibitions.
(1)
No person shall discharge or cause to be discharged to any
sewer, which directly or indirectly connects to the JVOTW, any wastewater which
may have an adverse or harmful effect on the JVOTW, JVOTW personnel or equipment,
JVOTW effluent quality, public or private property; or which may otherwise
endanger the public, the environment, or create a public nuisance, or which
exceeds limitations as set by this Ordinance or the Manager; or causes the JVOTW
to violate State or Federal Regulations or Permits. Prohibited wastes described
in this Section shall not be discharged to the JVOTW, or to any retention
facility, such as but not limited to a sump, tank, clarifier, interceptor, piping
of waste treatment system which normally drains or flows to the JVOTW collection
or treatment systems.
Any prohibited wastes found in any of these facilities
shall be presumed to have been discharged to the JVOTW.
Included within this
prohibition is the discharge of any wastes which adversely affect water
reclamation or sludge use.
(2)
The Manager, in determining the acceptability of specific
wastes, shall consider the nature of the waste and adequacy and nature of the
collection, treatment and disposal system available to accept the waste.
(3) The Manager shall establish quantitative limitations for Users
which, because of their location, quantity, or quality of discharge, may degrade
wastewater quality to the level that it prevents or inhibits the JVOTW's efforts
to reclaim the water or causes any unusual operation or maintenance problems in
the JVOTW.
(4) These general prohibitions apply to all such users of a JVOTW
whether or not the User is subject to National Categorical Pretreatment Standards
or any other national, State, or local Pretreatment Standards of Requirements.
(B)
Identification of Additional Prohibited Wastes.
(1) When the Manager determines that a User is discharging to the
JVOTW any wastes not identified as prohibited in such amounts as may interfere
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PUBLIC UTILITIES CODE
with the operation of the JVOTW, the Manager shall:
(C)
(a)
advise the User of the impact of the contribution on the
JVOTW;
(b)
develop a discharge limitation for such User to correct
the interference with JVOTW; and
(c)
require the User to
Discharge Permit.
obtain
an
Industrial Wastewater
Prohibited Wastes and Discharge Limits.
Except as provided in Chapter 4 of this Ordinance, prohibited waste
shall include but not be limited to the following:
(1)
Any liquids, solids, or gases which by reason of their nature
or quantity are, or may be, sufficient, either alone or by
interaction with other substances, to cause fire or explosion
or be injurious in any other way to the JVOTW or to the
operation of the JVOTW.
At no time shall the successive
readings on an explosion hazard meter at the point of
discharge into the system (or at any point in the system) be
more than five percent (5%), nor any single reading over ten
percent (10%), of the Lower Explosive Limit (LEL) of the
meter.
Prohibited materials include but are not limited to
gasoline, kerosene, naptha, benzene, toluene, kylene, ethers,
alcohols,
ketones,
aldehydes,
peroxides,
chlorates,
perchlorates,
bromates,
carbides,
hydrides,
sulfates,
sulfides, and any other substances which the Joint Venture,
the State, or EPA (U.S or Tribal) has notified the User is a
fire hazard or a hazard to the system.
(2)
Any waste containing toxic or poisonous solids, liquids, or
gases in such quantities that alone, or in combination with
other waste substances, may create a hazard for humans,
animals,
animals,
or
the
local
environment;
interfere
detrimenally with wastewater treatment processes; cause a
public nuisance; cause any hazardous condition to occur in the
JVOTW; or to exceed the limitation set forth in a Categorical
Pretreatment Standard.
A toxic pollutant shall include but
not be limited to any pollutant identified pursuant to Section
307(a) of the Act.
(3)
Any waste having a pH lower than 6.0, greater than 9.0, or
having any corrosive or detrimental characteristics that may
cause injury to the JVOTW or service and maintenance
personnel.
(4)
Any solids or viscous substances of such size or in such
quantities that they may cause obstruction to flow in the
sewer or be detrimental to proper JVOTW operation.
These
objectional substances include but are not limited to asphalt,
asphalt residuals, dead animals, ashes, cinders, sand, mud,
straw, industrial process shavings, stone or marble dust,
spent grains, spent hops, metal, glass, glass grinding or
polishing wastes, rags, feathers, grass clippings, spent lime,
tar, plastics, wood, blood, paunch manure, grease bones, hair
fleshing, entails, paper cups, paper dishes, milk cartons or
other paper products either whole or ground.
8
INDUSTRIAL WASTE DISCHARGE
(5)
Any rain water, storm water, ground water, street drainage,
roof drainage, yard drainage, water from yard fountains,
ponds,
swimming
pools,
lawn
sprays,
or
any
other
uncontaminated water, except where prior approval for such
discharge of uncontaminated water is given by the Manager.
(6)
Any water added for the purpose of diluting wastes which would
otherwise exceed maximum concentration limits.
(7)
Any amounts of petroleum or mineral based cutting oils,
commonly called soluble oil and which forms persistent water
emulsions.
(8)
Any concentrations of non-biodegradable oil, petroleum oil, or
refined petroleum products in concentrations that would tend
to cause adverse effects on the JVOTW.
(9)
Any dispersed biodegradable oils, fats, and greases, such as
lard, tallow, or vegetable oil, in concentrations that would
tend to cause adverse effects on JVOTW.
(10)
Any waste with a concentration of cyanide that causes adverse
effects in the JVOTW or passes through the JVOTW.
(11)
Any unreasonable large amount of undissolved solids.
(12)
Any wastes with excessively high BOD, COD, or decomposable
organic content.
(13)
Any noxious or malodorous liquids, gases, or solids which
either singly or by interaction with other wastes are
sufficient to create a public nuisance or hazard to life or
are sufficient to prevent entry into the sewers for
maintenance and repair.
(14)
Any waste containing substances, including high pH material,
which cause incrustation, scale, or precipitates on sewer
walls or other adverse effects on the sewerage system.
(15)
Any substance promoting or causing the promotion of toxic
gases.
(16)
Any wastewater having a temperature which will inhibit
biological activity in the JVOTW treatment plan resulting in
interference, but in no case wastewater with a temperature at
the introduction into the JVOTW which exceeds 40° C. (104°
F.).
(17)
Any wastes with a quantity of chlorine in excess of 10 mg./1.
(18)
Any excessive amounts of chlorinated hydrocarbon or organic
phosphorous type compounds.
(19)
Any deionized water, steam condensate, or distilled water in
amounts which cause problems with hydraulic loading.
(20)
Any waste containing substances that my precipitate, solidify,
gel, polymerize, or become viscous under conditions normally
found in the sewerage system.
9
PUBLIC UTILITIES CODE
(21)
Any waste producing discoloration of wastewater or treatment
plant effluent, such as but not limited to dye wastes and
vegetable tanning solutions.
(22)
Any garbage or waste, other than that normally found in
domestic wastewater, that is not ground sufficiently to pass
through a 3/8 inch screen.
(23)
Any garbage or waste, excessive quantities of iron, boron,
chromium, phenols, plastic resins, copper, nickel, zinc, lead,
mercury, cadmium, selenium, silver, arsenic, or any other
materials toxic to humans, animals, the local environment, or
to biological wastewater treatment processes.
(24)
Any blow-down or bleed water from cooling towers or other
evaporative coolers exceeding one-third or the makeup water.
(25)
Any single pass cooling or heating water.
(26)
Any excessive quantities of radioactive material wastes.
(27)
Recognizable portions of the human anatomy.
(28)
Any waste containing detergents, surface active agents, or
other substances which may cause excessive foaming in the
sewerage system.
(29)
Any sludge from water or wastewater treatment plants not owned
and operated by the Colorado River Sewage System Joint
Venture.
The Manager may permit a User to discharge this
substance, which is otherwise prohibited by the Ordinance, if
he finds that the discharge will not adversely affect the
operation of the sewerage system.
No such permit shall be
issued which would violate any other federal, State, or local
rule, or regulation.
(30)
Any substance which may cause the JVOTW's effluent or any
other product of the JVOTW, such as residues, sludge, or scum,
to be unsuitable for reclamation and reuse or to interfere
with the reclamation process.
In no case shall a substance
discharged to the JVOTW cause the JVOTW to be in noncompliance
with sludge use or disposal criteria, guidelines, or
regulations developed under Section 405 of the Act; any
criteria, guidelines, or regulations affecting sludge use or
disposal developed pursuant to the Solid Waste Disposal Act,
the Clean Air Act, the Toxic Substances Control Act, or State
criteria applicable to the sludge management method being
used.
(31)
Any substance which will cause the JVOTW to violate its NPDES
and/or State Reclaimed Wastewater Reuse Permit, and/or
Groundwater Discharge Permit, or receiving water quality
standards.
(32)
Any pollutants, including oxygen demanding pollutants (BOD,
etc.) released at a flow rate and/or pollutant concentration
which a User knows or has reason to know will cause
interference to the JVOTW. In no case shall a slug load have
a flow rate or contain concentrations or pollutants that
exceed for any time period longer than fifteen (15) minutes,
10
INDUSTRIAL WASTE DISCHARGE
nor more than five (5) times the average twenty-four (24) hour
concentration, quantities, or flow during normal operation.
(D)
Federal Categorical Pretreatment Standards.
Upon promulgation of Federal Categorical Pretreatment Standards for a
particular industrial subcategory, the Federal Standard, if more stringent than
limitations imposed under this Ordinance or in a Permit issued by the Joint
Venture for Sources in that subcategory, shall immediately supersede the
limitations imposed under this Ordinance and/or the Permit. The Manager shall
notify all affected users of applicable reporting requirements under 40 CFR, §
403.12.
(E)
Modification of Federal Categorical Pretreatment Standards.
Where the Joint Venture's wastewater treatment system achieves consistent
removal or pollutants limited by Federal Pretreatment standards, the Joint
Venture may apply to the Approval Authority for modification of specific limits
in the Federal Pretreatment Standards. "Consistent Removal" shall mean reduction
in the amount of a pollutant or alteration of the nature of the pollutant by the
wastewater treatment system to a less toxic or harmless state in the effluent
which is achieved by the system in 95% of the samples taken when measured
according to the procedures set forth in 40 CFR § 403.7 (C)(2), Part 403,
"General Pretreatment Regulations for Existing and New Sources of Pollution"
promulgated pursuant to the Act.
The Joint Venture may then modify pollutant
discharge limits in the Federal Pretreatment Standards if the requirements
contained in 40 CFR § 403.7, Part 403 are fulfilled and prior approval from
Approval Authority is obtained.
(F)
State, County, City, Requirements.
State requirements and limitations, and if valid, county or city
requirements and limitations, on discharges shall apply in any case where they
are more stringent than Federal Requirements and limitations or those in this
Ordinance or in a Permit issued by the Joint Venture.
(G)
Excessive Discharge.
No User shall increase the use of process water or in any way attempt to
dilute a discharge as a partial or complete substitute for adequate treatment to
achieve compliance with the limitations contained in the Federal Categorical
Pretreatment Standards, or in any other pollutant-specific limitation developed
by the Joint Venture or State.
(H)
Additional Discharge Limits.
(1)
(a) The Manager shall, from time to time, establish quantitative or
other limitations applicable to waste discharges when in his judgment it is
necessary to protect the JVOTW, assure compliance with Federal and State
regulations, and if valid, county or city regulations; or protect public health
or environmental quality.
(b) Such limitations shall apply at or upstream from any industrial
wastewater monitoring facility or station prior to mixing with domestic
wastewater unless the combined wastewater formula is used.
(2)
Quantitative or other limitations intended for application to general
Users and not for inclusion only on individual Permits shall be proposed to the
Joint Venture Board of Directors by the Manager after a public hearing.
The
Manager shall provide notification at least forty-five (45) days prior to the
11
PUBLIC UTILITIES CODE
public hearing by publication in a newspaper of general circulation in the
Colorado River Sewerage System Joint Venture area by written notice to any person
who has filed a request of notification with the Manager.
The notice shall
contain a brief description of the nature of the proposal to be considered and
the time and place of the hearing. The Manager's recommendations and a report
on the hearing shall be made to the Board of Directors for approval of discharge
limits.
CHAPTER 4.
HOSPITAL WASTES
Section 2-401.
Regulated Facilities.
(A)
Hospitals, clinics, offices of medical doctors and veterinarians,
mortuaries, morgues, and convalescent homes:
(1)
(2)
(B)
After Manager approval, may discharge through a grinder
installation, which installation will have inlet size and
design features suitable for its intended use and so
constructed that all particles pass through a maximum 3/8-inch
long opening, wastes of the following categories:
(a)
Wet organic kitchen wastes from food preparation and
disposal but excluding all paper and plastic items.
(b)
Infectious wastes, defined as:
(i)
Laboratory and surgical operating
except as excluded in (2)(b) below;
room
wastes
(ii)
Wastes from outpatient areas and emergency rooms
similar to those included in (1)(b)(i) above.
Shall not discharge to the sewer by any means:
(a)
Solid wastes generated in the rooms of patients who are
isolated
because
of
a
suspected
or
diagnosed
communicable disease;
(b)
Recognizable portions of the humans anatomy;
(c)
Equipment, instruments, utensils and other material of
a disposable nature that may harbor or transmit
pathogenic organisms and that are used in the rooms of
patients having a suspected and diagnosed communicable
disease which by the nature or the disease is required
to be isolated by any Public Health Agency.
(d)
Waste excluded by other provisions of this Ordinance
except as specifically permitted in (1) above.
(e)
All solid wastes not included in (1) above.
Limit of Authority.
Nothing in this section shall be construed to limit the authority of the
Colorado River Sewage System Joint Venture of other health authority to
reasonable define wastes as being infectious and, with the concurrence of the
Manager, to require that they will not be discharged to the JVOTW.
(C)
Pretreatment.
12
INDUSTRIAL WASTE DISCHARGE
Pretreatment may be required by the Manager.
CHAPTER 5.
APPLICATIONS, PERMITS, AND REQUIREMENTS
Section 2-501.
(A)
General Requirements.
Industrial Wastewater.
No person shall discharge or cause to be discharged any Industrial
wastewater directly or indirectly to the JVOTW without first obtaining Manager's
approval, including any required Industrial Wastewater Discharge Permits.
In
approving discharges, the Manager shall set requirements at least as stringent
as applicable Federal and State, and if valid, county or city, rules,
regulations, or standards.
(B)
(1)
The Manager may require a separate Permit for each connection
to the JVOTW.
(2)
The Manager may require a separate Permit from the owner or
Manager of a shopping center or industrial park as well as
each business in the center or park.
Permit.
All new significant Users proposing to connect to or to contribute to the
JVOTW shall obtain an Industrial Wastewater Discharge Permit before connecting
to or contributing to the JVOTW. All existing significant Users connected to or
contributing to the JVOTW shall obtain an Industrial Wastewater Discharge Permit
within sixty (60) days after the effective date of this ordinance.
(C)
State and Federal Requirements.
An Industrial User shall at all times comply with all applicable Federal
rules, regulations, or standards or any applicable more stringent State, and if
valid, county or city, regulations, or standards.
Section 2-502.
Reporting Requirements.
Permit holders discharging into the JVOTW will be required to file a
periodic discharge report at time intervals to be determined by the Manager and
specified in the Permit. In no event shall the report interval be more than one
(1) year.
(A)
Mandatory Report by all Permit Holders.
The report shall include:
(B)
(1)
The name and address of the facility, the Permit number, and
the names of the owners;
(2)
A brief description of the operation and hours of operation;
(3)
Information showing wastewater discharge quantities.
Upon
approval of the Manager, verifiable estimates flows may be
used where justified by cost or feasibility considerations.
Report when Required by the Permit.
The report shall include the following when required by the permit:
13
PUBLIC UTILITIES CODE
(C)
(1)
The results of sampling and analysis. Results shall identify
the nature and concentration (or mass) of regulated pollutants
in the discharge of each process regulated by the Permit.
Reporting requirements may include both instantaneous and
average concentrations.
(2)
A schedule of cleaning, pumping, or hauling as specified in
the permit.
(3)
The reporting of the chemical constituents and quantities of
liquid, gaseous, or solid materials stored on the site even
though they may not normally be discharged. The Manager may
require the reporting of other information to assist in the
implementation of this Ordinance.
Reports for
Standards.
(1)
Users
Subject
to
Federal
Categorical
Pretreatment
Compliance date report:
Within ninety (90) days following the date for final compliance with
applicable Pretreatment Standards or, in the case of a New Source,
following commencement of the introduction of Wastewater into the
JVOTW, any User subject to Pretreatment Standards and Requirements
shall submit to the Manager a report indicating the nature and
concentration of all pollutants in the discharge from the regulated
process which are limited by Pretreatment Standards and Requirements
and the average and maximum daily flow for the process units in the
User facility which are limited by such Pretreatment Standards or
Requirements.
The report shall state whether the applicable
Pretreatment Standards or Requirements are being met on a consistent
basis, and, if not, what additional Operation and Maintenance and/or
pretreatment is necessary to bring the User into compliance with the
applicable Pretreatment Standards or Requirements. This statement
shall be signed by an authorized representative of the Industrial
User and certified to by a qualified Professional Engineer
registered in the State of Arizona.
(D)
Periodic Compliance Reports.
(1)
Any User subject to a Pretreatment Standard, after the
compliance date of such Pretreatment Standard, or, in the case
of a New Source, after commencement of the discharge into the
JVOTW, shall submit to the Manager during the months of June
and December, unless required more frequently in the
Pretreatment Standard or by the Manager, a report indicating
the nature and concentration of pollutants in the effluent
which are limited by such Pretreatment Standards.
In
addition, this report shall include a record of all daily
flows which during the reporting period exceeded the average
daily flow in Section 2-507 (A)(3) of this Ordinance. At the
discretion of the Manager and in consideration of such factors
as local high or low flow rates, holidays, budget cycles,
etc., the Manager may agree to alter the months during which
the above reports are to be submitted.
(2)
The Manager may impose mass limitations on Users which are
using dilution to meet applicable Pretreatment Standards or
Requirements, or in other cases where the imposition of mass
limitations are appropriate.
In such cases, the report
14
INDUSTRIAL WASTE DISCHARGE
required by subparagraph (C)(1) and (D)(10 of this Section,
shall
indicate
the
mass
of
pollutants
regulated
by
Pretreatment Standards in the effluent of the User.
These
reports shall contain the results of sampling and analysis of
the discharge, including the flow and the nature and
concentration, or production and mass where requested by the
Managers, of pollutants contained therein which are limited by
the applicable Pretreatment Standards.
The frequency of
monitoring shall be prescribed in the applicable Pretreatment
standards. All analysis shall be performed in accordance with
procedures established by the Administrator pursuant to
section 504(g) of the Act and contained in 40 CFR, Part 136,
and amendments thereto, or with any other test procedures
approved by the Approval Authority.
Sampling shall be
performed in accordance with the techniques approved by the
Approval Authority.
Where 40 CFR, Part 136, does not include a sampling or
analytical technique for the pollutant in question, sampling
and analysis shall be performed in accordance with the
procedures set forth in the EPA publication, sampling and
Analysis Procedures for Screening of Industrial Effluent or
Priority Pollutants, April, 1977, and amendments thereto, or
with any other sampling and analytical procedures approved by
the Approval Authority.
Section 2-503.
Accidental Discharges, Protection.
All permitted Users shall provide protection from accidental discharge or
spill into the sewer system of prohibited, hazardous or other waste materials
which are regulated through this Ordinance. Such protection shall be provided
and maintained at the permitted User's expense.
Detailed plans shall be
submitted to the Manager for review and approval and a schedule of Construction
issued before construction.
all permitted Users discharging prior to the
effective date of this Ordinance shall complete such protection by December 31,
1990, or on such date as is specified on their Permit. After the effective date
of this Ordinance, no User shall commence discharge to the JVOTW without approved
accidental discharge facilities or procedures.
Approval of such plans and
operating procedures shall not relieve the User of responsibility for modifying
the facility or procedures to provide the protection necessary to meet the
requirements of this Ordinance.
Section 2-504.
Accidental Discharges, Notification.
In the event of an accidental discharge, the User shall notify the Manager
by telephone immediately upon discovery of the occurrence.
The notification
shall include location of discharge, type of waste, concentration and volume, and
corrective actions. Within five (5) days following an accidental discharge, the
User shall submit to the Manager a detailed written report containing such
information and describing the cause of the discharge and measures to be taken
by the User to prevent similar future occurrences. Such notification shall not
relieve the User of any expense, loss, damage, fines, civil penalties or other
liability which may be incurred as a result of damage to the JVOTW or any other
person or property; nor shall such notification relieve the User of any fines,
civil penalties, or other liability which may be imposed by this Ordinance or
other applicable law.
Section 2-505.
(A)
Permit Duration.
General.
15
PUBLIC UTILITIES CODE
Permits shall be issued for a specified time period, not to exceed five
years (5) years. A Permit may be issued for a period less than a year or may be
stated to expire on a specific date. Terms and conditions of the Permit may be
subject to modification by the Joint Venture during the term of the Permit as
limitations or requirements as identified in Section 2-302 of this Ordinance are
modified or other just cause exists. The User shall be informed of any proposed
changes in this Permit at least thirty (30) days or more prior to the effective
date of change.
Any changes or new conditions in the Permit shall include a
reasonable time schedule for compliance.
(B)
Permit Renewal.
An application for renewal of a Permit shall be made at lease 150 days
prior to expiration of User's existing Permit.
Section 2-506.
Permit Application.
(A)
A User required to obtain an Industrial Wastewater Discharge Permit
will file with the Manager an application in the form prescribed by the Manager
and accompanied by the Permit fee designated in Chapter 11.
(B) The Manager may require a Permit application for each connection to
the JVOTW or from any User. The Permit application shall contain at least the
following requirements:
(1)
Home, address, and Location (if different from the
address);
(2)
SIC number according to the Standard Industrial Classification
Manual, Bureau of Budget, 1972, as amended;
(3)
Discharge Analysis:
A complete report of all process
wastewater and industrial wastewater produced or expected to
be produced, including but not limited to:
(a)
Wastewater discharge rates;
(b)
Representative chemical analyses shall be performed by
an
independent,
reliable,
certified
analytical
laboratory or by Users laboratory if approved by the
Manager. Analyses shall include concentrations of any
substances for which specific limits have been set under
this Ordinance, any prohibited wastes, and any hazardous
wastes listed by the State regulations, including
Arizona
regulations
89-8-1815(C)-(G))
or
other
applicable regulations; Such Analyses is required for
only those substances or wastes that are in the
wastewater being discharged to the JVOTW, provided,
however, that the Permit applicant must conduct a
careful and diligent inquiry to determine whether any of
the above-specified substances or wastes, when such
wastes are actually in the wastewater being discharged,
shall be a violation of this Ordinance;
(c)
The analysis requirement may be waived if the only
regulated discharge is included in Section 2-302 (C)(9)
(i.e., dispersed biodegradable oils, fats, and greases,
such as lard, tallow, or vegetable oil) and an approved
grease interceptor is present and functioning on the
premises. Sampling and analysis shall be performed in
accordance with procedures established by the EPA
16
INDUSTRIAL WASTE DISCHARGE
pursuant to Section 304(g) of the Act and contained in
40 CFR, Part 136, as amended.
(10)
(4)
Time and duration of contribution;
(5)
Average daily and 30-minute peak wastewater flow rates,
including daily, monthly, and seasonal variations, if any;
(6)
Site plans, floor plans, mechanical and plumbing plans and
details
to
show
all
sewers,
sewer
connections,
and
appurtenances by size, location, and elevation;
(7)
Description of activities, facilities, and plant processes on
the premises, including all materials which are or could be
discharged;
(8)
Where known, the nature and concentration of any pollutants in
the discharge which are limited by any Joint Venture, State,
or Federal pretreatment standards, and a statement regarding
whether or not the Pretreatment Standards are being met on a
consistent basis and, if not, whether additional operation and
Maintenance and/or additional pretreatment is required for the
User to meet applicable Pretreatment Standards;
(9)
If additional pretreatment and/or operation and Maintenance
will be required to meet the Pretreatment Standards, the
shortest schedule by which the User will provide such
additional pretreatment. The completion date of this schedule
shall not be later than the compliance date established for
the
applicable
Pretreatment
standard.
The
following
conditions shall apply to this schedule:
(a)
The schedule shall contain increments of progress in the
form of dates for the commencement and completion of
major events leading to the construction and operation
of additional pretreatment required for the User to meet
the applicable Pretreatment Standards (e.g., hiring an
engineer, completing preliminary plans, completing final
plans,
executing
contract
for
major
components,
commencing construction, completing construction, etc.);
(b)
No increment referred to in subparagraph (1) above shall
exceed six (6) months and the total compliance schedule
shall not exceed two (2) years in length;
(c)
Not later than fourteen (14) days following each date in
the schedule and the final date for compliance, the User
shall submit a progress report to the Manager,
including, as a minimum, whether or not it complied with
the increment of progress to be met on such date and, if
not, the date on which it expects to comply with this
increment of progress, the reason for delay, and the
steps being taken by the User to return the construction
to the schedule established.
In no event shall more
than three (3) months elapse between such progress
reports to the Manager;
Each product produced by type, amount, process or processes and rate
of production;
17
PUBLIC UTILITIES CODE
(11)
Type and amount of law materials processed (average and maximum per
day;
(12)
Number and type of employees and hours of operation of plant and
proposed or actual hours of operation of pretreatment system; and
(13)
Any other information as may be deemed by the Joint Venture to be
necessary to evaluate the Permit application.
(C) The Joint Venture will evaluate the data furnished by the User and may
require additional information.
After evaluation and acceptance of data
furnished, the Joint Venture may issue an Industrial Wastewater Discharge Permit
subject to terms and conditions provided herein.
Section 2-507.
(A)
Permit Conditions.
General.
Industrial Wastewater Discharge Permit shall be expressly subject to
all provisions of this Ordinance and all other applicable
regulations, User charges, and fees established by the Joint
Venture. Permits may contain the following:
(1)
The unit charge or schedule of User charges and fees for the
wastewater to be discharged to the JVOTW;
(2)
Limits on the average and maximum wastewater constituents and
characteristics and/or prohibition of discharge of certain
wastewater components;
(3)
Limits on average and maximum rate and time of discharge or
requirements for flow regulation and equalization;
(4)
Requirements for installation and maintenance of inspection
and sampling facilities;
(5)
Specifications for monitoring programs which may include;
sampling locations; frequency of sampling; number; types; and
standards for tests and reporting schedule;
(6)
Compliance schedules;
(7)
Requirements for submission of technical reports or discharge
reports (See Section 2-502);
(8)
Requirements for maintaining and retaining plant records
relating to wastewater discharge as specified by the Joint
Venture and affording Joint Venture, State and Federal access
thereto;
(9)
Requirements for notification of the Joint Venture of any new
introduction of wastewater constituents of any substantial
change in the volume or character of the wastewater
constituents or accidental discharge being introduced into the
wastewater treatment system (See Sections 2-503 & 504);
(10)
Requirements for notification of slug discharges; and
(11)
Other conditions as deemed appropriate by the Joint Venture to
ensure compliance with this Ordinance.
18
INDUSTRIAL WASTE DISCHARGE
(B)
User Agreement.
In consideration
understands:
(C)
of
the
granting
of
the
Permit,
the
User
agrees
and
(1)
That all references to "State" are to the Colorado River
Indian Tribes and/or the State of Arizona as stated in the
definition Section 2-201 (TT) of this Ordinance;
(2)
To furnish any additional information relating to installation
or use of the industrial sewer for which this Permit is sought
as may be requested by the Joint Venture;
(3)
To accept and abide by all provisions of the Colorado River
Sewage System Joint Venture Ordinances, and of all other
pertinent ordinances and regulations that are now or may be in
effect in the future;
(4)
To operate and maintain any waste pretreatment facilities, as
may be required as a condition of the acceptance into the
wastewater treatment system of the industrial wastes involved,
in an efficient manner at all times and at no expense to the
Joint Venture.
(5)
To cooperate at all times with the Joint Venture, State, and
EPA (U.S. and Tribal) and their representatives in their
inspecting, sampling, and study of the industrial wastes, and
any facilities provided for pretreatment and in their hazard
or emergency notices.
(6)
To notify the Joint Venture immediately in the event of any
accident or other occurrence that occasions discharge to the
wastewater treatment system of any wastewater or substances
prohibited or not covered by the Permit. (See Sections 2-503
& 504)
General Permit Requirements.
The Permit shall reflect applicable general and categorical Federal
regulations and standards. In addition, no Permit shall contain provisions when
excuse compliance with any mandatory requirements of this Ordinance. Permits for
new industrial discharges shall require that any pretreatment facilities deemed
necessary by the Manager shall be operational when the discharges occur.
The
Manager shall be the Approval Authority for any submittal.
The Manager shall
issue, deny, or not require a Permit within 120 days or receiving a complete
Permit application. However, the approval of such submittal by the Manager shall
in no way relieve the User of the responsibility for modifying a structure of
procedure as necessary to produce a discharge that meets the requirements of this
Ordinance.
(D)
Permit Denial.
The Manager shall deny a Permit or Permit modification if a User cannot
demonstrate that an Industrial Discharge will comply with the requirements of
this Ordinance.
(E)
Separation of Wastes.
All domestic wastewater from rest rooms, showers, drinking fountains, and
similar sources shall be kept separate from all industrial waste until the
19
PUBLIC UTILITIES CODE
industrial wastewater has passed through any required pretreatment facility
system or device and the industrial wastewater monitoring facility. The manager
may waive this condition and allow the combined wastewater formula to be used at
his discretion.
(F)
(G)
Control Manhole.
(1)
A condition of the Industrial Wastewater Discharge Permit, or
when required by the Manager, the owner of any property
discharging industrial wastewater to the JVOTW shall install,
at User's expense, a suitable control manhole together with
such meters and other appurtenances deemed necessary by the
Manager to adequately sample and measure the waste passing
through the control manhole.
This control manhole shall be
located so as to permit unrestricted access by representatives
of the Joint Venture, State, and EPA. The control manhole may
be used as a junction manhole for domestic sewage and
industrial waste, providing the junction occurs downstream of
the sampling and flow measuring point.
(2)
The Manager shall approve control manhole details prior to
construction.
Construction shall be completed within sixty
(60) days following written approval by the Joint Venture.
Self-Monitoring, Chemical Analyses and Inspection.
(1)
Measurements of industrial discharge flow rates, flow volumes,
chemical strengths, or other characteristics for determining
compliance with this Ordinance shall be made by the Permit
holder, at the Permit holder's expense, periodically, as
determined by the Manager. The self-monitoring requirements
for industries subject to EPA categorical regulations must be
equal to, or more stringent than, those set by Federal
Pretreatment Regulation.
Sampling shall be performed in a
manner that will assure the integrity of the samples and shall
at least comply with Federal guidelines and standards on
sampling of wastewater.
Analyses of industrial wastewater
shall be performed by an independent certified laboratory or
by the laboratory or a Permit holder if approved by the
Manager. Prior to submittal of results from chemical analyses
or other information, the results shall be signed by the
chemist or technician performing the analyses, verifying their
accuracy.
All chemical analyses shall be conducted in
accordance with the appropriate procedures contained in EPA's
Methods of Chemical Analysis of Water and Wastes or Standard
Methods (most recent edition). If no appropriate procedure is
contained therein, a procedure approved by the Manager shall
be used to measure chemical concentrations. Any laboratory or
Permit holder performing tests may be required by the Manager
to furnish information on tests methods and equipment used.
(2)
All Permit holders making periodic measurements may be
required by the Manager to furnish and install at the control
manhole, or other appropriate location, a calibrated flume,
weir, flow meter or similar device meeting his approval and
suitable to measure the industrial wastewater flow rate and
total volume.
A flow indicating, recording, and totalizing
register may be required by the Manager.
In lieu of
wastewater flow measurement, the Manager may accept records of
water usage and adjust the flow volumes by suitable factors to
20
INDUSTRIAL WASTE DISCHARGE
determine peak and average flow rates for the specific
industrial wastewater discharge.
When required by the
Manager, Permit holders shall install and maintain in proper
order, automatic flow-proportional sampling equipment and/or
automatic analysis and recording equipment.
The sampling,
analysis and flow measurement procedures, equipment and
results shall be subject at any reasonable time to inspection
by the Manager.
Measurements to verify the quantities of
waste flow and chemical composition and strengths reported by
Users shall be conducted on a random basis by personnel of the
Joint Venture.
(H)
Modification of a Permit.
(1)
General.
(a) Within nine (9) months of the promulgation of a National
categorical Pretreatment Standard, the industrial wastewater Discharge Permit of
Users subject to such standards shall be revised to require compliance with such
standard within the time frame prescribed by such standard.
Where a User,
subject to a National Categorical Pretreatment Standard, has not previously
submitted an application for an Industrial Wastewater Discharge Permit as
required by Section 2-506 of this Ordinance, the User shall apply for an
Industrial Wastewater Discharge Permit within sixty (60) days after the
promulgation of the Applicable National Categorical Pretreatment Standard. In
addition, the User with an existing Industrial Wastewater Discharge Permit shall
submit to the Manager within sixty (60) days after the promulgation of an
applicable Federal Categorical Pretreatment Standard the informa-tion required
by Paragraphs (8) and (9) of Section 2-506 of this Ordinance.
(b) The provisions and conditions of the Permit may be modified by
the manager during the term of the Permit as other limitations or requirements
are modified or for other reasonable cause. The User shall be informed of any
proposed changes in his Permit at least thirty (30) days prior to the effective
date of change.
Any changes or new conditions in the Permit shall include a
reasonable time schedule for compliance and shall not exempt the User from
meeting Ordinance standards.
Should measurements or other investigations
indicate that the industrial Permit holder is discharging wastewater, chemical
oxygen demand, suspended solids, or other wastewater constituents in a quantity
or at a flow rate significantly in excess of that stated in the Permit, the User
shall be required to apply for an amended Permit. Users who apply for an amended
Permit may be required to comply with existing Permit Provisions prior to
issuance of the amended Permit.
(2)
Change in Ownership.
(a) Industrial Wastewater Discharge Permits are issued to a specific
User for a specific operation. A Permit shall not be assigned or transferred or
sold to a new owner, new User, different premises, or a new or changed operation
without the approval of the Joint Venture. Any succeeding owner or User shall
also comply with the terms and conditions of the existing permit.
(b) Provided the business only changes ownership and operations and
location do not change, only a modification of the Permit may be needed.
(c) Any change in location will require a new Permit.
(3)
Change in Business Operations.
(a)
Any
changes
in
permitted
21
operation
that
and
or
change
the
PUBLIC UTILITIES CODE
constituents or concentrations of any industrial wastewater discharges or affect
any other provisions of this Ordinance will require a modification of a Permit.
The Manager may require a new Permit when there is a significant change to the
business operations.
(4)
Initiation of Modifications.
Permit modifications shall be initiated by the Permit holder thirty (30)
days prior to the change and must be approved by the Manager.
Section 2-508.
Records Retention.
All Permit holders shall retain and preserve for not less than three (3)
years any records, books, documents, memoranda, reports, correspondence, and any
and all summaries thereof relating to monitoring, sampling, and chemical analyses
made by or on behalf of a User in connection with its discharge. All records
which pertain to matters which are subject of administrative action or any other
enforcement or litigation activities brought by the Colorado River Sewage System
Joint Venture pursuant to this Ordinance shall be retained and preserved by the
User until all enforcement activities have concluded and all periods of
limitation for appeals have expired.
CHAPTER 6.
FORMULA
Section 2-601.
Combined Wastewater Formula.
(A)
Formula.
A combined wastewater formula may be used by industrial
Users that mix regulated process wastewater with other regulated or unregulated
wastewater prior to pretreatment. The formula was derived to allow calculation
or fixed alternative discharge limits that may be applied to combined wastewater,
provided that written permission has been obtained from the Manager.
The alternative discharge limits are derived using the following formula:
N
C
C =
T
F
i i
i=1 ______________
N
F
i
F
- F
T
D
__________
F
T
Where
C
=
the alternative discharge limit for the combined wastewater.
=
i
the discharge limit for a pollutant in the regulated waste
water i.
F =
i
the average daily flow (at least a 30-day period) of wastewater
to the extent that it is regulated for such a pollutant.
F
=
the average daily flow (at least a 30-day period) from boiler
blow-down water, non-contact cooling streams, sanitary
wastewater (where such wastewater is not regulated by this
Ordinance).
=
the average daily flow (at least a 30 day period) through the
combined treatment facility (includes F and F ).
i
D
T
C
D
F
T
22
INDUSTRIAL WASTE DISCHARGE
N
(B)
=
the total number of regulated wastewater.
Applicable Requirements.
(1)
An alternative discharge
alternative limit is below the analytical
regulated pollutants.
limit may not be used if
detection limit for any of
the
the
(2)
An industrial User is required to monitor his own wastewater
to ensure compliance with the alternative discharge limits determined by the
combined wastewater formula.
(C)
Approval Requirement.
The combined wastewater formula shall only be used with the Manager's
approval and in no case shall the alternative discharge limits exceed the
applicable Federal Categorical Pretreatment standards.
CHAPTER 7.
INSPECTION
Section 2-701.
Inspection, Sampling, and Right of Entry.
(A) A requirement for the issuance of an Industrial Wastewater Discharge
Permit as set forth in this ordinance is that the Permit holder consent to allow
entrance to User's facilities at reasonable times by JVOTW, State, and EPA
personnel and representatives for purposes of inspection, sampling, record
examinations, or performance of any duty. Any permanent or temporary obstruction
to easy access to User's facility shall promptly be removed by the facility User
or owner at the written or verbal request of the Manager and shall not be
replaced. No person shall interfere with, delay, resist, or refuse entrance to
an authorized JVOTW, State, or EPA (both U.S. and Tribal) representative
attempting to inspect any facility involved directly or indirectly with a
discharge of wastewater to the JVOTW.
(B)
Adequate identification shall be provided by the Manager for all
inspectors and other authorized personnel, and these persons shall identify
themselves when entering any property for inspection purposes or when inspecting
the work of any contractor.
(C) The Joint Venture staff shall inspect the facilities of any User to
ascertain whether the purpose of this Ordinance is being met and all requirements
are being complied with. Inspections of every facility that is involved directly
or indirectly with the discharge of wastewater to the JVOTW may be made by the
Manager as he deems necessary. These facilities shall include but not be limited
to sewers; sewage pumping plants; pollution control plants; all industrial
processes; industrial wastewater generation, conveyance, and pretreatment
facilities; devices and connection sewers; and all similar sewerage facilities.
Inspections may be made to determine that such facilities are maintained and
operated properly and are adequate to meet the provisions of this Ordinance.
(D) The Joint Venture, Approval Authority, and (where the NPDES State is
the Approval Authority) EPA (both U.S. and Tribal) shall have the right to set
up on User's property such devices as are necessary to conduct sampling
inspections, compliance monitoring and/or metering operations.
(E) Where a User has security measures in force which would require proper
identification and clearance before entry into their premises, the User shall
make necessary arrangements with their security guards so that upon presentation
of suitable identification, personnel from the Joint Venture, Approval Authority,
and EPA (both U.S. and Tribal) will be permitted to enter, without delay, for the
23
PUBLIC UTILITIES CODE
purposes of performing their specific responsibilities.
Section 2-702.
Response
Forms.
to
Survey
Questionnaires
and
Permit Application
All users shall respond to any survey questionnaire to Permit application
form within thirty (30) days unless a more specific time is specified. Failure
to respond to any survey questionnaire or Permit application form shall subject
the User to the Penalty of violating the reporting provisions of this Ordinance.
CHAPTER 8.
ADMINISTRATION
Section 2-801.
Administration.
The Manager shall administer, implement, and enforce the provisions of this
Ordinance.
CHAPTER 9.
ENFORCEMENT
Section 2-901.
(A)
Suspension or Revocation of Permit.
Suspension of Permit for Industrial Waste Discharge.
(1) The Manager shall temporarily suspend a Permit and call an
emergency Board meeting for approval when in his opinion the suspension is
necessary to stop a discharge which presents a hazard to the public health,
safety, or welfare, to the environment, to the JVOTW, or causes interference with
the JVOTW, or causes the Joint Venture to violate any condition of its NPDES,
Reclaimed Wastewater Re-use, or Groundwater Discharge Permit.
(2) A Permit holder notified of a Permit suspension shall immediately
stop discharge of all industrial wastewater to the system. In the event of a
failure of the Permit holder to comply voluntarily with the suspension order, the
Manager shall take such steps as are necessary to insure compliance, including
immediate severance of the sewer connection, to prevent or minimize damage to the
JVOTW system or endangerment to any individuals.
The Joint Venture shall
reinstate the Industrial Wastewater Discharge Permit and/or the wastewater
treatment service upon proof of the elimination of the non-complying discharge.
A detailed written statement submitted by the User describing the causes of the
harmful contribution and the measures taken to prevent any future occurrence
shall be submitted to the Joint Venture within fifteen (15) days of the date of
occurrence.
(B)
Revocation of Permit for Industrial Wastewater Discharge.
Any User who violates the following conditions of this Ordinance, or
applicable State and Federal regulations, is subject to having his Permit revoked
in accordance with the procedures of this section of the Ordinance:
(1)
Failure of a User to factually report the wastewater
constituents and characteristics of his discharge; or
(2)
Failure of a User to report significant changes in operations
of wastewater constituents the characteristics; or
(3)
Refusal of reasonable access to the User's
purpose of inspection of monitoring; or,
(4)
Violation of conditions of the Permit.
24
premises
for
INDUSTRIAL WASTE DISCHARGE
(C)
Notification of Violation.
When the Manager finds that a User has violated, or is violating, this
Ordinance, Industrial Wastewater Discharge Permit, or any prohibition,
limitation, or requirements contained herein, or has engaged or is engaging in
conduct which requires corrective action, the Manager shall serve, or cause to
be served upon such User, a written notice, either personally or by certified or
registered mail (return receipt requested), stating the nature of the alleged
violation. A notification shall include an order for corrective action and may
include an order of suspension or revocation. Additional orders or a change to
a suspension or revocation may follow the initial order at the discretion of the
Manager or as additional information becomes available.
(D)
Response to Notification.
Within ten (10) days of the date of receipt of a notice, the User shall
respond in writing to the Manager, advising of its position with respect to any
allegations and informing the Manager of any action taken. Within fifteen (15)
days of receipt of a notice, a plan for the satisfactory correction thereof shall
be submitted to the Joint venture by the User.
(E)
Resolution of Violation.
Thereafter, the parties shall meet to ascertain the veracity of the
allegations and, where necessary, establish the conditions for continued
discharge or the requirements prior to resumption of discharge.
(F)
Show Cause Hearing.
(1) The Joint Venture may order any User who causes or allows an
unauthorized discharge to enter the JVOTW to show cause before the Board of
Directors why the proposed enforcement action should not be taken.
A notice
shall be served on the User specifying the time and place of a hearing to be held
by the Board of Directors regarding the violation, the reasons why the action is
to be taken, the proposed enforcement action, and directing the User to show
cause before the Board of Directors why the proposed enforcement action should
not be taken.
The notice of the hearing shall be served personally or by
registered or certified mail (return receipt requested) at least five (5) days
before the hearing.
Service may be made on any agent or officer of a
corporation.
(2) The Board of Directors may itself conduct the hearing and take the
evidence or may designate any of its members or any officer or employee of the
Joint Venture to:
(a)
Issue in the name of the Board of Directors notices of hearings
requesting the attendance and testimony of witnesses and the
production of evidence relevant to any matter involved in such
hearings;
(b)
Take the evidence;
(c)
Transmit
a
report
of
the
evidence
and
hearing,
including
transcripts, and other evidence, together with recommendations to
the Board of Directors for action thereon.
(3)
At any hearing held pursuant to this Ordinance, testimony taken must
be under oath and recorded stenographically.
The transcript, so
recorded, will be made available to any member of the public or any
party to the hearing upon payment of the usual charges thereof.
25
PUBLIC UTILITIES CODE
(4)
After the Board of Directors has reviewed the evidence, it may issue
an order to the User responsible for the discharge directing that,
following a specified time period, the sewer service shall be
discontinued unless adequate treatment facilities, services, or
other related appurtenances are properly operated and/or installed.
Further orders and directives as are necessary and appropriate may
be issued.
(5)
Costs of all hearing shall be borne by the User.
Section 2-902.
Liability of User.
(1) Any industrial wastewater user who discharges or causes the discharge
of wastewater which cause damage to the Joint Venture facilities, detrimental
effects on treatment processes, or any other damages resulting in costs to the
Joint Venture shall be liable for all damages occasioned thereby.
(2) The approval of a plan or a wastewater pretreatment process or the
issuance of a Permit by the Manager shall not relieve the User of his
responsibility to maintain such pretreatment facility or process so that his
discharge meets all requirements pursuant to this Ordinance.
Section 2-903.
(A)
Judicial Proceedings.
Initiation of Legal Action.
If any person discharges sewage, industrial wastes, or other wastes into
the Joint Venture wastewater disposal system contrary to the provisions of this
Ordinance, Federal or State Pretreatment Requirements, or any order of the Joint
Venture, the Joint Venture Attorney may commence an action for appropriate legal
and/or equitable relief in the Tribal Court of the Colorado River Indian Tribes
or any other court of competent jurisdiction. This legal Action may include an
injunction that would prevent the User from making any further discharges into
the JVOTW.
(B)
Civil Penalties.
(1)
Penalty for Permitting, Reporting, and Permit Amendment
Violations: Any person who violates the permitting, reporting,
or Permit amendment provisions of this Ordinance shall be
civilly liable to the Joint Venture for a sum not to exceed
five hundred dollars ($500) for each day in which such
violation occurs. In the event of such violation, the Manager
shall request the Joint Venture Attorney to petition the court
of competent jurisdiction to impose, assess, and recover such
sums.
(2)
Penalty for Discharge Violations:
Any person who allows
discharge to the JVOTW of any industrial wastewater in
violation of the requirements of this Ordinance or Permits
issued under this Ordinance, shall be civilly liable to the
Joint Venture for a sum not to exceed twenty-five thousand
dollars ($25,000) for each day in which such violation occurs.
In the event of such violation, the Manager shall request the
Joint Venture attorney to petition the court of competent
jurisdiction to impose, assess, and recover such sums.
(C)
Falsifying information:
Knowingly making any false statements,
representations, or certification in any application, record, report, plan, or
other document filed or required to be maintained pursuant to this Ordinance or
26
INDUSTRIAL WASTE DISCHARGE
Industrial Wastewater Discharge Permit; or falsifying, tampering with, or
knowingly rendering inaccurate any monitoring device or method required under
this Ordinance shall constitute a Class 1 Misdemeanor in violation of A.R.S.
Section 13-707, Section 13-802(A), Section 13-804, as from time to time may be
amended and applicable, and appropriate ordinances and regulations of the
Colorado River Indian Tribes, as applicable.
(D) for any of the above specified violations, User's Industrial Wastewater
Discharge Permit shall also be subject to revocation.
Section 2-904.
Posting of a Bond.
(A)
The Manager may require posting of a bond by any User.
(B)
Bond.
As part of any Permit condition, the Manager may at any time impose,
revise, or otherwise require a bond from any User who:
(C)
(1)
Discharges or has the potential for discharging any quantity
of pollutants which, if improperly managed by the User, could
cause physical damage to the JVOTW and injury to JVOTW
personnel.
(2)
Does not have adequate pretreatment facilities, personnel,
safety procedures, or financial resources to otherwise ensure
compliance with requirements of this Ordinance.
Amount.
In determining the amount of any bond which is to be required, the Manager
shall consider the:
(1)
Reasonably foreseeable injury to JVOTW facilities or personnel
which could result from any discharge violation of the
requirements of this Ordinance;
(2)
Nature and extent of any previous violation by the User of
applicable Federal, State, or if valid, county or city,
discharge requirements;
(3)
Extent to which the User is reasonably able to satisfy the
requirement of this Section.
Section 2-905.
(A)
Levels of Action.
Enforcement of Judicial Action.
Participation in any communication concerning violations will not exempt
a violator of this Ordinance from formal enforcement or judicial action.
(B)
Written Permission Requirement.
Any permission required by a User from the Manager must be in writing.
(C)
Separate Actions.
Any judicial proceedings initiated because of a violation of any section
of this Ordinance shall not exempt a User from any judicial proceedings initiated
because of a violation of any other provision of this Ordinance.
27
PUBLIC UTILITIES CODE
CHAPTER 10. CONFIDENTIAL INFORMATION
Section 2-1001.
Information and Data.
(A) Information and data on a User obtained from reports, questionnaires,
permit applications, Permits and monitoring programs and from inspections shall
be available to the public or other governmental agency without restriction
unless the user specifically requests and is able to demonstrate to the
satisfaction of the Manager that the release of such information would divulge
information, processes, or methods of production entitled to protection as trade
secrets of the User.
(B) Information determined by the Manager to be protected as trade secrets
shall not be made available for inspection by the public but shall be made
available upon written request to governmental agencies for uses related to this
Ordinance, the National Pollutant Discharge Elimination System (NPDES) Permit,
State Disposal System permits and/or Pretreatment Programs; provided, however,
that such information shall be available for use by the State or any State agency
in judicial review or enforcement proceedings involving the person furnishing the
information. Wastewater constituents and characteristics will not be recognized
as confidential information.
(C) Information accepted by the Joint Venture as confidential shall not
be transmitted to any governmental agency or to the general public by the Joint
Venture until and unless a ten (10) day notification is given to the User.
CHAPTER 11. FEES
Section 2-1101.
Purpose.
It is the purpose of this Article to provide for the recovery of costs from
Users of the Joint Venture's wastewater disposal system for implementation of the
program established herein. The applicable charges or fees shall be set forth
in the Joint Venture's Schedule of Charges and Fees.
Section 2-1102.
Charges and Fees.
The Joint Venture may adopt and revise charges and fees with the approval
of its venturers, the Tribal Council and the Parker Town Council, which may
include:
(A)
Fees for reimbursement of costs of setting up and operating the
Joint Venture's Pretreatment Program;
(B)
Fees for monitoring inspections and surveillance procedures;
(C)
Fees for reviewing accidental discharge procedures and construction;
(D)
Fees for Permit applications;
(E)
Fees for filing appeals;
(F)
Fees for consistent removal (by the Joint Venture) of pollutants
otherwise subject to Federal Pretreatment Standards;
(G)
Other fees as the Joint Venture may deem necessary to carry out the
requirements contained herein.
(H)
These fees relate solely to the matters covered by this Ordinance
and are separate from all other fees chargeable to the Joint
28
INDUSTRIAL WASTE DISCHARGE
Venture.
Section 2-1103.
Renewal.
A renewal Permit fee shall be paid to the Colorado River Sewage System
Joint Venture prior to Permit re-issuance.
Section 2-1104.
Denial.
The Permit fee paid at the time of Permit application shall be retained by
the Colorado River Sewage System Joint Venture when a Permit is denied.
The
applicant shall forfeit the fee unless an acceptable proposal is submitted within
120 days of the date of denial.
Section 2-1105.
Modification.
A Permit modification may be applied for and granted with no fee required.
Section 2-1106.
Permit Not Required.
The Permit fee shall be refunded when a determination is made that the
original submittal does not require a Permit.
CHAPTER 12. NOTICE PROCEDURE
Section 2-1201.
Notice.
Any notice required to be given by the Manager under this Ordinance shall
be in writing and served in person or by first class registered or certified mail
(return receipt requested).
The notice shall be served upon an authorized
representative at the last address known to the Manager or the occupants or
owners of record of property upon which the alleged violations occurred.
CHAPTER 13. FILING OF RULES AND REGULATIONS
Section 2-1301.
Filing of Rules and Regulations.
All rules and regulations, guidelines, and charges adopted in conjunction
with administration of this Ordinance shall be in writing, and a copy shall be
filed in the Office of the Colorado River Sewage System Joint Venture.
CHAPTER 14. RIGHTS OF REVISION
Section 2-1401.
Right of Revision.
The Joint Venture is delegated the right to amend this Ordinance where
deemed necessary, subject to the approval of the Tribal Council in its sovereign
capacity, and the Tribal Council and the Town Council as joint venturers in the
Joint Venture Sewage System.
At least forty-five (45) days before any formal
consideration of an amendment to this Ordinance, the Manager shall notify in
writing any person who has filed a request for notification with the Manager.
The Board of Directors shall provide notification by publication in a newspaper
of general circulation in the Colorado River Sewage System Joint Venture area.
The notice shall contain a brief description of the nature of the amendment to
be considered and the time and place when formal action will be taken.
CHAPTER 15. SEVERABILITY AND CONFLICT
Section 2-1501.
Severability.
29
PUBLIC UTILITIES CODE
If any provision, paragraph, word, section, or Article of this Ordinance
is invalidated by any court of competent jurisdiction, the remaining provisions,
paragraphs, words, sections, and chapters shall not be affected and shall
continue in full force and effect.
Section 2-1502.
Conflict.
All other Colorado River Sewage System Joint Venture Ordinances and parts
of other ordinances inconsistent or conflicting with any part of this Ordinance
are hereby repealed to the extent of such inconsistency or conflict.
CHAPTER 16. EFFECTIVE DATE
Section 2-1601.
Effective Date.
This Ordinance shall be in full force and effect
passage, approval, and publication, as provided by law.
°°°
30
from
and
after
its
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.