Columbus, Georgia

Sanitary Sewer and Disposal Ordinance

#83-101

















Columbus Water Works



Columbus, Georgia

















August, 2004









39



Ordinance No. 83-101



AN ORDINANCE



AN ORDINANCE ADOPTED DECEMBER 27, 1983, AS AMENDED MAY 29,1990, FEBRUARY 12,

1991, SEPTEMBER 22, 1998 AND AUGUST 10, 2004, REGULATING THE USE, MAINTENANCE,

INSTALLATION AND CONNECTION OF BUILDING AND OTHER SANITARY SEWERS; ESTABLISHING

STANDARDS OF LIQUID WASTES ACCEPTABLE INTO THE SANITARY SEWAGE SYSTEM OF

COLUMBUS, GEORGIA; REGULATING INDUSTRIAL WASTES DISCHARGED INTO THE SANITARY

SEWER SYSTEM; PROVIDING A SYSTEM OF FEES AND CHARGES FOR INDUSTRIAL WASTE AND

OTHER CONTRIBUTORS; PROVIDING REMEDIES AND PENALTIES FOR VIOLATION HEREOF; AND

FOR OTHER PURPOSES.



Section 1 - General Provisions



1.1 Purpose and Policy



The purpose of this ordinance is to regulate the use of public sewers and the

installation and connection of building sewers; to establish standards of

permissible liquid wastes acceptable into the sanitary sewer system of

Columbus; to regulate industrial and commercial wastes discharged into the

sanitary sewage system; to provide a system of surcharges for industrial waste

contributors; and to provide penalties for violations and other purposes. This

ordinance shall apply to Columbus, Georgia, and to persons outside Columbus,

Georgia, who are, by contract or agreement with the Columbus Water Works, Users

of the Columbus Water Works Treatment system. Except as otherwise provided

herein, the Board of Water Commissioners shall implement, administer, and

enforce the provisions of this Ordinance.



1.2 Definitions



Unless the context specifically indicates otherwise, the following words, terms

and phrases, as used in this Ordinance, shall have the meanings hereinafter

designated:



(1) Act or ?The Act?. The Federal Water Pollution Control Act, also known as

the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.



(2) Approval Authority. The Director of the Environmental Protection Division

of the Georgia Department of Natural Resources.



(3) Authorized Representative of the Industrial/Commercial User. (1) If the

user is a corporation: (a) The president, secretary, treasurer, or a

vice-president of the corporation in charge of a principal business function,

or any person who performs similar policy or decision-making functions for the

corporation; OR (b) The manager of one or more manufacturing, production or

operation facilities employing more than two hundred fifty (250) persons or

having gross annual sales or expenditures exceeding twenty-five (25) million

dollars (in second-quarter 1980 dollars), if authority to sign documents has

been assigned or delegated to the manager in accordance with corporate

procedures. (2) If the user is a partnership or sole proprietorship: a general

partner or proprietor, respectively. (3) If the user is a Federal, State or

local government facility: a director or highest official appointed or

designated to oversee the operation and performance of the activities of the

government facility, or their designee.



(4) The individuals described in paragraphs 1 through 3, above, may designate

another authorized representative if the authorization specifies the individual

or position responsible for the overall operation of the facility from which

the discharge originates or having overall responsibility for the environmental

matters for the company, and the written authorization is submitted to the

Columbus Water Works.



(5) Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in the

biochemical oxidation of organic matter under standard laboratory procedure in

five (5) days at 20o centigrade expressed in milligrams per liter (mg/L).



(6) Board. The Board of Water Commissioners, Columbus, Georgia, or its duly

authorized and appointed representatives.



(7) Building Sewer. A sewer conveying wastewater from the premises of a User

to the public sewer or other place of disposal.



(8) Categorical Standards. Any regulation containing pollutant discharge

limits promulgated by EPA in accordance with Sections 307 (b) and (c) of the

Act (33 U.S.C. 1317) which apply to a specific category of users and which

appear in 40 CFR Chapter I, Subchapter N, Parts 405-471, et.seq.



(9) City. Columbus, Georgia, a consolidated government.



(10) Classification Code. The code given to distinguish food service

establishments according to the service they provide.



(11) Code of Federal Regulations (CFR) . A codification of the general and

permanent rules published in the Federal Register by the Executive departments

and agencies of the Federal Government.



(12) Columbus Water Works or Water Works. The water and sewer system of

Columbus, Georgia whose governing body is the Columbus Board

of Water Commissioners.



(13) Combined Sewer. A sewer receiving both storm water and sanitary sewage.



(14) Cooling Water. The water discharged from any use such as air conditioning,

cooling or refrigeration, or as to which the only pollutant added is

heat.



(15) Control Authority. The Columbus Water Works whose governing body is the

Columbus Board of Water Commissioners.



(16) Direct Discharge. The discharge of treated or untreated wastewater

directly to the waters of the State of Georgia.



(17) Domestic Sewage. Water carrying wastes of human origin, as opposed to

commercial or industrial activities.



(18) Environmental Protect Agency, or EPA. The U.S. Environmental Protection

Agency, or where appropriate the term may also be used as a designation for the

Administrator or other duly authorized official of said agency.



19) Environmental Protection Division or EPD. The Environmental Protection

Division of the Department of Natural Resources of the State of Georgia.

(21) Existing Source. Any source of discharge, the construction or operation of

which commenced prior to the publication by EPA of proposed categorical

pretreatment standards, which will be applicable to such source, if the

standard is thereafter promulgated in accordance with Section 307 of the Act.



(22) Fats, Oils, and Grease (FOG). FOG is defined to include but not limited to

the accumulation of oils, fats, cellulose, grease, and other substances that

are composed primarily of fatty matter from animal and vegetable sources and

from hydrocarbons of petroleum origin.



(23) Food Service Establishment. Any facility, excluding single-family

dwellings, discharging kitchen or food preparation wastewater into the sewer

system. Any facility that in the opinion of the controlling authority would

require a grease trap/interceptor installation by virtue of its operation.



(24) Grab Sample. A sample, which is taken from a waste stream on a

one-time basis, with no regard to the flow in the waste stream and without

consideration of time.



(25) Grease Trap/Interceptor. A device/pretreatment system utilized to effect

separation of FOG in wastewater effluent to prevent excessive amounts of FOG

discharges to the sanitary sewer system.



(26) Holding tank waste. Any waste from holding tanks such as vessels,

chemical toilets, campers, trailers, septic tanks and vacuum-pump trucks.



(27) Indirect Discharge. The discharge or the introduction of non domestic

pollutants from any source regulated under Section 307, (b) or (c) of the Act,

(33 U.S.C. 1317), into the POTW (including holding waste discharged into the

system).



(28) Industrial/Commercial User. A source of Indirect Discharge, which does not

constitute a ?discharge of pollutants? under regulations, issued pursuant to

Section 402, of the Act. (33 U.S.C. 1342)



(29) Industrial/Commercial Wastes. The liquid wastes from industrial

manufacturing processes, trade or commercial business, as distinct from

domestic sewage.



(30) Interference. A discharge, which alone or in conjunction with a

discharge or discharges from other sources, inhibits or disrupts the POTW, its

treatment processes or operations or its sludge processes, use or disposal; and

therefore, is a cause of a violation of the Columbus Water Works NPDES permit

or of the prevention of sewage sludge use or disposal in compliance with any of

the following statutory/regulations: Section 405 of the Act; the Solid Waste

Disposal Act, including Title II commonly referred to as the Resource

Conservation Recovery Act (RCRA); any State regulations contained in any State

sludge management plan prepared pursuant to Subtitle D of the Solid Waste

Disposal Act; the Clean Air Act; the Toxic Substance Control Act; and the

Marine Protection, Research, and Sanctuaries Act.



(31) North American Industry Classification System (NAICS). The system

used to categorize industrial users according to types of manufacturing and

products produced.



(32) National Categorical Pretreatment Standard or Pretreatment Standard. Any

regulation containing pollutant discharge limits promulgated by the EPA in

accordance with Section 307 (b) and (c) of the Act (33 U.S.C. 1317) which

applies to a specific category of Industrial Users.



(33) Natural Outlet. Any outlet into the waters of the State of Georgia.



(34) National Pollution Discharge Elimination System or NPDES Permit. A permit

issued to Section 402 or the Act (33 U.S.C. 1342).



(35) New Source. (1) Any building, structure, facility, or installation from

which there is (or may be) a discharge of pollutants, the construction of which

commenced after the publication of proposed pretreatment standards under

Section 307 (c) of the Act which will be applicable to such source if such

standards are thereafter promulgated in accordance with that section, provided

that:

(a) The building, structure, facility, or installation is constructed at a site

at which no other source is located; or

(b) The building, structure, facility, or installation totally replaces the

process or production equipment that causes the discharge of pollutants at an

existing source; or

(c) The production or wastewater generating processes of the building,

structure, facility, or installation are substantially independent of an

existing source at the same site. In determining whether these are

substantially independent, factors such as the extent to which the new facility

is integrated with the existing plant, and the extent to which the new facility

is engaged in the same general type of activity as the existing source, should

be considered.

(2) Construction on site at which an existing source is located results in a

modification rather than a new source if the construction does not create a new

building, structure, facility, or installation meeting the criteria of Section

(1)(b) or (c) above but otherwise alters, replaces, or adds to existing process

or production equipment.

(3) Construction of a new source as defined under this paragraph has commenced

if the owner or operator has:

(a) Begun, or caused to begin, as part of a continuous onsite construction

program

(i) any placement, assembly, or installation of facilities or equipment; or

(ii) significant site preparation work including clearing, excavation, or

removal of existing buildings, structures, or facilities which is necessary for

the placement, assembly, or installation of new source facilities or equipment;

or

(b) Entered into a binding contractual obligation for the purchase of

facilities or equipment which are intended to be used in its operation within

reasonable time. Options to purchase or contracts that can be terminated or

modified without substantial loss, and contracts for feasibility, engineering,

and design studies do not constitute obligation under this paragraph.



(36) Objectionable Wastes. Any wastes that can harm or damage the sewers,

sewage treatment process, or equipment, have an adverse effect on the receiving

stream, or otherwise endanger life, health, or property, or constitute a

nuisance.



(37) Pass Through. A discharge which exits the POTW into waters of the United

States in quantities or concentrations which, alone or in conjunction with a

discharge or discharges from other sources, is a cause of a violation of any

requirements of the Columbus Water Works NPDES permit, including an increase in

the magnitude or duration of a violation.



(38) Permit. An official document, authorized by the Columbus Water Works,

that list parameters and regulations that apply to those facilities

specifically required to hold a permit.



1. Industrial Permit - is issued to those facilities by virtue of their

manufacturing process that introduce pollutants through their discharge to

the POTW.

2. Wastehaulers Permit- is issued to companies that transport wastewater to the

head works of the POTW.

3. Commercial Permit- is issued to those facilities that are classified under

the NAICS as non-manufacturing, that discharge waste to the POTW other than

domestic.



(39) Person. Any individual, partnership, firm, company, corporation,

association, joint stock company, trust, estate, governmental entity or any

other legal entity. The masculine gender shall include the feminine, the

singular shall include the plural where indicated by the context.



(40) pH. The logarithm (base 10) of the reciprocal of the concentration of

hydrogen ions expressed in moles per liter of solution.



(41) Pollution. The man-made or man-induced alteration of the chemical,

physical, biological, and radiological integrity of water.



(42) Pollutant. Any dredged soil, solid waste, incinerator residue, sewage,

garbage, sewage sludge, munitions, chemical wastes, biological materials, heat,

wrecked or discharged equipment, rock, sand, cellar dirt and industrial,

municipal, agriculture waste discharged into water and other compounds causing

pollution as defined above.



(43) Pretreatment or Treatment. The reduction of the amount of pollutants, the

elimination of pollutants, or the alteration of the nature of pollutant

properties in wastewater to a less harmful state prior to or in lieu of

discharging or otherwise introducing such pollutants into a POTW. The reduction

or alteration can be obtained by physical, chemical or biological processes, or

process changes by other means, except as prohibited by 40 CFR Section 403.6(d).



(44) Pretreatment Requirements. Any substantive or procedural requirement

related to pretreatment, other than a National Categorical Pretreatment

Standard imposed on an Industrial User.





(45) Publicly Owned Treatment Works (POTW). A treatment work as defined by

Section 212 of the Act, (33 U.S.C. 1292) which is owned in this instance by the

Columbus Water Works. This definition includes any sewers that convey

wastewater to the POTW treatment plant, but does not include pipes, sewers or

other conveyances not connected to a facility providing treatment. For the

purpose of this Ordinance, ?POTW? shall also include any sewers that convey

wastewaters to the POTW from persons outside Columbus, Georgia, who are, by

contract or agreement with the Columbus, Georgia, and/or the Columbus Water

Works, Users of the Water Works POTW.



(46) Public Sewers. A sewer in which all owners of abutting properties have

equal rights, and which is controlled by the Columbus Water Works and/or

Columbus, Georgia.



(47) POTW Treatment Plant. That portion of the POTW designed, intended and/or

used to provide treatment to wastewater.



(48) Sara Title III. The Emergency Planning and Community Right to Know Act of

1986. Sara Title III establishes requirements for Federal, State, local

governments, and industry for emergency planning and reporting of hazardous and

toxic chemicals.



(49) Sewage. A combination of the water-carried wastes from residences,

business buildings, institutions and industrial establishments, together with

such ground, surface, and storm waters as may be present.



(50) Sewer. A pipe or conduit for carrying sewage.



(51) Shall is mandatory; May is permissive.



(52) Significant Industrial User. Any Industrial User of the Columbus Water

Works wastewater disposal system who; (i) has an average flow of 25,000 gallons

or more per average work day of non-domestic sewage, or (ii) has a process

wastewater flow greater that 5% of the average dry weather hydraulic or organic

capacity of the Columbus Water Works wastewater treatment plant, or (iii) has

in its wastes toxic pollutants as defined pursuant to Section 307 of the Act or

State Statute and EPD rules, or is subject to Categorical Pretreatment

Standards, or (iv) is found by the Columbus Water Works, EPD, or EPA to have

significant impact, either singly or in combination with other contributing

industries, on the public sewers, on the wastewater treatment system, the

quality of sludge, the system?s effluent quality, or air emissions generated by

the system. Upon finding that an industrial user meeting the above mentioned

criteria has no reasonable potential for adversely affecting the POTW?s

operation or violating any pretreatment standard or requirement, the Columbus

Water Works may at any time, on its own initiative or in response to a petition

received from an industrial user, and in accordance with 40 CFR 403.8(f)(6),

determine that such industrial user is not a significant industrial user.



(53) Slug Discharge. Any discharge or water, sewage, or industrial waste which

in concentration of any given constituent or in quantity of flow exceeds for

any period of duration longer that fifteen (15) minutes more than five (5)

times the average twenty-four hour concentration or flow during normal

operation.





(54) State. State of Georgia.



(55) Standard Industrial Classification (SIC). A classification pursuant to

the Standard Industrial Classification Manual issued by the

office of Management and Budget 1972.



(56) Storm Water. Any flow occurring during or following any form of

natural precipitation and resulting there from.



(57) Suspended Solids. The total suspended matter that floats on the

surface of, or is suspended in, water, wastewater or other liquids, and which

is removable by laboratory filtering.



(58) Toxic Pollutant. Any pollutant or combination of pollutants listed as

toxic in regulations promulgated by the Administrator of the Environmental

Protection Agency under the provision of Section 307 (a) of the Act or other

Acts.



(59) Total Toxic Organics (TTO). The sum of the mass or concentration of

specific organic compounds.



(60) User. Any person who contributes, causes or permits the contribution of

wastewater into the Columbus Water Works? POTW.



(61) Vice President. The Vice President of the Columbus Water Works whose

duties include environmental compliance management.



(62) Wastehauler. Any company or user that transports wastewater to the head

works of the POTW.



(63) Wastewater. The liquid and water-carried industrial or domestic wastes

from dwellings, commercial buildings, industrial facilities, and institutions,

whether treated or untreated, which is contributed into or permitted to enter

the POTW.



(64) Waters of the State. All streams, lakes, ponds, marshes, watercourses,

waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage

systems and all 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.



(65) Wastewater Discharge Permit. As set forth in Section 8.3 of this Ordinance.



1.3 Abbreviations



The following abbreviations shall have the designated meanings:

BOD - Biochemical Oxygen Demand

CFR - Code of Federal Regulations

COD - Chemical Oxygen Demand

EPA - Environmental Protection Agency

FOG ? Fats, Oils & Grease

L - Liter

mg - Milligrams

mg/L - Milligrams per liter

EPD - Environmental Protection Division

CWW - Columbus Water Works

NAICS ? North American Industry Classification System

NPDES - National Pollutant Discharge Elimination Division

POTW - Publicly Owned Treatment Works

SIC - Standard Industrial Classification

SWDA - Safe Drinking Water Act

USC - United States Code

TTO- Total Toxic Organic

TSS - Total Suspended Solids

IU ? Industrial User



! 1.4 Effective Dates



The effective date of this Ordinance shall be January 6, 1984.

The effective date for approved revisions to this Ordinance shall be August 10,

2004.





SECTION 2 - USE OF PUBLIC SEWERS REQUIRED



2.1 Unsanitary, Offensive Deposits on Property Generally



It shall be a violation of this Ordinance for any person to place, deposit or

permit to be deposited in any unsanitary manner on public or private property

within any area under the Jurisdiction of Columbus, Georgia, and/or the

Columbus Water Works, any human or animal excrement, garbage or other

objectionable waste.



2.2 Discharging Waste to Natural Outlets



It shall be a violation of this Ordinance to discharge to any natural outlet or

storm sewer system within any area in Columbus, Georgia and/or under the

jurisdiction of the Columbus Water Works any sewage or other polluted waters,

except where suitable treatment has been provided in accordance with subsequent

provisions of this Ordinance, or a NPDES permit which has been issued by the

Georgia Environmental Protection Division.



2.3 Private Sewage Disposal



Except as hereinafter provided, construction or maintenance of any privy, privy

vault, septic tank, cesspool or other facility intended or used for the

disposal of sewage is prohibited.



2.4 Sewer Connection Required if Available



The owner of all houses, buildings or properties used for human occupancy,

employment, recreation or other purposes, situated within the jurisdiction of

Columbus, Georgia, and abutting on any street, alley or right-of-way in which

there is now located or may in the future be located, a public sanitary or

combined sewer, are hereby required at their expense to install adequate and

suitable toilet facilities therein for all occupants and/or Users of said

property and to connect such facilities with the proper public sewer in

accordance with the provisions of this Ordinance, within ninety (90) days after

the date of official notice to do so, provided that said public sewer is within

the required distance. In the event pumping is required for access to the

public sewer, the pumping facility shall be installed and maintained by the

owner.



As for commercial and industrial users, the quality of the wastewaters must be

analyzed and an assessment of those waters reviewed for proper disposal

methods. Based on this assessment and where CWW?s sewage conveyance system is

available, those industrial and commercial users shall at their own expense and

without regard to distance to the sanitary sewer system, install a sewage

conveyance system to be connected to the Sanitary Sewer System of Columbus,

GA.





SECTION 3 - PRIVATE SEWAGE DISPOSAL



3.1 Connection to Private Systems

Where a public sanitary or combined sewer is not available under the provisions

of Section 2.4 above, the building sewer shall be connected to a private sewage

disposal system complying with the provisions of this Section 3.



3.2 Refer Application to Health Department



Application for permits to construct, repair, alter, enlarge, and/or use

privies; privy vaults, cesspools, aeration systems and septic tanks shall be

referred to the Muscogee County Health Department.



3.3 Acceptable Private Sewage Disposal



The type, capacities, location and layout of a private sewage disposal system

shall comply with all recommendations of the Georgia Department of Human

Resources and the Muscogee County Health Department. No septic tank or cesspool

shall be permitted to discharge to any natural outlet.



Any septic tanks, cesspools and similar private sewage disposal facilities

shall be abandoned at the end of such ninety (90) day period. The private

sewage disposal system shall be cleaned of sludge and filled with clean

bank-run gravel or dirt by the Owner. Also, a property owner must repair and/or

replace a private sewer connection within ninety (90) days of notification by

the Columbus Water Works that the repairs or a replacement is necessary. If the

owner fails to complete the repairs/replacements within the ninety (90) days,

enforcement actions may include, but not limited to, disconnection of water

and/or sewer services and/or fines as set forth in Section 10 of this ordinance.



3.4 Private Operation and Funding



The owner shall operate and maintain the private sewage disposal facilities in

a sanitary manner at all times, at no expense to the Water Works, unless an

agreement in writing has been made with the Columbus Water Works for such

operation and maintenance.





3.5 Muscogee County Health Department



No statement contained in this article shall be construed to interfere with any

additional requirements that may be imposed by the Muscogee County Health

Department.



3.6 Hauled Wastewater



All wastehaulers are required to obtain a permit, issued by CWW prior to any

discharge to the POTW.

(a) Septic tank, grease-trap, and industrial waste may be introduced into the

POTW only at locations designated by the Columbus Water Works, and at such

times as are established by the Superintendent of the POTW. Such wastes shall

not violate Section 5 of this Ordinance or any other requirements established

by the Columbus Water Works

(b) The Columbus Water Works shall require generators of hauled industrial

waste to obtain wastewater discharge permits. The Water Works also may prohibit

the disposal of hauled industrial waste. The discharge of hauled industrial

waste is subject to all other requirements of this Ordinance. The Water Works

may also require haulers of permitted wastes to pay a fee for disposal at the

Pollution Control Facility.

(c) Industrial waste haulers may discharge loads only at locations designated

by the Columbus Water Works. No load may be discharged without prior consent of

the Water Works. The Water Works may collect samples of each hauled load to

ensure compliance with applicable standards. The Columbus Water Works may

require the industrial waste hauler to provide a waste analysis of any load

prior to discharge.

(d) Industrial waste haulers must provide a waste-tracking or manifest form for

every load. This form shall include, at a minimum, the name and address of the

industrial waste hauler, permit number, truck identification, names and

addresses of the sources of the wastes, and volume and characteristics of the

waste. The form shall identify the type of industry, known or suspected waste

constituents, and whether any wastes are RCRA hazardous wastes.





SECTION 4 - BUILDING SEWERS AND CONNECTIONS



4.1 Application Required



No person shall uncover, make any connections with or opening into, use, alter,

damage, or disturb any public sewer or appurtenance thereof without first

obtaining written authorization from the Columbus Water Works.



4.2 Connection Application



An owner or his agent shall make application for a sewer connection on a

special form furnished by the Columbus Water Works. The application shall be

supplemented by any plans, specifications or other information required by the

Columbus Water Works. A connection fee of an amount set by the Columbus Water

Board for a residential, commercial or industrial building sewer connection as

the case may be, shall be paid to the Columbus Water Works at the time the

application is filed.







4.3 Responsibility for Cost



All costs and expenses incidental to the installation and connection of the

building sewer shall be borne by the owner. The owner shall indemnify the

Columbus Water Works from any loss or damage that may directly or indirectly be

caused by the installation of the building sewer.



4.4 Number of Sewers Required



A separate and independent building sewer shall be provided by the owner for

every building; except where one building stands at the rear of another on an

interior lot and no private sewer is available or can be constructed to the

rear building through an adjoining alley, court, yard or driveway, the building

sewer from the front building may be extended to the rear building and the

whole considered as one building sewer.



4.5 Old Building Sewer Acceptable



Old building sewers may be used in connection with new buildings only when, on

examination and test by the Columbus Water Works they meet all requirements of

this Ordinance.



4.6 Technical Specifications



The size, slope, alignment, materials of construction of a building sewer, and

the methods to be used in excavating, placing of the pipe, jointing, testing,

and backfilling the trench, shall all conform to the specifications of the

Columbus Water Works for the design and installation of sewer mains in Muscogee

County



4.7 Sewer Depth and Pumping Requirement



Whenever possible, the building sewer shall be brought to the building at an

elevation below the basement floor or concrete slab. In all buildings in which

any building drain is too low to permit gravity flow, based on minimum

hydraulic design, to the public sewer, sanitary sewage carried by such building

drain shall be lifted up and discharged to the building sewer at the expense of

and maintained by the owner.



4.8 Surface Runoff Prohibited



No person or property owner shall make a connection of roof downspouts,

exterior foundations drains, areaway drains or other sources of unpolluted

surface runoff or groundwater to a building/facility sewer or building which in

turn is connected directly or indirectly to a public sanitary sewer. If a

connection already exists, the person or property owner shall have, upon

notification by the Columbus Water Works, ninety, (90), days to remove the

illegal connection.

Facilities such as, but not limited to Carwashes and Detail shops must have in

place devices/structures to prevent surface runoff from entering the sanitary

sewer. Approved devices/structures may include the following: Roofs, structure

sides, berms, and other applications approved by the Columbus Water Works.

If the connection has been previously approved by the Columbus Water Works, a

fee or surcharge may be imposed on the facility for the treatment of the

surface runoff and to compensate for the extra hydraulic loading.



4.9 Connections to Public Sewer



The connection of the building sewer into the public sewer shall conform to the

specifications for the design and installation of sewer mains in Muscogee

County. The Columbus Water Works requires that all such connections shall be

made gastight and watertight. Any deviation from the prescribed procedures and

materials, must be approved before installation by Columbus Water Works so as

not to be in violation of the Codes and Ordinances of Columbus, Georgia.



4.10 Inspection and Supervision



The applicant for the building sewer permit shall notify the Columbus Water

Works before any backfill when the building sewer is ready for inspection and

connection to the public sewer. The connection shall be made under the

supervision of a representative of Water Works.



4.11 Safety

All excavations for building sewer installation shall be adequately guarded

with barricades, lights, or other means so as to protect the public from

danger. Streets, sidewalks, parkways and other public property, disturbed in

the course of the work, shall be restored by the building owner in a

workman-like manner in accordance with the Codes and Ordinances of Columbus,

Georgia, and requirements of the Georgia Department of Transportation (DOT).





SECTION 5 - PROHIBITIONS AND LIMITATIONS OF WASTEWATER DISCHARGES



5.1 General Discharge Prohibitions



No user shall contribute or distribute, directly or indirectly, any pollutant

or wastewater that will cause interference or pass-through of the POTW. These

general prohibitions apply to all Users of a POTW in addition to all other

provisions of the General Pretreatment Regulations for Existing and New Sources

of Pollution (40 CFR Part 403) or any national, State, or local Pretreatment

Requirements. A user may not contribute or distribute the following substances

to any POTW.



(A) Any liquids, solids, or gases which by reason of their nature or quantity

are, or may become, sufficient either alone or by interaction with other

substances to cause fire or explosion or be injurious in any other way to the

POTW or to the operation of the POTW Prohibited materials include, but are not

limited to, gasoline, naphtha, benzene, fuel oil or any wastestream which has

a closed-cup flash point of less than 140o F (60o C) using the test methods

specified in 40 CFR 261.21 and which is a fire hazard to the system.



(B) Any solid or viscous substances which may cause obstruction to the flow in

a sewer or other interference with the operation of the wastewater treatment

facilities such as, but not limited to: grease, garbage with

particles greater than one-half (2) inch in any

dimension, animal guts or tissues, paunch, manure, bones, hair hides or

fleshings, entrails, whole blood, feathers, ashes,

cinders, sand, spent lime, stone or marble dust, metal,

glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste

paper, wood, plastics, gas, tar, asphalt residues, residues from

refining, or processing of fuel or lubricating oil, mud, or glass

grinding or polishing wastes.



(C) Any wastewater having a pH less than 5.5 or greater than 10.0 or

wastewater having any other corrosive property capable of causing damage or

hazard to structures, equipment, and/or personnel of the POTW. A user that

discharges less than 50,000 gallons per day of process wastewater, may be

allowed to discharge wastewater having a pH not less than 5.5 or greater than

11.0 as determined and approved by the Columbus Water Works.



(D) Any wastewater containing toxic pollutants in sufficient quantity, either

singly or by interaction with other pollutants, to injure or interfere with

any wastewater treatment process, constitute a hazard to humans or animals,

create a toxic effect in the receiving waters of the POTW, or to exceed the

limitation set forth in a categorical Pretreatment Standard. A toxic pollutant

shall include but not be limited to any pollutant identified pursuant Section

307 (a) of the Act, Sara Title III or TTO list.



In the event of toxicity being found in the POTW, the Columbus

Board of Water Commissioners Water Works may at its discretion require

Industrial Users to participate in a Toxicity Reduction Evaluation in

accordance with the provisions of the Columbus Water Works NPDES permits.



(E) Any pollutants that are noxious, toxic or malodorous liquids, gases, or

solids which either singly or by interaction with other wastes are sufficient

to create a public nuisance or an acute hazard to life or are sufficient to

prevent entry into the sewers for maintenance and repair.



(F) Any substance which may cause the POTW?s effluent or any other product of

the POTW such as residues, sludges, or scums to be unsuitable for reclamation

and reuse or to interfere with the reclamation process. In no case shall a

substance discharged to the POTW cause the POTW to be in non-compliance with

sludge use or disposal criteria, guidelines or regulations developed under

Section 405 of the Act; any criteria, guidelines, or regulations affecting

sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the

Clean Air Act, the Toxic Substances Control Act, or State Criteria applicable

to the sludge management method being used.



(G) Any substance, which will cause the POTW to violate its NPDES Permit or

the receiving stream water quality standards.



(H) Wastewater which imparts color which cannot be removed by the treatment

process, such as, but not limited to, dye wastes and vegetable tanning

solutions, which consequently imparts color to the treatment plant?s effluent,

thereby violating the Columbus Water Work?s NPDES permit.



(I) Heat in amounts which will inhibit biological activity in POTW treatment

plant resulting in interference or heat in amounts along with corrosive

characteristics of the wastewater, accelerate corrosion of the collection

system piping or pump station structures and/or pump station equipment, but in

no case wastewater with a temperature at the introduction into the public sewer

which exceeds 65.5oC (150oF). Also prohibited is any wastewater with a

temperature which will cause the temperature at the POTW influent to exceed

40oC (104oF).



(J) Any slug discharge of wastes, including oxygen demanding pollutants (BOD,

COD, etc.) released at a flow rate and/or pollutant concentration which will

cause interference to the POTW.



(K) Any wastewater containing any radioactive wastes or isotopes of such

half-life or concentration as may exceed limits established in compliance

with applicable State or Federal regulations.



(L) Any petroleum oil, non-biodegradable cutting oil, or products of mineral

oil origin in amounts that will cause interference or pass through.



(M) Trucked or hauled pollutants, except at discharge points designated by the

Columbus Water Works in accordance with Section 3.7 of this ordinance.



5.2 National Pretreatment Standards



The categorical pretreatment standards found in 40 CFR Chapter I, Subchapter N

are hereby incorporated. Certain Industrial Users are now or shall become

subject to these categorical pretreatment standards promulgated by the

Environmental Protection Agency, specifying quantities or concentrations of

pollutants or pollutant properties which may be discharged into the POTW. All

Industrial Users subject to categorical pretreatment standard may also be

subject to the limitations established in Column B of Section 5.3 or by the

State of Georgia. Compliance with categorical pretreatment standards for

existing sources shall be subject to the requirements in Section 8.14 of this

ordinance. Compliance with categorical pretreatment standards for new sources

shall be required upon promulgation of the standard by the Environmental

Protection Agency.



5.3 Limitations on Wastewater Strength and Flow Rate



No person or User shall discharge wastewater in excess of the concentration set

forth in Column A below unless a special permit condition is issued with their

wastewater discharge permit. Special permit conditions may be issued for the

following reasons:



(a) The User is in compliance with categorical pretreatment standards, and

the receiving plant?s influent wastewater characteristic is with in the

guidelines established to protect the treatment plant operations and

receiving stream water quality.



(b) In the case whereas the industrial user will have to construct or build a

system to treat its effluent to within the permitted limits, a compliance

schedule may be set forth for a particular industrial user to comply with

permitted limits,.



(c) For Industrial Users having discharges of less than 10,000 gallons per day,

a mass limit may be applied based on the maximum acceptable concentration at

a flow of 10,000 gallons per day.



Tabulated in Column B are the maximum concentrations of the indicated

constituents that are allowed in the waste stream at the influent of a

treatment facility. Should these concentrations be exceeded, the discharge

limits of the industrial Users may be reduced below the limits in Column A. The

Industrial Users may be required to reduce their concentrations to alternate

limits set by the Water Works to ensure that the level in the POTW influent

does not exceed the concentrations in Column B.





From point source Loading to the

headworks

(Industrial outfall) of Pollution Control Plant

A B

Maximum Maximum

Concentration Concentration

PARAMETER (MG/L) (MG/L)

Arsenic 0.25 0.01

Cadmium 0.13 0.008

Chromium (Total) 11.68 0.293

Copper 2.26 0.067

Cyanide 0.16 0.003

Grease & Oil 200.0 ____

Lead 0.79 0.042

Mercury 0.12 0.0006

Nickel 1.57 0.08

Phenol 77.54 4.338

Selenium 0.66 0.03

Silver 6.86 0.126

Zinc 2.17 0.105

Molybdenum 1.02 0.05



The Federal categorical pretreatment standards may establish limits for

parameters not listed previously in this section, including specific organic

substances. Any industry subject to these federal standards shall be required

to meet the established limits through a permit issued by the Water Works. In

addition, the Water Works may limit the discharge of other specific substances

not listed above on a case-by-case basis, if the discharge of that substance is

shown to interfere with the operation or performance of the receiving POTW or

violates any receiving stream water quality standards.



5.4 Dilution Prohibited



No User shall increase the use of process water or, in any way, attempt to

dilute a discharge as a partial or complete substitute for adequate treatment

to achieve compliance with the limitations contained in the National

Categorical Pretreatment Standards, or in any other pollutant-specific

limitation developed by the Columbus Water Works or the State. The Columbus

Water Works may impose mass limitations on an Industrial Users which are using

dilution to meet applicable Pretreatment Standards or Requirements, or in other

cases where the imposition of mass limitations is appropriate.







5.5 Accidental Discharges



Each Industrial User shall provide protection from accidental discharge of

prohibited materials or other substances regulated by this Ordinance.

Facilities to prevent accidental discharge of prohibited materials shall be

provided and maintained at the owner?s or User?s own cost and expense. In the

case of an accidental discharge, it is the responsibility of the User to

immediately notify the POTW of the incident. The notification shall include

location of discharge, type of waste, concentration and volume, and corrective

actions. Within five (5) days following an accidental discharge, the Industrial

User shall submit to the Columbus Water Works a detailed written report

describing the cause of the discharge and the measures to be taken by the User

to prevent similar future occurrences as required by CFR 403. Such notification

shall not relieve the User of any expense, loss, damage or other liability

which may be incurred as a result of damage to the POTW, fish kills, or any

other damage to person or property; nor shall such notification relieve the

User of any fines, civil penalties, or other liability which may be imposed by

this Ordinance to other applicable law. Any User may be required by the

Columbus Water Works to prepare and submit for approval a Spill

Prevention/Contingency Plan. A Spill Prevention/Contingency Plan must address,

at a minimum, the following:



(a) Description of discharge practices, including non-routine batch discharges;



(b) Description of stored chemicals and a site map indicating the areas where

these chemicals are stored;



(c) Procedures for immediately notifying the Columbus Water Works and any of

the required government and local agencies of any accidental discharge or

spill, required in the above paragraph of this section;



(d) Procedures to prevent adverse impact from any accidental or spill

discharge. Such procedures include, but are not limited to, inspection and

maintenance of storage areas, handling and transfer of materials, loading and

unloading operations, control of plant site run-off, worker training, building

of containment structures or equipment, measures for containing toxic organic

pollutants, including solvent, and/or measures and equipment for emergency

response



5.6 Pretreatment



Users shall provide necessary wastewater treatment as required to comply with

this Ordinance and shall achieve compliance with all National Categorical

Pretreatment Standards within the time limitations as specified by the Federal

Pretreatment Regulations. Any facilities required to pretreat wastewater to a

level in compliance with the provisions of the Ordinance shall be provided,

operated, and maintained at the User?s expense. Detailed plans showing the

pretreatment facilities and operating procedures shall be submitted to the

Columbus Water Works for review, and shall be in compliance with the provisions

of this Ordinance before construction of the facility. The review of such plans

and operating procedures will in no way relieve the User from the

responsibility of modifying the facility as necessary to produce an effluent

acceptable to the Columbus Water Works under the provisions of this Ordinance.

Any subsequent changes in the pretreatment facilities or method of operation

shall be reported to and be acceptable to the Columbus Water Works as in

compliance with the provisions of this Ordinance prior to the User?s initiation

of the changes.



5.7 Hazardous Waste Notification



(a) Any user who commences the discharge of hazardous waste shall notify the

POTW, the EPA Regional Waste Management Division Director, and State hazardous

waste authorities, in writing, of any discharge into the POTW of a substance

which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part

261. Such notification must include the name of the hazardous waste as set

forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of

discharge (continuous, batch, or other). If the user discharges more than one

hundred (100) kilograms of such waste per calendar month to the POTW, the

notification shall also contain the following information to the extent such

information is known and is readily available to the user: identification of

the hazardous constituents contained in the wastes, and estimation of the

mass and concentration of such constituents in the wastestream discharged

during that calendar month, and an estimation of the mass constituents in the

wastestream expected to be discharged during the following twelve (12) months.

All notifications must take place no later than one hundred and eighty (180)

days after the discharge commences. Any notifications under this paragraph

need be submitted only once for each hazardous waste discharged. However,

notifications of changed conditions must be submitted under Section 8.3 (I) of

this Ordinance. The notification requirement in this section does not apply to

pollutants already reported by users subject to Categorical Pretreatment

Standards under self-monitoring requirements of Section 8.3 (e) of this

Ordinance.



(b) Dischargers are exempt from the requirements of paragraph A, during a

calendar month in which they discharge no more than fifteen (15)

kilograms of hazardous wastes, unless the wastes are acute

hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of

more than fifteen (15) kilograms of nonacute hazardous wastes in a calendar

month, or of any quantity of acute hazardous waste as specified in 40 CFR

261.30(d) and 261.33(e), requires a onetime notification. Subsequent months

during which the user discharges more than such quantities of any hazardous

waste do not require additional notification.



(c) In the case of any new regulations under 3001 of RCRA identifying

additional characteristics of hazardous waste or listing any additional

substance as a hazardous waste, the user must notify the Columbus Water Works,

the EPA Regional Waste Management Waste Division Director, and State

hazardous waste authorities of the discharge of such substance within ninety

(90) days of such regulations.



(d) In the case of any notification made under this section, the user shall

certify that it has a

Program in place to reduce the volume and toxicity of hazardous wastes

generated to the

degree it has determined to be economically practical.



(e) This provision does not create a right to discharge any substance not

otherwise permitted

to be discharged by this Ordinance, a permit issued thereunder, or any

applicable Federal or State law. No hazardous waste may be discharged without

prior approval by CWW.









5.8 Slug Discharges



At least once every two (2) years, the Columbus Water Works shall evaluate

whether each Significant Industrial User needs a Slug Control Plan. For the

purposes of this subsection, a slug discharge is any discharge of non-routine,

episodic nature, including, but not limited to a non-customary batch discharge.

The Water Works may require any user to develop, submit for approval, and

implement such a plan for the control of slug discharges. Alternatively, the

Columbus Water Works may develop such a plan for any user. A slug discharge

control plan shall address at a minimum, the following:



(a) Description of discharge practices, including non-routine and routine batch

discharges, lockout procedures for all process tanks and storage tanks;



(b) Description of stored chemicals in all process areas;



(c) Procedures for immediately notifying the Columbus Water Works of any

accidental or slug discharges, as required in the above paragraph of this

section;



(d) Procedures to prevent adverse impacts from any slug discharges. Such

procedures include, but are not limited to, inspection

and maintenance of storage areas, handling and transferring of materials,

loading and unloading operations, control of plant site run-off, worker

training, building of containment structures or equipment, measures

for containing toxic organic pollutants, including

solvents, and/or measures and equipment for emergency response.





SECTION 6 - FEES



6.1 Purpose



It is the purpose of this Section to provide for the recovery of costs from

Users of the Columbus Water Works wastewater disposal system. The applicable

charges or fees shall be set forth in the Columbus Water Works schedule of

Charges and Fees.



6.2 Charges and Fees



The Columbus Board of Water Commissioners may adopt charges and fees and from

time to time modify, change, alter, increase or decrease said charges and fees

for Users of the Columbus Water Works POTW. Sewer service charges shall be

prepared and rendered with the water bill. The Board of Water Commissioners is

also authorized to assess a separate fee for Industrial Users for costs

incurred by the Water Works and related to the pretreatment requirements of

this Ordinance. The monthly sewer service charge for users of public sewers

including those facilities that are assessed a surcharge as described in

Section 6.3 who are supplied either wholly or in part with water from wells or

sources of supply other than the Water Works shall be based on the measured

waste flow using the rates in effect at the time. The owners of the premises or

other interested parties shall install a flow measuring device on their waste

discharge lines at no expense to the Water Works. The flow measuring device

shall be of a type that shall perform within 2 percent of accuracy and shall

be located so as to be readily accessible to representatives of the Water

Works. The flow measuring devices shall be calibrated at least once per six

months or whenever requested by the Columbus Water Works.



6.3 Surcharges



All persons discharging high strength waste into the public sewers shall be

charged and assessed a surcharge set by the Water Works, in addition to any

sewer service charge, if these wastes have a concentration of BOD in excess of

300 parts per million, suspended solids in excess of 300 parts per million,

and/or Oil and Grease in excess of 100 parts per million, (note: Oil & Grease

concentrations in excess of 200 parts per million is a violation of Section 5.3

of this ordinance). The surcharge rate is established by the Columbus Board of

Water Commissioners based on the pounds of BOD, suspended solids, and Oil and

Grease discharges in excess of the concentrations stated above.



Said high strength waste (as defined above) of each User discharging same into

the public sewers shall be subject to inspection periodically. A determination

of character and concentration of said waste shall be made semiannually, or

more frequently as determined by the Columbus Water Works. The concentration of

BOD and suspended solids determined from these inspections shall be used to

compute the monthly surcharges. The Columbus Water Works reserves the right to

use COD concentrations in lieu of BOD concentrations, if the BOD concentrations

of the effluent wastestream cannot be obtained due to interference from

chemical constituents in the wastestream. Under these circumstances, COD

concentrations may be used to determine the BOD concentrations. The laboratory

methods used in the examination of the waste shall be those set forth in 40 CFR

136.



6.4 Grease, Oil and Sand Interceptors



Grease, oil and sand interceptors shall be provided for the proper handling of

liquid wastes containing grease in excessive amounts, any flammable wastes,

sands and any other harmful pollutants; except that such interceptors shall not

be required for single family dwelling units. All interceptors shall be of a

type and capacity specified by the Columbus Water Works Grease Trap Program,

Section 7 of this ordinance. Failure to comply may result in termination of

water/wastewater services and/or fines as outlined in the section 10 of this

ordinance.

6.5 Special Agreements



No statement contained in this Ordinance shall be construed as preventing any

special agreement between the Water Works and any industrial concern whereby an

industrial waste of unusual strength or character may be accepted by the Water

Works for treatment, subject to payment therefore by the industrial concern.

The terms and condition of any such agreement may not, however result in a

violation on any Industrial Pretreatment Regulations for Existing and New

Sources of Pollution.





SECTION 7 ? Columbus Water Works Grease/Sand Trap Program



7.1 Purpose



The intent of this program is to ensure compliance with the rules and

regulations set forth in this ordinance and to provide specific standards for

FOG traps/interceptors location, type, size, construction, installation, and

maintenance, to prevent excessive fats, oils, and grease from entering the

Columbus Water Works Sewer System. Food Service Establishments shall provide

means of preventing FOG discharges into the sanitary sewer system by installing

and maintaining traps/interceptors at the owner, leaseholder, or operator?s

expense using the guidelines set forth in this ordinance. Failure to comply may

result in penalties as set forth in Section 10 of this ordinance.



A list of the recommended ratings for commercial grease traps is presented in

table, 1 Section 7.73 of this Ordinance. An alternative to the proprietary

grease trap is the pre-cast or poured in place concrete unit, usually located

outside of the building.



7.2 General Requirements



The following design, administrative, operational, and other

requirements are applicable to all food service establishments. Specific

requirements for grease trap/interceptor construction for both new and existing

food service establishments can be found in section 7.6 of this ordinance.



a. All food service establishments shall have grease-handling systems approved

by the Columbus Water Works. Establishments whose grease-handling facilities

are not in accordance with this ordinance shall install approved devices within

ninety (90) days from initial notification date.

b. All food service establishment operations shall be subject to periodic

review, evaluation, and inspection by CWW.

c. Violations of the FOG standards set forth in this Ordinance may result in

enforcement actions as outlined in Section 9 of this ordinance.

d. Food service establishments whose operations cause or allow excessive grease

to discharge or accumulate in the sewer collection system may be liable for all

cost associated to line blockages, line cleaning, line repair where needed, any

stop-ups or overflows, and any damage to public or private property that is a

direct result of grease accumulation related to the facility in violation.

e. All traps /interceptors shall be designed and installed in accordance with

this ordinance.

f. All food service establishments must complete a permit application for the

discharge of waste from food preparation and food service industries into the

Columbus Water Works Sewer System.

g. The following class codes will be used as a classification system to

categorize the food service facilities

























7.3 Inspection and Sampling



CWW may inspect the facility of any user to determine compliance

with this ordinance. Facilities where wastewater is created or discharged shall

allow CWW representatives ready access at all reasonable times to all parts of

the premises for the purpose of inspection. Unreasonable delays and/or denial

of access shall be in direct violation of this ordinance, and be subject to the

penalties as set forth in Section 10 of this ordinance.



The applicant for the installation of an approved device shall notify the

Columbus Water Works Environmental Compliance Department before any backfill,

and when the device is ready for inspection and connection to the public sewer.

The connection shall be made under the supervision of a representative of Water

Works.



7.4 Trap/Interceptor Maintenance



Maintenance and clean-out schedules shall be provided at the request

of the Columbus Water Works. CWW will evaluate the efficiency of the device

during inspections, and may require an increase or decrease in the frequency of

clean-outs.



7.41 In-ground Devices ? Facilities with these devices shall adhere to a

clean-out maintenance schedule as required by CWW. Schedules will be set using

the following criteria: Business? operating hours, seating capacity, types of

food service provided, size of device, and inspection results.



7.42 Under-Sink/Compartmental Devices ? Facilities that are approved for these

type of devices shall be required to:

A. Clean-out on an as needed basis, minimum once every month.

B. Check devices at a minimum of once per week.

C. Maintain accurate records as defined in section 7.6 of this Ordinance.



7.5 Wastehaulers



Wastehaulers must obtain a permit from CWW. Wastehaulers will

be issued a manifest to record clean-out information. A list of permitted

wastehaulers will be maintained by the Columbus Water Works.



7.51 Proper clean-out Procedures



Proper clean-out procedures include, but are not limited to;

total pump-out, dewatering, sludge/solids removal, and water replacement.

Skimming is not an accepted method of cleaning out grease traps/interceptors.



7.6 Records and Records Retention



Records of FOG removal systems shall be maintained on forms

supplied by CWW and available to CWW upon request. Records shall be retained

for a minimum of 3 years.









7.7 Construction /Sizing Standards



7.71 Capacity



Traps should be sized for a minimum detention period of 5 minutes under peak

flow conditions. Two options are shown below to size grease interceptors for

restaurants and commercial kitchens. However, the minimum accepted size for a

grease interceptor is 1000 gallons.



Restaurants:



Size of Grease Interceptor = (ST)(20)(HR/12)(LF) in Gallons



Where: ST = Number of seats in dining area

HR = Number of hours open

LF = Loading factor - 1.25 for interstates or freeways

1.0 other freeways

1.0 recreational areas

0.8 main highways

0.5 other highways





Hospitals, Nursing Homes, Other types of Commercial Kitchens w/limited seating

capacity:



Size of Grease Interceptor = (M)(ST)(5)(LF) in Gallons



Where: M = Number of meals per day

ST = Number of seats in dining area

LF = Loading factor - 1.0 w/dishwashing

0.5 w/o dishwashing



7.72 General Installation Requirements



1. Grease traps shall be installed as close to the source of grease as

possible, or so installed to allow the wastestream to cool

considerably before entering the trap system.



2. The grease trap shall either be baffled to retain congealed grease on the

surface of the liquid or contain two chambers for primary and

secondary settling.



3. Influent shall enter the trap a minimum of 6" below the normal liquid level

to keep the surface as still as possible.



4. Effluent shall be drawn from near the bottom of the trap at a minimum of 18"

below the liquid level.



5. Inlet and outlet of trap shall be provided with cleanouts for unplugging

both sewers and dip pipes.



6. Food waste disposers may not be connected through a grease interceptor.



7. A large manhole, removable slab, or other cover to suit traffic load shall

be installed so that all chambers of the trap are readily accessible for

complete cleaning of both floatable and settleable solids.



8. Top or cover shall be gas tight.



9. Grease collected from an interceptor shall not be introduced into any

drainage piping,

public or private sewer.



10. Sanitary/Domestic waste shall not be allowed to flow in any

interceptor/trap system.



11. All traps/interceptors shall have installed a means to prevent the

introduction of materials into the pretreatment system such as

paper, plastics, metals or other materials that which if

introduced into the sanitary sewer system or directly into the

headworks of the POTW, will cause obstruction, interference or damage to any of

the conveyance systems or POTW treatment works.



7.73 New Facilities



All food service establishments applying for water/sewer service shall be

required to submit plans and or drawings outlining the plumbing layout and

location of trap/interceptor installation.

Facilities will be evaluated using the following criteria to

determine trap size:

1. Class Code

2. Hours of Operation

3. Seating Capacity



In-ground Devices ? Sizes shall be determined using the criteria listed above,

and capacity standards as listed in section 7.71 of this ordinance.

Compartmental/Under-Sink Devices ? May be installed in instances where the type

of food service presents little or no possibility of the discharge of fats,

oils, and grease.



All devices must have approval prior to construction or installation by CWW,

and adhere to any local and/or state plumbing codes that apply.



7.74 Existing Facilities



All existing facilities upon notification, shall install an approved grease

handling device within ninety (90) days of such notification.

In situations in which in-ground devices are not feasible to

install, facilities will be required to install an approved compartmental

device. This variance must be approved by CWW prior to installation.

When an existing facilities grease handling device is determined

to be in non-compliance the responsible person(s) will be notified in writing,

of the required improvements which shall be made within ninety (90) days of

such notice.









7.8 FOG Enforcement



The control authority (CWW), will conduct random inspections to

insure that proper maintenance and cleanout schedules are being followed.



Cleanout schedules will be set by CWW using the variables as

outlined in Section 7.4 of this Ordinance. Cleanout frequency may increase or

decrease depending on the efficiency (prevention of grease entering the sewer

system) of the device installed. Failure to comply with these schedules may

subject the user/owner to the penalties as outlined in section 10 of this

ordinance.



Any facility that is found to be responsible for a sewer line

blockage and/or sanitary sewer overflow will be liable for any expenses

incurred from the cleanup or unstopping of the sewer line/system.



7.9 Detail shops/ Carwashes



Facilities that are required by the Columbus Consolidated Government to

discharge their wastestream into the Columbus Water Works Sanitary Sewer shall

meet the following requirements:



1. An approved Sandtrap/Interceptor must be installed and maintained for the

prevention of sand, oil, and grease from entering the sewer system.



2. Sandtrap/Interceptors shall be covered with an approved roof and devices in

place to prevent storm water run-off from entering the sanitary sewer system.





Section 8 - Administration



8.1 Permit Application



Significant Industrial Users shall discharge wastewater only in accordance with

the conditions of their Wastewater Discharge Permit. All Significant Industrial

Users shall apply for and obtain a Wastewater Discharge Permit in the manner

hereinafter set forth. Permit application forms will be sent to affected

Industrial Users by the Columbus Water Works following promulgation of a

categorical standard or a determination by the Columbus Water Works that a

permit be issued. A permit application shall be submitted by the User,

accompanied by a fee set by the Columbus Water Works, within 180 days after

promulgation of a Categorical Standard or a determination by the Columbus Water

Works that a permit be issued.



8.2 Incomplete Application



The Columbus Water Works will act only on complete applications. Persons who

have filed incomplete application will be notified by the Columbus Water Works

that the application is deficient and the nature of such deficiency and will be

given thirty (30) days to correct the deficiency. If the deficiency is not

corrected within thirty (30) days or within such extended period as allowed by

the Columbus Water Works, the application will be denied and the applicant

notified in writing of such action.



8.3 Permit Conditions



Wastewater Discharge Permits shall be expressly subject to all provisions of

the Ordinance and all other applicable ordinances, laws and regulations.

Permits may contain the following:



(a) The unit charge or schedule of user charges and fees for the wastewater to

be discharged to a public sewer;



(b) Limits on the average and maximum wastewater constituents and

characteristics

based on applicable pretreatment standards;



(c) Limits on average and maximum rate and time of discharge or

requirements for flow regulations and equalization;



(d) Requirements for installation and maintenance of inspection and sampling

facilities;



(e) Self-monitoring, sampling, reporting, notification and record-keeping

requirements. These requirements shall include an

identification of pollutants to be monitored,

sampling location, sampling frequency and sample type based on Federal, State

or local law;



(f) Compliance schedules;



(g) Requirements for submission of technical reports or discharge reports;



(h) Requirements for retaining plant records relating to wastewater discharge;



(i) Requirements for notification of the Columbus Water Works of any new

introduction of wastewater constituents or any substantial change in the

volume or character of the wastewater constituents being introduced into the

wastewater treatment system;



(j) Requirements for notification of slug discharges;



(k) Requirements for the installation of facilities or procedures to prevent

and control accidental discharge or spills at the User?s premises;



(l) Requirement of a spill prevention/contingency plan;



(m) Requirements for notification of any by-passes around pretreatment systems;



(n) Other conditions as deemed appropriate by the Columbus Water Works to

ensure compliance with this Ordinance;



(o) Statement of applicable civil and criminal penalties for violation of

pretreatment standards and requirements, and any applicable

compliance schedule. Such schedule may not extend the time for compliance

beyond that required by applicable Federal, State or local law.



(p) Statement of permit duration as specified in Section 8.4 of this ordinance;



(q) Statement of non-transferability as specified in Section 8.5 of this

ordinance;



Prior to issuing a discharge permit, a draft permit will be sent to the user

(certified mail-return receipt requested) which will show the conditions and

discharge limitations. The user will be allowed thirty (30) days to show cause

why the conditions of this permit should not be required.



8.4 Permit Duration



Permits shall be issued for a specific time period, not to exceed five (5)

years. A permit may be issued for a period less than a year or may be stated to

expire on a specific date. The user shall apply for permit re-issuance at least

180 days prior to the expiration of the user?s existing permit. The terms and

conditions of the permit shall expressly provide that they are subject to

modifications, new conditions, and changes by the Columbus Water Board during

the term of the permit as limitations or requirements as identified in Section

5 are modified or other just cause exists. The user shall be informed of any

proposed changes in his permit at least thirty (30) days prior to the effective

date of change. Any changes or new conditions in the permit shall include a

reasonable time schedule for compliance. The Columbus Water Works reserves the

right to extend or change a permit expiration date for any of the following

reasons:



(a) unanticipated changes in the application or permitting processes;

(b) unanticipated changes to any Federal rule or regulation concerning

industrial pretreatment.



8.5 Permit Transfer



Wastewater Discharge Permits are issued to a specific User for a specific

operation. A wastewater discharge permit shall not be reassigned or transferred

or sold to a new or different owner, new or different User, different premises,

or a new, different, or changed operation without the approval of the Columbus

Water Works. Any succeeding owner or User, upon request, shall be provided with

a copy of the existing permit by the existing owner.



8.6 Monitoring Facilities



The Columbus Water Works may require to be provided and operated at an

Industrial User?s own expense, monitoring facilities to allow inspection,

sampling, testing, and flow measurement of the building sewer and/or internal

drainage systems. The monitoring facility shall normally be situated on the

User?s premises, but the Columbus Water Works, when such a location would be

impractical or cause undue hardship to the User, permit the facility to be

constructed in the public street or sidewalk area and located so that it will

not be obstructed by landscaping or parked vehicles. The facility, sampling,

testing, and measuring equipment shall be maintained at all times in a safe and

proper operating condition at the expense of the user.



Whether constructed on public or private property, the sampling, testing, and

monitoring facilities shall be provided in accordance with the Columbus Water

Board requirements, this Ordinance and all applicable local building codes,

construction standards and specifications. The facility shall be completed

within 90 days following written notification of requirement by the Columbus

Water Board.



8.7 Inspection and Sampling



The Columbus Water Works shall inspect the facilities of any User to ascertain

whether the purposes of this Ordinance are being met and all requirements are

being complied with. Persons or occupants of premises where wastewater is

created or discharged shall allow the Columbus Water Works and its

representatives, the Environmental Protection Division (EPD) of the Department

of Natural Resources and the U.S. Environmental Protection Agency (EPA) ready

access at all reasonable times to all parts of the premises for the purposes of

inspection, testing, sampling, records examination or in the performance of any

of their duties. The Columbus Water Works shall have the right to set up on the

User?s property such devices as are necessary to conduct sampling, inspection,

testing, compliance monitoring, and/or metering operations. Where a User has

security measures in force, which require proper clearance before entry into

their premises, the User shall make necessary arrangements so that personnel

from the Columbus Water Works, EPD, or EPA will be permitted to perform their

specific responsibilities and to exercise the rights and authorities herein

provided.



8.8 Wastewater Survey



Any commercial or industrial user may be required to complete a wastewater

survey questionnaire as requested by the Columbus Water Works.



8.9 Confidential Information



Information and data on a User and/or its business contained in reports,

questionnaires, permit applications, permits and monitoring programs and/or

inspections shall be available to the public or other government entities or

agency without restriction unless the User specifically requests and

demonstrates the release of such information would divulge information,

processes or methods of production entitled to protection as a secret, right of

privacy or trade secret of the User or that it would substantially injure or

damage the User.



When requested by the person furnishing a report, the portions of a report

which might disclose rights of privacy, trade secrets, secret processes or

contain substantially injuring or damaging information shall not be made

available for inspection by the public but shall be made available upon request

to governmental entities and agencies for uses related to this Ordinance, the

Water Works? National Pollutant Discharge Elimination System (NPDES) Permit, or

Pretreatment Program; provided, however, that such portions of a report shall

be available for use by or any state entities or agency in enforcement

proceedings or judicial review involving the person furnishing the report.

Wastewater constituents and characteristics will not be recognized as

confidential; information entitled to any protection from disclosure.

Information accepted by the Columbus Water Works as confidential, as provided

above shall not be transmitted to the general public by the Columbus Water

Works until and unless a ten-day advance written notification is given to the

User by the Columbus Water Works.









8.10 Signatory Requirements



All wastewater permit applications and user reports must be signed by an

authorized representative of the user, as defined in Section 1.2 and contain

the following certification statement:

?I certify under penalty of law that this document and all attachments were

prepared under my direction or supervision in accordance with a system designed

to assure that qualified personnel properly gather and evaluate the information

submitted. Based on my inquiry of the person or persons who manage the system,

or those persons directly responsible for gathering the information, the

information submitted is, to the best of my knowledge and belief, true,

accurate and complete. I am aware that there are significant penalties for

submitting false information, including the possibility of fine and

imprisonment for knowing violations.?



8.11 Public Notification of Violations



The Columbus Water Works shall at a minimum, annually publish in the Columbus

newspaper a list of the Users which, at any time during the previous twelve

months, were in significant noncompliance with applicable pretreatment

requirements. For purposes of this provision, an industrial user is in

significant noncompliance if its violation 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 monthly 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 monthly average limit multiplied by the applicable

TRC (TRC = 1.4 for BOD, TSS, fats, oils, and grease, and 1.2 for all other

pollutants except pH).



(c) Any violation of a pretreatment effluent limit (daily maximum or long-term

average) that an IU/Commercial User causes alone or in conjunction with other

discharges, interference or pass through (including endangering the health of

POTW personnel or the general public);



(d) Any discharge of a pollutant that has caused imminent endangerment to human

health, welfare, or to the environment or has resulted in the Board exercising

its emergency authority under Section 9.1;



(e) Failure to meet, within 90 days after the schedule date, a compliance

milestone contained in a User?s wastewater permit or enforcement order for

starting construction, completing construction, or attaining final compliance;



(f) Failure to provide, within 30 days after the due date, required reports

such as baseline monitoring reports, 90 day compliance reports, periodic

self-monitoring reports, and reports on compliance with compliance schedules;



(g) Failure to accurately report noncompliance;



(h) Any other violation or group of violations which Columbus Water Works

determines will adversely affect the operation of the pretreatment program.



8.12 Baseline Monitoring Reports



(a) Within either one hundred eighty (180) days after the effective date of a

categorical pretreatment standard, or the final administrative decision on a

categorical determination

under 40 CFR 403.6(a)(4), whichever is later, existing categorical users

currently discharging to or scheduled to discharge to the POTW shall submit

to the Columbus Water Works a report which contains the information listed in

paragraph (b), below. At least ninety (90) days prior to commencement

of their discharge, new sources, and sources that become

categorical users subsequent to the promulgation of an

applicable categorical standard, shall submit to the Water

Works a report which contains the information listed in

paragraph (b), below. A new source shall report the method

of pretreatment it intends to use to meet applicable

categorical standards. A new source also shall give estimates of

its anticipated flow and quantity or pollutants to be discharged.



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



(1) Identifying Information - The name and address of the facility, including

the name of the operator and owner.



(2) Environmental Permits - A list of any environmental control permits held by

or for the facility.



(3) Description of Operation - A brief description of the nature, average rate

of production, standard industrial classifications of the operation(s)

carried out by such user.

This description should include a schematic process diagram which indicates

points of discharge to the POTW from the regulated processes.



(4) Flow Measurement - Information showing the measured average daily and

maximum daily flow, in gallons per day, to the POTW from regulated process

streams and other streams, as necessary, to allow use of the combined

wastestream formula set out in 40 CFR 403.6(e).



(5) Measurement of Pollutants

(a) The categorical pretreatment standards applicable to each regulated process.

(b) The results of sampling and analysis identifying the nature and

concentration, and/or mass, where required by the standard or by the Columbus

Water Works, of regulated pollutants in the discharge from each regulated

process. Instantaneous, daily maximum, and long-term average

concentrations, or mass, where require shall be reported. The sample shall be

representative of daily operations and shall be analyzed in accordance with

procedures set out in Section 6.3 of this Ordinance.

(c) Sampling must be performed in accordance with 40 CFR 403.7(C)(iv).



(6) Certification - A statement, reviewed by the user?s authorized

representative and certified by a qualified professional, indicating whether

pretreatment standards are being

met on a consistent basis, and, if not, whether additional operation and

maintenance (O&M) and/or additional pretreatment is required to meet the

pretreatment standards and requirements.



(7) Compliance Schedule - If additional pretreatment and/or O&M will be

required to meet the pretreatment standards, the shortest schedule by which

the user will provide such additional pretreatment and/or

O&M. The completion date in this schedule shall not be later than

the compliance date established for the applicable pretreatment standard.



(8) Signature and Certification - All baseline monitoring reports must be

signed and certified in accordance with Section 8.10 of this Ordinance.



8.13 Compliance Schedule



The following conditions shall apply to the compliance schedule required by

Section 8.12(7) of this Ordinance:



(a) The schedule shall contain progress increments in the form of dates for

the commencement and completion of major events leading to the construction

and operation of additional pretreatment required for the user to meet the

applicable pretreatment standards (such events include, but are not limited

to, hiring an engineer, completing preliminary and final plans, executing

contracts for major components and completing construction, and beginning and

conducting routine operation);



(b) No increment referred to above shall exceed nine (9) months;



(c) The user shall submit a progress report to the Columbus Water Works no

later than fourteen (14) days following each date in the schedule and the

final date of compliance including, as a minimum, whether or not it complied

with the increment of progress, the reason for any delay, and, if appropriate,

the steps being taken by the user to return to the established schedule, and;



(d) In no event shall more than nine (9) months elapse between such progress

reports to the Columbus Water Works.



8.14 Compliance with Categorical Standards



Within ninety (90) days following the date for final compliance with applicable

categorical pretreatment standards, or in the case of a new source following

commencement of the introduction of wastewater to the POTW, any user subject to

such pretreatment standards and requirements shall submit to the Columbus Water

Works a report containing the information described in Section 8.12 of this

Ordinance. For users subject to equivalent mass or concentration limits

established in accordance with the procedures in 40 CFR 403.6(c), this report

shall contain a reasonable measure of the user?s long-term production rate. For

all other users subject to categorical pretreatment standards expressed in

terms of allowable pollutant discharge per unit or production (or other measure

or operation), this report shall include the user?s actual production during

the appropriate sampling period. All compliance reports must be signed and

certified in accordance with Section 8.10 of this Ordinance.



8.15 Compliance Reports (Self-Monitoring)



(a) All significant industrial users shall, at a frequency determined by the

Columbus Water Works, but in no case less than twice per year (in June and

December), submit a report indicating the nature and concentration of

pollutants in the discharge which are limited by pretreatment standards and

the measured or estimated average and maximum daily flows for the reporting

period. All periodic compliance reports must be signed and certified in

accordance with Section 8.10 of this Ordinance.



(b) All wastewater samples must be representative of the user?s discharge.

Wastewater monitoring and flow measurement facilities shall be properly

operated, kept clean, and maintained in good working order at all times. The

failure of a user to keep its monitoring facility in good working order shall

not be grounds for the user to claim that sample results are unrepresentative

of its discharge.



(c) If a user subject to the reporting requirement in this section monitors any

pollutant more frequently than required by the Columbus Water Works, using the

procedures prescribed in Section 8.18 of this Ordinance, the results of this

monitoring shall be included in the report.



8.16 Changed Conditions



Each user must notify the Columbus Water Works of any planned significant

changes to the user?s operations or system which might alter the nature,

quality, or volume or its wastewater at least ninety (90) days before the

change.



(a) The Columbus Water Works may require the user to submit such information as

may be deemed necessary to evaluate the changed condition, including the

submission of a wastewater discharge permit application under Section 8.1 of

this Ordinance.



(b) The Water Works may issue a wastewater discharge permit under Section 8.4

of this Ordinance or modify an existing wastewater discharge permit under

Section 8.4 of this Ordinance in response to changed conditions or anticipated

changed conditions.



(c) For purposes of this requirement, significant changes include, but

are not limited to, flow increases of 20 percent (20%) or greater, and the

discharge of any previously unreported pollutants.



8.17 Notice of Violation/Repeat Sampling & Reporting



If sampling performed by a user indicates a violation, the user must notify the

Columbus Water Works within twenty-four (24) hours of becoming aware of the

violation. The user shall repeat the sampling and analysis and submit the

results of the repeat analysis to the Columbus Water Works within thirty (30)

days after becoming aware of the violation. The user is not required to

resample if:



(a) the Columbus Water Works performs sampling at the Industrial User at a

frequency of at least once per month, or



(b) the Columbus Water Works performs sampling at the User between the time

when the User performs its initial sampling and the time when the User

receives the results of this sampling.



8.18 Sample Collection



(a) Except as indicated in Section b, below, the user must collect wastewater

samples using flow proportional composite collection techniques. In the event

flow proportional sampling is infeasible, the Columbus Water Works may

authorize the use of time proportional sampling or a minimum of four (4) grab

samples where the user demonstrates that this provides a

representative sample of the effluent being discharged. In addition, grab

samples may be required to show compliance with instantaneous discharge limits.



(b) Samples for oil & grease, pH, cyanide, phenols, sulfides, and volatile

organic compounds must be obtained using grab collection techniques.



8.19 Analytical Requirements



All pollutant analyses, including sampling techniques to be submitted as part

of a wastewater discharge permit application or report shall be performed in

accordance with the techniques described in 40 CFR 136, unless otherwise

specified in an applicable categorical pretreatment standard. If 40 CFR 136

does not contain sampling or analytical techniques for the pollutant in

question, sampling and analyses not be performed in accordance with procedures

approved by the EPA.



8.20 Record Keeping



Users subject to the reporting requirements of this Ordinance shall retain, and

make available for inspection and copying, all records of information obtained

pursuant to any monitoring activities required by this Ordinance and any

additional records if information obtained pursuant to monitoring activities

undertaken by the user is independent of such requirements. Records shall

include the date, exact place, method and time of sampling, and the name of the

person(s) taking the samples; the dates analyses were performed; who performed

the analyses; the analytical techniques or methods used; and the results of

such analyses. These records shall remain available for a period of at least

three (3) years. This period shall be automatically extended for the duration

of any litigation concerning the user or the Columbus Water Works, or where the

user has been specifically notified of a longer retention period by the Water

Works.





SECTION 9 - ENFORCEMENT



The Columbus Water Works reserves the right to administer any of, but not

limited to, the following enforcement actions. In addition to the following

enforcement actions, the Columbus Water Works administers a Pretreatment

Enforcement Response Plan that specifies a step by step enforcement action

program.



9.1 Emergency Termination of Service



In the event of an actual or threatened discharge to the POTW of any pollutant

which presents an imminent and substantial danger to the health or safety of

persons, or danger of interference with the POTW, the Columbus Water Works

shall immediately notify the Industrial User or other person causing or

responsible for the condition and request their assistance in abating the same.

Columbus Water Works may temporarily terminate service of such User or Users to

abate the condition when such action is reasonably necessary. Such service

shall be restored by the Columbus Water Works as soon as the emergency

situation has been abated or corrected.



9.2 Notification of Violation



Any person found to be violating any provision of this Ordinance shall be

served by the Columbus Water Works with written notice stating the nature of

the violation and providing reasonable time limit in days, weeks or months, for

the satisfactory correction thereof. The User shall, within the period of time

stated in such notice, permanently cease and/or remedy all violations.



9.3 Administrative Orders



Administrative Orders (AOs) are enforcement documents that direct non-domestic

users to undertake or to cease specified activities. The terms of AOs may or

may not be negotiated with non-domestic users. AOs are used as the first formal

response to significant noncompliance.

Four common types of AOs are:



(a) Consent agreements - A negotiated agreement with the IU in which both

parties agree to actions to be taken to return to compliance.



(b) Cease and desist orders - a directive to an IU to discontinue an action

that is resulting in noncompliance.



(c) Show cause orders - Formal meeting requiring the IU to appear and

demonstrate why the Water Works should not take a proposed enforcement action

against it. The meeting may also serve as a forum to discuss corrective

actions and compliance schedules.



(d) Compliance orders (compliance schedules) - A time schedule of activities to

be completed to return an IU to compliance.



Consent Agreements are the first formal response to significant noncompliance

in which terms are negotiated with the user. If the Consent Agreement fails to

be effective, other AOs without user negotiation will be used.



9.4 Revocation of Permit



Any user who violates the following conditions of this Ordinance and/or

applicable State and Federal laws and/or regulations, is subject to revocation

of his permit in accordance with the procedures of Section 9 of this Ordinance:



(a) Failure of a User to report factually the wastewater constituents and

characteristics of his discharge;



(b) Failure of the User to report material changes in his operation, or

wastewater constituents and characteristics;



(c) Refusal of access to the User?s premises for the purpose of inspection,

sampling, testing or monitoring; or,



(d) Violation of conditions of his permit in accordance with the provisions of

this Ordinance.



9.5 Show Cause Hearing



The Columbus Water Board may issue a notice directing a User to Appear before

the Board at a specified date and time to show cause why a proposed enforcement

action should not be taken in response to a violation of this Ordinance, other

applicable law or regulation, or conditions in the User?s Wastewater Discharge

Permit.



The Board may itself conduct the hearing and take the evidence, or it may

designate any of its members or any officer or employee of the Board to conduct

the hearing and transmit a report of the evidence and hearing, with

recommendations, to the Board for action thereon.



After the Board has reviewed the evidence, it may take action for violations as

authorized under Section 10 of the Ordinance.



9.6 Injunctive Relief



Columbus, Georgia may file in Superior Court of Muscogee County, Georgia, or

any other appropriate forum a suit seeking the issuance of an injunction,

damages, and/or other appropriate relief to enforce the provisions of this

Ordinance or other applicable law or regulation. Such a suit may include any

and all damages suffered by Columbus, Georgia, or the Board as a result of any

action, omissions, or inaction of any User or other person who causes or

permits damage to occur to the POTW, or for any other expense, cost, loss or

damage of any kind or nature suffered by Columbus, Georgia, or any branch,

department or agency thereof.



9.7 Damaging Facilities



No person shall maliciously, willfully or negligently break, damage, destroy,

remove, uncover, deface or tamper with any structure, appurtenance or equipment

which is a part of Columbus Water Works or the sewerage work of Columbus,

Georgia. Any person violating this provision shall be guilty of a misdemeanor.



9.8 Affirmative Defense for Upsets



(a) For the purpose of this section, an upset means an exceptional incident in

which there is unintentional and temporary noncompliance with categorical

pretreatment standards because of factors beyond the reasonable control of the

user. An upset does not include noncompliance to the extent caused by

operational error, improperly designed treatment facilities, lack of

preventative maintenance, or careless or improper operation.



(b) An upset shall constitute an affirmative defense to an action brought for

noncompliance with categorical pretreatment standards if the requirements of

paragraph (c), below are met.



(c) A user who wishes to establish the affirmative defense of upset shall

demonstrate, through properly signed, contemporaneous

operating logs, or other relevant evidence that:



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

(2) The facility was at the time being operated in a prudent and workman-like

manner and in compliance with applicable operation and

maintenance procedures; and,

(3) The user has submitted the following information to the Columbus Water

Works within twenty-four (24) hours of becoming aware of the

upset (if this information is provided orally, written submission

must be provided within five (5) days):



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

(B) The period of noncompliance, including exact dates and times, or if

not corrected, the anticipated time the noncompliance

is expected to continue; and (C) Steps being taken and/or planned to

reduce, eliminate, and prevent reoccurrence of the

noncompliance.

(D) In any enforcement proceeding, the user seeking to establish the occurrence

of an upset shall have the burden of proof.

(E) Users will have the opportunity for a judicial determination on any claim

of upset only in an enforcement action brought for noncompliance

with categorical pretreatment standards.

(F) User shall control production of all discharges to the extent necessary

to maintain compliance with categorical pretreatment

standards upon reduction, loss, or failure of its treatment

facility until the facility is restored or an

alternative method of treatment is provided. This requirement applies in

the situation where, among other things, the primary source of

power of the treatment facility is reduced, lost or

fails.



9.9 Affirmative Defense for Prohibited Discharge



A user shall have an affirmative defense to an enforcement action brought

against it for noncompliance with the general prohibitions in Section 5 of this

Ordinance if it can prove that it did not know, or have reason to know, that

its discharge, alone or in conjunction with discharges from other sources,

would cause pass through or interference and that either:



(a) A local limit exists for each pollutant discharged and the user was in

compliance with each limit directly prior to, and during, the

pass though or interference; or



(b) No local limit exists, but the discharge did not change substantially in

nature or constituents from the user?s prior discharge when the Columbus

Water Works was regularly in compliance with it?s NPDES permit, and in the

case of interference, was in compliance with applicable sludge use or disposal

requirements.





9.10 Affirmative Defense for Bypasses



(a) For the purposes of this section;



(1) A Bypass means the intentional diversion of wastestreams from any portion

of a users treatment facility

(2) A Severe Property Damage means substantial physical damage to property,

damage to the treatment facilities which cause them to become

inoperable, or substantial and permanent loss of natural resources which

can reasonably be expected to occur in the absence of a bypass. Severe

property damage does not mean economic loss caused by delays in

production.



(b) A user may allow any bypass to occur which does not cause pretreatment

standards or requirements to be violated, but only if it also is for essential

maintenance to assure efficient operation. These bypasses are not subject to

the provisions of paragraph (c) and (d) of this section.



(c) (1) If a user knows in advance of the need for a bypass, it shall submit

prior notice to the Columbus Water Works, at least ten (10) days before the

date of the bypasses, if possible.



(2) A user shall submit oral notice to the Columbus Water Works of an

unanticipated bypass that exceeds applicable pretreatment standards within

twenty-four (24) hours from the time it becomes aware of the bypass. A

written submission shall be submitted within 5 business days of the bypass as

required per CFR 403. The written submission shall contain a description of the

bypass and its cause; the duration of the bypass, including exact dates and

times, and, if the bypass has not been corrected, the anticipated time it is

expected to continue; and steps taken or planned to reduce, eliminate, and

prevent reoccurrence of the bypass. The Water Works may waive the written

report on a case-by-case basis if the oral report has been received within

twenty-four (24) hours.



(d) (1) Bypass is prohibited, and the Columbus Water Works may take an

enforcement action against a user for a bypass, unless:



(A) Bypass was unavoidable to prevent loss of life, personal injury, or

severe property damage;



(B) There were no feasible alternatives to the bypass, such as the use of

auxiliary treatment facilities, retention of untreated wastes, or

maintenance during normal periods of equipment downtime. This

condition is not satisfied if adequate back-up equipment should have

been installed in the exercise of reasonable engineering judgment to

prevent a bypass which occurred during

normal periods of equipment downtime or preventive maintenance; and,



(C) The user submitted notices as required under paragraph (c) of this section.



(2) The Columbus Water Works may approve an anticipated bypass, after

considering its adverse effects, if the Water Works determines that it will

meet the three conditions listed in paragraph (D)(1) of this section. All

decisions on validity of Affirmative Defenses will be made by the Board of

Water Commissioners or its designee and such decisions will be final.





SECTION 10 - PENALTIES



10.1 Actions by the Water Works



Should water or wastes be discharged to the POTW in violation of any provisions

of this Ordinance, the Board may after notifying the offender and providing a

hearing before the Board:



(1) Terminate water service and/or the discharge of water and wastes by the

violator into the POTW;



(2) Require pretreatment into a condition as authorized and/or required by this

Ordinance, or any water or waters into the POTW;



(3) Require control over the quantities and flow rates of water or wastes

entering the POTW as authorized and/or required by this Ordinance;



(4) Require payment by the violator to cover the added capital and operating

costs, not covered by existing taxes or sewer charges, of

handling and treating otherwise prohibited wastes,

which can be documented as reasonable charges for the materials,

supplies, labor and other costs actually required.



(5) Revoke the Users permit;



(6) Any person failing to pay any sewer charges authorized by this Ordinance

shall be subject to termination of his water and/or sewer service.



10.2 Fines: Civil and Criminal Penalties



Any person who violates any provision of this Ordinance shall, upon conviction

in the Recorder?s Court of Columbus, Georgia, be punished by a fine and/or

imprisonment at the discretion of the Recorder.



Further, any industrial user who violates any provisions of Sections 5-8 of

this Ordinance, shall be subject to a civil or criminal action to be brought by

the Columbus Water Works, and if found to be in violation, civil or criminal

penalties up to at least $1,000.00 per violation per day may be awarded. 40 CFR

403.8(f).



10.3 Falsifying Information



Any person who knowingly makes any false statements, representation, omission

or certification in any application, record, report, plan or other document

filed or required to be maintained pursuant to this Ordinance or falsify,

tamper with, or knowingly render inaccurate any monitoring device or method

required under this Ordinance or reports of any such monitoring device or

method may be subject to a fine or imprisonment under applicable State or

Federal law.





SECTION 11 - SEVERABILITY



If any provision, paragraph, work, section or article of this Ordinance is

invalidated by any court of competent jurisdiction, the remaining provisions,

paragraphs, words, sections, and chapters shall not be affected and shall

continue in full force and effect.



SECTION 12- POWER OF WATER BOARD



The Board of Water Commissioners, a subordinate branch of the government of

Columbus, Georgia, and its designees, are hereby granted all of the authority

of Columbus, Georgia, a consolidated government, to deal with, exercise or

apply all of the powers and authority of Columbus, Georgia, with respect to the

subject matter of this Ordinance; all of the authority and powers contained in

the subject of water pollution and control, and the regulations promulgated

pursuant thereto, in the Federal Water Pollution Control Act, also known as the

Clean Water Act, as presently amended and/or Federal law on the subject of

water pollution and control, and the regulations promulgated pursuant thereto.



The Board of Water Commissioners, and its designees, are hereby authorized to

develop formulas and promulgate regulations to provide, inter alia for the

sharing or paying of costs according to benefit or otherwise, or facilities,

connections, service charges, discharge fees, pretreatment charges, retainers,

interceptors, permit fees, user charges and fees, sampling, testing, measuring

and monitoring fees.





SECTION 12 - CONFLICT



All other Ordinances and parts of Ordinances inconsistent or conflicting with

any part of this Ordinance, are hereby repealed to the extent of such

inconsistency or conflict.