The purpose of this Chapter is to set forth uniform requirements for the direct and indirect use of the wastewater collection and treatment system of the City in order to comply with all applicable State and Federal standards that are established in accordance with the Clean Water Act of 1977, the General Pretreatment Regulations (40 CFR Part 403) and all related and applicable Federal regulations and grant conditions, as they are now constituted or as they may hereafter be amended or recodified.
(Ord. 3447 § 2, 1989)

The objectives of this Chapter are to:
(A) Provide for the beneficial public use of the system through the regulation of the construction and use of sewers;
(B) Prevent the introduction of pollutants into the system which will interfere with the operation of the system or contaminate the resulting wastewater or sludge, or both;
(C) Prevent the introduction of pollutants into the system which will pass through the system inadequately treated or will be incompatible with the system;
(D) Improve the opportunity to recycle and reclaim wastewater and sludge from the system;
(E) Provide for the equitable distribution of the total cost of the system and all of the related programs through the establishment of fair and equitable fees, charges, assessments and penalties;
(F) Regulate, through the issuance of permits to certain users and through the enforcement of general requirements for all users, users whose wastewaters are discharged directly or indirectly into the system;
(G) Provide for monitoring and enforcement activities;
(H) Establish civil, administrative and criminal penalties for violations of the provisions of this Chapter;
(I) Provide procedures for complying with the requirements that are placed upon the City by other governmental agencies; and
(J) Conform with the policies of the agencies of the State and Federal governments concerning the requirements that:
(1) Relate to the proper design and construction of all wastewater collection and treatment facilities, including without limitation connections to the system;
(2) Prohibit the introduction of toxic, hazardous and incompatible pollutants into the system; and
(3) Prohibit any new connection from an inflow source into the system.
(Ord. 3713 § 1, 1993: Ord. 3447 § 81, 1989)

This Chapter provides for the regulation of the degree of waste pretreatment that is required, the issuance of permits for wastewater discharges into, and connections to, the system and other miscellaneous permits and the establishment of penalties for any violation of this Chapter.
(Ord. 3447 § 83, 1989)

This Chapter applies to persons within the City and to persons outside the City who are, by permit, contract or agreement with the City, users of the system. Except as may be otherwise provided in this Chapter, the director shall administer, implement and enforce the provisions of this Chapter.
(Ord. 3447 § 84, 1989)

Except where the context otherwise requires, the definitions that are provided in this Section govern the construction of this Chapter; provided, however, if any of such definitions conflict with the definition of the corresponding word or term in any Federal or State law or regulation, the definition that is contained in such law or regulation shall prevail.
(1) “Act” means the Federal Water Pollution Control Act Amendments of 1972 and any amendment thereto, including without limitation the Clean Water Act of 1977, together with all guidelines, limitations and standards that are promulgated by the EPA pursuant to that act.
(2) “Authorized representative of the user” means an authorized representative of a user, who may be:
(a) A principal executive officer of at least the level of vice-president, if the user is a corporation;
(b) A general partner or proprietor if the user is a partnership or a sole proprietorship, respectively; or
(c) A duly authorized representative of an individual designated in paragraph (a) or (b) of this Subsection, if such representative is responsible for the overall operation of the facilities from which an indirect discharge of the user originates.
(3) “Biochemical oxygen demand” or “BOD” means the quantity of oxygen, expressed in milligrams per liter, utilized in the biochemical oxidation of organic matter, as determined in accordance with the appropriate procedures that are set forth in 40 CFR Part 136.
(4) “Bypass” means the intentional diversion of wastestreams from any portion of an industrial user’s pretreatment facility.
(5) “Cesspool” means an excavation in the ground that is made for receiving wastewater and is so constructed that the solid matter is retained and the liquid portion is permitted to seep away.
(6) “CFR” means the Code of Federal Regulations.
(7) “Chemical oxygen demand” or “COD” means the measurement of wastewater strength in terms of the total quantity of oxygen that is required for the oxidation of organic matter, as determined in accordance with the appropriate procedures that are set forth in 40 CFR Part 136.
(8) “Chlorine demand” means the difference between the amount of chlorine that is added to a wastewater sample and the amount that remains at the end of a thirty-minute period, as determined in accordance with the appropriate procedures that are set forth in 40 CFR Part 136.
(9) “Compliance determination” means the sampling and analysis conducted on specific industrial wastes to ascertain compliance with LVMC 14.17.080 to 14.17.135, inclusive, or with any more stringent applicable Federal or State pretreatment standards.
(10) “Compliance schedule” means the period that is allowed by the City in which an industrial user must comply with its permit conditions or discharge requirements.
(11) “Composite samples” means a combination of individual samples of wastewater that are taken at hourly or selected intervals in order to minimize the variability of each individual sample. Individual samples may be combined in quantities that are proportional to the flow at the time of the sampling.
(12) “Cooling water” means the water that is discharged from any use, such as air conditioning, cooling or refrigeration or to which the only pollutant that is added is heat.
(13) “Demand monitoring” means any flow measurement, sampling and analysis that is required as a result of accidental, toxic or shock loads on the system.
(14) “Director” means the Director of Public Works of the City or his authorized agent or representative.
(15) “Discharge” means the introduction of wastewater into the system.
(16) “Discharger” means any person who discharges wastewater into the system or otherwise allows wastewater to enter the system.
(17) “Dissolved solids,” “dissolved matter” or “total dissolved solids” means the solid matter in solution in the wastewater and shall be determined by the evaporation of a wastewater sample from which all suspended matter has been removed by filtration, as determined in accordance with the appropriate procedures that are set forth in 40 CFR Part 136.
(18) “Domestic wastewater” means wastewater discharged by residences, commercial establishments, industries and other dischargers that is similar to wastewater discharged by ordinary residences. The phrase includes wastewater containing human excretions, household cleaning wastes, household food wastes, and wastes from household drain-cleaning products specifically designed to be introduced into the system (so long as they are used in accordance with directions on the product label). The phrase excludes process wastewater from any business or industrial process, ground garbage and food wastes from restaurants and other commercial food vendors, and hazardous materials from residences and other users except as otherwise provided in this definition.
(19) “Effluent” means the liquid outflow from any treatment plant or facility that is designated to treat, convey or store wastewater, liquid waste or industrial waste.
(20) “EPA” means the United States Environmental Protection Agency, and, when it is appropriate, the Administrator thereof or any other duly authorized official of that agency.
(21) “Fee” means any charge that is made to a user of the system and shall include without limitation occupancy fees for sewer connections by new customers, monthly sewer user charges, industrial or liquid waste permit fees, use charges, unusual industrial waste charges, testing laboratory charges and oversize sewer charges.
(22) “Garbage” means the putrescible animal and vegetable wastes that result from the handling, preparation and dispensing of food.
(23) “Grab sample” means a liquid sample that is taken as a representative flow at any given instant.
(24) “Gravity separation interceptor” means any facility that is designed, constructed and operated for the purpose of removing and retaining dangerous, deleterious or prohibited constituents from wastewater by differential gravity separation before its discharge into the system.
(25) “Grease” means without limitation waxes, fats, oils and other nonvolatile materials as determined in accordance with the appropriate procedures that are set forth in 40 CFR Part 136.
(26) “Grease trap” means a device that is designed and installed in such a manner as to separate and retain grease, and, at the same time, permitting normal wastewater to be discharged into the system.
(27) “Ground garbage” means the residue from the handling, preparation and dispensing of food that has been shredded to such a degree that all particles will be carried freely in suspension under the flow conditions that normally prevail in the system and contains no particle greater than one-half inch in any dimension.
(28) “Holding tank waste” means any waste from a holding tank, such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum pump tank trucks.
(29) “Industrial connection sewer” means the sewer that connects a building sewer or building waste drainage system to the system for the purpose of discharging industrial wastes into the system.
(30) “Industrial user” means:
(a) Any user who discharges industrial wastewater into the system; or
(b) Any user who is subject to regulations promulgated in accordance with Section 307(b), (c), (d) of the Act.
(31) “Industrial wastewater” means any wastewater that is not domestic wastewaster or stormwater.
(32) “Inflow source” means any building, structure, facility or installation from which water, other than wastewater, enters the system from sources, including without limitation roof leaders, cellar drains, yard drains, area drains, foundation drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and the system, catch basins, cooling towers, stormwaters, surface runoff, street wash waters and drainage.
(33) “Inspector” means the person who is authorized by the Director to inspect wastewater generation, conveyance, processing and disposal facilities within the City.
(34) “Interference” means a discharge which, either alone or by interaction with other discharges, inhibits or disrupts the system, its treatment processes or operations or its sludge processes, use or disposal and is therefore a cause of a violation of any requirement of the City’s NPDES permit, including without limitation any increase in the magnitude or duration of a violation, or of the prevention of the use or disposal by the City of sludge in accordance with the following statutory provisions and regulations: Section 405 of the Act, the Solid Waste Disposal Act (including Title II, more commonly referred to as the Resource Conservation and Recovery Act and including State regulations that are contained in any State sludge management plan that is prepared pursuant to Subtitle D of the Solid Waste Disposal Act), the Clean Air Act, the Toxic Substances Control Act and the Marine Protection, Research and Sanctuaries Act, or in accordance with any permit that is issued under any
of such provisions or regulations or under any more stringent State or local regulations.
(35) “Lower explosive limit” means the minimum concentration of a combustible gas or vapor in air (usually expressed in percent by volume at sea level) which will ignite if an ignition source (sufficient ignition energy) is present.
(36) “Mass emission rate” means the weight of the material that is discharged into the system during any given period.
(37) “Micrograms per liter (ug/L)” means a unit of the concentration of a water or wastewater constituent. It is one microgram of the constituent in one liter of water. It approximates parts per billion (ppb) when reporting the results of water and wastewater analysis.
(38) “Milligrams per liter (mg/L)” means a unit of the concentration of a water or wastewater constituent. It is one milligram of the constituent in one liter of water. It approximates parts per million (ppm) when reporting the results of water and wastewater analysis.
(39) “National Categorical Pretreatment Standard” means any regulation which sets forth pollutant discharge limits that are promulgated by the EPA in accordance with Section 307(b), et seq., of the Act which applies to a specific category of industrial users.
(40) “NPDES permit” means a permit that is issued pursuant to the National Pollutant Discharge Elimination System program.
(41) New Source.
(a) “New source” means any building, structure, facility or installation from which there is or may be a discharge, the construction of which commenced after the publication of proposed pretreatment standards pursuant to Section 307(c) of the Act which will be applicable to such source if such pretreatment standards are thereafter promulgated in accordance with said Section if:
(i) The building, structure, facility or installation is constructed at a site at which no other source is located;
(ii) The building, structure, facility or installation totally replaces the process or production equipment that causes a discharge at an existing source; or
(iii) The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether or not the new building, structure, facility or installation is substantially independent from the existing source, certain factors, including without limitation the extent to which such new facility is engaged in the same general type of activity as the existing source, should be considered.
(b) “New source” does not include construction on a site at which an existing source is located if such construction does not create a new building, structure, facility or installation of the type that is described in subparagraph (ii) or subparagraph (iii) of paragraph (a) of this Subsection but otherwise alters, replaces or adds to the existing process or production equipment.
(c) For the purposes of this Subsection, the construction of a “new source” is deemed to have commenced if the owner or operator thereof has:
(i) Begun or caused to have begun, as a part of a program of continuous on-site construction that includes:
A. Any placement, assembly or installation of facilities or equipment; or
B. Significant site preparation work, including without limitation the clearing, excavation or removal of existing buildings, structures, facilities or installations, which is necessary for the placement, assembly or installation of new source facilities or equipment; or
(ii) Entered into a binding contractual obligation for the purchase of facilities or equipment that are intended to be used in the operation of such owner or operator within a reasonable time; provided, however, that options to purchase, contracts that can be terminated or modified without substantial loss to such owner or operator and contracts for feasibility, engineering and design studies do not constitute contractual obligations for the purposes of this Section.
(42) “Nuisance” means anything which is hazardous, indecent or offensive to the senses or is an obstruction to the free use of property in such a manner as to interfere with the comfortable and safe enjoyment of life and property.
(43) “Pass through” means a discharge that exits the system into the waters of the State in quantities or concentrations which, alone or by interaction with other discharges, is a cause of a violation of any requirement of the City’s NPDES permit, including without limitation any increase in the magnitude or duration of a violation.
(44) “Peak flow rate” means the periodically determined highest flow rate of wastewater, that is discharged to a public sewer over a period of at least fifteen minutes at any time during the measurement period.
(45) “Person” means any natural or artificial person, male, female or neuter, singular or plural, including without limitation any individual, firm, company, municipal or private corporation, association, society, institution, enterprise or governmental agency or entity.
(46) “pH” means the logarithm (base ten) of the reciprocal of the hydrogen ion concentration, expressed in moles per liter, as determined in accordance with the appropriate procedures that are set forth in 40 CFR Part 136.
(47) “Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of the pollutant
properties in wastewater to a less harmful state prior to, or in lieu of, discharging or otherwise introducing such pollutants into the system.
(48) “Pretreatment facility” means any works or device for the treatment or flow limitation of wastewater prior to its discharge into the system.
(49) “Pretreatment requirement” means any substantive or procedural requirement that is related to pretreatment, other than a pretreatment standard, that is imposed upon an industrial user.
(50) “Pretreatment standard” means any regulation containing pollutant discharge limits that are promulgated by the EPA in accordance with Section 307(b) and/or (c) of the Act and CFR Chapter I, Subchapter N (parts 401 to 471) which applies to industrial users. These include “categorical standards” which establish specific concentration limits for certain pollutants and total prohibitions of other pollutants, as specified in 40 CFR Section 403.5, et seq.
(51) “Radioactive material” means material containing chemical elements that spontaneously change their atomic structure by emitting particles, rays or energy forms in excess of normal background radiation.
(52) “Reclaimed water” means water which, as a result of the treatment of waste matter, is suitable for a direct beneficial use or a controlled use which would not otherwise occur.
(53) “Sampling well” means an approved opening to a building sewer to allow for sampling and flow measurement of the contents of such sewer.
(54) “Sand and oil interceptor” means a device installed in such a manner as to separate and retain sand and oil, and at the same time, permitting normal wastewater to be discharged into the system.
(55) “Sanitary sewer” or “collection system” means a pipe or conduit for carrying wastewater.
(56) “Septic tank” means a watertight receptacle which receives the discharge from a building, sanitary drainage system, or any part thereof, and is designed and constructed in such a manner as to separate the solids from the liquid, digest the organic matter through a period of detention and allow the liquid to be discharged into the soil outside the tank through a system of open joint or perforated piping or a seepage pit.
(57) “Settleable solids” means solids that will settle out of a liquid during a specific period, as determined in accordance with the appropriate procedures that are set forth in 40 CFR Part 136.
(58) “Severe property damage” means substantial physical damage to property, damage to the pretreatment facilities which causes them to become inoperable or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass but does not include the economic loss that is caused by delays in production.
(59) “Sharps” means hypodermic needles, hypodermic syringes, blades and broken glass and, without limitation, includes any device, instrument or other object which has acute rigid corners, edges or protuberances.
(60) “Significant industrial user” means any industrial user which meets the Class I criteria defined in Section 14.17.150.
(61) “Significant noncompliance” means any violation of this Chapter which meets one or more of the following criteria:
(a) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;
(b) Technical review criteria (TRC) violations, defined here as those in which thirty-three percent or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);
(c) Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the City determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of City personnel or the general public);
(d) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the City’s exercise of the emergency authority that is granted to it by this Chapter to halt or prevent such discharge;
(e) Failure to meet, within ninety days after the schedule date, a compliance schedule milestone contained in a permit or enforcement order for starting construction, completing construction, or attaining final compliance;
(f) Failure to provide, within thirty days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(g) Failure to accurately report noncompliance; or
(h) Any other violation or group of violations which the City determines will adversely affect the operation or implementation of the local pretreatment program.
(62) “Significant violator” means any industrial user which is found to be in significant noncompliance.
(63) “Sludge” means any wastewater of any type that is generated by a municipal, commercial or industrial wastewater treatment plant, water supply treatment plant or air pollution control facility, other than the treated effluent from a wastewater treatment plant.
(64) “Slug” means any discharge of water, wastewater or industrial waste which, in concentration of any constituent or in quantity of flow, or both, exceeds, for any period longer than fifteen minutes, more than three times the average twenty-four hour concentration or flow, and any pollutant,
including without limitation any oxygen demanding pollutant, which is released in a discharge at a flow rate or in a pollutant concentration, or both, which may cause an interference with the treatment process.
(65) “Standard industrial classification” means a system of classifying industries, as identified in the Standard Industrial Classification Manual, 1972, prepared by the Office of Management and Budget, as the same may subsequently be amended and supplemented from time to time.
(66) “Storm drain” means a conveyance structure for carrying storm and surface waters and drainage water excluding wastewater.
(67) “Stormwater” means uncontaminated water resulting from precipitation; irrigation with drinking water; or clean groundwater.
(68) “Suspended solids,” “suspended matter,” or “total suspended solids” means the solid matter that is suspended in wastewater, as determined in accordance with the appropriate procedures that are set forth in 40 CFR Part 136.
(69) “System” means the wastewater collection and treatment system of the City and, without limitation, includes sewer service connections and all of the facilities that are used by the City for the collection, pumping, transportation, treatment and final disposal of wastewater.
(70) “Total toxic organics” means the summation of all quantifiable values of organic components in 40 CFR, Section 423, Appendix A, in excess of ten micrograms per liter (ug/L).
(71) “Trade secret” means any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data or compilation of information which is not patented but which is known only to certain individuals within a commercial concern who are using it to fabricate, produce or compound an article of trade or service that has a commercial value and which affords the person who possesses the same the opportunity to obtain a business advantage over competitors who do not know of it or use it.
(72) “Uncontaminated water” means any water that is suitable for discharge into the City’s storm drain system.
(73) “Upset” means an exceptional incident in which there is an unintentional and temporary noncompliance with the discharge limitations that are specified in an industrial user’s wastewater contribution permit or this Chapter as the result of factors that are beyond the reasonable control of such industrial user.
(74) “User” means any person who contributes, or causes or permits the contribution of, wastewater into the system.
(75) “Wastewater” means any liquid, solid, gaseous or radioactive waste that enters the system.
(76) “Wastewater contribution permit” means the permit that is described in LVMC 14.17.140, 14.17.145 and 14.17.150.
(77) “Wastewater treatment plant” means an assemblage of devices, structures and equipment for treatment of wastewater.
(78) “Waters of the State” means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the State or any portion thereof.
(Ord. 3713 § 2, 1993: Ord. 3447 §§ 3--80, 1989)

It is declared to be the policy of the City to protect the health, welfare and safety of the residents thereof by constructing, operating and maintaining a system of sewers and liquid waste treatment and disposal facilities that service the homes and commercial and industrial establishments within the City and its environs, as required by State and Federal law. The following basic principles apply to wastewater that is discharged into the system:
(A) The highest and best use of the system is the collection, treatment and reclamation or disposal of domestic wastewater. The use of the system for industrial waste discharges is subject to regulation by the City;
(B) Industry is urged to seek procedures for the recovery and reuse of industrial waste discharges which will satisfy the limitations that are prescribed for industrial discharges, rather than the procedures that are designed solely to meet discharge limitations;
(C) The City is committed to a policy of wastewater renovation and reuse in order to provide an alternate source of water supply and to reduce the overall costs of wastewater treatment and disposal. The renovation of wastewater through wastewater treatment processes may necessitate more stringent quality requirements with respect to industrial waste discharges as the demand for reclaimed water increases. The optimum use of the City’s facilities may require the discharge of wastewaters during periods of low flow into the system in accordance with guidelines that are established by the City;
(D) Provisions are made in this Chapter to regulate industrial discharges, to comply with the State and Federal requirements and policies and to satisfy increasingly higher standards of treatment plant effluent quality and environmental considerations. This Chapter establishes quantity and quality limitations on wastewater discharges in situations in which such discharges may adversely affect the system or the quality of the effluent therefrom, or both. These limitations are intended to improve the quality of wastewater being received for treatment and to encourage water conservation by all of the users who are connected to the system. The intent of the City’s policy is to discourage an increase in the quantity (mass emission rate) of waste constituents that are discharged; and
(E) Methods of cost recovery are established in situations in which industrial discharges impose collection, treatment or disposal costs, or any combination of such costs, on the City which may not be fair and equitable to all users of the system.
(Ord. 3713 § 3, 1993: Ord. 3447 § 82, 1989)

(A) The Director is authorized, empowered and directed to adopt such rules, regulations and standards as may be deemed by him to be reasonably necessary in order to protect the system and to control and regulate the proper use thereof; provided, however, that the terms and provisions of such rules and regulations shall be promulgated in a manner that is reasonably calculated to result in the uniform control of the system.
(B) The Director may classify dischargers by industrial categories and impose an industrial wastewater treatment surcharge that is based upon flow quality and the flow quantity, as provided for by this Chapter.
(C) Any time limit that is provided in any written notice from the Director or in any provision of this Chapter may be extended only by a written directive of the Director.
(D) The Director may perform work of an educational nature and may, for this purpose, cooperate with civic organizations, industries, water agencies, wastewater collection and treatment agencies and other public corporations.
(E) The Director shall have the responsibility of administering, implementing and enforcing all of the provisions of this Chapter. However, any power that is granted to, or duty that is imposed upon, the Director may be delegated by him to any other person who is in the employ of the City’s Department of Public Works and may be confirmed in writing by the City Council upon any other person or persons, whether or not he or they are in the employ of the City.
(Ord. 3713 § 4, 1993: Ord. 3447 §§ 89, 132, 1989)

If wastewater collection and treatment capacity is not available at the City’s wastewater treatment plant, the City may restrict discharge into the system until sufficient capacity can be made available. When it is requested to do so by a potential discharger who desires to locate new facilities within the service area of the system, the City may advise such discharger concerning the areas in which wastewater of the quantity and quality that it is expected to generate can be received by the system. The City may refuse immediate service to any new source that is located in an area in which the expected quantity or quality of wastewater is unacceptable in the system.
(Ord. 3713 § 5, 1993: Ord. 3447 § 85, 1989)

Each user of the system who is subject to this Chapter shall be required to retain records of waste manifests, monitoring results and related wastewater generation and pretreatment activities, whether or not the same are required by this Chapter, for a minimum period of three years. Such records shall be made available for inspection and copying by the Director at any time. The period of retention shall be extended during the course of any unresolved litigation that involves the user or the City, or both, or upon the order of the Director.
(Ord. 3447 § 86, 1989)

(A) In the event that an uncontrolled discharge occurs, the user from whose facilities such discharge emanates shall immediately notify the Director of such incident by telephone. The notification shall include the location or locations of the discharge, the type or types of material that was discharged, the concentration and volume thereof and the corrective actions, if any, that have been taken.
(B) Within five days following such uncontrolled discharge, the user shall submit to the Director a detailed written report that describes the cause of the discharge, the corrective action that was taken and the measures that the discharger will take to prevent future occurrences. Such notification shall not relieve the discharger of the liability for fines that may result from such discharge.
(Ord. 3447 § 87, 1989)

(A) In order for the employees of industrial users to be informed of the requirements of the City, each industrial user shall make available to its employees copies of this Chapter, together with such other wastewater information and notices as may from time to time be furnished by the City that are directed toward more effective pollution control. A legible, understandable and conspicuously placed notice shall be permanently posted on each industrial user’s bulletin board or other prominent place advising the industrial user’s employees to call the Director in the event of an uncontrolled discharge as soon as possible, and no later than one hour, after the discharge and to provide the Director with at least the following information:
(1) The time, location, type, concentration and volume of the discharge;
(2) Any corrective action that has been taken.
(B) Each industrial user shall ensure that all of its employees in a position to cause or allow an uncontrolled discharge to occur are advised of this notification procedure. In the event that a substantial number of such industrial user’s employees use a language other than English as a primary language, the notice shall be worded in both English and the language or languages that are involved. The notice shall set forth the current phone number of the Director and shall identify, as the minimum, the necessary information that must be provided to the Director.
(Ord. 3447 § 88, 1989)

(A) All information and data with respect to any user that is obtained from reports, questionnaires, permit applications, permits, monitoring programs or inspections shall be available to the public or other governmental agency without restriction unless such user specifically otherwise requests and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, proprietary data, processes or methods which would be detrimental to its competitive position and that such information is eligible for confidential treatment pursuant to subsection (B) of this Section. All other information which is submitted by any user to the City shall be available to the public, at least to the extent that is provided for in 40 CFR 2.302.
(B) Any claim of a user for confidentiality must be asserted at the time of the submission to the City of the information or data for which the claim is asserted. The claim may be asserted by stamping the words “confidential business information” on each page that contains such information or by other means; provided, however, that if no claim is asserted at the time of such submission, the City may make the information available to the public without further notice. If such a claim is asserted, the information will be treated in accordance with the procedure in 40 CFR Part 2.
(C) When the City is requested not to do so by the person who furnishes a wastewater discharge report, the portions of such report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available, upon written request therefor, to any Federal agency for a use that is related to this Chapter, the City’s NPDES permit, the State disposal system permit or the pretreatment program, or any combination thereof, or to any State agency for use in any judicial review or enforcement proceedings that involve the person who furnished the report. Wastewater constituents and characteristics will not be recognized as confidential information.
(D) Information that is accepted by the City as confidential shall not be transmitted to any governmental agency, except those bound by the confidentiality requirements of 40 CFR Part 2, by the City unless and until prior and adequate notification is given to the user who furnished such information. Immediate and unlimited access to confidential information shall be provided to the Nevada Division of Environmental Protection or the United States Environmental Protection Agency.
(E) With the exception of governmental agencies, any person who requests nonconfidential information from the City shall be required, prior to receipt of the requested information, to pay the reasonable costs that are incurred by the City in gathering, reproducing and transmitting such data.
(Ord. 3713 § 6, 1993: Ord. 3447 § 90, 1989)

The City will comply with the public participation requirements that are contained in 40 CFR Part 25 in the enforcement of national pretreatment standards. Procedures with respect thereto shall include the provision for publishing at least annually, in the largest daily newspaper published within the City, public notification of the names of the industrial users who, during the preceding twelve months, were found to be in significant noncompliance with the applicable pretreatment standards or other pretreatment requirements.
(Ord. 3713 § 7, 1993: Ord. 3447 § 91, 1989)

Any user who discharges or causes to be discharged into the system any prohibited wastewater into the system, and such discharge causes damage to, or detrimental effects on, the system, or any part thereof, shall be liable to the City for all damages that result therefrom.
(Ord. 3713 § 8, 1993: Ord. 3447 § 92, 1989)

It is unlawful for any unauthorized person to enter, break, damage, destroy, uncover, deface or tamper with any structure, equipment or appurtenance which is a part of the system.
(Ord. 3447 § 93, 1989)

It is unlawful for any user to discharge or cause to be discharged into the system any waste that creates a stoppage, plugging, breakage, significant reduction in sewer capacity or any other damage to the system, or any part thereof. In addition to any other penalty that may be provided by law, any excessive maintenance expense or any other expense that is attributable to the unlawful discharge may be charged to and collected from the offending user by the City.
(Ord. 3713 § 9, 1993: Ord. 3447 § 94, 1989)

It is unlawful for any user to discharge or cause to be discharged into the system any rainwater, stormwater, groundwater, street drainage, subsurface drainage, roof drainage, swimming pool or spa drainage from non-residential users, yard drainage, water from yard fountains, ponds, lawn sprays or any other uncontaminated water, other than air conditioning condensate. Every private or public washrack or floor or slab drain that is used for cleaning machinery or machine parts shall be adequately protected against storm or surface inflow. Pursuant to LVMC 14.17.190, if no alternate method of disposal is reasonably available, the City may issue a permit for the discharge of such water on a temporary basis only. A temporary permit may also be given in order to mitigate an environmental or health hazard with the installation of appropriate rainwater diversion devices or facilities. If such a permit is granted for the discharge of such water into a public sewer, the user shall pay the applicable charges that are established in a separate resolution that is adopted by the City Council and shall meet such other conditions as may be imposed by the City.
(Ord. 3713 § 10, 1993: Ord. 3447 § 95, 1989)

It is unlawful for any user to discharge or cause to be discharged into the system any radioactive waste except when:
(A) The user is authorized to use radioactive materials by an applicable Federal and State agency or other governmental agency that is empowered to regulate the use of radioactive materials;
(B) The waste is discharged in strict conformity with current Federal and State regulations for safe disposal;
(C) The user is in compliance with all of the rules and regulations of all other applicable regulatory agencies; and
(D) A Class I permit has been obtained from the City pursuant to LVMC 14.17.140, 14.17.145 and 14.17.150.
(Ord. 347 § 96, 1989)

It is unlawful for any user to discharge or cause to be discharged into the system any infectious waste unless such waste is ground in a grinder which meets the fineness of grind requirements that are set forth in LVMC 14.17.100(B). In such event, entry to the grinding mechanism shall be restricted to a six-inch by nine-inch opening, and the material shall be placed in containers that are segregated from other suitable disposal containers, do not exceed five gallons in capacity and are colored red for identification. Such containers and their contents shall be weighed and recorded prior to disposal, and such records shall be made immediately available to the City for inspection upon its request. Recognizable portions of the human or animal anatomy shall not be ground or discharged to the system.
(Ord. 3447 § 97, 1989)

(A) It is unlawful for any user to discharge or cause to be discharged into the system any commercial garbage, food market waste or food plant waste except after the same has been suitably ground in accordance with subsection (B) of this Section.
(B) The following fineness of grind requirements for all types of grinders shall apply at all times:
(1) At least forty percent of the material must pass a No. 8 sieve;
(2) At least sixty-five percent of the material must pass a No. 3 sieve; and
(3) One hundred percent of the material must pass a one-half-inch screen.
(C)(1) Waste from garbage grinders, other than waste that is generated in preparation of food shall not be discharged into the system.
(2) Garbage grinders shall shred the waste to the degree that all of the particles will be carried freely under the normal flow conditions that prevail in the system and will meet the fineness requirements that are set forth in subsection (B) of this Section, and such a garbage grinder shall not be used for grinding plastic, paper products, inert materials or garden refuse.
(3) The installation of any garbage grinder with a motor of three-fourths horsepower or greater shall be subject to the review and approval of the Director.
(Ord. 3713 § 11, 1993: Ord. 3447 § 98, 1989)

It is unlawful for any user to discharge or cause to be discharged into the system sharps unless they are ground in an approved grinder that is capable of meeting the fineness of grind requirements that are set forth in LVMC 14.17.100(B). Sharps shall be ground by an approved grinder the motor of which does not exceed five horsepower.
(Ord. 3447 § 99, 1989)

It is unlawful for any user to discharge or cause to be discharged into the system, the City’s storm drain system or the waters of the State the contents any septic tank, holding tank or cesspool or any trucked wastewater.
(Ord. 3713 § 12, 1993: Ord. 3447 § 100, 1989)

It is unlawful for any user to discharge or cause to be discharged any wastewater directly into a manhole or other opening in a sewer other than through an approved (industrial) connection sewer unless such discharge is approved by the City upon a written application by the user and the payment of the applicable fees and charges that are established in a separate resolution that is adopted by the City Council.
(Ord. 3713 § 13, 1993: Ord. 3447 § 101, 1989)

(A) It is unlawful for any user to discharge or cause to be discharged into the system any of the following materials in concentrations sufficient to cause pass through or interference, or in concentrations that violate any regulation promulgated in accordance with Section 307(b), (c) or (d) of the Act;
(1) Gasoline, mercury, total identifiable chlorinated hydrocarbons, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, solvents, pesticides or jet fuel;
(2) Acids, caustics, sulfides, concentrated chloride and fluoride compounds and substances which will react with water to form acidic products;
(3) Liquids, solids or gases which, by reason of their nature or quantity, are flammable, reactive, explosive, corrosive or radioactive or by interaction with other materials could result in a fire, explosion or injury;
(4) Wastewater from industrial facilities that contain floatable fats, wax, grease or oils;
(5) Non-biodegradable cutting oils, commonly called soluble oil, which form persistent water emulsions;
(6) Floatable material which is readily removable;
(7) Any waste with a closed-cup flashpoint of less than one hundred forty degrees Fahrenheit (sixty degrees Celsius) using the test methods specified in 40 CFR 261.21.
(B) Except as expressly allowed in a wastewater contribution permit, it is unlawful for any user to discharge or cause to be discharged into the system any of the following materials:
(1) Solid or viscous material which could cause an obstruction to the flow or cause an interference to the operation of the system or the City’s storm drain system, including without limitation grease, garbage with particles that are greater than one-half of an inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshing, entrails, feathers, ashes, cinders, sand, spent lime, stone marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas tar, asphalt residues, residues from the refining or processing of fuel, lubricating oil, mud, glass grinding or polishing wastes, any wastewater that has a pH of less than 5.0 or more than 11.0 or any wastewater that has any other corrosive property that is capable of causing damage or hazard to the structures, equipment, or personnel of the City;
(2) Toxic pollutants in a sufficient quantity to injure or interfere with any wastewater treatment process, constitute a hazard or cause injury to human, animal or plant life or cause to be exceeded any limitation that is set forth in this Chapter;
(3) Noxious or malodorous liquids, gases or solids in a sufficient quantity, either alone or by interaction with other materials, to create a nuisance or which result in toxic gases, vapors or fumes within the system in a quantity that may cause acute worker health and safety problems;
(4) Any material in a sufficient quantity to interfere with any wastewater treatment process, render any product thereof unsuitable for reclamation and reuse or cause the City to be in non-compliance with the sludge use or disposal criteria, guidelines or regulations in connection with Section 405 of the Act, the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or other Federal or State criteria that are applicable to the sludge management method that is being used;
(5) Material which will cause the City to be in violation of its NPDES permit or any applicable Federal and State statute, rule or regulation;
(6) Wastewater that contains pigment which is not removed in the ordinary wastewater treatment process and which creates a visual contrast with the material appearance of the City’s discharge when it is observed at the point of the discharge;
(7) Wax, grease or oil concentration of mineral or petroleum origin (nonliving sources) of more than one hundred milligrams per liter, whether emulsified or not, or which contain substances which may solidify or become viscous at temperatures between thirty-two degrees Fahrenheit and one hundred fifty degrees Fahrenheit (zero degree Celsius and sixty-five degrees Celsius) at the point of its discharge into the system;
(8) Total fat, wax, grease or oil concentration of animal or vegetable origin (biodegradable living sources) of more than two hundred fifty milligrams per liter, whether emulsified or not, or which contain substances which may solidify or become viscous at temperatures between forty degrees Fahrenheit and one hundred degrees Fahrenheit (four degrees Celsius and thirty-seven degrees Celsius) at the point of its discharge into the system.
(9) Waste containing substances that may precipitate, solidify or become viscous at temperatures between forty degrees Fahrenheit and one hundred degrees Fahrenheit (four degrees Celsius and thirty-seven degrees Celsius) at the point of its discharge into the system;
(10) Wastewater that has a heat content in such a quantity that the temperature of the wastewater at the introduction into the wastewater treatment plant exceeds one hundred four degrees Fahrenheit (forty degrees Celsius);
(11) Pollutants, including without limitation oxygen-demanding pollutants, that are released at a flow rate or a pollutant concentration which will cause or contribute to an interference with the wastewater treatment process;
(12) Single pass cooling water; provided, however, that the blowdown or bleedoff from cooling towers or other evaporative coolers may be accepted into the system as long as it does not exceed one-third of the makeup of the water and is expressly authorized in the user’s wastewater contribution permit;
(13) Wastewater which constitutes a hazard or causes injury to human, animal or plant life or creates a public nuisance;
(14) Recognizable portions of the human or animal anatomy;
(15) Wastewater which constitutes a hazard or causes injury to human, animal or plant life or creates a nuisance;
(16) Water that is added for the purpose of diluting wastes which would otherwise exceed the applicable maximum concentration limitations;
(17) Excessive amounts of organic phosphorous type compounds;
(18) Excessive amounts of deionized water, steam condensate or distilled water;
(19) Rainwater, stormwater, groundwater, street drainage, surface drainage, roof drainage, yard drainage, water from yard fountains, ponds, lawn sprays or any other uncontaminated water;
(20) Industrial waste which does not comply with the applicable Federal pretreatment standards, as the same are set forth in Section 307(b) and (c) of the Act and any applicable regulation thereunder, including without limitation those that are promulgated in 40 CFR Chapter I, Subpart N, Parts 401 to 471. The most stringent standards will apply whenever Federal, State and local standards overlap.
(C) In no case shall LVMC 14.17.120(B) be interpreted to allow a discharge that is not in compliance with any regulation promulgated in accordance with Section 307(b), (c) or (d) of the Act.
(D) It is unlawful for any person to discharge wastewater in any form, other than stormwater, into the storm drains of the City of Las Vegas.
(E) It is unlawful for any person to discharge any pollutant, as defined in the Act, into surface waters within the City of Las Vegas without first obtaining an NPDES permit from the State of Nevada or the U.S. Environmental Protection Agency.
(F) At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system, or at any point in the system, exceed five percent, nor shall any single reading exceed ten percent of the lower explosive limit of the meter.
(Ord. 3713 § 14, 1993: Ord. 3447 § 102, 1989)

It is unlawful for any user to discharge or cause to be discharged into the system any wastewater if the Director has determined that such discharge may have an adverse or harmful effect upon the sewer maintenance personnel, wastewater treatment plant personnel or equipment, treatment plant effluent quality or any public or private property, or may otherwise endanger the public or local ecological systems or tend to create a nuisance. The Director, in determining the acceptability of specific wastewaters shall consider the nature of the wastewater and the adequacy and nature of the system to accept such wastewater. A user who is affected by any such determination shall have the right to appeal that determination in the manner that is set forth in LVMC 14.17.320, if such determination creates an extreme hardship, and to have such appeal finally decided before any criminal proceeding may be instituted against such user.
(Ord. 3713 § 15, 1993: Ord. 3447 § 103, 1989)

(A) It is unlawful for any industrial user to introduce wastewater into the system that exceeds the following limitations at any time:

(B) Notwithstanding the limitations that are set forth in Subsection (A) of this Section, if more restrictive limitations are imposed by such user’s wastewater contribution permit, if any, or the applicable Federal or State pretreatment standards, it is unlawful for any user to introduce wastewater into the system that exceeds such more restrictive limitations.
(C) It is unlawful for any industrial user to introduce wastewater into the system that exceeds the thresholds described in the table below; provided, however, that the Director, on a case-by-case basis, may allow a user to discharge in excess of these thresholds. In such a case, the user shall pay surcharge fees that have been established in a separate resolution by the City Council.

(1) Surcharge fees shall defray the cost incurred by the City for treatment and disposal. The Director shall determine the method used to calculate the total pounds of these constituents which are discharged into the system and the amount which shall be subject to surcharge fees. This method is subject to other applicable provisions of this Chapter. The cost of the laboratory analyses and staff coordination time that is required to determine the surcharge fees shall be paid by the user.
(2) The Director may deny a request to exceed the thresholds described in this Subsection if he determines that such discharge has a reasonable potential, either alone or in combination with other contributing industries, for adversely affecting the City’s treatment plant operation.
(D) Any industrial user which introduces wastewater into the system with a total dissolved solids concentration in excess of one thousand two hundred mg/L is required to submit a salinity control plan to the City within sixty days of becoming aware of exceeding the threshold. This plan shall contain a description of chemicals and materials which contribute to the total dissolved solids concentration in the wastewater discharged from the facility and source control practices which will be incorporated by the user to reduce the total dissolved solids concentration to less than one thousand two hundred mg/L or the lowest concentration that is reasonably practical.
(1) Any industrial user which exceeded the total dissolved solids threshold shall resample for this constituent and submit the results to the City within one hundred eighty days of becoming aware of exceeding the threshold. If this threshold has been exceeded again, an updated salinity control plan containing any additional source control plan containing any additional source control practices which will be incorporated by the user shall be submitted to the City within ninety days. This resampling shall continue, semiannually, until the user can demonstrate to the City that it can remain below the total dissolved solids threshold. The cost of the laboratory analysis and staff coordination that is required to determine total dissolved solids concentrations shall be paid by the user.
(2) The Director may prohibit wastewater from being introduced into the system which contains excessive amounts of total dissolved solids.
(Ord. 3876 § 1, 1995: Ord. 3713 § 16, 1993: Ord. 3447 § 104, 1989)

(A) Bypasses are prohibited, and the City may take enforcement action against an industrial user for a bypass unless:
(1) The bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(2) There was no feasible alternative to the bypass, including without limitation the use of auxiliary treatment facilities, the retention of untreated wastes or proper maintenance during normal periods of equipment downtime; provided, however, that this exception shall not apply if the Director determines that, in the exercise of reasonable engineering judgment, adequate backup equipment should have been installed to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and
(3) The industrial user submitted the notices that are required by subsection (B) of this Section, and the City, after considering the potential adverse effects of the anticipated bypass, has determined that the bypass will satisfy the three conditions that are set forth in paragraph (1) of this subsection (A) of this Section and has approved the bypass.
(B)(1) If an industrial user knows in advance of the need for a bypass, it shall submit a prior notice to the City, if possible, at least ten days before the date of the bypass.
(2) An industrial user shall submit an oral notice to the City of an unanticipated bypass that exceeds the limits that are imposed in its wastewater contribution permit or the applicable Federal or State pretreatment standards within twenty-four hours after the time that the industrial user becomes aware of the bypass. Such industrial user shall also provide a written notice to the City within five days after the time the industrial user becomes aware of the bypass, which notice shall contain a description of the bypass, its cause, the duration of the bypass, including the exact dates and times, the steps that have been taken or are planned to prevent the recurrence of such a bypass and, if the bypass has not been corrected, the anticipated time that it is expected to continue and the steps that have been taken or are planned to reduce or eliminate the bypass. The City may waive such written report on a case-by-case basis if the oral report has been received by it within the twenty-four-hour period and it contains all of the required information.
(C) Bypasses that are determined by the Director to be essential for the proper maintenance of an industrial user’s facilities are not subject to the provisions of subsections (A) and (B) of this Section and may be permitted as long as they do not cause a violation of such industrial user’s wastewater contribution permit or the applicable Federal or State pretreatment standards.
(Ord. 3447 § 105, 1989)

(A) No statement that is contained in LVMC 14.17.080 to 14.17.135, inclusive, shall be construed as preventing the Director from issuing a wastewater contribution permit that allows an industrial waste of unusual strength or character if the discharge does not violate the applicable Federal or State pretreatment standards. The discharger shall pay all of the extra costs that are incurred by the City in connection with treating such discharge.
(B) For the purposes of this Chapter, the following user classifications are established in order to assign appropriate user charges and fees and permit requirements:
(1) Class I;
(2) Class II;
(3) Temporary.
(Ord. 3713 § 17, 1993: Ord. 3447 § 106 (A), (B), 1989)

(A) Permits for the use of the system shall be required as provided in this Chapter. Permit applications, in the form that is prescribed by the City and accompanied by all of the applicable fees, shall be filed with the Director. Application and permit fees shall be used to defray the administrative costs and shall be subject to periodic revisions. In compliance with the Federal Water Pollution Act of 1972, all of the costs of industrial waste control are mandated to be charged to the owners or operators of the contributing industrial connections. Wastewater contribution permits may be renewed by the payment of the fees that are established by the City. The cost of the laboratory analyses and staff coordination time that are required in order to establish an industrial user’s compliance with its discharge limits shall be paid by the industrial user whose facility is sampled, in accordance with the fees therefor that are established by the City.
(B) Each industrial user who proposes to connect to any part of the system must, before doing so, apply for and, if required by the City, obtain a wastewater contribution permit. Also, any industrial user which does not currently have an existing wastewater contribution permit, but proposes to contribute new pollutants, increase the existing pollutants or change the characteristics of existing pollutants must, before doing so, apply for and, if required by the City, obtain a wastewater contribution permit. The City may deny or condition a wastewater contribution permit for a new or increased contribution of pollutants or a change in the nature of the pollutants from an industrial user upon the basis that the industry of which such user is a part has been guilty of violations of the applicable Federal or State pretreatment standards or the limitations that are imposed by this Chapter or upon the basis that such contribution could cause the City’s wastewater treatment plant to violate the City’s NPDES permit. All industrial users who are connected to, or are discharging into, any part of the system on the date that the ordinance codified in this Chapter becomes effective must obtain a wastewater contribution permit, if the same is required by the City, within one hundred twenty days from and after the effective date of the ordinance codified in this Chapter. In addition, the holder of each such permit, upon its reissue, shall pay to the city, and each application for a new permit shall be accompanied by, the appropriate fee therefor that is established by the City.
(Ord. 3713 § 18, 1993: Ord. 3447 § 106 (C), (D), 1989)

The wastewater contribution permits shall be classified as follows:
(A) Class I:
(1) Class I includes any industrial user who:
(a) Is subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N;
(b) Discharges an average of twenty-five thousand gallons per day or more of process wastewater to the treatment plant (excluding sanitary, noncontact cooling and boiler blowdown wastewater);
(c) Contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the wastewater treatment plant;
(d) Is designated as such by the City on the basis that the industrial user has a reasonable potential, either alone or in combination with other contributing industries, for adversely affecting the City’s treatment plant’s operation or for violating any pretreatment standard or requirement (in accordance with 40 CFR 403.8(f)(b)); or
(e) Has in its waste discharge a toxic pollutant in toxic amounts, as that term is defined in the standards that are issued pursuant to Section 307(a) of the Act and the Toxic Substances Control Act.
(2) The facilities of each Class I industrial user shall be inspected and sampled a minimum of two times per year.
(B) Class II:
(1) Class II includes any industrial user who:
(a) Has a discharge flow of less than twenty-five thousand gallons a day;
(b) Is not required to obtain a Class I permit; or
(c) Discharges, or has the potential to discharge, wastes which may have, either alone or in combination with other industries, potential effects on the City’s treatment facilities or discharge limitations.
(2) The facilities of each Class II industrial user shall be inspected and sampled on a random basis.
(Ord. 3713 § 19, 1993: Ord. 3447 § 106 (E), 1989)

(A) Each user who seeks a wastewater contribution permit shall complete and file with the City an application on the form that is prescribed by the Director. The application shall be accompanied by the applicable fee. In support of its application, the applicant shall submit the following information:
(1) The name, address, and Standard Industrial Code number of the applicant;
(2) The volume of the wastewater that the applicant anticipates will be discharged;
(3) The constituents and characteristics of the wastewater that the applicant anticipates will be discharged, including without limitation those that are set forth in LVMC 14.17.085 to 14.17.110, inclusive, and 14.17.120 to 14.17.130, inclusive, as those constituents and characteristics are determined by an analytical laboratory that is approved by the City;
(4) The time and duration of the proposed discharge;
(5) The average and three minute peak wastewater flow rates, including without limitation daily, monthly, and seasonal variations, if any;
(6) The site plans, floor plans, mechanical and plumbing plans and details of the applicant’s facilities that show all of the sewers and appurtenances by size, location and elevation;
(7) A description of the applicant’s activities, facilities and plant processes on the premises, including without limitation all of the materials and types of materials which are, or could be, discharged;
(8) Each product that is produced by the facilities, by type, amount and rate of production;
(9) The number and type of employees and their respective hours of work; and
(10) Any other information that may be requested by the Director.
(B) The City will evaluate the data that are furnished by the applicant and may require additional information.
(C) After the acceptance and evaluation by the City of the data that are so furnished, the City may issue a wastewater contribution permit, which will be subject to terms and conditions that are provided herein.
(Ord. 3447 § 107, 1989)

Each wastewater contribution permit shall be expressly subject to all of the provisions of this Chapter and all other regulations, user charges and fees that are established by the City. The conditions of all wastewater contribution permits shall be uniformly enforced in accordance with this Chapter and applicable Federal and State regulations. The conditions of each wastewater contribution permit may, without limitation, include any or all of the following:
(A) The unit charge or schedule of user charges and fees that must be paid by the permittee in order for the wastewater to be discharged into the system from its facilities;
(B) The average and maximum wastewater constituents and characteristics of the wastewater discharges from the permittee’s facilities;
(C) The limits on rate and time of the wastewater discharges from the permittee’s facilities or the requirements for flow regulation and equalization with respect thereto;
(D) The limits regarding the discharge by the permittee of specific pollutants;
(E) The requirements for the installation of inspection and sampling facilities and uncontrolled discharge containment facilities with respect to the permittee’s facilities;
(F) The requirements, which, without limitation, may include specific sampling locations, frequency of sampling, times of sampling and number and types of test standards and reporting schedules, for the monitoring programs at the permittee’s facilities;
(G) The pretreatment facility requirements with respect to the permittee’s facilities;
(H) The requirements for maintaining and submitting technical reports and plant records that relate to the wastewater discharges from the permittee’s facilities;
(I) Daily average and daily maximum discharge rates or other appropriate conditions when pollutants that are subject to limitations and prohibitions are proposed or are present in the wastewater discharges from the permittee’s facilities;
(J) The compliance schedules that are required for the permittee’s facilities;
(K) The analyses of the wastewater discharges from the permittee’s facilities that are to be established by the City through an annual notification process and are to be performed, as a part of the permittee’s compliance effort, by a laboratory that is approved by the City;
(L) The requirements for maintaining, and for affording the City access to, the records of the permittee’s facilities that relate to its wastewater discharges;
(M) The requirements for the notification of the City of any introduction of new constituents or any substantial change in the volume or character of the existing constituents of the wastewater discharges from the permittee’s facilities;
(N) The requirements for the notification of the City of slug, upset or bypass discharges from the permittee’s facilities;
(O) The requirement that an amended application must be filed within ten working days after any condition that is contained in the original application is changed; and
(P) Such other conditions as may be appropriate in order to ensure compliance by the permittee with this Chapter. These conditions may include development of a slug prevention and control plan, penalty provisions, twenty-four-hour noncompliance notification, thirty-day resampling in the event of noncompliance, and notice to the City of potential problems.
(Ord. 3713 § 20, 1993: Ord. 3447 § 108, 1989)

(A) Each wastewater contribution permit shall be issued for a specified period, not to exceed five years and each user shall apply for renewal of its permit not later than sixty days prior to the expiration of its existing permit.
(B) If such user makes a timely application for renewal and is not notified by the City of the renewal of its permit at least thirty days prior to the expiration of its existing permit, its existing permit shall automatically be extended for an additional thirty days.
(Ord. 3713 § 21, 1993: Ord. 3447 § 109, 1989)

The City may change the terms and conditions of any wastewater contribution permit during the period for which it was granted for adequate cause. The user shall be informed of any proposed change in its wastewater contribution permit at least thirty days prior to the effective date such of change. Any change or new condition in such permit shall include a reasonable time schedule for compliance therewith. The user will, however, be required to meet milestone dates established in Federal categorical standards.
(Ord. 3713 § 22, 1993: Ord. 3447 § 110, 1989)

Each wastewater contribution permit will be issued to a specific user for a specific operation at a specific location and shall not be assigned, transferred or sold.
(Ord. 3447 § 111, 1989)

All discharges that are permitted under a wastewater contribution permit must commence within one hundred eighty days after the effective date of such permit or such permit shall be deemed void.
(Ord. 3447 § 112, 1989)

No wastewater discharge in which there has been a contribution of new pollutants, an increase in the existing pollutants or a change in the characteristics of the existing pollutants which causes such discharge to be different from that which is expressly allowed under a user’s existing wastewater contribution permit shall be commenced without the prior written notification to, and the approval by, the Director. Upon such notification, the Director, in his sole discretion, may require that a new application be filed and a new wastewater contribution permit be obtained before any waste discharge that involves such change takes place. This written notification and approval by the Director is also required for any industrial user who is not currently required by the City to obtain a wastewater contribution permit, but who proposes any changes or modifications in its nondomestic wastewater discharge.
(Ord. 3713 § 23, 1993: Ord. 3447 § 113, 1989)

(A) A temporary wastewater discharge permit shall be required of all users who are granted temporary permission by the City to discharge unpolluted water, storm drainage and groundwater that is discharged directly or indirectly into the system. Such a temporary permit may be granted if no alternate method of disposal is reasonably available. The provisions of LVMC 14.17.080 to 14.17.110, inclusive, and 14.17.120 to 14.17.130, inclusive, of this Chapter which pertain to wastewater strength and characteristics shall apply to such temporary permit.
(B) Each user who seeks a temporary wastewater discharge permit shall complete and file with the City, prior to commencing discharge, an application in the form that is prescribed by the Director. Such application shall be accompanied by the applicable fee and such data as may be requested by the City for its review and approval.
(C) The City may specify and make a part of each temporary wastewater discharge permit specific conditions and pretreatment requirements.
(D) An application fee for a temporary wastewater discharge permit shall be paid by the applicant in the amount adopted by a separate resolution that is adopted by the City Council. The fee shall be payable prior to issuance of the permit.
(E) A charge for use, to defray all of the costs of the City for providing wastewater collection and treatment service and monitoring, shall be established by a separate resolution that is adopted by the City Council. A deposit in an amount to be determined by the Director as being sufficient to pay the estimated charges for use shall accompany the application for a temporary wastewater discharge permit, and such deposit shall be applied to the charges for the use of the system thereunder.
(F) Each temporary wastewater discharge permit shall be issued for a specific period, not to exceed two years. The terms and conditions of such permit may be subject to modification and change by the City during the period for which it was issued. Any change or new condition in such permit shall include a reasonable time schedule for compliance therewith.
(Ord. 3713 § 24, 1993: Ord. 3447 § 114, 1989)

Wastewater contribution permits for industrial users who are located outside of the corporate boundaries of the City but are tributary to the system will be issued by the City by way of a specific agreement. The Director will be authorized to inspect the facilities of each such industrial user who is issued a permit hereunder in order to determine its compliance with this Chapter, and the requirements of this Chapter apply to each such industrial user.
(Ord. 3447 § 115, 1989)

(A) An industrial wastewater pretreatment facility or device may be required by the City to treat industrial flows prior to their discharge into the system whenever it is necessary to restrict or prevent the discharge to the system of certain waste constituents, to distribute more equally over a longer period any peak discharge of industrial wastewaters or to accomplish any pretreatment result that is required by the City. All such pretreatment facilities or devices shall be approved by the City before their use, but such approval shall not absolve the industrial user that owns or operates the same of the responsibility of meeting any industrial effluent limitation that is imposed by the City on such flows. In a special case, the City may require the construction of sewer lines by the industrial user in order to convey certain industrial wastes to a specific trunk sewer. All pretreatment facilities that are judged by the City to require engineering design shall have the plans therefor prepared and signed by an engineer of suitable discipline who is licensed in the State. Detailed plans that show the pretreatment facilities and operating procedures, including without limitation accidental discharge procedures, shall be submitted to the City for its review and approval before such plans and procedures are implemented. Such review and approval, however, shall not absolve the industrial user that owns or operates such facilities from the responsibility of modifying such facilities in the future as may be necessary in order to produce an effluent that is acceptable to the City under the provisions of this Chapter. No industrial user shall ever increase the use of water, or in any other manner attempt to dilute a discharge, as a partial or complete substitute for adequate methods for the reduction of pollutants to achieve compliance with this Chapter and such industrial user’s wastewater contribution permit.
(B) Normally a gravity separation interceptor, equalizing tank, neutralization chamber and control manhole shall be required, respectively, in order to remove prohibited settleable and floatable solids, to equalize wastewater streams which vary greatly in quantity or quality, or both, to neutralize low or high pH flows and to facilitate inspection, flow measurement and sampling. Floor drains from commercial or manufacturing buildings, warehouses or multiuse structures as required by the Director shall not discharge directly to the system but shall first discharge to a gravity separation interceptor.
(C) All domestic or sanitary wastewaters from restrooms, showers, drinking fountains and similar facilities shall be kept separate from all industrial wastewaters until the industrial wastewaters have passed through any required pretreatment facility or monitoring device if it is reasonably practical and deemed necessary by the City.
(D) If it is deemed necessary by the City for an industrial user, whether under permit or not, to install a pretreatment facility or device, the City shall place a time constraint on the final installation and operational date of such facility or device. If appropriate this constraint shall include a compliance schedule which indicates milestone dates for the design of the facility or device, final engineering approval, start of construction and start up date, and a compliance deadline. The industrial user shall submit regular progress reports to be received monthly as required by the City. The compliance schedule may be extended only as provided for by Section 14.17.290(A)(1) using the same procedures as noted therein for extension of a compliance schedule associated with a wastewater contribution permit.
(Ord. 3713 § 25, 1993: Ord. 3447 § 116, 1989)

(A) Any Class I industrial user, or any other industrial user, discharging wastewater under permit by the City or without such permit at the discretion of the Director, shall be required to install and maintain monitoring facilities in order to allow inspection, sampling or measurement, or any combination thereof, of the building sewer or plumbing systems and may also be required to provide, install and operate sampling or measuring, or both, equipment at such industrial user’s expense. Such facilities shall be normally situated on the industrial user’s premises but the Director may, in his discretion, allow monitoring facilities to be constructed elsewhere at the industrial user’s expense.
(B) Each industrial user who makes periodic measurements shall furnish and install, at its own cost and expense, at the sampling well or other appropriate location a calibrated flume, weir, flow meter or similar device that is approved by the City and is suitable to measure the industrial wastewater flow rate and total volume. A flow indicating, recording and totalizing register may also be required by the City. In lieu of such wastewater flow measurement, the City may accept records of water usage and adjust the flow volumes by suitable factors in order to determine the peak and average flow rates for a specific discharge.
(C) If two or more industrial users can discharge into a common side sewer, the Director may require the installation of a separate monitoring facility for each such user. Also, if, in the judgment of the Director, there is a significant difference in the constituents and characteristics of the wastewaters produced by the different operations of a single industrial user, the Director may require that separate monitoring facilities be installed for each separate discharge.
(D) If a monitoring facility is inside an industrial user’s fences, measures shall be taken in order to afford access to the facility by the personnel of the City, including without limitation such measures as a gate secured with a lock that is furnished by the City. There shall be ample operating area in or near such monitoring facility in order to allow accurate sampling and compositing of the samples for analysis. The industrial user shall assure that the access and the sampling and measuring equipment are maintained in a safe and proper operating condition at all times at no expense to the City.
(E) The monitoring facility, and the sampling and measuring equipment therein, shall be provided in accordance with the City’s design requirements and all of the applicable construction standards, safety devices and specifications. Construction shall be completed within ninety days following the industrial user’s receipt of written notification from the City to provide the same.
(F) The monitoring facility shall be provided with a security closure that can be locked during the sampling or monitoring with a lock that will be provided by the City.
(G) Unrestricted access to the monitoring facility shall be available to authorized personnel of the City at all times.
(Ord. 3713 § 26, 1993: Ord. 3447 § 117, 1989)

Traps for sand, grease and oil shall be provided in accordance with the following requirements:
(A) Each restaurant or other establishment that discharges grease wastes which, under the conditions that exist in the downstream sewers, could cause or threaten to cause a stoppage or a grease accumulation shall be required to install an approved grease trap and oil interceptor and regularly to maintain it in such a manner as to prevent excessive discharges of grease and oil into the system. Each grease trap and oil interceptor shall be easily accessible for inspection by the City. An exception to the requirement of installing a grease trap and oil interceptor may be granted on a case-by-case basis by the Director, taking into account the following items:
(1) The size of restaurant;
(2) The number of meals served per day;
(3) The available seating capacity; and
(4) The dish washing and garbage disposal facilities that are available.
(B) Each new car wash, vehicle service station and garage which has facilities for the washing of vehicles shall install an appropriate sand and oil interceptor of a size and design that is approved by the City. Each such establishment that was in existence prior to the effective date of this Chapter shall install an appropriate sand and oil interceptor if, in the opinion of the Director, such establishment has the potential of contributing noncompatible material to the system.
(C) A trap or interceptor that was legally and properly installed at a restaurant or similar establishment, car wash, vehicle service station or garage prior to the effective date of this Chapter shall be acceptable as an alternative to the trap or interceptor that is specified in subsection (A) or (B) of this Section if such trap or interceptor is effective in removing grease and oil or sand and oil, as the case may be, and is designed and installed in such a manner that it can be inspected and properly maintained. If the City determines that a trap or interceptor is incapable of retaining adequately the grease and oil or the sand and oil, as the case may be, in the wastewater flow from a restaurant or similar establishment, car wash, vehicle service station or garage, the City shall issue a written notice that requires the operator of such establishment to install an adequate trap or interceptor within sixty days.
(D) The City may maintain an information file, available for public inspection, of acceptable designs of grease, sand and oil traps and interceptors. The installation of a trap or interceptor of a design that is shown in such file, or of any design that meets the requirements that are set forth in this Section or any recommendation or requirement that is made by the City shall not impute any liability to the City as a result of such trap’s or interceptor’s failure adequately to perform under the actual conditions of its use. Such installation shall not relieve the owner or proprietor of such establishment of the responsibility to keep grease and oil or sand and oil, as the case may be, from entering the system. If a trap, interceptor or other pretreatment facility is not adequate under the actual conditions of its use, a new trap, interceptor or pretreatment facility shall be constructed which is effective in accomplishing the intended purpose.
(E) Any grease trap and oil interceptor or sand and oil interceptor that is required by this Section shall be readily accessible for inspection by the authorized personnel of the City and shall be properly maintained to ensure that accumulations of grease and oil or sand and oil, as the case may be, do not impair the efficiency of the trap or interceptor or are not discharged with the effluent, or both. Each establishment that is required to use and maintain a grease trap and oil interceptor or a sand and oil interceptor shall keep a record of every time the trap or interceptor is cleaned. This record shall include the date, the name of the pumper or person who cleaned the trap or interceptor and the site at which the waste was disposed of and may be reviewed by the City in its discretion. A trap or interceptor shall not be considered properly maintained if accumulations of grease and oil or sand and oil, as the case may be, total more than twenty-five percent of the operative fluid capacity. The City will endeavor to inspect all grease traps and oil interceptors and sand and oil interceptors periodically. If it is found that a trap or interceptor in any establishment is improperly maintained or adequate records with respect thereto are not being kept, a warning will be issued to the operator of such establishment. If, on any subsequent inspection, it is found that any one of the aforesaid conditions continues to exist, a penalty fee in an amount that is established by the City will be levied against the operator of the establishment.
(Ord. 3713 § 27, 1993: Ord. 3447 § 118, 1989)

(A) Upon its receipt of a written notification from the Director, each user shall provide facilities for the containment of uncontrolled discharges of prohibited material or other substances that are regulated by this Chapter. Facilities to contain such discharges shall be provided and maintained at the user’s sole cost and expense. Each user who is so notified shall provide a detailed slug prevention and control plan, including without limitation plans for the facility and operating procedures, to the Director for his review and approval. This slug prevention and control plan shall contain, but is not limited to, the following elements:
(1) Description of discharge, including nonroutine batch discharges;
(2) Description of stored chemicals;
(3) Procedures for promptly notifying the City of slug discharges, including any discharge that would violate a specific prohibition contained in 40 CFR 403.5(b) or this Chapter, including procedures for follow-up written notification within five days;
(4) Procedures to prevent accidental spills, including as necessary, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents);
(5) Procedures and practices for responding to accidental spills including as necessary measures and equipment for emergency response and follow-up practices to minimize the damage suffered by the City’s wastewater treatment plant or the environment.
(B) Such plans and procedures must be approved before the installation or the commencement of the construction of the facility. The construction of the facility shall be completed within the period that is designated by the Director in the notification to the user of his approval thereof. The review and approval of a slug prevention and control plan and operating procedures shall not absolve the user of the responsibility of modifying its facility as may be necessary in order to satisfy the requirements of this Chapter.
(Ord. 3713 § 28, 1993: Ord. 3447 § 119, 1989)

(A) Upon its receipt of a written notification from the Director, each user of flammable substances and each user who is subject to uncontrolled discharges of flammable substances may be required to install, operate and maintain a combustible gas monitoring system and facility to divert the entire wastewater flow to a holding tank whenever the combustible gas level at its establishment is greater than twenty percent of the lower explosive limit. Such system and facility shall be provided and maintained at the user’s sole cost and expense. Each user who is so notified shall provide detailed gas monitoring and wastewater diversion plans, including without limitation plans for the facility and operating procedures, to the Director for his review and approval. Such plans shall include procedures for notification of City personnel in the event of uncontrolled or emergency discharge of flammable substances, a complete description of all such substances stored or used at the facility and procedures to be taken to prevent an adverse impact on the wastewater treatment plant or the collection system if such an event were to occur. The plans must also contain emergency procedures for containment of spills of flammable materials within the facility to include specific procedures to be taken by facility personnel, emergency telephone numbers and contacts, and any other procedures as required to prevent the spill from impacting the wastewater treatment plant or the collection system.
(B) Such plans and procedures must be approved before the installation or the commencement of the construction of such system and facility. At the minimum, the monitoring system and facility must be installed in a field location and have an indicator, automatic continuous recorder, adjustable two-stage alarm system, calibration for methane detection and a means for diverting the flow to a holding tank; provided, however, that the Director, in his sole discretion, may waive any of these requirements by way of a written notice to the user. The installation or construction of such system and facility shall be completed within a period that is designated by the Director in the notification to the user of his approval thereof. The review and approval of gas monitoring and wastewater diversion plans shall not absolve the user of the responsibility of satisfying the requirements of this Chapter.
(Ord. 3713 § 29, 1993: Ord. 3447 § 120, 1989)

Periodic measurements of flow rates, flow volumes and wastewater characteristics for use in determining a user’s compliance with any limitation or requirement that is specified in its wastewater contribution permit, if any, or in this Chapter shall be made at the times and in the manner that is prescribed by the City. The City shall establish, on an annual basis, the wastewater analyses to be performed by the user and shall notify the user at least sixty days prior to the deadline for the submission of any required compliance monitoring report. All sampling, analyses and flow measurements of industrial or liquid wastes shall be performed by an independent laboratory that is approved by the City, by a laboratory of the user that is approved by the City or by the personnel of the City. If such sampling, analyses and flow measurements are performed by an independent laboratory, the costs thereof shall be paid by the user, and, if the same are performed by the personnel of the City, a charge that is sufficient to defray the actual expenses of the City for the personnel, space, equipment and supplies, as the same are determined by the City, shall be paid by the user.
(Ord. 3447 § 121, 1989)

(A) Periodic measurements of flow rates, flow volumes and wastewater characteristics for use in determining the appropriate industrial wastewater treatment surcharge, and such measurements of other constituents that are believed by the Director to be necessary for such purpose, shall be made by each user unless any such user is specifically relieved of such obligation in writing by the Director. All sampling, analyses and flow measurements of industrial wastewaters shall be performed by an independent laboratory that is approved by the City, by a laboratory of the user that is approved by the City or by the personnel of the City. If such sampling, analyses and flow measurements are performed by an independent laboratory, the costs thereof shall be paid by the user, and, if the same are performed by the personnel of the City, a charge that is sufficient to defray the actual expenses of the City for the personnel, space, equipment and supplies, as the same are determined by the City, shall be paid by the user.
(B) Any user may be required by the Director, by its wastewater contribution permit, if any, or otherwise, to engage in periodic monitoring or sampling, or both, of its discharge. If a user is required to monitor or sample its discharge, the user shall notify the City by telephone at least forty-eight hours in advance of any monitoring or sampling that is to be performed. Such notification shall include the date, time and location of the proposed monitoring or sampling, and the monitoring or sampling shall be carried out during a period of normal business operations. Prior to the commencement of any monitoring or sampling, the Director may request that the user furnish the City with a split sample and all supporting data (i.e., methodology, flow measuring data, strip chart recordings and other pertinent information). The City reserves the right to refuse any data that are developed from its monitoring or sampling activity if the user has failed to comply with the prenotification procedure.
(C) Each user shall submit to the City, sworn to by the user under the penalties for perjury, its monitoring and sampling report or other requested data.
(Ord. 3447 § 122, 1989)

(A) The sampling, analysis and flow measurement procedures, equipment and results shall be subject at all reasonable times to inspection by the City. Sampling and flow measurement facilities shall be constructed and located in such a manner as will provide safe access to the authorized personnel of the City.
(B) Each user who is required by the City to make periodic measurements of its wastewater flows and constituents shall make at least the minimum number of such measurements required. The minimum requirement for such periodic measurements shall be at least one twenty-four-hour measurement per year, and representative samples of the wastewater shall be obtained at least once per hour during the twenty-four-hour period and shall be properly refrigerated, composited according to measured flow rates during the twenty-four hours and analyzed for the specified wastewater constituents. If the sampling protocol, as established in 40 CFR 403.12, prohibits the use of composite samples, a grab sample shall be taken during the twenty-four-hour period. Each user who is required to obtain only a few samples per year shall take such samples during the periods of the highest wastewater flow and wastewater constituent discharges. An industrial plant that has a large fluctuation in quantity or quality of wastewater may be required to provide continuous sampling and analyses for every working day, if it is required to do so by the City. A user may also be required to install and maintain in proper order automatic flow-proportional sampling equipment or automatic analysis and recording equipment, or both.
(C) Measurements to verify the quantities of waste flows and waste constituents that are reported by each user will be conducted on a random basis by the personnel of the City.
(Ord. 3713 § 30, 1993: Ord. 3447 § 123, 1989)

(A) Samples and flow measurements shall represent the normal wastewater flow to the system over a twenty-four-hour period. Composite samples shall be collected at least once per hour. Samples may be collected either manually or by automatic integrated sampling equipment that is approved by the Director. Any required grab samples shall be collected, when feasible, during the same twenty-four-hour period in which the composite samples are collected. Chain-of-custody logs with respect to each sample that is required by this Chapter shall be maintained by each user.
(B) The sampling, handling, storage and analysis of each sample that is taken for the determination of the characteristics of a wastewater discharge shall be performed by a laboratory that is approved by the City, by a laboratory of the user that is approved by the City or by the personnel of the City and shall be in accordance with procedures that are established by the EPA pursuant to Section 304(a) of the Act and contained in 40 CFR Part 136, as amended. If such sampling, handling, storage and analysis are performed by an independent laboratory, the costs thereof shall be paid by the user, and, if the same are performed by the personnel of the City, a charge that is sufficient to defray the actual expenses of the City for the personnel, space, equipment and supplies, as the same are determined by the City, shall be paid by the user. A copy of each required wastewater analysis shall be sent directly from the independent laboratory to the Director within seven days after the completion of the analysis. Prior to the submission to the City of any data that are developed in the laboratory of a user, the results of such analysis shall be sworn to by an authorized representative of the user under the penalties for perjury. Any independent laboratory or user that performs the tests shall furnish to the City any required test data or information with respect to the test methods or the equipment that were used in such tests immediately upon the City’s request therefor.
(Ord. 3713 § 31, 1993: Ord. 3447 § 124, 1989)

(A) The determination or estimation of suspended solids or other components that are contained in wastewater discharges shall be made in accordance with one of the following methods:
(1) Sampling and analysis by the personnel of the City;
(2) Sampling and analysis by the personnel or a laboratory of the user who are or is approved by the City; or
(3) Estimates that are determined by a study of the user’s waste producing operations that lead to the discharge and are approved by the Director.
(B) Each user shall have the option of selecting which of the methods that are described in Subsection (A) of this Section will be used; provided, however, that such method must be proposed by the user and approved by the City before the beginning of the period during which such sampling or estimate is to be made, and the same method must be continued throughout such period. In the event that no method is selected and approved, the method that is described in paragraph (1) of Subsection (A) will be used, and the appropriate fees, as established by the City, shall be paid by the user. Additionally, in the event that either of the methods that are described in paragraphs (2) and (3) of Subsection (A) is selected and approved, the City may, by appropriate sampling and analysis, determine the accuracy of the results that are so obtained, and if the method that is described in paragraph (2) is selected and approved, the user shall, upon the request of the City, prepare and submit a certified statement with respect to the results that are so obtained during the period in question.
(Ord. 3713 § 32, 1993: Ord. 3447 § 125, 1989)

The measurement of total flow of wastewater shall be made by the City by means of a metering device that is approved by the City and is purchased, installed and maintained at the expense of the user, by an estimate that is based upon total water which is used in the area that is occupied, or by other means that is acceptable to the City and to the user. The user shall have the option of selecting whether the measurement shall be made by meter, by estimate or by other means; provided, however, that the method of estimating or other means must first be approved by the City.
(Ord. 3713 § 33, 1993: Ord. 3447 § 126, 1989)

(A) The determination of the peak flow rate shall be made by means of an effluent meter that is approved by the City and is purchased, installed and maintained at the expense of the user or by field measurements that are made by the City in accordance with the method that is provided in subsection (B) of this Section. The user shall have the option of selecting the method of determination to be used; provided, however, that, in the event the field measurements method is selected, the user must bear all of the expenses that are incurred by the City in carrying out the field measurements.
(B) In the absence of actual peak flow rate data with respect to any user, peak flow rate may be computed for such user in a manner that is established by the City, and the user whose peak flow rate is so computed shall certify to the City that the flow use that is metered in order to compute the peak flow rate was from normal operations and not the result of any extraordinary condition.
(Ord. 3447 § 127, 1989)

(A) Should flow measurements or other investigations demonstrate that an industrial user is discharging at a flow rate, or in a quantity of flow, biochemical oxygen demand, phosphorus or suspended solids, that is significantly in excess of that which is stated in its wastewater contribution permit or in excess of the quantities that are reported to the City by such industrial user, and upon which its industrial wastewater treatment surcharge is based, such industrial user shall apply for an amended wastewater contribution permit and shall be assessed for all delinquent charges, together with any penalty and interest, as the same are provided for in LVMC 14.17.340, 14.17.345(A) and 14.17.350, inclusive, and 14.17.360. However, before such charges shall be assessed, at least two additional twenty-four-hour samples and flow measurements shall be obtained by the City, and all of the costs of such sampling and analyses shall be paid by such industrial user.
(B) For the purpose of establishing the correct treatment surcharge, the data that are obtained in the samplings that are provided for in Subsection (A)
of this Section, together with any other relevant information that is obtained by the City or submitted by the industrial user, shall be used by the City in determining the quantity parameters that are to be used in the surcharge formula. An industrial user who is found to be discharging at a flow rate, or in a quantity of flow, biochemical oxygen demand, phosphorus or suspended solids, that is significantly in excess of that which is stated in its wastewater contribution permit or in excess of the quantities that are reported to the City by such industrial user shall, in the absence of other evidence, be presumed to have been discharging at the determined parameter values at all times during the preceding three years or at all times subsequent to the previous verification of quantity parameters by the City, whichever period is shorter.
(Ord. 3713 § 34, 1993: Ord. 3447 § 128, 1989)

(A) Within one hundred eighty days after the effective date of a categorical standard or the final decision on a categorical determination submission, whichever is later, an industrial user subject to the standard must submit to the City a report that indicates whether the industrial user meets the standard. At a minimum, the report shall contain the information required in 40 CFR 403.12(b)(1-7) and shall indicate the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for the these process units in the user facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement will be certified in accordance with the requirements of 40 CFR 403.12(b)(6), 40 CFR 403.12(l) and 40 CFR 403.6(a)(2)(ii) and signed by an authorized representative of the industrial user. At least ninety days prior to commencement of discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the City a report which contains the information listed in 40 CRF 403.12(b)(1-5). New sources shall also be required to include in this report information of the method of pretreatment the source intends to use to meet applicable pretreatment standards. New sources shall give estimates of the information requested in 40 CFR 403.12(b)(4 and 5). This report shall be certified in accordance with the requirements of 40 CFR 403.12(b)(6), 40 CFR 403.12(l) and 40 CFR 403.6(a)(2)(ii) and signed by an authorized representative of the industrial user.
(B) Each Class I industrial user who is required to submit a compliance schedule must report its progress to the City within fourteen days after each date in its schedule.
(C) Within ninety days after the date for the final compliance by such industrial user with any applicable categorical standard, an industrial user who is affected by such standard, and any user which may become subject to categorical standards after commencement of its wastewater discharge, must submit to the City a report that indicates the nature and concentration of all of the limited pollutants in the regulated discharges from such industrial user’s facilities and the average daily flow and the maximum daily flow of such discharges. Such report also must indicate whether or not the pretreatment standards are being met on a consistent basis. This report shall be certified in accordance with the requirements of 40 CFR 403.12(b)(6), 40 CFR 403.12(l) and 40 CFR 403.6(a)(2)(ii) and signed by an authorized representative of the industrial user.
(D) Each Class I industrial user who is subject to a pretreatment standard shall, after the date for compliance with such pretreatment standard, or, in the case of a new source, after the commencement of the introduction of wastewater into the system, submit to the City, during the months of June and December of each year or as may otherwise be required in such pretreatment standard or by the Director, a report that indicates the nature and concentration of the pollutants in the effluent from such industrial user’s facility which are limited by such pretreatment standard. Additionally, such report shall, without limitation, include a record of all daily flows which, during the reporting period, exceeded the average daily flows that are reported in accordance with this Chapter. At the discretion of the Director and in consideration of the local high and low flow rates, holidays, budget cycles and similar factors, the Director may agree to alter the months during which the reports that are required by this Section are to be submitted. This report shall be certified in accordance with the requirements of 40 CFR 403.12(b)(6), 40 CFR 403.12(l) and 40 CFR 403.6(a)(2)(ii) and signed by an authorized representative of the industrial user.
(E) Each industrial user shall notify the City immediately of any slug loading at its facility.
(F) Each industrial user shall notify the City immediately of any upset at its facility.
(G) Each industrial user shall notify the City with respect to any bypass at its facilities in accordance with LVMC 14.17.135.
(H) Each industrial user shall notify the City, the Environmental Protection Agency (EPA) Regional Waste Management Division Director, and State hazardous waste authorities in writing of any discharge into the system of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261.
(Ord. 3713 § 35, 1993: Ord. 3447 § 129, 1989)

(A) Each industrial user who is subject to the Federal pretreatment regulations (40 CFR 403) shall maintain the records of all information that results from any