HomeMy WebLinkAboutOrdinance 2015.004 Amending Town Code Title 14w
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F. ANN RQDRIGUEZ, RECORDER
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TOWN OF MARANA
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MARANA ORDINANCE NO, 2015.004
RELATING TO UTILITIES; AMENDING TOWN.. CODE TITLE 14 (UTILITIES) BY
ADDING CHAPTER 14 -10 (INDUSTRIAL WASTEWATER ORDINANCE)
WHEREAS the Town Council is authorized by A.R.S. § 9-240, among other things, to
construct and maintain sewers ant prevent and punish for any obstruction of or to sewers; to
adopt regulations to prevent and suppress the introduction or spread of contagious or infectious
diseases; and to define, abate, and remove nuisances, and punish those who commit nuisances;
and
WHEREAS the Town Council finds that regulating industrial waste received by the
town's wastewater utility in the manner set forth in this industrial wastewater ordinance is
consistent with best management practices and is generally consistent the practices and
regulations adopted by Pima County for its wastewater facilities; and
WHEREAS the Town Council finds that revising Title 14 (Utilities) of the Marana Town
Code to add Chapter 14 -10 (Industrial wastewater ordinance) is in the best interests of the Town
and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL_. OF THE
TOWN OF MARANA, as follows:
SECTION 1. The amendments to Marana Town Title 14 (Utilities) adding Town Code
Chapter 14 -10 (Industrial wastewater ordinance), three copies of which are on file in the office of
the Town Clerk of the Town of Marana, Arizona, which were made a public record by and
attached as Exhibit A to Resolution No. 2015 -013 of the Town of Marana, Arizona, are hereby
referred to, adopted and made a part of this ordinance as if fully set out here.
SECTION 2. The following penalty clauses are included in Chapter 14 -10 as adopted
pursuant to this ordinance:
14 -10 -24 Judicial proceedings
A. Initiation of legal action. whenever the director finds that a user has violated
any provision of this chapter, the director may request the town's legal
department to take appropriate legal action. The town's legal department is
authorized to take legal action to enforce this chapter. This legal action may
include, among other things, one or more of the following:
1. Prohibitive injunctions.
2. Mandatory injunctions for corrective action and cleanup.
Ordinance No. 2015.004
12/2912014 2:33 PM FJC
3. Civil penalties in accordance with this chapter and A.R.S § 49 -391.
4. Criminal penalties pursuant to paragraph 14 -10 -24 E below.
5. Recovery of civil damages, penalties, and costs to the [publicly owned
treatment works (POTW)];
6. Recovery of expenses experienced by the POTw in responding to or
repairing damages for which the user is liable under section 14 -10 -23
above.
B. Civil and criminal penalties for violation.
1. Except as set forth in subparagraph 14 -10 -24 B. 2 below, civil penalties for
violation of any article of this chapter, any part of a permit written and
issued in compliance with this chapter, or any requirement of a notification
of violation issued in compliance with this chapter, shall not exceed
$25,000 for each violation. For continuing violations, each day constitutes a
separate offense.
2. Civil penalties for non - submittal of reports, noncompliance with the
reporting or application requirements required in this chapter or permit, or
failure to complete an increment of progress of a compliance schedule, shall
not exceed $1,000 for each day the requirements are not satisfied.
3. Any person who attempts to deceive a government agency by submitting
documents to the agency or by making statements to a representative of the
agency which the person knows to be false, or by destroying or concealing
or refusing to deliver papers or records required by the agency to be kept for
its information, is subject to prosecution for tampering with a public record,
or fraudulent schemes and practices. Tampering with a public record is a
class 6 felony (A.R.S. § 13- 2407), and carries a maximum penalty of 1.5
years imprisonment and/or a $150,000.00 fine. Fraudulent schemes and
practices is a class 5 felony (A.R.S. § 13- 2311), and carries a maximum
penalty of 2.0 years imprisonment and/or a $150,000.00 fine.
SECTION 3. The various town officers and employees are authorized and directed to
perform all acts necessary or desirable to give effect to this ordinance.
SECTION 4. All ordinances, resolutions, or motions and parts of ordinances, resolutions,
or motions of the Council in conflict with the provisions of this ordinance are hereby repealed,
effective as of the effective date of this ordinance.
SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, the decision shall not affect the validity of the remaining portions of this
ordinance.
SECTION 6. This ordinance shall become effective on February 20, 2015.
Ordinance No. 2015.004 -2- 12/29/2014 2:33 I'M FJC
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, this 20"' da of Januar 2015.
Ma Ed Honea
ATTEST:
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Jocely0l. Bronson, Town Clerk
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APPROVED AS TO FORM:
Ordinance No. 2015.004 -3 - 12/29/2014 2:33 PM FJC
MARANA RESOLUTION NO, 2015-013
RELATING TO UTILITIES; DECLARING AS A PUBLIC RECORD FILED WITH THE
TOWN CLERK THE AMENDMENTS ADOPTED BY ORDINANCE N0. 2015.004,
AMENDING TOWN CODE TITLE 14 (UTILITIES) BY ADDING CHAPTER 14 -10
INDUSTRIAL WASTEWATER ORDINANCE)
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, that the amendments to Marana Town Code Title 14 (Utilities), a copy
of which is attached to and incorporated in this resolution as Exhibit A and three copies of which
are on file in the office of the Town Clerk, are hereby declared to be a public record and ordered
to remain on file with the Town Clerk.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 20"' day of January, 2015.
Mayor Ed FIonea
ATTEST:
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00034743. DOCX 12 )
ReSOILItion No. 2015 -013
T
MA. W W6t Ki' Town
11812015 6:13 PM F.1C
1 --
Mayor Ed FIonea
ATTEST:
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00034743. DOCX 12 )
ReSOILItion No. 2015 -013
T
MA. W W6t Ki' Town
11812015 6:13 PM F.1C
EXHIBIT A TO MARANA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordinance)
SECTION 1. Marana Town Code Title 14 (Utilities) is hereby revised by adding new
Chapter 14 -10 (Industrial wastewater ordinance) as follows:
CHAPTER 14 -10. INDUSTRIAL WASTEWATER ORDINANCE
14 -10 -1 Purpose and authority
A. The purpose of this chapter is to manage the acceptance of industrial
wastewater into the sewerage system to provide for the protection of the
town's sanitary system and the process being utilized; groundwater re-
sources; effluent; surface water resources; wastewater sludge disposal meth-
ods; and operating personnel through adequate regulation of industrial
wastewater discharges including septage.
B. This regulation is accomplished in compliance with a publicly owned treat-
ment works (POTW) pretreatment program mandated by the Arizona pollu-
tant discharge elimination system (AZPDES) permits issued by the Arizona
department of environmental quality (ADEQ) to the town in conformity with
Arizona administrative code (AAC) R18- 9- A905(A)(3)(d) adopting by refer-
ence 40 CFR § 122.44.j, A.R.S. § 49 -391 and the federal clean water act (CWA),
federal water pollution control act amendments of 1972 (P.L. 92 -500; 86 Stat.
816; 33 U.S.C. §§ 1251 through 1376); and AAC R18- 9- A905(7) and R18 -9-
A906.
C. It applies to all users discharging non - domestic wastewater to the POTW.
14 -10 -2 Title of ordinance
The ordinance codified in this chapter shall be known as the "industrial
wastewater ordinance."
7410 -3 Administration
The utilities director shall administer, implement and enforce the provisions of
the industrial wastewater ordinance.
14-10-4 Incorporation by reference
The industrial wastewater ordinance codified in this chapter incorporates the
federal categorical pretreatment standards codified at 40 CFR § 403.6 and § 405
through 471 adopted by reference in AAC R18- 9- A905(A)(8)(b) and R18 -9-
A905(A)(9).
14 -10 -5 Definitions
A. The following terms as used in this chapter have the following meanings:
1. Act or "the act": The federal water pollution control act, also known as
the clean water act, as amended, 33 U.S.C. § 1251 et sect.
00034743. DOCX / 2 )
Resolution No. 2015-013 ]Exhibit A 1/8/2015 6:13 PM FJC
1 -
EXHIBIT A TO MARANA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordinance)
2. Authorized representative: A person is a duly authorized representative
only if
a. The authorization is made in writing by a person described in sub-
paragraph 14-10 -13 A. 5 below, and
b. The authorization specifies either a named *individual or any individ-
ual occupying a named position having responsibility for the overall
operation of the regulated facility or activity such as plant manager,
operator of a well, a well field superintendent, or a position of equiva-
lent responsibility for environmental matters for the user.
3. Best management practices (BMPs) Include:
a. Schedules of activities, prohibitions of practices, maintenance proce-
dures, and other management practices to implement the prohibitions
listed in sections 14-10-6 and 14- -10-7 below, and
b. Treatment requirements, operating procedures, and practices to con-
trol plant site runoff, spillage or leaks, sludge or waste disposal, or
drainage from raw materials storage; and
c. For food service facilities, those BMPs outlined in the grease man-
agement program (section 14 -10 -30 below).
4. Biosolids: Sewage sludge, also known as biosolids, is the solid material
separated during treatment at a domestic or municipal wastewater treat-
ment plant and treated to stabilize and reduce pathogens.
5. Blowdown: The minimum discharge of recirculating water for the pur-
pose of discharging materials contained in the water, the further buildup
of which would cause concentration in amounts exceeding established
limits.
6. Bypass: The intentional diversion of a wastestream from any portion of a
treatment facility.
7. Categorical pretreatment standard or categorical standard: Any regula-
tions defining pollutants or setting pollutant discharge limits promulgat-
ed by the EPA in accordance with sections 307(b) and (c) of the clean wa-
ter act (33 U.S.C. § 1317), that apply to specific categories of users (40 CFR
403.6 and 405 - 471) adopted by reference u1 AAC R18- 9- A905(A)(8)(b)
and R18- 9- A905(A)(9). This term includes prohibitive discharge standards
under 40 CFR § 403.5, including local limits 40 CFR § 403.5(d).
8. Compliance schedule: Increments of progress, in the form of dates, for the
commencement or completion of major events leading to the construction
and operation of pretreatment facilities.
9. Composite sample: A combination of no fewer than four individual sam-
ples obtained at equal time intervals for 24 hours or for the duration of
44434743.DOCX l2}
Resolution No. 2415 -413 Exhibit A 1 1$124 15 6:13 PM FJC
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EXHIBIT A TO MARANA RESOLUTION NU. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordinance)
the discharge, whichever is shorter. In the case of a batch discharge with
flow duration of less than 15 minutes, a single grab sample will meet the
intent of a composite sample.
10. Days: Any specific reference to a number of days shall be calendar days
unless otherwise specified.
11. Department: The Marana utilities department.
12. Director: The director of the Marana utilities department or the director's
designated representative.
13. Discharge: The intentional or unintentional release of a substance into the
POTw.
14. Discharge limit: A limit on the amount or concentration of a regulated
waste that is discharged to the POTw.
15. Domestic user: Any person who discharges only domestic wastewater.
16. Domestic wastewater: Any water -borne wastes, derived from the ordi-
nary living processes in a residential dwelling unit, of such character as to
permit satisfactory disposal without special treatment by conventional
POTW processes.
17. Existing source: A source that is not a new source or a new indirect dis-
charger.
18. Fats, oils and grease (FOG): A polar material either liquid or solid com-
posed primarily of fat, oil and grease from animal or vegetable origin.
The terms oils and grease, and oil and grease substances shall be included
in this definition.
19. Food service facility: Any facility that prepares or packages food or bev-
erages for sale or consumption on or off-site, with the exception of private
residences. The term includes, but is not limited to: restaurants, bakeries,
grocery stores, cafeterias, food courts, food manufacturers, food packag-
ers, bars, lounges, hotels, movie theaters, sororities, fraternities, social
clubs, private clubs, and schools.
20. Grab sample (discrete): An individual sample collected over a period of
time not to exceed 15 minutes.
21. Gravity grease interceptor (GGI)--, A device that is installed in a sanitary
drainage system to intercept nonpetroleum fats, oils, and grease from a
wastewater discharge and is identified by volume, a minimum 30- minute
retention time, baffles, a minimum of two compartments, a min imum to-
tal volume of 300 gallons, and gravity separation.
22. Hazardous substance: Any substance meeting the definition of "'hazard-
ous substance" found in the comprehensive environmental response,
f 00034743.DOCx 12)
Resolution No. 2015 -013 Exhibit A 1/8/2015 6:13 PM FJC
3-
EXHIBIT A TO MARANA RESOLUTION NO. 2015-013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 20 15.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordinance)
compensation, and Liability act (CERCLA) § 101(14) (42 U.S.C. § 9601(14))
including but not limited to, those substances listed at 40 CFR § 300.5.
23. Hazardous waste: As defined in 40 CFR § 261.3.
24. Hydromechanical grease interceptor (HCI): A device installed in a sani-
tary drainage system to intercept nonpetroleum fats, oils, and grease from
a wastewater discharge and is identified by flow rate, separation and re-
tention efficiency. The design incorporates air entrainment, hydrome-
chanical separation, interior baffling, and/or barriers in combination or
separately, and one of the following: external flow control with air intake
vent) directly connected; external flow control without air intake (vent)
directly connected; without external flow control directly connected; and
without external flow control indirectly connected.
25. Indirect discharge: The introduction of pollutants into the POTWby any
non - domestic source.
26. Industrial user: A source of indirect discharge, the introduction of pollu-
tants into the POTW by any non - domestic source.
27. Industrial wastewater: Wastewater generated in a commercial or indus-
trial process.
28. Industrial wastewater discharge permit: An individual control mecha-
nism, authorization letter, or contract issued by the director, which allows
a discharge into the POTW of 'industrial. wastewater.
29. Interference: A discharge which, alone or in conjunction with a discharge
or discharges from other sources, both:
a. Inhibits or disrupts the POTW, its treatment processes or operations,
or its sludge processes, use or disposal.; and
b. Therefore is a cause of a violation of any requirement of the POTW's
AZPDES permit, including an increase in the magnitude or duration
of a violation or of the prevention of sewage sludge use or disposal in
compliance with the following statutory provisions and regulations or
permits issued hereunder (or more stringent state or local regula-
tions): § 405 of the clean water act, the solid waste disposal act, clean
air act, toxic substances control act, and the marine protection, re-
search and sanctuaries act.
30. Liquid waste hauler: Any person carrying on or engaging in the vehicular
transport of wastewater or wastes as part of, or incidental to, any busi-
ness for the purpose of discharging such waste into the POTW.
31. New source:
a. Any building, structure, facility, or installation from which there is (or
may be) a Discharge of pollutants, the construction of which com-
00034743. DoC:X 12 )
Resolution No. 2015 -013 Exhibit A 1/8/2015 6:13 PM FJC
4-
EXHIBIT A TO MARA.NA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordinance)
m.enced after the publication of proposed pretreatment standards un-
der 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 pol-
lutants at an existing source; or
iii. The production or wastewater generating processes of the build-
ing, structure, facility, or installation are substantially isldepend-
ent of an existing source at the same site. In determining whether
these sources are substantially independent, factors such as the ex-
tent to which the new facility is integrated with the existing facili-
ty, and the extent to which the new facility is engaged in the same
general type of activity as the existing source, should be consid-
ered.
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 subparagraph 14-10-5 A. 31. a. ii or iii above but otherwise
alters, replaces, or adds to existing process or production equipment.
c. Construction of a new source as defined under this paragraph has
commenced if the owner or operator has done either of the following:
i. Begun, or caused to begin., as part of a continuous onsite construc-
tion program
a) any placement, assembly, or installation of facilities or equip-
ment; or
b) significant site preparation work including clearing, excava-
tion, 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 intended to be used within a reasonable
time. Options to purchase or contracts which can be terminated or
modified without substantial loss, and contracts for feasibility,
engineering, and design studies do not constitute a contractual ob-
ligation under this paragraph.
00034743. DOCx 12 )
Resolution No. 2015 -013 Exhibit A. 1/8/2015 6:13 PM FJC
5-
EXHIBIT A TO MARANA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordinance)
32. Oil and sand interceptor: A tank designed to intercept and collect sand,
grit, petroleum, oil, and grease, and prevent their entry into the sanitary
sewer system.
33. Operator: A person who operates a business and therefore controls the
operation and indirect discharge.
34. Owner: The property or business owner.
35. Pass through: A discharge that exits the POTW into waters of the United
States in quantities or concentrations that, alone or in conjunction with a
discharge or discharges from other sources, is a cause of a violation of any
requirement of the POTW's AZPDES permit, including an increase in the
magnitude or duration of a violation.
36. Person: An individual, firm, company, association, partnership, corpora-
tion, joint stock company, trust, estate, municipality, state or federal
agency, or an agent or employee of any of the foregoing.
37. Petroleum, oil and grease (POG)-. A nonpolar material either liquid or sol-
id and is composed primarily of petroleum or mineral origin.
38. Pollutant: Something that causes pollution, including but not limited to:
dredged spoil, solid waste, incinerator residue, filter backwash, sewage,
garbage, sewage sludge, munitions, medical wastes, chemical wastes, bio-
logical materials, radioactive materials, heat, wrecked or discarded
equipment, rock, sand, cellar dirt and industrial, municipal and agricul-
tural waste, pesticides, and certain characteristics of wastewater (pH,
temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor) dis-
charged into the POTW.
39. Pollution: The elan -made or man - induced alteration of the chemical,
physical, biological or radiological integrity of water.
40. Pretreatment: The reduction of the amount of industrial wastewater, the
elimination of industrial wastewater, or the alteration of the nature of in-
dustrial wastewater properties in wastewater prior to or in lieu of dis-
charging or otherwise introducing such waste into a POTW. The reduc-
tion or alteration may be obtained by physical, chemical or biological
processes, process changes or by other means, except by dilution as a
substitute for Pretreatment.
41. Pretreatment standards: Prohibited discharge standards, categorical pre--
treatment standards, and local limits.
42. Publicly owned treatment works (POTW ): All of the wastewater collec-
tion, treatment, and disposal systems that are owned, operated or con-
tracted in part or in whole by the town of Marana, Arizona.
00034743. DOCx 12 )
Resolution No. 2015-013 Exhibit A 1/8/2015 6:13 PM FJC
6-
EXHIBIT A TO MARANA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordinance)
43. Representative sample: A sample portion of material or wastestream that
is as nearly identical in content and consistency as possible to that in the
material or industrial wastewater being sampled.
44. Satellite collection system.: Any upstream collection system under the
ownership and operational control of a separate jurisdictional govern-
ment agency or native American nation.
45. Septage: An anaerobic wastewater originating from a residential, com-
mercial, or industrial facility that is not a hazardous waste and is compat-
ible with the biological wastewater treatment plant process.
46. Septage discharge permit: An individual control mechanism, authoriza-
tion letter, or contract issued by the director, which allows a discharge in-
to the PoTw of septage.
47. Significant industrial user:
a. Except as provided for in subparagraphs b and c of this definition, an
industrial user that:
i. Is subject to categorical pretreatment standards,
ii. Discharges an average of 25,000 gallons per day or more of pro-
cess wastewaters (excluding sanitary, non - contact cooling and
boiler blowdown wastewater);
iii. Contributes a process wastestream which makes up 5 % or more of
the average dry weather hydraulic or organic capacity of the
PoTw; or,
iv. Has a potential for adversely affecting the POTw's operation or
for violating any pretreatment standard or requirement (in ac-
cordance with 40 CFR § 403.8(f)(6).
b. The director may determine that an industrial user subject to categori-
cal pretreatment standards under § 403.6 and 40 CFR Chapter I, sub-
chapter N is a non - significant categorical industrial user rather than a
significant industrial user on a finding that the industrial user never
discharges more than 100 gallons per day (gpd) of total categorical
wastewater (excluding sanitary, non - contact cooling and boiler blow-
down wastewater unless specifically included in the pretreatment
standard) and the following conditions are met:
i. The industrial user, prior to the director's finding, has consistently
complied with all applicable pretreatment standards and re-
quirements;
ii. The industrial user annually submits the certification statement
required in 40 CFR § 403.12(q) together with any additional in-
formation necessary to support the certification statement; and,
00034743. DOCX 12 )
Resolution No. 2015 -013 Exhibit A 1/8/2015 6:13 PM FJC
7-
EXHIBIT A To MARANA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14- 10 (Industrial wastewater ordinance)
iii. The industrial user never discharges any untreated concentrated
wastewater.
c. Upon finding that a user meeting the criteria in subparagraph a ii of
this definition has no reasonable potential for adversely affecting the
POTw's operation or for violating any pretreatment standard or re-
quirement, the director may at any time, on the director's oven initia-
tive or in response to a petition received from an industrial user, and
in accordance with the procedures in 40 CFR § 403.8 (f) (6), determine
that such user should not be considered a significant industrial user.
48. Significant noncompliance: An industrial user is in significant noncom-
pliance if its violation meets one or more of the following criteria:
a. Chronic violations of wastewater discharge limits, defined here as
those in. which 66 % or more of all the measurements taken for the
same pollutant parameter during a six - -month period exceed (by any
magnitude) a numeric pretreatment standard or requirement includ-
ing instantaneous limits, as defined in 40 CFR § 403.3(1).
b. Technical review criteria (TRC) violations, defined here as those in
which 33% or more of all of the measurements for the same pollutant
parameter during a six -month period equal or exceed the product of
the numeric pretreatment standard or requirement including instan-
taneous limits as defined in 40 CFR § 403.3(l) multiplied by the appli-
cable TRC (TRC = 1.4 for BOD, TSS, and FOG, and 1.2 for all other
pollutants except pH).
c. Any other violation of a pretreatment standard or requirement as de-
fined by 40 CFR § 403.3(1) (daily maximum, longer -term average, in-
stantaneous limit, or narrative standard) that the director determines
has caused, alone or in combination with other discharges, interfer-
ence or pass- through ('including endangering the health of POTw
personnel or the general public).
d. Any discharge of a pollutant that has caused imminent endangerment
to human health, welfare or the environment or has resulted in the di-
rector's exercise of emergency authority under section 14- 10-21 below
to halt or prevent such a discharge.
e. Failure to meet, within 90 days after the schedule date, a compliance
schedule milestone contained in a local control mechanism or en-
forcement order for starting construction, completing construction, or
attaining final compliance.
f. Failure to provide, within 45 days after due date, required reports
such as baseline monitoring reports, 90 -day compliance reports, peri-
odic self - monitoring reports, and reports on compliance with compli-
ance schedules.
00034743. DOCX l 21
Resolution No. 2015-013 Exhibit A 1/8/2415 6:13 PM FJC
8-
EXHIBIT A TO MARANA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordinance)
g. Failure to accurately report noncompliance.
h. Any other violation or group of violations, which may include a viola-
tion of best management practices, which the director determines will
adversely affect the operation or implementation of the local pre-
treatment program.
49. Slug load: Any industrial wastewater discharged at a volume or concen-
tration that will cause interference or upset of the POTW; any sample, the
concentration of which exceeds five times the allowable discharge limita-
tion; or any discharge of a non routine, episodic nature, including, but
not limited to, an accidental spill or a non - customary batch discharge.
50. Solid waste: any garbage, or refuse, sludge from a wastewater treatment
plant, water supply treatment plant, or air pollution control facility and
other discarded material, including solid, liquid, semi- solid, or contained
gaseous material resulting from industrial, commercial, mining, and agri-
cultural operations, and from community activities, but does not include
solid or dissolved materials in domestic sewage, or solid or dissolved ma-
terials in irrigation return flows or industrial discharges that are point
sources subject to permit under 33 U.S.C. § 1342, or source, special nucle-
ar, or by- product material as defined by the atomic energy act of 1954, as
amended (6S Stat. 923).
51. Source: Any building, structure, facility, or installation from which there
is or may be a discharge of pollutants.
52. Spill protection facilities: A physical barrier that provides protection from
accidental discharge or spill into the POTW of prohibited, hazardous, or
other industrial Wastewaters that are regulated through this ordinance.
53. Toxic pollutant: Any pollutant listed as toxic under § 307(a)(1) of the
CWA of 1977, 40 CFR 122.2 definitions, or, in the case of "sludge use or
disposal practice," any pollutant identified in regulations implementing §
405(b) of the CWA.
54. Upset: An exceptional incident in which there is unintentional and tem-
porary noncompliance with discharge limits because of factors beyond
the reasonable control of the user. An upset does not include noncompli-
ance to the extent caused by operational error, improperly designed
treatment facilities, inadequate treatment facilities, and lack of preventive
maintenance or careless or improper operation.
55. User: An industrial user or a significant industrial user.
56. wastewater: The liquid and water -- carried industrial or domestic waste
from dwellings, commercial establishment, industrial facilities, and insti
tutions, together with any groundwater, surface water, and storm. water
00034743. DOCx 12 )
Resolution No. 2015 -013 Exhibit .A 1/8/2015 6:13 PM FJC
9-
EXHIBIT A TO MARANA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code "title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordinance)
that may be present, whether treated or untreated, which is contributed
into or permitted to enter the POTW.
57. Wastewater sludge: The solids or semisolids, residues, and precipitate
separated from or created in wastewater.
14 --10 -6 Regulated wastes —general prohibitions
A. No person shall discharge or cause to be discharged to any sewer that direct-
ly or indirectly connects to the POTW, any waste which:
1. may have an adverse or harmful effect on the POTW, POTW personnel or
equipment, POTW effluent quality, or public or private property;
2. may otherwise endanger the public, the environment or create a public
nuisance;
3. exceeds limitations as set by this chapter or the director,
4. causes the POTW to violate state or federal regulations or permits.
B. 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. Prohibited wastes described in this chapter shall not be discharged to the
POTW. Included within the prohibition is the discharge of any wastes that
adversely affect water reclamation, water reuse, sludge disposal, or air quali-
ty.
D. The director, in determining the acceptability of specific wastes, shall consid-
er the nature of the waste and the adequacy and nature of the collection,
treatment and disposal system available to accept the waste.
E. The director may establish discharge limitations for industrial users that have
a reasonable potential to degrade wastewater quality to the level that it pre-
vents or inhibits the POTW's efforts to reclaim the water, for sludge disposal,
or causes any unusual operation or maintenance problems in the POTW.
F. The director may grant a variance from this chapter for any technological
standard as outlined in section 14 -10 -9 below.
G. The current water quality standards for phenolics, codified at AAC R18 -11-
101 through 304, are suspended, pending further administrative rule making
proceedings by the director of ADEQ, and shall not be enforced against any
user pursuant to A. R.S. title 49. Until such further administrative rule making
proceedings are concluded, no person shall discharge phenol compounds to
surface waters at levels or in combinations sufficient to be toxic to humans or
local animal, plant or aquatic life. Phenol. (total) is an indicator and, in and of
itself, is not a violation unless there is a corresponding violation of the ap-
f 00034743. DOCX 12 )
Resolution No. 2015013 Exhibit A 1/8/2015 6:13 PM FJC
lo-
EXHIBIT A TO MARANA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ord inance)
pendix A numeric water quality standards for surface waters table 1, water
quality criteria by designated use, found in AAC R18 -11.
14 -10 -7 Prohibited wastes
Except as provided elsewhere in this Article, prohibited wastes shall include:
A. Industrial wastewater that may be adverse or harmful to the POTW, the sew-
erage conveyance system., POTW personnel, POTW equipment, or POTW ef-
fluent quality, including, but not limited to:
1. Any gasoline, benzene, naphtha, solvent, fuel oil or any other liquids, sol-
ids, or gases which may create or tend to create a fire or explosion hazard
in the POTW, or may be injurious in any other way to the POTW, includ-
ing, but not limited to, wastestreams with a closed cup flash point of less
than 140° F using the test method specified in 40 CFR § 261.21;
2. 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
POTW operations. These objectionable substances include, but are not
limited to, asphalt, dead animals, ashes, sand, mud, straw, industrial pro-
cess shavings, metal, glass, rags, feathers, grass clippings, tar, plastic res-
ins, wood, blood, manure, grease, bones, hair, fleshings, entrails, paper
cups, paper dishes, milk cartons or other similar paper products, either
whole or ground;
3. Any amounts of petroleum oil, non - biodegradable cutting oil, or products
of mineral oil origin in amounts that would cause or tend to cause inter-
ference or pass through;
4. Any biodegradable fats, oils, or greases, such as lard, tallow or vegetable
oil, in concentrations that may cause adverse effects on the POTW;
5. Any wastes containing a concentration in excess of the discharge limita-
tions specified in section 14 -10- -8 below or in any permit;
6. Any waste in such concentration or volume that is toxic to humans, ani-
mals, and the local environment or to biological Wastewater treatment
processes or which causes interference, upset, or pass- through at the
POTW;
7. Any waste having a pH lower than 5.0 or greater than 11 standard units;
or which causes incrustations, scale, or precipitates on sewer walls; or
having any corrosive or detrimental characteristics that may cause injury
to the POTW or service and maintenance personnel;
8. Any waste having a temperature of 140° F or higher at the discharge
point, or which causes the POTW influent to exceed 104° F;
t00034743.DOCx 12)
Resolution No. 2015 -013 Exhibit A. 1/8/2015 6:13 PM FCC
EXHIBIT A TO MARANA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordinance)
9. Any waste containing substances that may precipitate, solidify, gel, pol-
ymerize, or become viscous under conditions normally found in the sew-
erage system, causing reduced capacity;
10. Any waste producing discoloration of treatment plant effluent, which
may violate water quality standards;
11. Any solid waste, other than that normally found in domestic wastewater,
that is not ground sufficiently to pass through a 3/ 8 -inch mesh screen;
12. Any waste containing detergents, surface active agents, or other sub-
stances, which may cause excessive foaming in the sewerage system.;
13. Any sludge from a water or wastewater treatment plant not owned or
operated by the town. The director may issue an industrial wastewater
discharge permit for a user to discharge this substance upon a finding
that the discharge will not adversely affect the operation of the POTW
and that the pollutant concentrations do not exceed those in the sludge
produced by the POTW. No such permit shall be issued that would vio-
late any other federal, state or local rule, regulation or standards;
14. Any hazardous wastes discharged to any portion of the POTW by truck,
rail or dedicated pipeline;
15. Any trucked or hauled pollutants except at discharge points designated
within the POTW by the director, or septage receiving facility;
16. Any slug load; or,
17. Pollutants, including oxygen - demanding pollutants (BOD, etc.) released
in a discharge at a flow rate and/or pollutant concentration which, either
alone or in combination with other pollutants, may cause interference
with the POTW.
B. Industrial wastewater which may be dangerous to the public, the environ-
ment, or which creates a public nuisance, including, but not limited to:
1. Radioactive materials;
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, or the local environment; interfere
detrimentally with wastewater treatment processes; cause a public nui-
sance; or cause any condition requiring emergency response in the
POTW;
3. Any pollutants which can result in the formation or presence of toxic gas-
es, vapors, or fumes within the POTW that may cause or tend to cause
worker health and safety problems;
4. Any strongly odorous waste or waste tending to create odors;
00034743. DOCX 12 )
Resolution No. 2015 -013 Exhibit A 1/8/2015 6:13 FJC
12-
EXHIBIT A TO MAR.ANA RESOLUTION NO. 2015
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordinance)
5. Any industrial wastewater in such concentration or volume that may
cause failure in effluent toxicity testing; or,
6. Any recognizable portions of the human anatomy.
C. Industrial wastewater that may cause dilution or POTW hydraulic loading
problems, including, but not limited to:
1. Any water added for the purpose of diluting wastes which would other-
wise exceed maximum concentration limits;
2. Any rainwater, stormwater runoff, groundwater, street drainage, roof
drainage, yard drainage, water from yard fountains, ponds, lawn sprays
or uncontaminated water;
3. Any deionized water, steam condensate or distilled , water in amounts
which could cause problems with hydraulic loading;
4. Any blowdown or bleed water from heating, ventilating, air conditioning
or other evaporative systems exceeding one -third of the makeup water in
a 24 -hour period.; or,
5. Any single pass cooling or heating water.
14 -10.8 Discharge limits
A. The amount and nature of allowable discharges will be specified in the per-
mit, and the characteristics of any discharge shall not exceed those specified
in this chapter.
1. Discharge limits for regulated. substances —composite sample:
00034743.DOCx 12}
Resolution No. 2015 -013 Exhibit A 1/8/2015 6:13 PM 1jJC
13 -
r s
rte
x
a.Arsenic -- total z 0.4
b.
w ..............................................,................, ....... ..... ... ...........
Barium — total f
M........_.......
10.0 }
f
C.
i
Boron — total
7
5.0
w..µ...... _......_...................... ...............w..,
M.................. {1 d.Cadm un —total 0.
10 e.
I
n......_................. ...................Chromium —total 1 1.
20 f.Copper — total z 1.
2
g.
5 ....._ ....... _..Lead
total {
w ........_....0.
5 h.Manganese — total :83. 0
z
z
i, r x Mercury --
total
r...............0.
05
z 00034743.DOCx
12}Resolution No. 2015 -013 Exhibit A1/8/2015 6:13 PM
1jJC
EXHIBIT A TO MARANA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordinance)
r -
5'
ss
s
7
r .................................,
Nickel total
n ............v....,............ ...............................
n,.,.- ..Y..,.....
3.95 f
M..
k. Silver – total 5.0
s .. ......... ......... .- ........ ........ ........ ..........
w...,r.r...r..w..rr.rn.rr.nYn,
1. zinc -- total
F ...... .......... ...........>
2.6
m. Cyanide – total 0.6 .5
n.......,. r... r.... n..... ............................... _.........,.., ..
n. Selenium - total
i
0.5 3
o. all and grease
w N ....w........... ...,,....,....,
y200
y.................. ....
P Sulfide -- total
r.....................r....... r.....r. ......
2.0
w ...._
q. Chlorine total
M ....
10.0
Based on a grab sample
2. Discharge limits based upon fume toxicity (mg/ 1) (based on grab sam-
ples):
f ,
1 ,4- Dichlorobenzene
d.Carbon disulfide 0.06
e.Carbon tetrachloride 0.03
r..n.r.
r........... . ..,......,....._..,.. .......,,,r.K...w........r .. ..... . ........ r. .. rn._ ....r. N.r. ,.. r..r... ._. .,..,.......... .
s ....
rr...w..
f. Chlorobenzene 5
i
2.35
g Chloroethane 0.42
ri.r...r.. r.... v.. .....
h,
r•-. Y. n.. rrrv.......,............. r ......................... r. r... v... n„ ..... .. w......... n.. r. rrr... ni.. nnw... r.. irrrrn.. r. vr... rr. nv., rr.., vv-, r•. n .....•... w. . r..rn- ....rxr.. rs.. ......r.............,.........
Chloroform (
rr.
0.42
1.Me thylchloride (chloromethane)0.007
r..r..m.,...,..r.....,
J
r_. .,.....,.,.. w.. w.._ r._. . rr.. rK.... µ.. .. . .v. rM n_.. ._.... ....... r... w.w,.r. .... ... .... nY, N.. ..r..,.. va..
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Dichlorobenzene
i ........
I ...... ...... ................................ ....... ........... .....................
n____.._.._....._.......3.
74
k.
f ,1 ,4- Dichlorobenzene 3.
54 r. nµ....
nr......=..s
1.n. ..... ........ . Nr. n. ra... N ............ .......... .. ......... ........ r...............
r....... ---- — ---- .....1,1 -D ichl oro
ethane (w ......r......_.....
N....4.
58 M.f1,2 -trans -Di
chloroethenes
50.
28 00034743. DOCX
12 )Resolution No. 2015 -013 Exhibit A 1/8/ 6:13 1'M F
JC:
EXHIBIT A TO MARANA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordinance)
n.1,2-Dichloropropene 3.5
w...
s .H
o.
N................... k....................._........,....... ..._ ..... ....._._,_..._._..... _................ .. ... ..
1,3 - D *chloropropene 0.09
f
P. Ethylbenzene
i
1.59
q.1,2- Dichloroethane (ethylene dichloride)i
1.05
s r.
W............ ...,...... „.................... ......................
Heptachlor 3
0.003
1.•..,..... M..,......
s.Hexachloro- 1 - butadiene 0.0002
t.Hexachl oro ethane
3
0.96
U.
w_ ................. .............................. ........ w ........ ... ...... ........................ ............................... . _.....
M ethyl ketone (2- butano (MEN.)249.0
r......... n.....,.., j ...............
V”
n,..,.,..,.. n.,.,... r.. ......... ........ ... ................... ............................... . ...........
Methylene chloride (dichloromethane)4.15
W. I
E
Tetrachloro ethylene i
0.53
X.Toluene
s
1.35
i.s r
Y .
r. ...va..u.....ii.i.....r...... iii. r. i... n ............. r. n......................................•. v.-..--.. i..•...-.-.+-.. rr- wN-. n.. M. N................ .......r..............wr » . :
5....
1,2,4- Trichlorobenzene
r................... ..............................
0.43
Z.1,1,1- Trichloroethane 1.55
w ... { .._
aa.
w............k. ...... ... ........... Mw......_ .. .........
w..._......
Trichloroethylene 0.71
ell ,
bb. =
n ....................................... ............................... w............v......... ...,,...,,......1. M. Y. .,., .,.. ,. ...
Vinyl chloride 0.003
cc.
v.._.............._...._._........................._.................. M..........k................ ,.._................._..__.w.M_
1,1 dichloroethylene (vinylidene chlorides
r............
0.003
dd =
w...,....,....... .,..................w..... w.....,,.v. ..... ........... ,............................ ........ ...,.....,.....
Aroclor 1242
i
0.01
ee. Aroclor 1254
i
0.005
14 - - Variances
A. The Director may allow variances in this Ordinance when strict adherence
would less adequately provide for the protection of the POTW. The variance
shall secure substantially the objectives of the portion of the Ordinance to
which the variance is granted. Variances may be allowed when:
1. A substitution for or change in a standard material results in the use of a
material which can be clearly demonstrated to be of equal or superior
qu
00034743.DOCX 12)
Resolution No. 2015 -013 Exhibit A 1 /8/2015 6:13 PM FJC
15-
EXHIBIT A TO MARANA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater or dinance)
2. A strict adherence to a design standard or standard details would be im-
practical or impossible because of field conditions such as existing utility
facilities or incompatible existing sewerage facilities; or
3. An emergency situation prohibits strict adherence to a design standard or
standard detail.
14-10-10 Additional discharge limits
A. Quantitative or other limitations intended for application to general users
and not for inclusion only on individual permits, shall be proposed to the
council by the director after a public hearing. The director shall provide noti-
fication at least 45 days prior to the public hearing by publication in a news-
paper of general circulation in the town and by a written notice to any person
who has filed a request for notification with the director. The notice shall con-
tain a brief description of the nature of the proposal to be considered, the
time and place of the hearings, and the projected date that a proposal shall be
made to the council for approval of discharge limits.
B. when the director determines that a user is discharging to the POTW any
waste not previously identified as prohibited in such amounts as may inter-
fere, pass through, or upset the operation of the POTW, the director shall: (1)
advise the user of the impact of the contribution on the POTW; (2) develop a
discharge limitation for such user to correct the interference with the POTW;
and (3) require the user to comply with the discharge limits.
14 -10-11 Health care related wastes
A. Regulated facilities. Hospitals, clinics, offices of medical doctors and dentists,
mortuaries, morgues and longterm health care facilities:
1. May Discharge through a waste grinder after director approval as a con-
dition of the industrial wastewater discharge permit. The installation will
have inlet size and design features suitable for its intended use and con-
structed such that all particles pass through a maximum 3/8-inch mesh
opening;
2. Shall not Discharge to the sewer by any means:
a. Solid wastes generated in the rooms of patients who are isolated be-
cause of a suspected or diagnosed communicable disease;
b. Recognizable portions of the human anatomy;
c. Equipment, instruments, utensils and other materials of a disposable
nature that may harbor or transmit pathogenic organisms and that are
used in the rooms of patients having a suspected or diagnosed com-
municable disease which by the nature of the disease is required to be
isolated by public health agencies,
00034743. DOCx 12 )
Resolution No. 2015 -013 Exhibit A 1/8/2015 6:13 PM FJC
16-
EXHIBIT A TO MARANA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordinance)
d. Wastes excluded b other provisions of this chapter.
B. Limit of authority. Nothing in this section shall be construed to limit the au-
thority of public health authorities to define wastes as being infectious and,
with the concurrence of the director, to require that they will not be d * is -
charged to the POTW.
14 -10 -12 Septage disposal
A. Approval to discharge
1. No hauler shall discharge septage to the POTW without first obtaining a
septage discharge permit.
2. Haulers of septage will discharge at the town POTW site designated in
their permit.
B. Discharge requirements
1. The hauler shall use the POTW septage tracking form specified in the
permit to record each load that is delivered to the POTW.
2. Prior to discharge of septage, the hauler shall allow the director to sample
and analyze the contents to ensure compliance with discharge limits and
requirements. The hauler shall provide a suitable sampling tap or equiva-
lent appurtenance. The hauler may be required to suspend discharging
septage until the analysis is complete. The director shall refuse authoriza-
tion to discharge any septage that does not provide for the protection of
the POTW, groundwater resources, effluent and wastewater sludge dis-
posal methods, and operating personnel.
C. Sanitation and safety standards. The hauler shall discharge wastes in way
that keeps the area clean and free from spills or other debris, and shall
promptly clean up all spills.
D. General requirements and applicability.
1. The hauler is responsible for protecting the POTW by ensuring that the
hauled septage is not hazardous waste and is compatible with the biolog-
ical wastewater treatment process.
2. The hauler shall comply with all requirements, rules, and regulations es-
tablished by public health and environmental regulatory agencies.
E. Septage discharge permit application.
1. A septage discharge permit is required to discharge hauled septage waste
into the POTW.
2. The permit application, or reapplication, shall contain at least the follow-
ing information:
00034743.DDCX 12)
Resolution No. 2015 -013 Exhibit A 1/8/2015 6:13 PM FJC
17 w
EXHIBIT A TO MARANA RESOLUTION NO. 2015-013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 20 15.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordinance)
a. A completed septage discharge permit application/ questionnaire
form signed and dated by a person described in subparagraph 14 -10-
13 A. 5 below or by a duly authorized representative;
b. Type of waste sources serviced: Domestic/ commercial, industrial,
septic tank, cesspool, chemical toilet, airline sewage cart, or grease
traps;
c. Vehicle information including year, make, model., license plate and
tank capacity information for each vehicle in the fleet that will be car-
rying septage to the septage receiving station.
3. The application fee for a septage wastewater discharge permit application
is in the amount set forth in the current comprehensive fee schedule, and
shall be paid to the town at the time of application.
4. The director may require the submittal of other information to assist in
the determination of permit requirements.
5. The director shall issue a written or electronic notice of administrative
completeness or deficiencies to a permit applicant within 15 business
days. If the director determines that the application is not administrative-
ly complete, the director shall include a comprehensive list of the specific
deficiencies. The administrative completeness review time frame and the
overall time frame are suspended from the date the notice is issued until
the date the director receives the missing information from the applicant.
The director may issue an additional written or electronic notice of ad-
ministrative completeness or deficiencies based on the applicant's sub -
mission of missing information. Once the application is administratively
complete, the substantive review time frame begins and the director shall
respond to permit applications within 30 business days of receipt of a
completed permit application. During the substantive review time frame,
the director may make one comprehensive written or electronic request
for additional information. The substantive review time frame and overall
time frame are suspended from the date the request is issued until the
date that the town receives the additional information from the applicant.
The total overall timeframe for the permit application process shall be 45
business days not counting time response time by the applicant. By mu-
tual written or electronic agreement, the director and an applicant for a
permit may extend the substantive review time frame and the overall
time frame. An extension of the substantive review time frame and the
overall time frame may not exceed 25% of the overall time frame.
F. All users shall reply to the director and submit any permit application or
questionnaire forms and any other related lists, plans, analyses, flow infor-
mation or other materials, as requested by the director, within 30 days of re-
ceipt of any such forms or requests unless given an extension by the director.
00034743.DOCX 121
Resolution No. 2015 -013 Exhibit A 1/8/2015 6:13 PM 1iJC
18 _
EXHIBIT A TO MARANA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordinance) . .................
G. Permit decisions may be appealed to the director by responding in writing to
the director within 33 days of the issuance of the permit decision. The appeal
should include a detailed description of the portion of the permit and/or
permit decision the applicant is appealing and their justification for the re-
quested revision of the permit. The director shall respond to the applicant in
writing within 30 business days.
H. After an appeal to the director, an appeal may be made to the council by fil-
ing a request with the town clerk.
14 -10 -13 Industrial wastewater discharge permit application
A. A permit is required to discharge industrial wastewater.
1. No person shall discharge or cause to be discharged any industrial
wastewater directly or indirectly to the POTw without first obtaining an
industrial wastewater discharge permit. The director shall set require-
ments at least as stringent as applicable state or federal rules, regulations
or pretreatment standards.
2. A permit shall be required for all food service facilities. Facilities shall be
responsible for ensuring that the discharges from their operations are in
compliance with the provisions set forth in this chapter. Any food service
facility found to be in violation with any part of this chapter may be re-
quired to obtain an industrial wastewater discharge permit and correct
the deficiencies.
3. The director shall require a separate permit for each connection to the
POTW.
4. The director may require a separate permit from each tenant as well as
the owner or manager of any multi- tenant property, including, but not
limited to: shopping centers, medical centers, and industrial or commer-
cial parks.
5. All permit applications shall be signed as follows:
a. For a corporation: by a responsible corporate officer. For the purpose
of this section, a responsible corporate officer means:
i. A president, secretary, treasurer, or vice president of the corpora-
tion 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 oper-
ating facilities, provided the manager is authorized to make man-
agement decisions which govern the operation of the regulated fa-
cility, including having the explicit or implicit duty of making ma-
jor capital investment recommendations; to initiate and direct oth-
00034743.DoCX 12)
Resolution No. 201 5 -013 Exhibit A 1/512015 6:13 PM F.1C
19-
EXHIBIT A TO MARANA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ord inance)
er comprehensive measures to assure long -term environmental
compliance with environmental Laws and regulations; to ensure
that the necessary systems are established or actions taken to
gather complete and accurate information for control mechanism
requirements; and to whom authority to sign documents has been
assigned or delegated in accordance with corporate procedures.
b. For a partnership or sole proprietorship: By a general partner or the
proprietor, respectively; or,
c. For a municipality, state, federal or other public agency: By either a
principal executive officer or ranking elected official. For purposes of
this section, a principal executive officer of a federal agency includes:
i. the chief executive officer of the agency, or,
ii. a senior executive officer having responsibility for the overall op-
erations of a principal geographic unit of the agency.
6. All reports required by permit and other information requested by the di-
rector shall be signed by a person described in subparagraph 14 -10-
13 A. 5 above or by a duly authorized representative of that person. If an
authorization under this section is no longer accurate because a different
individual or position has responsibility for the overall operation of the
facility, a new authorization satisfying the requirements of subparagraph
14 -10 -13 A. 5 above must be submitted to the director prior to or together
with any reports to be signed by the individual.
7. Any person signing a document shall make the following certification:
I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with a
system designed to assure that qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly
responsible for gathering the inf ormation, the information submitted
is, to the best of my knowledge and belief, true, accurate, and com-
plete. I am aware that there are significant penalties for submitting
false information, including the possibility of f ine and imprisonment
for knowing violations.
B. Application submittal: All users.
1. All users required to obtain a permit shall file with the director an appli-
cation in the form prescribed by the director and accompanied by the
permit application fee.
2. The permit application, or reapplication, shall contain at least the follow-
ing information:
00034743. DOCx 12 )
Resolution No. 2015 -013 Exhibit A 1/8/2015 6:13 PM FJC:
20-
EXHIBIT A TO MARANA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordinance)
a. A completed industrial wastewater discharge permit application/
questionnaire form signed and dated by a person described in sub-
paragraph 14-10-13 A. 5 above or by a duly authorized representative;
b. Any drawing, plan, diagram, site plan, or plumbing plan of the prop-
erty requested by the director showing accurately all plumbing and
sewerage necessary to satisfy permitting requirements;
c. wastewater discharge flow information and water consumption in-
formation;
d. The north American industry classification system (NAILS) code and
standard industrial classification (SIC) code required b state law or
40 CFR which best characterizes the industrial discharge activities
undertaken on the property;
e. Identification and listing of all hazardous materials or hazardous sub-
stances that are, or are expected to be generated, consumed, used or
stored on the property including the quantities thereof, storage and
spill prevention facilities, and method of disposal, for any such mate-
rials or wastes.
3. In addition to the information in subparagraph 14- -10-13 B. 2 above, sig-
nificant industrial users shall provide:
a. Chemical analysis of any industrial wastewater constituent that may
be discharged to the POTW for the determination of permit require-
ments;
b. Identification and listing of all environmental control permits held b
the applicant that are applicable to the property or to any operation,
process, or facility located on the property;
c. Any applicable U.S. EPA categorical determination made by the ap-
plicant using 40 CFR § 405 to 471 as adopted in AAC R18 -9-
A905(A)(9). If the applicant is regulated under the above provisions,
the applicant shall identify all applicable pretreatment standards (for
existing or new sources as appropriate) by section. If the applicant de-
termines that it is not so regulated it shall so state. At least 90 days
prior to commencement of discharge, new sources shall submit a re-
port which contains the information in a baseline monitoring report
as required by 40 CFR § 403.12(b) as adopted in AAC R18 -9-
A905(A)(8)(b). Within 90 days following commencement of the intro-
duction of wastewater into the POTW, new sources shall submit a 90-
day compliance report as required in 40 CFR § 403.12(d) as adopted in
AAC R18- 9- A905(A)(8)(b).
4. The director may require the submittal of other information to assist in
the determination of permit requirements.
100034743.DOCX 12)
Resolution No. 2015013 Exhibit A 1/8/2015 6:13 1 FJC
21 -
EXHIBIT A TO MARANA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordin
5. The director shall issue a written or electronic notice of administrative
completeness or deficiencies to a permit applicant within 15 business
days.
a. If the director determines that the application is not administratively
complete, the director shall include a comprehensive list of the specif-
ic deficiencies.
b. The administrative completeness review time frame and the overall
time frame are suspended from the date the notice is issued until the
date the director receives the missing information from the applicant.
c. The director may issue an additional written or electronic notice of
administrative completeness or deficiencies based on the applicant's
submission of missing information.
d. once the application is administratively complete, the substantive re-
view time frame begins and the director shall respond to permit ap-
plications within 30 business days of receipt of a completed permit
application.
e. During the substantive review time frame, the director may make one
comprehensive written or electronic request for additional infor-
mation.
f. The substantive review time frame and overall time frame are sus-
pended from the date the request is issued until the date that the
county receives the additional information from the applicant.
g. The total overall timef rame for the permit application process shall be
45 business days not counting time response time by the applicant.
h. By mutual written or electronic agreement, the director and an appli-
cant for a permit may extend the substantive review time frame and
the overall time frame. An extension of the substantive review time
frame and the overall time frame may not exceed 25 of the overall
time frame.
6. All users shall reply to the director and submit any permit application or
questionnaire forms and any other related lists, plans, analyses, flow in-
formation or other materials, as requested by the director, within 30 days
of receipt of any such forms or request unless the director grants an ex-
tension.
7. Permit decisions may be appealed to the director by responding in writ-
ing to the director within 33 days of the issuance of the permit decision.
The appeal should include a detailed description of the portion of the
permit and/or permit decision the applicant is appealing and their justifi-
cation for the requested revision of the permit. The director shall respond
to the applicant in writing within 30 business days.
00034743. DOCx 121
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22-
EXHIBIT A TO MARANA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordinance)
S. After an appeal to the director, an appeal may be made to the council by
filing a request with the town clerk.
14- 10-14 Industrial wastewater discharge permit fees
Fees in amounts set forth in the comprehensive fee schedule shall be paid to the
town upon application for, or renewal or modification of, all wastewater dis-
charge permits.
1410 -15 General requirements
A. State and federal requirements. All users shall comply with all applicable
federal rules, regulations or pretreatment standards, or any applicable more
stringent state or local rules, regulations or standards, whether or not con-
tained in a permit.
B. Separation of wastes. All domestic wastewater from restrooms, showers,
drinking fountains, and similar sources shall be kept separate from all indus-
trial wastewaters until the industrial wastewaters have passed through any
required pretreatment facility or device and the industrial wastewater moni-
toring facility. The director may waive this condition if the combined
wastewater formula at paragraph 14 -10 -15 E is utilized.
C. Sample location. As a condition of the permit, all discharged industrial
wastewater shall pass through a designated sampling location where the di-
rector has unrestricted physical access.
D. Accidental discharge protection (spill protection and slug discharge control).
Each user shall provide and maintain, at the user's expense, protection from
the accidental discharge or spill into the POTw of prohibited, hazardous or
other waste materials which are regulated through this chapter. No user shall
commence discharge to the POTw without accidental discharge protection
facilities or procedures. The user shall notify the POTw immediately of any
changes at its facility affecting potential for a slug discharge.
E. Combined wastewater formula.
1. The combined wastewater formula will be used by users that mix regu-
lated wastewaters with other regulated or unregulated wastewaters prior
to pretreatment. The alternative concentration limits shall be derived us-
ing the formula found in 40 CFR § 403.6(e):
s
e F
J
s Fy
f00034743.DOOX 12}
Resolution No. 2015 -013 Exhibit A 1/8/2015 6:13 PM FJO
23-
EXHIBIT A TO MARANA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordinance)
Where:
CT= the alternative concentration limit for the combined wastestrearn.
Ci = the categorical Pretreatment Standard concentration limit for a
pollutant in the regulated stream i.
Fi = the average daily flow (at least a 30-day average) of stream i to the
extent that it is regulated for such pollutant.
Fi) = the average daily flow (at least a 30 -day average) from.: (a) boiler
blowdown streams, noncontact cooling streams, stormwater streams,
and demineralizer backwash streams; provided, however, that where
such streams contain a significant amount of a pollutant, and the com-
bination of such streams, prior to pretreatment, with an industrial us-
er's regulated process wastestream(s) will result in a substantial reduc-
tion of that pollutant, the control authority, upon application of the in-
dustrial user, may exercise its discretion to determine whether such
stream(s) should be classified as diluted or unregulated. In its applica-
tion to the control authority, the industrial user must provide engi-
neering, production, sampling and analysis and such other infor-
mation so that the control authority can make its determination; or
b) sanitary wastestreams where such are not regulated by a categori-
cal pretreatment standard; or (c) from any process wastestreams which
were or could have been entirely exempted from categorical pretreat-
ment Standards pursuant to paragraph 8 of the NRDC v. Costle (568
F.2d 1369 (DC Cir. 1977)} consent decree for one or more of the follow-
ing reasons: (1) the pollutants of concern are not detectable in the ef-
fluent from the industrial user; (2) the pollutants of concern are pre-
sent only in trace amounts and are neither causing or likely to cause
toxic effects; (3) the pollutants of concern are present in amount too
small to be effectively reduced by technologies known; or, (4) the
wastestreams contain only pollutants which are compatible with the
POTw.
FT =the average daily flow (at least a 30 -day average) through the
combined treatment facility (includes F; and Fn and unregulated
streams).
N = the total number of regulated streams.
2. An alterative discharge limit may not be used if the alternative limit is
below the analytical detection limit for any of the regulated pollutants. As
a result, the combined wastewater formula cannot be used, and wast-
estreams must be segregated.
F. Duty to reapply. The user shall submit a new application with the appropri-
ate fee 90 days before the existing permit expires.
00034743.DOCx i 2 )
Resolution No. 2015 -013 Exhibit A 1/8/2015 6:13 PM FJc
24-
EXHIBIT A TO MARANA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordinance)
G. Duty to comply.
1. The user must comply with all conditions of the permit. Any permit non-
compliance constitutes a violation of this chapter and is grounds for en-
forcement action.
2. The user shall comply with effluent standards or prohibitions established
under § 307(a) of the clean water act for toxic pollutants within the time
provided in the regulations that establish these standards or prohibitions.
H. Need to halt or reduce activity not a defense. It shall not be a defense for a
user in an enforcement action that it would have been necessary to halt or re-
duce the permitted activity in order to maintain compliance with the condi-
tions of the permit.
I. Duty to mitigate. The user shall take all reasonable steps to minimize or pre-
vent any discharge in violation of the permit which has a reasonable likeli-
hood of adversely affecting human health or the environment.
J. Proper operation and maintenance. The user shall at all times properly oper-
ate and maintain all facilities and systems of treatment and control (and re-
lated appurtenances) which are installed or used by the user to achieve com-
pliance with the conditions of a permit or this chapter. Proper operation and
maintenance also include adequate laboratory controls and appropriate qual-
ity assurance procedures. This provision requires the operation of back-up or
auxiliary facilities or similar systems which are installed by a user only when
the operation is necessary to achieve compliance with the conditions of the
permit.
K. Duty to provide information. The user shall furnish within 30 days, any in-
formation the director may request to determine whether cause exists for
modifying, revoking and reissuing, or to determine compliance with the
permit. The user shall also furnish to the director upon request, copies of rec-
ords required to be kept by the permit.
L. Inspection and entry.
1. Upon the town's compliance with A.R.S. § 9-833, the user shall allow the
director to:
a. Enter upon the user's premises, at reasonable times, where a regulat-
ed facility or activity is located or conducted, or where records must
be Dept under conditions of the permit.
b. Have access to and copy, at reasonable times, any records that must
be kept under conditions of the permit.
c. Inspect, at reasonable times, any facilities, equipment (including mon-
itoring and control equipment), practices, or operations regulated or
required under the permit.
00034 743. ooCx / 2 )
Resolution No. 2015 -013 Exhibit A. 1 1812015 6:13 1'M FJC
25-
EXHIBIT A TO MARANA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordinance)
d. Sample or monitor at reasonable times, for the purposes of assuring
permit compliance or as otherwise authorized by this chapter, any
substances or parameters at any location.
e. The user has the right to a split or duplicate of any samples taken dur-
ing the inspection if the split or duplicate of any samples, where ap-
propriate, would not prohibit an analysis from being conducted or
render an analysis inconclusive.
2. The director shall have the right to set up on the user's property, or re-
quire installation of, such devices as are necessary to conduct sampling
and/or metering of the user's operations.
3. The director may require the User to install monitoring equipment as
necessary.
a. The facility's sampling and monitoring equipment shall be main-
tained at all times in a safe and proper operating condition by the user
at its own expense.
b. All devices used to measure wastewater flow and quality shall be cal-
ibrated based on manufacturer recommendation to ensure their accu-
racy.
4. Unreasonable delays in allowing the director access to the user's premises
shall be a violation of this chapter.
5. where a user has security measures in place which require proper identi-
fication and clearance before entry onto its premises, the user shall make
necessary arrangements with its security group so that, upon presenta-
tion of suitable identification, the director shall be permitted to enter
without delay for the purposes of performing inspections and monitor-
ing.
M. Monitoring and records.
1. Samples and measurements taken for the purpose of monitoring shall be
representative of the permitted activity.
2. The user shall retain records of all monitoring information, including all
calibration and maintenance records and all original strip chart record-
ings for continuous monitoring instrumentation, documentation associat-
ed with best management practices (BMPs), copies of all reports required
by the permit, and records of all data used to complete the application for
the permit, for a period of at least three years from the date of the sample,
measurement, report or application. This period may-be extended by re-
quest of the director at any time.
3. Records of monitoring information shall include all of the following:
a. The date, exact place, and time of sampling or measurements.
00034743.DOCx 12)
Resolution No. 201 5-013 Exhibit A 1/8/2015 6:13 PM FCC
26-
EXHIBIT A TO MARANA RESOLUTION NO. 201 5 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 20 15.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14-10 (Industrial wastewater ordin
b. The individual(s) who performed the sampling or measurements.
c. The date (s) analyses were performed.
d. Laboratory(ies) which performed the analyses.
e. The analytical techniques or methods used.
f. Chain of custody forms.
g. Any comments, case narrative or summary of results produced by the
laboratory. These comments should identify and discuss QA/QC
analyses performed concurrently during sample analyses and should
specify whether analyses met project requirements and 40 CFR 136.
The summary of results must include information on initial and con-
tinuing calibration, surrogate analyses, blanks, duplicates, laboratory
control samples, matrix spike and matrix spike duplicate results,
sample receipt conditions, holding tunes and preservation.
h. The results of such analyses.
4. Collection, preservation and analysis of compliance samples must be
conducted according to test procedures approved by 40 CFR § 136 as
adopted in AAC R18- 9 -A905 (A) (7), unless other test procedures have
been specified in the permit.
a. Except as indicated *n subparagraphs b and c below and unless time- -
proportional composite or grab sampling is approved by the director
sampling must be representative of the discharge), the user must col-
lect wastewater samples using 24 -hour flow -- proportional composite
sampling techniques.
b. Samples for oil and grease, temperature, pH, cyanide, sulfides, and
volatile organic compounds must be obtained using grab collection
techniques. Samples collected may be composited prior to the analysis
as follows: for cyanide, and sulfides, the sample may be composited
in the laboratory or in the field; for volatile organic compounds and
oil and grease, the samples may be composited in the laboratory.
c. For sampling required in support of baseline monitoring and 90-day
compliance reports in 40 CFR § 403.12(b) and (d), a minimum of four
grab samples must be used for pH, cyanide, 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 director may authorize a lower minimum. For
reports required by 40 CFR § 403.12(e) and (h), the user is required to
collect the number of grab samples necessary to assure compliance
with applicable pretreatment standards and requirements.
00034743.DOCX / 2)
Resolution No. 2015 -013 Exhibit A 1/8/2015 6:13 PM FJC
27-
EXHIBIT A TO MARANA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordinance)
5. All compliance samples shall be analyzed by an environmental laboratory
licensed in conformance with Arizona revised statutes title 36, chapter
4.3, article 1 (A.R.S. § 36 -495 through - 495.16).
N. Compliance schedule. The director shall require the development of a com-
pliance schedule by users for the installation of technology required to meet
applicable categorical pretreatment standards and requirements. when a new
requirement is placed upon a user, a compliance schedule may be established
to allow the user to come into compliance.
o. Signatory requirement. All applications, reports, or information submitted to
the director shall be signed and certified by a person meeting the require-
ments of subparagraph 14- 10--13 A. 5 above or by an authorized representa-
tive.
P. Re- opener clause. A permit shall be modified to incorporate . an applicable
standard or limitation promulgated or approved after the permit is issued if
that standard or limitation is more stringent than the limitation in the permit,
or controls a pollutant not limited in the permit.
Q. Minor modification of permit. The director may modify a permit to make
corrections or allowances for changes in the permitted activity listed in this
paragraph. Any permit modification not processed as a minor modification
under this paragraph must be made for cause. Minor modifications may on-
l
1. Correct typographical errors;
2. Change an interim compliance date in a schedule of compliance, provid-
ed the new date is not more than 120 days after the date specified in the
existing permit and does not interfere with attainment of the final com-
pliance date requirement,
3. Allow for a change in ownership or operational control of a facility (after
notice to the director) where the director determines that no other change
in the permit is necessary, provided that a written agreement containing a
specific date for transfer of permit responsibility, coverage, and liability
between the current and new user has been submitted to the director, or,
4. Implement the compliance schedule for a user which is a new source. No
such change shall affect a user's obligation prior to discharge.
R. Major modification or termination of permit. The director may modify or
terminate a permit for cause. The following are causes for modifying or ter -
minating a permit during its term, or for denying a permit renewal applica-
tion:
1. Significant noncompliance (as defined in paragraph 14 -10 -5 A. 48 above)
by the user with any condition of the permit;
00034743.DOCx 12)
Resolution No. 2015-013 Exhibit A 1/8/2015 6:13 1 FJC
28-
EXHIBIT A TO MARANA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 201 5.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordinance)
2. The user's failure in the application or during the permit issuance process
to disclose fully all relevant facts, or the user's misrepresentation of any
relevant facts at any time;
3. A determination that the permitted activity endangers human health or
the environment and can only be regulated to acceptable levels by modi-
fication or revocation; or,
4. A change in any condition that requires either a temporary or a perma-
nent reduction or elimination of any discharge controlled by the permit.
S. Availability of reports. Except for data determined to be confidential by 40
CFR § 2.201 subpart B, all reports prepared in accordance with the terms of
the permit shall be available for public inspection at the utilities department
after director approval. Permit applications, permits, and effluent data shall
not be considered. confidential. Environmental audit reports prepared in ac-
cordance with A.R.S. § 49 -1401 et sect. shall be held as confidential and not
disclosed as provided for in A.R.S. § 49 -1404.
T. Removed substances. Regulated wastes or other pollutants removed in the
course of treatment or control of wastewaters shall be properly disposed of in
a manner such as to prevent any pollutant from such materials from entering
the POTW.
U. Severability of permit conditions. The provisions of the permit are severable,
and if any provision of the permit, or the application of any provision of the
permit to any circumstance, is held invalid, the application of such provision
to other circumstances, and the remainder of the permit, shall not be affected
thereby.
V. Civil and criminal liability. Except as provided in permit conditions on by-
pass and upset, nothing in the permit shall be construed to relieve the user
from civil or criminal penalties for noncompliance.
W. Permit actions. The permit may be modified, suspended or revoked for
cause. The filing of a request by the user for a permit modification, reis-
suance, or a notification of planned changes or anticipated noncompliance
does not stay any permit condition.
X. Property rights. The permit does not convey any property rights of any sort,
or any exclusive privilege.
Y. Comment period. The permit holder has 33 days from the date the permit is
mailed to the permit holder to comment in writing to the director.
Z. Permit duration. Permits shall be issued for a specified time period, not to ex-
ceed five years.
f00034743.DOCx 121
Resolution No, 2015 -013 Exhibit A 1/8/2015 6:13 JIM FJC
29-
EXHIBIT A TO MARANA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wast ewater ordinance)
14-10 -16 Notification requirements
A. Notification of accidental discharge, spill, slug loading, bypass, upset or other
noncompliance.
1. Notification of bypass, upset, accidental discharge, spill, or slug load.
a. In the event of bypass, upset, accidental discharge, spill, or slug load
that may endanger health, the environment, or the POTw, the user
shall notify the utilities department by telephone immediately upon
discovery of the occurrence.
b. The user shall notify the utilities department by telephone within 24
hours after the user becomes aware of that any discharge exceeds any
effluent limitation in the permit, or exceeds a maximum discharge
limitation for any of the pollutants listed in this chapter.
c. The notification shall include location of discharge, type of waste, dis-
charge concentration and volume, and corrective actions taken by the
user.
d. within five days following initial notification, the user shall submit to
the director 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. This 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
POTw or any other person or property, nor shall such notification re-
lieve the user of any fInes, civil penalties, or other liability which may
be imposed by this chapter or other applicable law.
e. The user shall also repeat the sampling and analysis and submit the
results of the repeat analysis to the director within 30 days after be-
coming aware of the exceedance.
2. Other noncompliance notification. The user shall report all instances of
noncompliance at the time monitoring reports are submitted. The reports
shall contain the information listed in subparagraphs 14-1 0--16 A.1. c and
d above.
3. Other information. Immediately upon discovery, the user shall promptly
submit facts or information it failed to submit or incorrectly submitted in
a permit application or in any report to the director.
B. Bypass.
1. Bypass not exceeding limitations: The user may allow any bypass to oc-
cur which does not cause effluent limitations to be exceeded, but only if it
is also for essential maintenance to assure efficient operation. These by-
passes are not subject to the provisions of subparagraphs 14-10 -16 B. 3
and 4 below.
00034743. DOCx 12 )
Resolution No. 2015-013 Exhibit A 1/8/2015 6:13 PM FJC
30-
EXHIBIT A TO MARANA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordinance)
2. Notice
a. Anticipated bypass: If the user knows in advance of the need for a
bypass, it shall submit prior notice, at least ten days before the date of
the bypass.
b. Unanticipated bypass: The user shall submit notice of an unanticipat-
ed bypass as required in paragraph 14-10-16 A.1 above.
3. Prohibition of bypass: Bypass is prohibited, and the director may take en-
forcement action against a user for bypass, unless:
a. Bypass was unavoidable to prevent loss of life, personal injury, or se-
vere property damage. Severe property damage means substantial
physical damage to property, damage to treatment facilities which
causes them to become inoperable, or substantial and permanent loss
of natural resources which can be reasonably expected to occur in the
absence of a bypass. Severe property damage does not mean econom-
ic loss by delays in production;
b. There were no feasible alternatives to the bypass, such as the use of
auxiliary treatment facilities or retention of untreated wastes or
maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate back -up equipment should have
been installed in the exercise of reasonable engineering judgment to
prevent a bypass which occurred during normal periods of equip-
ment downtime or preventive maintenance; and,
c. The user submitted notices as required under subparagraph 14 --10-
16 B. 2 above.
4. Anticipated bypass. The director may approve an anticipated bypass, af-
ter considering its adverse effects, if the director determines that it will
meet the three conditions listed in subparagraph 14 -10 -16 B. 3 above.
C. Upset.
1. Effect of an upset: An upset constitutes an affirmative defense to an ac-
tion brought for noncompliance with such technology- -based permit ef-
fluent limitations if the requirements of subparagraph 14 -10 -16 C. 2 below
are met.
2. Conditions necessary for a demonstration of upset: A user who wishes to
establish the affirmative defense of upset shall demonstrate, through
properly signed, contemporaneous operating logs, or other relevant evi-
dence that:
a. An upset occurred and that the user can identify the cause(s) of the
upset;
b. The permitted facility was at the time being properly operated;
04034743.DOCX 12)
Resolution No. 2015 -013 Exhibit A. 11$12015 6:13 PM FJC
31-
EXHIBIT A TO MARANA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordin
c. The user submitted notice of the upset as required in paragraph A.1
of this section; and,
d. The user properly operated and maintained all facilities and systems
of treatment and control as required under paragraph 14 -10 -15 J
above.
3. Burden of proof: In any enforcement proceeding, the user, seeking to es-
tablish the occurrence of an upset, has the burden of proof.
14 -10 -17 Reporting requirements
A. Planned changes. The user shall give notice to the director as soon as possible
of any planned physical alterations or additions to the permitted facility in
one of the following circumstances:
1. The alteration or addition to a permitted facility may meet one of the cri-
teria for determining whether a facility is a new source.
2. Within 90 days following the date for final compliance with applicable
categorical pretreatment standards or, in the case of a new source, follow-
ing commencement of the introduction of wastewater into the POTw,
any user subject to categorical pretreatment standards and requirements
shall submit to the director a report indicating the nature and concentra-
tion of all pollutants in the discharge from the regulated process.
a. The report shall state whether the applicable categorical pretreatment
standards or requirements are being met and, if not, what additional
operations and maintenance or pretreatment is necessary.
b. This statement shall be reviewed by an authorized representative of
the user and certified.
3. Any anticipated facility expansions, production increases, or process
modifications which will result in new, different, or increased discharges
of pollutants must be reported by submission of a new permit application
or, if such changes will not violate the discharge limitations specified in
the permit, by notice to the utilities department.
a. Following such notice, the permit may be modified to specify and lim-
it any pollutants not previously limited or change existing limits or
other requirements.
b. Approval must be obtained prior to any new discharges.
c. The user shall allow 45 business days for review.
B. Anticipated noncompliance. The user shall give advance notice to the direc-
tor of any planned changes in the permitted facility or activity which may re-
sult in noncompliance with permit requirements.
00034743.DDCx / 2)
Resolution No. 2015 -013 Exhibit A 1/8/2015 6:13 PM FJG
32-
EXHIBIT A TO MARANA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordinance)
C. Transfers. Permits are not transferable to any person except after notice to the
director. The director may require modification or reissuance of the permit to
change the name of the user and incorporate such other requirements as may
be necessary under this chapter.
D. Monitoring reports. Monitoring results shall be reported at the intervals spec-
ified in the permit.
1. Monitoring results must be reported on a self - monitoring report form.
SMRF), or a form approved by the director to the extent that the infor-
mation reported may be entered on the form for the report period.
2. If the user monitors any pollutant more frequently than required by the
permit, using test procedures approved under 40 CFR § 136 or as speci-
fied in the permit, the results of this monitoring shall be included in the
calculation and reporting of the data submitted in the SMRF.
3. Calculations for all limitations which require averaging of measurements
shall utilize an arithmetic mean unless otherwise specified by the director
in the permit.
4. In cases where the pretreatment standard requires compliance with a best
management practice or pollution prevention alternative, the user must
submit documentation required by the director or the pretreatment
standard necessary to determine the compliance status of the user.
E. Reduced periodic reporting. The director may reduce the requirement for pe-
riodic compliance reports to a requirement to report no less frequently than
once a year, unless required more frequently in the pretreatment standard or
by the EPA or the state, where the industrial user's total categorical
wastewater flow does not exceed 5,000 gallons per day.
1. Reduced reporting is not available to industrial users that have in the last
two years been in significant noncompliance, as def fined in paragraph 14-
10-5 A. 48 above.
2. Reduced reporting is not available to an industrial user with daily flow
rates, production levels, or pollutant levels that vary so significantly that,
in the opinion of the director, decreasing the reporting requirement for
this industrial user would result in data that are not representative of
conditions occurring during the reporting period.
F. Compliance schedules. Reports of compliance or noncompliance with, or any
progress reports on, interim and final requirements contained in any compli-
ance schedule of the permit shall be submitted no later than 14 days follow-
ing each scheduled date.
00034743.DOCX 12}
Resolution No. 2015.013 Exhibit A 1/8/2015 6:13 PM FJC
33
EXHIBIT A TO MARANA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2415.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordinance)
14 -10 -18 Issuance of notification of violation
A. Notification of violation. whenever the director finds that a user is in viola-
tion of this chapter, any part of a permit, or any order for corrective action,
the director shall serve or cause to be served upon such user, a written notifi-
cation of violation describing the nature of the alleged violation. The notifica-
tion of violation may include, but is not limited to:
1. An order for corrective action;
2. A schedule to attain compliance;
3. An order to shover cause why the matter should not be referred to the
towns legal department for appropriate legal action;
4. An order to cease discharge;
5. A suspension or revocation of the user's permit; or
6. An order to respond in writing to the allegations.
B. Additional orders after notification of violation. Additional orders and
changes to a suspension or revocation may follow the initial order at the dis-
cretion of the director or as additional information becomes available.
C. Response to notification of violation.
1. The user shall respond in writing to the director within the time specified
in the notification of violation, or if not specified, within ten days of the
user's receipt of the notification.
2. The user's response shall be complete, containing all information and da-
ta required by the notification of violation.
3. If the response to a notification of violation requires an order to show
cause, the user shall respond by demonstrating why the director should
not ask the town's legal department to file an action in superior court re-
questing injunctive relief and penalties.
D. Resolution of notification of violation. Upon review of a response to a notifi-
cation of violation, the director may accept the response as complete and sat-
isfactory, and consider the notification of violation closed. In that event, the
Director shall notify the user in writing that the notification of violation has
been closed. Closure of a notification of violation does not preclude further
enforcement action.
E. Deficient response to notification of violation. If the director determines a re-
sponse to a notification of violation is deficient, the director may take any one
or more of the following actions:
1. Require submission of additional or incomplete information;
2. Suspend or revoke the user's permit;
00034743. DOCX 12 )
Resolution No. 2015 -013 Exhibit A 1/8/2015 6:13 PM 1iJC
34-
EXHIBIT A TO MARANA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordinance) .. . ..... ......... __
3. order the user to cease discharge;
4. Seek penalties as justif ied by the violations; or
5. Any other action the director determines to be appropriate.
F. Compliance schedule. When the user is found to be in noncompliance, a
compliance schedule may be made part of an enforcement order. The dead-
line dates in the enforcement order will be subject to the same civil penalties
and will be as enforceable as a discharge limit.
G. Published list of significant violators. To comply with the public participation
requirements of 40 CFR Part 25 as outlined in A.R.S. § 49- 391(C) for the en-
forcement of national pretreatment standards, the director shall at least an-
nually publish notification, in a newspaper of general circulation that pro-
vides meaningful public notice in the town, of industrial users in significant
noncompliance with applicable pretreatment requirements at any time dur-
ing the previous 12 months. For purposes of this provision, a significant in-
dustrial user (or any industrial user that violates 40 CFR § 403.8 paragraphs
f)(2)(vill)(C), (D), or (H)) is in significant noncompliance if its violation meets
the definition of significant noncompliance set forth in paragraph 14 -10-
5 A. 48 above.
14- 10-19 Notification of permit suspension
A. Reason for permit suspension. The director shall use the emergency authority
specified below as reason to suspend a permit when:
1. The suspension is necessary to cease a discharge that may present a haz-
ard to the public health, safety or welfare, or to the environment or pass -
through, interference, or upset to the PoTW; or
Z. The suspension is necessary to cease the discharge of a user that has dis-
played a pattern of noncompliance with the provisions of this chapter.
B. User response to permit suspension. when notified of a permit suspension,
the user shall immediately cease discharge of all industrial wastewater to the
PoTW.
C. Failure to comply with permit suspension. If the user fails to comply volun-
tarily with the notification of permit suspension, the director shall take such
steps as necessary to ensure compliance up to and including termination of
service by court order or physical barrier.
D. Reinstatement of suspended permit. The director shall, by written statement,
reinstate the user's permit upon proof of satisfactory compliance with all re-
quirements of the notification of permit suspension. Before the director rein-
states the permit, the user shall pay damages and costs incurred by the town
in suspending the permit and disconnecting the industrial sewer.
f 00034743. DoCX 12 )
Resolution No. 2015 -013 Exhibit A 1/8/2015 6:13 PM FJC
35
EXHIBIT A TO MARANA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordinance)
14-10 -20 Notification of permit revocation
A. Reason for revocation of permit. The director may revoke a permit upon find-
ing that the user has violated any provision of this chapter, including but not
limited to any of the following:
1. Failure to notify the director of significant changes to the wastewater pri-
or to the changed discharge.
2. Failure to comply with the reporting requirements of section 14-- 10--17
above.
3. Misrepresentation or failure to fully disclose all relevant facts in the
wastewater discharge permit application.
4. Falsifying self -- monitoring reports and certification statements.
5. Tampering with monitoring equipment.
6. Refusing to allow timely access to the facility premises or records.
7. Failure to meet effluent limitations.
8. Failure to pay penalties.
9. Failure to pay sewer user fees as required by the users industrial
wastewater discharge permit.
10. Failure to meet compliance schedules.
11. Failure to provide advanced notice of transfer of business ownership of a
permitted facility.
12. violation of any pretreatment standard or requirement, BMP or any other
terms of the wastewater discharge permit or this chapter.
B. Transfer of facility ownership. Individual wastewater discharge permits shall
be voidable upon cessation of operations or transfer of business ownership.
C. User response to permit revocation. Any user whose permit has been re-
voked shall immediately cease all discharge of any industrial wastewater to
the POTw.
D. Failure to comply with permit revocation. If the user fails to comply volun-
tarily with the notification of permit revocation, the director shall take such
steps as necessary to ensure compliance up to and including termination of
service by court order or physical barrier.
E. Resolution of permit revocation. Before re- commencing discharge of indus-
trial wastewater, the user whose permit was revoked must apply for and ob-
tain a new industrial wastewater discharge permit, pay all charges that
would be required upon initial application, and pay all delinquent fees,
charges and such other sums the user may owe to the town. Before the direc-
00034743.DOCX 12)
Resolution No. 2015 -013 Exhibit A 1/8/2015 6:13 PM F lC
36-
EXHIBIT A TO MARANA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordinance)
for issues a new permit, the user shall pay damages and costs incurred by the
town in revoking the permit and disconnecting the industrial sewer.
14-10--21 Emergency termination of service
A. The director may suspend wastewater treatment service to any person when
it is necessary to stop an actual or threatened discharge that presents or may
present any imminent and substantial endangerment to the health or welfare
of persons or the environment, or will cause Interference to the POTw.
B. A person notified of the suspension of wastewater treatment service shall
immediately stop or eliminate the discharge.
1. If the person fails to comply with the suspension notification, the director
shall take necessary steps, including immediate severance of the sewer
connection, to prevent or minimize damages to the POTw, endangerment
to individuals or the environment.
2. The director may reinstate wastewater treatment service upon proof of
the elimination of the noncompliant discharge.
C. Nothing in this section shall be interpreted as requiring a show cause hearing
prior to any emergency termination of service under this section.
14-10 -22 User enforcement appeal.
A user may appeal any enforcement action to the council by filing a request with
the town clerk.
14-10 -23 Liability of user
Any user who discharges or causes the discharge of wastewater which causes
damage to the POTw, interference, pass - through, upset, bypass or SSO or any
other damages resulting in costs to the POTw shall be liable for all damages oc-
casioned thereby.
14- 10.24 Judicial proceedings
A. Initiation of legal action. whenever the director finds that a user has violated
any provision of this chapter, the director may request the towns legal de-
partment to take appropriate legal action. The town's legal department is au-
thorized to take legal action to enforce this chapter. This legal action may in-
clude, among other things, one or more of the following:
1. Prohibitive injunctions.
2. Mandatory injunctions for corrective action and cleanup.
3. Civil penalties in accordance with this chapter and A.R.S § 49 -391.
4. Criminal penalties pursuant to paragraph 14- 10.24 B. 3 below.
00034743. DOCX 12 )
Resolution No. 2015 -013 Exhibit A 1/8/2015 6:13 PM FJC
37w
EXHIBIT A TO MARANA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordinan
5. Recovery of civil damages, penalties, and costs to the PoTw;
6. Recovery of expenses experienced by the POTw in responding to or re-
pairing damages for which the user is liable under section 14 -10 -23 above.
B. Civil and criminal penalties for violation.
1. Except as set forth in subparagraph 14- W10 -24 B. 2 below, civil penalties for
violation of any article of this chapter, any part of a permit written and is-
sued in compliance with this chapter, or any requirement of a notification
of violation issued in compliance with this chapter, shall not exceed
25,000 for each violation. For continuing violations, each day constitutes
a separate offense.
2. Civil penalties for non- submittal of reports, noncompliance with the re-
porting or application requirements required in this chapter or permit, or
failure to complete an increment of progress of a compliance schedule,
shall not exceed $1,000 for each day the requirements are not satisfied.
3. Any person who attempts to deceive a government agency by submitting
documents to the agency or by making statements to a representative of
the agency which the person knows to be false, or by destroying or con-
cealing or refusing to deliver papers or records required by the agency to
be kept for its information, is subject to prosecution for tampering with a
public record, or fraudulent schemes and practices. Tampering with a
public record is a class 6 felony (A.R.S. § 13- 2407), and carries a maximum
penalty of 1.5 years imprisonment and/or a $150,000.00 fine. Fraudulent
schemes and practices is a class 5 felony (A.R.S. § 13- 2311), and carries a
maximum penalty of 2.0 years imprisonment and /or a $150,000.00 fine.
14 -10 -25 Levels of action
A. Enforcement of judicial action. Participation in any communication concern- -
ing violations will not exempt a user from formal enforcement or judicial ac-
tion.
B. written permission requirement. All final determinations from the director
will be in writing.
C. Separate actions. Any judicial proceedings initiated to enforce a violation of
any section of this chapter shall not exempt a user from judicial proceedings
to enforce a violation of any other provision of this chapter.
14-10.26 Notices
Any notice required to be given by the director under this chapter shall be in
writing and served *in person or by certified mail, return receipt requested. The
notice shall be served upon a representative of the user, at the last address
known to the director, or the occupants or owners of record of the property
where the alleged violation occurred.
04034743.DOC:X 12 )
Resolution No. 2015-013 Exhibit A. 1/8/2015 6:13 PM FJC
38-
EXHIBIT A TO MARANA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordinance)
14.10.27 Time limits
Any time limit provided in any written notice or in any provision of this chapter
or in any regulation adopted by the utilities department to carry out the provi-
sions of this chapter shall be extended only by written directive of the director, in
response to a written request of the affected user containing adequate justifica-
tion for the extension of the time limit.
14-10-28 Severability
If any provision of this chapter is invalidated by judicial action, the remaining
provisions shall not be affected and shall continue in full force and effect.
14- 10.29 Hazardous waste discharge
A. The user shall notify the POTW and A.DEQ waste management division in
writing of any discharge into the POTW of a substance, which, if otherwise
disposed of, would be a hazardous waste under 40 CFR § 261.
B. The user shall make notification of any hazardous waste discharges. By lack
of this notification, the user is asserting that it is not discharging a waste that,
if otherwise disposed of, would be considered a hazardous waste as defined
by 40 CFR 261. The user shall comply with 40 CFR § 403.12(p), which sets
forth reporting and notification requirements for the discharge into the
POTW of a substance which, if otherwise disposed of, would be defined as a
hazardous waste by 40 CFR § 261.
C. At no point shall discharge covered by this domestic sewer exclusion for dis-
charge of hazardous waste exceed the local discharge limits set forth in sec-
tion 14 -10 -5 above.
14 -10 -30 Grease management program
A. Statement of policy.
1. The utilities department is authorized to determine the compliance status
of food service facilities (FSF) where fats, oils and grease (FOG) of vege-
table or animal origin are discharged directly or indirectly to the POTW.
These discharges can contribute to line blockages or sanitary sewer over-
flows.
2. For the purpose of this chapter and pretreatment requirement determina-
tion, FSFs are defined as those facilities required by applicable state or lo-
cal health regulations to install and utilize a manual ware -- washing three
compartment sink.
3. The purpose of these rules is to set forth uniform requirements for all
food service facilities that discharge into any public or private collection
system connected to the POTW.
00034743.DOCX 12)
Resolution No. 2015 -013 Exhibit A 1/8/2015 6:13 PM FJC
39-
EXHIBIT A TO MARANA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordinance)
a. Any new FSF or existing facility making a modification requiring the
submittal of plans for construction or tenant improvements must
meet the requirements of the grease management program set forth in
this section.
b. Facilities without pretreatment, or whose grease -- bearing wast-
estreams are not connected to a pretreatment device, must upgrade
their system to the requirements of the grease management program
set forth in this section or obtain an industrial wastewater discharge
permit.
4. An existing facility that was built in conformance with standards in the
then- applicable plumbing code need not bring current its pretreatment
system unless the director finds that the facility caused or contributed to
grease accumulation in the line or odor generated by grease accumula-
tion.
B. Operation and maintenance of pretreatment devices.
1. All pretreatment devices shall be maintained in efficient operation at all
times by the owner or operator at their expense.
2. Food service facilities are required to have a suitable and adequate pre-
treatment device, and must regularly inspect, clean and maintain the de-
vice in accordance with the grease management program set forth in this
section or in the manufacturer's recommendations for the device.
3. In maintaining pretreatment devices, the owner/ operator shall be re-
sponsible for the proper removal and disposal of the captured material
and shall maintain records of the dates, name of person/ company, and
the amount of material removed.
4. Pretreatment device maintenance performed by liquid waste haulers shall
consist of removing the FOG, solids and water from the device and
properly disposing of the material in accordance with all federal, state
and local laws. Proper maintenance practices include evacuating the en-
tire contents in the following manner:
a. Remove f loatable FOG material;
b. Remove settled solids;
c. Remove and scrape baffles, baffle slots, interior walls and other de-
tachable components;
d. Remove remaining FOG, solid material and water ( "pump -in-full" —
no "skimming " ); and
e. Reinstall all components removed during the cleaning process.
5. Under no circumstances shall any liquid removed from any pretreatment
device be placed back into any pretreatment device.
00034743. DoCX 12 )
Resolution No. 2015 -013 Exhibit A 1/8/2015 6:13 PM FJC
40-
EXHIBIT A TO MARANA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordinance)
C. Hydromechanical and gravity grease interceptor and other alternative pre--
treatment device design criteria. Pretreatment devices shall be designed and
installed it1 accordance with the sizing criteria found in this paragraph. A
sampling port/box/T, which will accommodate the collection of a valid oil
and grease sample, shall be included on all pretreatment device installations.
1. I iydromechanical. grease interceptors (HGI), which are generally installed
inside, may be used when there are four or fewer fixtures.
a. The minimum size HGI installed shall be rated no less than 25 gallons
per minute with a 50 pound grease retention capacity.
b. A flow control device shall be installed so that the flow through the
device shall at no time be greater than the rated flow.
c. If a dishwasher or food waste disposal unit is used in the facility, an
HGI cannot be used and an appropriately sized GGI or alternative
pretreatment device capable of accepting these wastes must be in-
stalled.
d. Each HGI must be cleaned at least monthly.
e. An HGI located indoors should be cleaned during non-business hours
to prevent objectionable odors/ germs from being released into the fa-
cility.
2. A gravity grease interceptor (GGI) is typically installed outside and in the
ground when a FSF has greater than four fixtures, or when dishwasher or
food waste disposal units are used in the facility.
a. The minimum sized GGI to be installed shall be 300 gallons.
b. A GGI shall be installed so that it is easily accessible for inspection,
cleaning and the removal. of FOG and solid material.
c. A GGI shall meet the following minimum criteria:
i. No obstruction to prevent the proper access and cleaning of the
GGI.
ii. Access covers located such that the influent and effluent sanitary
T" and compartment transition points (if applicable) are accessi-
ble for proper cleaning and inspection.
iii. An access cover for each chamber and constructed with the ap-
propriate traffic rating.
d. The GGI must be pumped --in -full at least every six months or when
the total accumulation of surface FOG (including floating solids) and
settled solids reaches 25% of the GGI's overall depth.
e. The GGI shall be sized to meet the following equation: V(min) = F x R
x
00034743. DOCX 12 1
Resolution No. 2015-013 Exhibit A 1/8/2015 6:13 PM FJC
41-
EXHIBIT A TO MARANA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordinance)
Where:
V(min)= minimum gravity grease interceptor operating volume, in
gallons
F =flow rate (maximum), in gallons per minute
R= retention time of 30 minutes
S =storage factor of 25%
Thus: V(min) = F x 30 x 1.25
f. To calculate flow rate (F), use drainage fixture units (DFU) values
found in the accompanying GGI fixture counts tables. The flow rate
shall be determined based on the total flow rate from all equipment
and plumbing fixtures connected to the gravity grease interceptor us-
ing one of the following equations:
i. Drainage Fixture Units less than or equal to 40: F = (0.8 x DFU)
ii. Drainage Fixture Units greater than 40: F = (0.3 x DFU) + 20
a) Where: DFU = drainage fixture units, defined by the accom-
panying GGI fixture counts tables.
GGI fixture counts tables
DFUs for food service facilities
Fixture type DFU value
2- Compartment Sink 2
3- Compartment Sink 3
Automatic Dishwasher greater than 2 inch Drain 6
Automatic Dishwasher less than 2 inch Drain 3
Food Prep Sink 2
Food Waste Grinder 4
Hand Sink 1
Mop Sink/M.op Basin 2
Pre -Rinse Sink 3
Pre -Rinse Sink w /Food Waste 4
Rotisserie w /Drain 3
Tilt Soup Kettle 3
Wok Stove 4
For fixtures trot listed, use table 709.2 of the 2012 international plumbing code
DFUs for fixture drains or traps
Fixture drain or trap size DFU value
00034743.DOCX 12)
Resolution No. 2015013 Exhibit A 1/8/2015 6:13 1'M FJC
42-
EXHIBIT A TO MARANA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordinance)
3. If an alternative pretreatment device Is used instead of an HGI or GGI,
the design must be submitted to the director for prior approval. The in-
formation submitted to the director must Include, but not be limped to,
the number of DFUs the device is going to service, and the manufactur-
er's recommended sizing criteria.
4. The introduction of emulsifying agents such as chemicals, solvents or en-
zymes, either directly or Indirectly into the pretreatment device, other
than what is considered typical business operational practices such as
dishwashing or sanitation, is strictly prohibited.
5. Products that reduce FOG, such as bacteria, may be used in the pretreat-
ment device, in addition to the regular maintenance program, but shall
not be a consideration u1 determining sizing or maintenance frequency.
D. Fats, oils and grease sources.
1. All fixtures, equipment and drain lines located In a facility's food prepa-
ration or clean --up areas, which are sources of FOG, shall be connected to
a pretreatment device except as outlined in section 14-10 -30 above.
a. Dishwashers or other fixtures discharging emulsifying agents, such as
detergents, should be located such that their potential to adversely
impact the operation is minimized.
00034743 . DOC X 12 )
Resolution No. 201.5-013 Exhibit A. 1/8/2015 6:13 PM FJC:
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GGI fixture counts tables
DFUs for food service facilities
Fixture type D FU value
1 '/2 inches I
1 '/z inches 2
2 inches 3
2 % inches 4
3 inches 5
4 inches 6
GGI sizing summary
Number of DFUs Minimum size (gallons)
Up to 10 DFUs 300
11 -16 DFUs 500
17 -25 DFUs 750
26 -33 DFUs 1000
34 -44 DFUs 1250
45 -66 DFUs 1504
67 -111 DFUs 2000
112 or more DFUs Contact director
3. If an alternative pretreatment device Is used instead of an HGI or GGI,
the design must be submitted to the director for prior approval. The in-
formation submitted to the director must Include, but not be limped to,
the number of DFUs the device is going to service, and the manufactur-
er's recommended sizing criteria.
4. The introduction of emulsifying agents such as chemicals, solvents or en-
zymes, either directly or Indirectly into the pretreatment device, other
than what is considered typical business operational practices such as
dishwashing or sanitation, is strictly prohibited.
5. Products that reduce FOG, such as bacteria, may be used in the pretreat-
ment device, in addition to the regular maintenance program, but shall
not be a consideration u1 determining sizing or maintenance frequency.
D. Fats, oils and grease sources.
1. All fixtures, equipment and drain lines located In a facility's food prepa-
ration or clean --up areas, which are sources of FOG, shall be connected to
a pretreatment device except as outlined in section 14-10 -30 above.
a. Dishwashers or other fixtures discharging emulsifying agents, such as
detergents, should be located such that their potential to adversely
impact the operation is minimized.
00034743 . DOC X 12 )
Resolution No. 201.5-013 Exhibit A. 1/8/2015 6:13 PM FJC:
43-
EXHIBIT A To MARANA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordinanc
b. All wastestreams containing FOG within FSF shall be directed to a
pretreatment device.
2. The following types of equipment or fixtures have been identified as
sources of FOG and shall be connected to a pretreatment device (with ap-
plicable exceptions and supplemental requirements noted for the respec-
tive device):
i. Pre -rinse and or pre -wash sinks.
ii. Two, three or four compartment sinks.
iii. Meat prep sinks.
iv. Wok stoves.
v. Kitchen floor drains.
vi. Floor sinks.
vii. Mop sinks. Depending on the use of the mop sink, the require -
ment to drain through a pretreatment device may be the subject of
a variance from the director under section 14 --10 -9 above.
viii. Food prep sinks.
ix. Hand wash sinks. A hand wash sink located in the kitchen area
shall either discharge through a pretreatment device or have a
sign posted above it stating clearly in all employees' primary lan-
guages: "HANDWASH SINK ONLY! NO FOOD PREPARATION
OR DISHWASHING ALLOWED."
x. Dishwashers.
xi. Self cleaning ventilation/ exhaust hood.
xii. Food waste disposal units. Discharges from food waste disposal
units must drain through a minimum 3/8 inch screen or solids
separator prior to the pretreatment device.
E. Best management practice requirements. Best management practices (BMPs)
are policies, practices, or procedures implemented to ami.tigate the adverse ef-
fects of FOG. All FSFs must develop and implement BMPs which, at Im*ni-
mum, shall include the following:
1. Pouring all grease and oil from pots and pans into a waste grease con-
tainer stored in close proximity to the pot washing sink and not down the
drain.
2. Scraping off of all solids or FOG on plates, pots and pans into the garbage
can.
t 00034743 DOCX 12 }
Resolution No. 2015 -013 Exhibit A. 1/8/2015 6:13 PM FJC
44-
EXHIBIT A TO MARANA RESOLUTION No. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 20 15.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordin
3. Pre - washing plates with cold water over a small screened catch basin po-
sitioned over the drain and disposing the contents of the catch basin in a
garbage can.
4. Disconnecting all food waste disposal devices, unless the discharge is
screened or goes through a solids separator prior to discharge.
5. The posting of signs above vegetable prep sinks not protected by a grease
pretreatment device, stating clearly in all employees' primary languages
languages. "NO WASI -SING of POTS, PANS, DISHES OR UTENSILS ---
VEGETABLE PREP SINK ONLY."
6. Periodic training of current and new employees regarding the effective
use of the BMPs.
F. Record - keeping requirements.
1. All pretreatment device maintenance, compliance reports and related cor-
respondence must be retained on -site by the user for a minimum of three
years.
a. A separate maintenance log shall be maintained on -site for each de-
vice.
b. Maintenance logs shall include all of the following information;
i. Device location and volume.
ii. Maintenance dates.
iii. Volume removed in gallons.
iv. The name of the company and the person performing the mainte-
nance.
v. Identification of the facility where the material was disposed.
2. Records associated with waste cooking oil collection and disposal shall be
kept on-site by the user for a minimum of three years. Waste cooking oil
collection logs shall include all of the following information:
a. Collection date.
b. Volume collected in gallons.
c. The name of the company and the person performing the collection.
d. The disposal methods.
3. Records of compliance with BMP training shall be maintained by each
FSF.
00034743. DOCx / 2 )
Resolution No. 2015 -013 Exhibit A 1/8/2015 6:13 PM FJC
45-
EXHIBIT A TO MARANA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordinance)
14 -10 -31 Satellite collection systems
A. Applicability. All entities owning or operating a satellite collection system
shall comply with the requirements of this section.
B. Publicly -owned satellite collection systems. A satellite collection system un-
der control of a separate jurisdictional governmental agency or native Ameri-
can nation shall enter into an agreement with the town that addresses the fol-
lowing requirements:
1. Agreement by the contributing jurisdiction to adopt a pretreatment sewer
use ordinance that is no less stringent than the town's ordinance.
2. Compliance with industrial wastewater ordinance requirements by in-
dustries that would be subject to the town's ordinances if they discharged
to the collection system owned and operated by the town. Specifically,
the contributing jurisdiction shall agree to adopt local limits for industrial
discharges into its collection system that are at least as stringent as the
town's local limits, or should agree to a specific maximum total mass
loading of pollutants for discharge to the town's POTw.
3. Indication of whether the contributing jurisdiction. or the town is respon-
sible for issuing control mechanisms to industrial users located within the
contributing jurisdiction. If joint control mechanisms are to be issued, the
agreement should indicate which party will take the lead in preparing the
draft control mechanisms.
4. Agreement by the contributing jurisdiction to providing the town access
to all records compiled as part of the contributing jurisdiction's pretreat-
ment program activities, including notice to the town of key activities
such as enforcement actions and permit issuances.
5. Granting the town the power to enter into the facilities of industrial users
to periodically verify compliance with applicable pretreatment standards
and requirements. Procedures and responsibility for conducting inspec-
tions and other compliance evaluation activities should be established
explicitly.
6. Agreement as to whether the contributing jurisdiction or the town has
primary responsibility for enforcing pretreatment standards and re-
quirements against industrial users located within the contributing juris-
diction. If the contributing jurisdiction has primary responsibility for en-
forcing the ordinance, the agreement should specify that the town can en-
force if the contributing jurisdiction falls to do so.
7. where it has primary responsibility for permitting, compliance monitor-
ing, and/or enforcement, the contributing jurisdiction should agree that
the town has the right to take legal action as necessary to enforce the
terms of the agreement and/or to take action directly against noncompli-
00034743.DOCX 12)
Resolution No. 2015 -013 Exhibit A 11$12015 6:13 PM FJC
46-
EXHIBIT A TO MARANA RESOLUTION NO. 2015 -013
Amendments to Marana Town Code adopted pursuant to Marana
Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding
Chapter 14 -10 (Industrial wastewater ordinance)
ant *industrial users in the event that the contributing municipality is una-
ble or unwilling to do so. The agreement should also provide for reme -
dies available against the noncomplying municipality, including indem-
nification and specific performance of pretreatment activities.
8. If no industrial users are located within the contributing jurisdiction, or if
the only existing nondomestic users are light commercial establishments,
the agreement should state:
a. No industrial users are currently located within the contributing ju-
risdiction, and
b. No industrial users shall be allowed to operate unless prior notifica-
tion is provided to the town and a new agreement is entered into ad-
dressing implementation and enforcement of the pretreatment pro-
gram.
9. operation of the contributing jurisdictions collecting system so as to
comply with the requirements of the town's CMOM permit.
10. Prevention or reduction to the extent possible of stormwater or infiltra-
tion of groundwater from entering the towns sewer collection system.
11. Notification of new connections to the towns sewer collection system,
and assurance of compliance with the town's capacity assurance pro-
gram.
12. Assurance of the payment of town - adopted connection and user fees.
13. Provision for spill -- reporting systems.
14. operations and maintenance provisions that protect the system, includ-
ing proper operations and maintenance as required by 40 CFR
122.41(d).
15. Reporting of unpermitted discharges from satellite systems to waters of
the United States or storm sewer systems owned or controlled by the
town.
16. All reasonable steps to minimize or prevent any discharge in violation of
the town's permit that have a reasonable likelihood of adversely affecting
human health or the environment.
00034743.DOCX 12)
Resolution No. 2415 -013 Exhibit A 1181201.5 6:13 I'M HJC
47-
r:
F. ANN RODRIGUEZ, RECORDER
Recorded By: KSH
DEPUTY RECORDER
4934
SMARA
TOWN OF MARANA
PICKUP
1Zo
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SEQUENCE: 20150230161
NO. PAGES: 51
ORDIN 01/23/2015
10:59
PICK UP
AMOUNT PAID: $30.00
MARANA ORDINANCE NO, 2015.004
RELATING TO UTILITIES; AMENDING TOWN CODE TITLE 14 (UTILITIES) BY
ADDING CHAPTER 14 -10 (INDUSTRIAL WASTEWATER ORDINANCE)
WHEREAS the Town Council is authorized by A.R.S. § 9 -240, among other things, to
construct and maintain sewers ant prevent and punish for any obstruction of or to sewers; to
adopt regulations to prevent and suppress the introduction or spread of contagious or infectious
diseases; and to define, abate, and remove nuisances, and punish those who commit nuisances;
and
WHEREAS the Town Council finds that regulating industrial waste received by the
towns wastewater utility in the manner set forth in this industrial wastewater ordinance is
consistent with best management practices and is generally consistent the practices and
regulations adopted by Pima County for its wastewater facilities; and
WHEREAS the Town Council finds that revising Title 14 (Utilities) of the Marana Town
Code to add Chapter 14 -10 (Industrial wastewater ordinance) is in the best interests of the Town
and its residents.
Now, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
SECTION 1. The amendments to Marana Town Title 14 (Utilities) adding Town Code
Chapter 14 -10 (Industrial wastewater ordinance), three copies of which are on file in the office of
the Town Clerk of the Town of Marana, Arizona, which were made a public record by and
attached as Exhibit A to Resolution No. 2015 -013 of the Town of Marana, Arizona, are hereby
referred to, adopted and made a part of this ordinance as if fully set out here.
SECTION 2. The following penalty clauses are included in Chapter 14 -10 as adopted
pursuant to this ordinance:
14 -10 -24 Judicial proceedings
A. Initiation of legal action. whenever the director finds that a user has violated
any provision of this chapter, the director may request the town's legal
department to take appropriate legal action. The town's legal department is
authorized to take legal action to enforce this chapter. This legal action may
include, among other things, one or more of the following:
1. Prohibitive injunctions,
2. Mandatory injunctions for corrective action and cleanup.
Ordinance No. 2015.004 12/29/2014 2:33 PM F.IC
3. Civil penalties in accordance with this chapter and A.R.S § 49 -391.
4. Criminal penalties pursuant to paragraph 14 -10 -24 E below.
5. Recovery of civil damages, penalties, and costs to the [publicly owned
treatment works (Parw)i;
6. Recovery of expenses experienced by the POTw in responding to or
repairing damages for which the user is liable under section 14 -10 -23
above.
B. Civil and criminal penalties for violation.
1. Except as set forth in subparagraph 14 -10 -24 B. 2 below, civil penalties for
violation of any article of this chapter, any part of a permit written and
issued in compliance with this chapter, or any requirement of a notification
of violation issued in compliance with this chapter, shall not exceed
25,000 for each violation. For continuing violations, each day constitutes a
separate offense.
2. Civil penalties for non - submittal of reports, noncompliance with the
reporting or application requirements required in this chapter or permit, or
failure to complete an increment of progress of a compliance schedule, shall
not exceed $1,000 for each day the requirements are not satisfied.
3. Any person who attempts to deceive a government agency by submitting
documents to the agency or by making statements to a representative of the
agency which the person knows to be false, or by destroying or concealing
or refusing to deliver papers or records required by the agency to be kept for
its information, is subject to prosecution for tampering with a public record,
or fraudulent schemes and practices. Tampering with a public record is a
class 6 felony (A.R.S. § 13- 2407), and carries a maximum penalty of 1.5
years imprisonment and/or a $150,000.00 fine. Fraudulent schemes and
practices is a class 5 felony (A.R.S. § 13-2311), and carries a maximum
penalty of 2.0 years imprisonment and/or a $150,000.00 fine.
SECTION 3. The various town officers and employees are authorized and directed to
perform all acts necessary or desirable to give effect to this ordinance.
SECTION 4. All ordinances, resolutions, or motions and parts of ordinances, resolutions,
or motions of the Council in conflict with the provisions of this ordinance are hereby repealed,
effective as of the effective date of this ordinance.
SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, the decision shall not affect the validity of the remaining portions of this
ordinance.
SECTION 6. This ordinance shall become effective on February 20, 2015.
Ordinance No. 2015.004 -2- 12/29/2014 2:33 PM FJC
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE Tow-N OF MARANA,
ARIZONA, this 20"' da of Januar 2015.
toll-
l2 IA
Ma Ed Honea
ATTEST:
Jocel Bronson, Town Clerk
1
9
W N 00
t QN
APPROVED AS TO FORM:
r Casd Atto
Ordinmice No. 2015.004 -3 - 12/29/2014 2:33 PM FJC