ORDINANCE (CH. 27).DOCX

Ordinance No. O2026.03
ORDINANCE NO. O2026.03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 
TEMPE, ARIZONA, TO AMEND THE TEMPE CITY CODE 
CHAPTER 27, SEWERS AND SEWAGE DISPOSAL, ARTICLE 
I, SEWERS – PRETREATMENT SECTIONS 27-3, 27-4, 27-10, 27-
11, 27-21 THROUGH 27-23, 27-32, 27-36, 27-42, 27-46, 27-51, 27-
52, 27-54, 27-56, 27-57 THROUGH 27-61, 27-63, 27-71, 27-82, 27-
86, 27-91, 27-96, 27-97, AND 27-123 AND ARTICLE II, SEWERS 
– GENERAL SECTIONS 27-151, 27-155, 27-175, 27-176, 27-192, 
AND 27-194 THROUGH 27-197.
WHEREAS, under the Arizona Constitution, a city with a population of more than 3,500 people is 
entitled to establish a charter for its government and that a charter city is granted autonomy over matters 
of local interests; and
WHEREAS, the voters of the City of Tempe established the Tempe City Charter in 1964 that vests 
policymaking in the Tempe City Council; and
WHEREAS, certain clarifications are needed to create consistency in terminology, procedures and 
enforcement, as well as to ensure that the Code is compliant with federal and state law including the 
Pretreatment Streamlining Rule; and
WHEREAS, this Ordinance and its actions are for the benefit of persons living, working, or visiting 
in the City of Tempe;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 
TEMPE, ARIZONA, as follows:
Section 1. That Chapter 27, Sewers and Sewage Disposal, Article I, Sewers – Pretreatment sections 
27-3, 27-4, 27-10, 27-11, 27-21 through 27-23, 27-32, 27-36, 27-42, 27-46, 27-51, 27-52, 27-54, 27-56, 
27-57 through 27-61, 27-63, 27-71, 27-82, 27-86, 27-91, 27-96, 27-97, and 27-123 and Article II, Sewers 
– General sections 27-151, 27-155, 27-175, 27-176, 27-192, and 27-194 through 27-197 of the Tempe City 
Code are hereby    amended as set forth in Exhibit A attached hereto (with additions in CAPITAL LETTERS 
and deletions in strikethrough).
Section 2.  That Tempe City Code Section 27-91, Administrative fines, is hereby amended to read as 
follows (with additions in CAPITAL LETTERS and deletions in strikethrough):
Sec. 27-91. - Administrative fines. 
(a)  When the Public Works Director finds that a person has violated, or continues to violate, any provision 
of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment 
standard or requirement, the Public Works Director may fine such person in an amount determined 
pursuant to the City enforcement response plan and penalty policy adopted pursuant to Section 27-95 
OF THIS ARTICLE. For continuing violations, each day may constitute a violation. Such fines shall

Ordinance No. O2026.03
2
be assessed on a per violation, per day basis. In the case of monthly or other long term LONG-TERM 
average discharge limits, fines shall be assessed for each day during the period of violation. The Public 
Works Director may add the costs of preparing administrative enforcement actions, such as notices 
and orders, to the fine. 
(b)  Unpaid charges, fines, and penalties shall, after thirty (30) calendar days, be assessed an additional 
penalty of ten percent (10%) of the unpaid balance, and interest shall accrue thereafter at a rate of one 
percent (1%) per month or part thereof until paid in full. A lien against the person's property may be 
sought for unpaid charges, fines, and penalties. 
(c)  Persons desiring to dispute such fines must file a written request for the Public Works Director to 
reconsider the fine along with full payment of the fine amount within fifteen (15) days of being notified 
of the fine. Where a request has merit, the Public Works Director may convene a hearing on the matter. 
In the event the person's appeal is successful, the payment, together with any interest accruing thereto, 
shall be returned to the person. PUBLIC WORKS Director PURSUANT TO SECTION 27-96 OF 
THIS ARTICLE. 
(d)  Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other 
action against the person. 
Section 3.  That Tempe City Code Section 27-195, Lien, is hereby amended to read as follows (with 
additions in CAPITAL LETTERS and deletions in strikethrough):
Sec. 27-195. - Lien. 
(a)  Unless otherwise prohibited by state law, delinquent sewer service rental shall constitute a lien against 
the property where the services were provided. The procedure to perfect such lien shall be as follows: 
(1)  The Financial INTERNAL Services Director shall give written notice to the owner of the 
property within thirty (30) days after the statement is rendered by either personally serving or 
mailing to such owner at the owner's last-known address by certified or registered mail, or the 
address to which the sewer service rental billing was sent. This written notice shall indicate that 
the City shall impress and secure a lien on the subject property unless the owner brings the 
delinquent bill current within thirty (30) days from service or receipt of the letter, and, in addition, 
pays any penalties that may be due pursuant to Section 27-192. The notice shall also contain a 
statement that the owner may appeal the delinquency to the City Council by filing such appeal 
within the thirty (30) day time period after receipt of such notice. 
(2)  If the owner of the property does not bring the delinquency current or successfully prosecute an 
appeal to the City Council within the thirty (30) days from service or receipt of the registered or 
certified letter, the Financial INTERNAL Services Director shall prepare duplicate copies of a 
notice and claim of lien and file one (1) copy with the county recorder, and within a reasonable 
time thereafter serve or mail by registered or certified mail the remaining copy to the owner of 
the property. The notice and claim of lien shall be made under oath by the Financial INTERNAL 
Services Director or his duly authorized representative and shall contain the following: 
a.  A description of the property sufficient for its identification; 
b.  The name of the owner of the property; and 
c.  The amount of the delinquent bill. 
(3)  From and after the date of its recording in the office of the County Recorder, the lien shall attach 
to the property until paid. A sale of the property to satisfy the lien shall be made upon judgment 
of foreclosure and order of sale. The City shall have the right to bring an action to enforce the lien 
in the county superior court at any time after its recording, but failure to enforce the lien by such 
action shall not affect its validity. The recorded notice and claim of lien shall be prima facie

Ordinance No. O2026.03
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evidence of the truth of all matter recited therein and of the regularity of all proceedings prior to 
the recording therein. 
(b)  A prior recording for the purposes provided in this section shall not be a bar to a subsequent 
recording of a lien for such purposes, and any number of liens on the same lot or tract of land may be 
enforced in the same action.
Section 4.  That Tempe City Code section 27-197, Reimbursement for remediation, is hereby 
amended to read as follows (with additions in CAPITAL LETTERS and deletions in strikethrough):
Sec. 27-197. - Reimbursement for remediation. 
(a)  When it is necessary to remediate a private sanitary sewer spill OVERFLOW, release of industrial 
waste, or chemical release that has entered the City's right-of-way, has the potential to enter the public 
right-of-way, or poses a threat to public health, safety and welfare, the property owner or responsible 
party using the property will be issued a written notice ordering the remediation of the area of concern. 
(b)  The property owner or responsible party using the property shall commence the remediation within 
one (1) hour of receiving the written notice ordering remediation. Failure to follow the order to 
remediate within the specified time shall be cause for the City to remediate the City's right-of-way and 
any area that poses a threat to public health, safety and welfare. 
(c)  The property owner or responsible party using the property shall be charged for time and materials 
necessary to remediate the property to the extent necessary to eliminate the threat to public health, 
safety, and welfare and an administrative fee of five percent (5%) of the total remediation costs. 
(d)  Failure to comply with the written order to remediate or failure to reimburse the City for the costs of 
remediation and pay the administrative fee shall be cause for termination of water and sewer services 
to the property. 
Section 5.  If any section, subsection, sentence, clause, phrase or portion of this ordinance or any part 
of the Code adopted herein by reference is for any reason held to be invalid or unconstitutional such decision 
shall not affect the validity of the remaining portions thereof.
Section 6.  All ordinances and parts of ordinances in conflict with the provisions of the Code adopted 
herein are hereby repealed.
Section 7.  The City Clerk is hereby authorized to correct clerical and grammatical errors, if any, 
related to this ordinance, and to make formatting changes appropriate for purposes of clarity, form, or 
consistency with the Tempe City Code.  City officers and employees are hereby authorized and directed to 
perform all acts necessary to give effect to this ordinance.

Ordinance No. O2026.03
4
Section 8.  Pursuant to Tempe City Charter Section 2.12, ordinances are effective thirty (30) days 
after adoption or at any later date specified therein.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TEMPE, ARIZONA, 
this ______ day of ______________, 2026.
Corey D. Woods, Mayor
ATTEST:
Kara A. DeArrastia, City Clerk
APPROVED AS TO FORM:
Eric C. Anderson, City Attorney
Exhibit A to Ordinance No. O2026.03 is on file with, and can be obtained from, the Tempe City Clerk, 31 
East Fifth Street, Tempe, AZ  85281.

Ordinance No. O2026.03
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Exhibit A to Ordinance No. O2026.03
Sec. 27-3. - Abbreviations. 
The following abbreviations, when used in this chapter, shall have the designated meanings: 
· ADEQ - Arizona Department of Environmental Quality 
· ARS - Arizona Revised Statutes 
· AZPDES - Arizona Pollutant Discharge Elimination System 
· BMPS - Best Management Practices 
· BOD - Biochemical Oxygen Demand 
· CFR - Code of Federal Regulations 
· COD - Chemical Oxygen Demand 
· CVSNC – CHRONIC VIOLATION SIGNIFICANT NONCOMPLIANCE · 
· EPA - U.S. Environmental Protection Agency 
· FOG – FATS, OILS, AND GREASE
· gpd - gallons per day 
· IU - Industrial User 
· mg/l - milligrams per liter 
· NPDES - National Pollutant Discharge Elimination System 
· POTW - Publicly Owned Treatment Works 
· RCRA - Resource Conservation and Recovery Act 
· TCC - Tempe City Code 
· TRCSNC - TECHNICAL REVIEW CRITERIA VIOLATIONS
· SIC - Standard Industrial Classification 
· SIU - Significant Industrial User 
· SNC - Significant Noncompliance 
· TSS - Total Suspended Solids 
· ug/l - micrograms per liter 
· U.S.C. - United States Code 
Sec. 27-4. - Definitions. 
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, 
shall have the meanings hereinafter designated. 
Act or "the Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, 
as amended, 33 U.S.C. § 1251 et seq.

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Approval Authority means the State of Arizona Department of Environmental Quality (ADEQ) or 
Regional Administrator for Region IX of the U.S. EPA. 
Arizona Department of Environmental Quality or ADEQ means the State of Arizona agency granted 
oversight for pretreatment programs by the U.S. Environmental Protection Agency. 
Authorized OR DULY AUTHORIZED Representative of the User means: 
a.  If the user is a corporation: 
1.  The president, secretary, treasurer, or a vice-president of the corporation in charge of a 
principal business function, or any other person who performs similar policy or decision-
making functions for the corporation; or 
2.  The manager of one (1) or more manufacturing, production, or operation  OPERATING 
facilities PROVIDED THE MANAGER IS AUTHORIZED TO MAKE MANAGEMENT 
DECISIONS WHICH GOVERN THE OPERATION OF THE REGULATED FACILITY 
INCLUDING HAVING THE EXPLICIT OR IMPLICIT DUTY OF MAKING MAJOR 
CAPITAL INVESTMENT RECOMMENDATIONS, AND INITIATE AND DIRECT 
OTHER 
COMPREHENSIVE 
MEASURES 
TO 
ASSURE 
LONG-TERM 
ENVIRONMENTAL COMPLIANCE WITH ENVIRONMENTAL LAWS AND 
REGULTIONS; CAN ENSURE THAT THE NECESSARY SYSTEMS ARE 
ESTABLISHED OR ACTIONS TAKEN TO GATHER COMPLETE AND ACCURATE 
INFORMATION 
FOR 
INDIVIDUAL 
WASTEWATER 
DISCHARGE 
PERMIT 
REQUIREMENTS; AND WHERE employing more than two hundred fifty (250) persons 
or having gross annual sales or expenditures exceeding twenty-five million dollars 
($25,000,000) (in second-quarter 1980 dollars), if authority to sign documents has been 
assigned or delegated to the manager in accordance with corporate procedures; 
b.  If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively; 
c.  If the user is a federal, state, or local governmental facility: a director or highest official appointed 
or designated to oversee the operation and performance of the activities of the government 
facility, or their designee; 
d.  The individuals described in subparagraphs a through c, above, may designate another authorized 
representative A DULY AUTHORIZED REPRESENTATIVE if the authorization is in writing, 
the authorization specifies the individual or position responsible for the overall operation of the 
facility from which the discharge originates or having overall responsibility for environmental 
matters for the company, and the written authorization is submitted to the City; 
e.  A user not falling within one (1) of the above categories must designate as the authorized 
representative an individual responsible for the overall operation of the facility. 
AZPDES means the Arizona Pollutant Discharge Elimination System. 
Best Management Practices or BMPS means schedules of activities, pollution treatment practices or 
devices, prohibitions of practices, good housekeeping practices, pollution prevention, waste minimization, 
educational practices, maintenance procedures, or AND other management practices or devices to prevent 
or reduce the amount of pollutants entering the Publicly Owned Treatment Works. BEST MANAGEMENT 
PRACTICES OR BMPS MEANS SCHEDULES OF ACTIVITIES, PROHIBITIONS OF PRACTICES, 
MAINTENANCE PROCEDURES, AND OTHER MANAGEMENT PRACTICES INCLUDING 
TREATMENT REQUIREMENTS, OPERATING PROCEDURES, AND PRACTICES TO CONTROL 
PLANT SITE RUNOFF, SPILLAGE OR LEAKS, SLUDGE OR WASTE DISPOSAL, OR DRAINAGE 
FROM RAW MATERIALS STORAGE.

Ordinance No. O2026.03
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Biochemical Oxygen Demand or BOD means the quantity of oxygen utilized in the biochemical 
oxidation of organic matter under standard laboratory procedures for five (5) days at 20 ° centigrade, usually 
expressed as a concentration (e.g., mg/l). 
BUILDING CONNECTION OR HOUSE CONNECTION MEANS THE CONNECTION TO THE 
PUBLIC SEWER AND THE EXTENSION FROM THE SEWER. 
CATEGORICAL INDUSTRIAL USER MEANS AN INDUSTRIAL USER SUBJECT TO A 
CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD.  
Categorical Pretreatment Standard or Categorical Standard means any regulation containing 
pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 
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. 
CHEMICAL OXYGEN DEMAND OR COD.  A MEASURE OF THE OXYGEN REQUIRED TO 
OXIDIZE ALL COMPOUNDS, BOTH ORGANIC AND INORGANIC, IN WATER.
Clean Water Act means the Federal Water Pollution Control Act, as amended, 33 United States Code 
§ 1251 et seq. 
Control Manhole means an access point into the sanitary sewer for the purpose of collecting a 
representative sample of wastewater discharge to determine compliance with this chapter. Access points 
used as control manholes will be approved by the Public Works Director.
CHRONIC 
VIOLATION SIGNIFICANT NONCOMPLIANCE 
(CVSNC) 
IS RECURRING 
EFFLUENT VIOLATIONS WHERE THE LIMIT (DAILY OR MONTHLY MAXIMUM) IS 
EXCEEDED BY ANY AMOUNT.
COMPOSITE SAMPLE IS A SAMPLE COLLECTED OVER TIME, EITHER BY CONTINUOUS 
SAMPLING OR BY MIXING DISCRETE SAMPLES. COMPOSITE SAMPLES REPRESENT THE 
AVERAGE CHARACTERISTICS OF THE WASTESTREAM DURING THE COMPOSITING 
PERIOD.
DENTAL DISCHARGER MEANS A FACILITY WHERE THE PRACTICE OF DENTISTRY IS 
PERFORMED, INCLUDING, BUT NOT LIMITED TO, INSTITUTIONS, PERMANENT OR 
TEMPORARY OFFICES, CLINICS, HOME OFFICES, AND FACILITIES OWNED AND OPERATED 
BY FEDERAL, STATE OR LOCAL GOVERNMENTS, THAT DISCHARGES WASTEWATER TO 
A PUBLICLY OWNED TREATMENT WORKS (POTW).
Director means the Director of Public Works who is hereby designated by the City to supervise the 
operation of the City's interest in the POTW, and who is charged with certain duties and responsibilities by 
this article, or other City personnel designated by the Public Works Director to act on his behalf under this 
article. 
Environmental Protection Agency or EPA means the U.S. Environmental Protection Agency, the 
federal agency charged with enforcement of the Clean Water Act. 
Existing Source means 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. 
Grab Sample means a sample which is taken from a wastestream without regard to the flow in the 
wastestream and over a period of time not to exceed fifteen (15) minutes.  GRAB (DISCRETE) SAMPLE

Ordinance No. O2026.03
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IS AN INDIVIDUAL SAMPLE COLLECTED AT A SPECIFIC TIME NOT EXCEEDING 15 MINUTES 
AND IS REPRESENTATIVE OF THE CONDITIONS AT THE TIME THE SAMPLE IS COLLECTED. 
THE SAMPLE VOLUME DEPENDS ON THE TYPE AND NUMBER OF ANALYSES TO BE 
PERFORMED.
FATS, OILS AND GREASE OR FOG MEANS ANY SUBSTANCE INCLUDING BUT NOT 
LIMITED TO VEGETABLE OR ANIMAL PRODUCT USED IN, OR A BYPRODUCT OF, THE 
COOKING, FOOD PREPARATION, OR CLEANING PROCESS THAT CAN CAUSE OR LEAD TO 
CORROSION, BLOCKAGES, REDUCED FLOW, OR INTERFERENCE WITH THE POTW WHEN 
DISCHARGED ALONE OR COMBINED WITH OTHER MATERIALS OR WASTE.
GARBAGE MEANS SOLID WASTES FROM THE PREPARATION, COOKING, DISPENSING OF 
FOOD AND FROM THE HANDLING, STORAGE AND SALE OF PRODUCE. 
Indirect Discharge or Discharge means the introduction of pollutants into the POTW from any 
Nondomestic Source regulated under any laws, rules or regulations of the United States, the State of Arizona 
or any political subdivision thereof. 
INDUSTRIAL WASTES MEANS THE LIQUID, GASEOUS OR SOLID WASTES PRODUCED AS 
A RESULT OF ANY INDUSTRIAL OR COMMERCIAL OPERATION. 
Interference means 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 any applicable NPDES or AZPDES permit or of 
the prevention of sewage sludge use or disposal in compliance with any of the following 
statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: 
Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the 
Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge 
management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the 
Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act. 
New Source means: 
a.  Any building, structure, facility, or installation from which there is (or may be) a discharge of 
pollutants, the construction of which commenced after the publication of proposed pretreatment 
standards under Section 307(c) of the Act which will be applicable to such source if such 
standards are thereafter promulgated in accordance with that section, provided that: 
1.  The building, structure, facility, or installation is constructed at a site at which no other 
source is located; or 
2.  The building, structure, facility, or installation totally replaces the process or production 
equipment that causes the discharge of pollutants at an existing source; or 
3.  The production or wastewater generating processes of the building, structure, facility, or 
installation are substantially independent of an existing source at the same site. In 
determining whether these are substantially independent, factors such as the extent to which 
the new facility is integrated with the existing plant, and the extent to which the new facility 
is engaged in the same general type of activity as the existing source, should be considered; 
b.  Construction on a site at which an existing source is located results in a modification rather than 
a new source if the construction does not create a new building, structure, facility, or installation 
meeting the criteria of subparagraph a.1 or a.3 above but otherwise alters, replaces, or adds to 
existing process or production equipment;

Ordinance No. O2026.03
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c.  Construction of a new source as defined under this paragraph has commenced if the owner or 
operator has: 
1.  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 
2.  Entered into a binding contractual obligation for the purchase of facilities or equipment 
which are intended to be used in its operation within a reasonable time. Options to purchase 
or contracts which can be terminated or modified without substantial loss, and contracts for 
feasibility, engineering, and design studies do not constitute a contractual obligation under 
this paragraph. 
Noncontact Cooling Water means water used for cooling which does not come into direct contact with 
any raw material, intermediate product, waste product, or finished product. 
Nondomestic Discharge or Nondomestic Source means discharges of any substances other than human 
excrement and household gray water derived from the ordinary living process of residential family homes. 
NOTICE OF INSPECTIONS RIGHTS (NOIR) MEANS A FORM THAT IS PRESENTED TO A 
FACILITY REPRESENTATIVE PRIOR TO ANY INSPECTION OR SAMPLING EVENT 
PERFORMED THAT EXPLAINS TO THE FACILITY WHAT THEIR RIGHTS ARE WITH RESPECT 
TO THE SPECIFIC INSPECTION OR SAMPLING EVENT BEING PERFORMED.  
Pass Through means a discharge which exits the POTW into waters of the United States in quantities 
or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a 
cause of a violation of any requirement of any applicable AZPDES permit, including an increase in the 
magnitude or duration of a violation. 
Person means any individual, partnership, copartnership, firm, company, corporation, limited liability 
company, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or 
their legal representatives, agents, or assigns. This definition includes all users and all federal, state, and 
local governmental entities. 
pH means a measure of the acidity or alkalinity of a solution, expressed in standard units.
POINT SOURCE MEANS ANY DISCERNIBLE, CONFINED AND DISCRETE CONVEYANCE, 
INCLUDING BUT NOT LIMITED TO ANY PIPE, DITCH, CHANNEL, TUNNEL, CONDUIT, WELL, 
DISCRETE FISSURE, CONTAINER, ROLLING STOCK, CONCENTRATED ANIMAL FEEDING 
OPERATION, OR VESSEL OR OTHER FLOATING CRAFT, FROM WHICH POLLUTANTS ARE OR 
MAY BE DISCHARGED. THIS TERM DOES NOT INCLUDE RETURN FLOWS FROM IRRIGATED 
AGRICULTURE OR AGRICULTURAL STORM WATER RUNOFF. 
Pollutant means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, 
sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, 
heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, 
commercial food waste including but not limited to fats, oils, and grease, and certain characteristics of 
wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor). 
Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants, or the 
alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such 
pollutants into the POTW. This THE reduction or alteration can be obtained by physical, chemical, or 
biological processes; by process changes; or by other means. This reduction or alteration cannot be

Ordinance No. O2026.03
10
accomplished by diluting the concentration of the pollutants unless allowed by an applicable pretreatment 
standard. 
Pretreatment Device means equipment, material or structures to reduce, eliminate, or alter the nature 
of pollutant properties in wastewater before, or in lieu of, introducing pollutants into the POTW. 
Pretreatment Requirements means any substantive or procedural requirement including Best 
Management Practices (BMPS) related to pretreatment imposed on a user as may have been established 
pursuant to the laws or regulations of the United States, State of Arizona or the City, other than a 
pretreatment standard. 
Pretreatment Sludge means the waste byproduct from a commercial or manufacturing process that is 
removed as the result of cleaning the pretreatment device, including but not limited to plating sludge, decant 
water, lint, sand, fats, oil and grease and solids. 
Pretreatment Standards or Standards means prohibited discharge standards, categorical pretreatment 
standards, and local limits as may have been established pursuant to the laws or regulations of the United 
States, the State of Arizona, or of the City. 
Prohibited Discharge Standards or Prohibited Discharges means absolute prohibitions against the 
discharge of certain substances and limitations on others; these prohibitions appear in Section 27-10 of this 
article. 
Publicly Owned Treatment Works or POTW means a "treatment works," as defined by Section 212 of 
the Act (33 U.S.C. § 1292) in which the City owns an interest. This definition includes any devices or 
systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes 
of a liquid nature and any conveyances which convey wastewater to a treatment plant. 
Sanitary Sewer Overflow (SSO) means the discharge of sanitary sewage into the environment 
UNTREATED OR PARTIALLY TREATED SEWAGE OVERFLOWS FROM A SANITARY SEWER 
COLLECTION SYSTEM. 
SANITARY SEWER SYSTEM MEANS ALL FACILITIES FOR COLLECTING, PUMPING, 
TRANSPORTING AND TREATING DOMESTIC OR INDUSTRIAL WASTES OF ANY NATURE, 
INCLUDING ALL SUCH FACILITIES BOTH INSIDE AND OUTSIDE OF THE CITY AS TO WHICH 
THE CITY HAS AN INTEREST IN ITS OWNERSHIP, OPERATION, CONTROL OR CAPACITY. 
Septic Tank Waste means any sewage from holding tanks such as vessels, chemical toilets, campers, 
trailers, and septic tanks. 
Significant Industrial User or SIU EXCEPT AS PROVIDED IN (C), means: 
a.
  A user subject to categorical pretreatment standards; or
b.  A user that: 
1.  Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater 
to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater); 
2.  Contributes a process wastestream WASTE STREAM which makes up five percent (5) or 
more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; 
or 
3.  Is designated as such by the Public Works Director on the basis that the user has a reasonable 
potential for adversely affecting the POTW's operation or for violating any pretreatment 
standard or requirement. 
c.  Upon a finding that a user meeting the criteria in subparagraph b has no reasonable potential for 
adversely affecting the POTW's operation or for violating any pretreatment standard or

Ordinance No. O2026.03
11
requirement, the Public Works Director may at any time, on his own initiative or in response to a 
petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine 
that such user should not be considered a significant industrial user. 
SIGNIFICANT NONCOMPLIANCE (SNC) IS DEFINED IN 40 CFR 403.8(F)(2)(VIII), AND 
APPLIES TO INDUSTRIAL USERS WHO MEET ONE OR MORE SERIOUS VIOLATIONS OR A 
PATTERN OF MINOR VIOLATIONS. INDUSTRIAL USERS IN SNC WILL BE ADDRESSED 
THROUGH FORMAL ENFORCEMENT ACTION. A LIST OF INDUSTRIAL USERS IN SNC AT ANY 
TIME DURING THE PREVIOUS 12 MONTHS MUST BE PUBLISHED ANNUALLY IN A GENERAL 
CIRCULATION NEWSPAPER. TEMPE USES THE ARIZONA REPUBLIC FOR THIS PURPOSE, 
AND PUBLISHES THE LIST ANNUALLY IN MARCH. AN IU MAY BE CONSIDERED IN SNC 
WHEN VIOLATIONS ARE CHRONIC VIOLATIONS (CVSNC) OR TECHNICAL REVIEW 
CRITERIA VIOLATIONS (TRCSNC) OR LATE REPORTING.
Slug Load or SLUG DISCHARGE OR Slug means any discharge at a flow rate or concentration, which 
could cause a violation of the prohibited discharge standards in Section 27-10 of this article. A SLUG 
DISCHARGE IS ANY DISCHARGE OF A NON-ROUTINE, EPISODIC NATURE INCLUDING BUT 
NOT LIMITED TO AN ACCIDENTAL SPILL OR A NON-CUSTOMARY BATCH DISCHARGE, 
WHICH HAS A REASONABLE POTENTIAL TO CAUSE INTERFERENCE OR PASS THROUGH, 
OR IN ANY OTHER WAY VIOLATE THE POTW’S REGULATIONS, LOCAL LIMITS OR PERMIT 
CONDITIONS.
SLUG CONTROL PLAN (40 CFR 403.8(F)(2)(vi) IS A PLAN DESIGNED TO PREVENT THE 
UNCONTROLLED DISCHARGE OF RAW POLLUTANTS (OR MATERIALS, E.G., A DAIRY SPILL 
OF MILK MAY DISRUPT A SMALL POTW AND WOULD HAVE TO BE REPORTED EVEN 
THOUGH MILK IS NOT A “POLLUTANT”) INTO THE POTW.
Standard Industrial Classification (SIC) Code means a classification pursuant to the Standard 
Industrial Classification Manual issued by the United States Office of Management and Budget. 
STANDARD METHODS OR STANDARD LABORATORY PROCEDURE MEANS THE 
PROCEDURE OUTLINED IN THE LATEST EDITION OF THE BOOK, "STANDARD METHODS 
FOR THE EXAMINATION OF WATER AND SEWAGE," PUBLISHED BY THE AMERICAN 
PUBLIC HEALTH ASSOCIATION. 
Storm Water means any flow occurring during or following any form of natural precipitation, and 
resulting from such precipitation, including snowmelt. 
Suspended Solids OR TOTAL SUSPENDED SOLIDS means the total suspended matter that floats on 
the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory 
filtering or measurable by laboratory process. 
TECHNICAL REVIEW CRITERIA VIOLATIONS (TRC) (TRCSNC) (1) TECHNICAL REVIEW 
CRITERIA VIOLATIONS ARE RECURRING EFFLUENT VIOLATIONS WHERE THE LIMIT IS 
EXCEEDED BY A CERTAIN STATISTICALLY DEVELOPED PERCENTAGE SO AS TO ACCOUNT 
FOR THE DEGREE OF VARIANCE FROM THE PRETREATMENT STANDARDS.  (2) FOR 
TECHNICAL REVIEW CRITERIA SIGNIFICANT NONCOMPLIANCE (TRCSNC), THIRTY-THREE 
(33) PERCENT OR MORE OF ALL OF THE MEASUREMENTS TAKEN DURING A SIX-MONTH 
PERIOD EQUAL OR EXCEED THE PRODUCT OF THE DAILY LIMIT OR THE MONTHLY 
AVERAGE LIMIT MULTIPLIED BY THE APPLICABLE TRC (1.4 FOR BOD, TSS, FATS, OIL & 
GREASE AND 1.2 FOR ALL OTHER POLLUTANTS EXCEPT PH).

Ordinance No. O2026.03
12
UPSET MEANS AN EXCEPTIONAL INCIDENT THAT RESULTS IN UNINTENTIONAL AND 
TEMPORARY NONCOMPLIANCE WITH TECHNOLOGY-BASED PERMIT EFFLUENT LIMITS 
DUE TO FACTORS BEYOND THE REASONABLE CONTROL OF THE PERMITTEE, WHICH 
EXCLUDES SUCH FACTORS AS OPERATIONAL ERROR, IMPROPERLY DESIGNED OR 
INADEQUATE TREATMENT FACILITIES, OR IMPROPER OPERATION AND MAINTENANCE 
OR LACK THEREOF.
User or Industrial User or Nondomestic User means a source of discharge into the POTW from a 
nondomestic use. 
Wastewater means liquid and water-carried industrial wastes and sewage from residential dwellings, 
commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, 
which are contributed to the POTW. 
Wastewater Treatment Plant or Treatment Plant means that portion of the POTW which is designed 
to provide treatment of municipal sewage and industrial waste. 
ZERO DISCHARGE USER MEANS A USER SUBJECT TO CATEGORICAL PRETREATMENT 
STANDARDS UNDER 40 CFR 403.6 AND 40 CFR CHAPTER I, SUBCHAPTER IN THAT 
DISCHARGES NO PROCESS WASTEWATER AS DEFINED UNDER 40 CFR 401-477 INTO THE 
SANITARY SEWER SYSTEM. 
Sec. 27-10. - Prohibited discharges. 
(a)  General Prohibitions. No person shall introduce or cause to be introduced into the POTW any 
pollutant or wastewater which causes pass through or interference. These general prohibitions apply 
to all persons discharging to the POTW whether or not they are subject to categorical pretreatment 
standards or any other national, state, or local pretreatment standards or requirements. 
(b)  Specific Prohibitions. No person shall introduce or cause to be introduced into the POTW the 
following pollutants, substances, or wastewater: 
(1)  Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, 
wastestreams WASTE STREAMS with a closed-cup flashpoint of less than 140°F (60°C) using 
the test methods specified in 40 CFR 261.21; 
(2)  Wastewater having a pH less than 5.0 or more than 10.5, or otherwise causing corrosive 
structural damage to the POTW or equipment; 
(3)  Solid or viscous substances, INCLUDING BUT NOT LIMITED TO fats, oils and grease (FOG), 
WIPES, AND RAGS, in amounts or sizes which will cause obstruction of the flow in the POTW 
but in no case solids greater than one-half inch(es) (1/2") or one and twenty-seven hundredths 
centimeter(s) (1.27 cm) in any dimension; 
(4)  Pollutants, including oxygen-demanding pollutants (BOD, COD, etc.), released in a discharge 
at a flow rate and/or pollutant concentration which, either singly or by interaction with other 
pollutants, will cause interference with the POTW; 
(5)  Wastewater having a temperature greater than 150°F (66°C), or which will inhibit biological 
activity in the treatment plant resulting in interference, but in no case wastewater which causes 
the temperature at the introduction into the treatment plant to exceed 104°F (40°C); 
(6)  Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that 
may cause interference or pass through or which may form persistent oil emulsions;

Ordinance No. O2026.03
13
(7)  Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a 
quantity that may cause acute worker health and safety problems; 
(8)  Trucked or hauled pollutants or any other connection or discharge not otherwise permitted, 
except at discharge points designated by the Public Works Director in accordance with Section 
27-24 of this article; 
(9)  Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by 
interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to 
prevent entry into the sewers for maintenance or repair; 
(10)  Wastewater 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 any applicable NPDES or AZPDES permit; 
(11)  Wastewater containing any radioactive wastes or isotopes except in compliance with applicable 
state or federal regulations; 
(12)  Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, 
condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless 
specifically authorized by the Public Works Director; 
(13)  Sludges, screenings, or other residues from the pretreatment of industrial wastes; 
(14)  Sludges, screenings, debris, silt or other nonliquid residues from the cleaning of the sanitary 
sewer collection system; 
(15)  Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent 
to fail a toxicity test; 
(16)  Detergents, surface-active agents, or other substances which may cause excessive foaming in 
the POTW; 
(17)  Any of the following prohibited substances: 
4,4'-DDE 
4,4'-DDT 
Aldrin 
BHC-Alpha 
BHC-Beta 
BHC-Gamma (Lindane) 
Heptachlor 
Heptachlor Epoxide 
Polyclorinated POLYCHLORINATED Biphenyl Compounds (PCBs) 
(18)  Wastewater causing a reading on an explosion hazard meter at the point of discharge into the 
POTW, or at any point in the POTW, of more than ten percent (10%) of the Lower Explosive 
Limit of the meter; or 
(19)  Any water or waste exceeding the limits for the following substances that are expressed in the 
total form except if otherwise stated:

Ordinance No. O2026.03
14
Instantaneous Maximum Allowable Discharge Limitations 
Substance 
Effective on January 1, 2005 
Benzene 
35 (ug/l)* 
Chloroform 
2000 (ug/l) 
 
*ug/l = micrograms per liter 
(c)  Wastewater Discharge Permit Required. No person shall discharge nondomestic wastewater unless 
permitted as follows: 
(1)  Direct or indirect discharge from a nondomestic source to the City's sanitary sewer system is 
prohibited without a permit issued by the Public Works Department; and 
(2)  Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored 
in such a manner that they could be discharged to the POTW. No industrial waste or sewage shall 
be discharged to a storm sewer culvert, collection system or waters of the state unless properly 
permitted. 
Sec. 27-11. - National categorical pretreatment standards. 
TheUSERS MUST COMPLY WITH THE categorical pretreatment standards WHICH ARE found at 
40 CFR Chapter I, Subchapter N, Parts 405-471 are hereby incorporated BY THIS REFERENCE. 
(1)  Where a categorical pretreatment standard is expressed only in terms of either the mass or the 
concentration of a pollutant in wastewater, the Public Works Director may impose equivalent 
concentration or mass limits in accordance with 40 CFR 403.6(c). 
(2)  When wastewater subject to a categorical pretreatment standard is mixed with wastewater not 
regulated by the same standard, the Public Works Director shall impose an alternate limit using 
the combined wastestream WASTE STREAM formula in 40 CFR 403.6(e). 
(3)  A user may obtain a variance from a categorical pretreatment standard, pursuant to the 
procedural and substantive provisions in 40 CFR 403.13. 
(4)  A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 
403.15. 
Sec. 27-21. - Pretreatment facilities. 
FOR THE PURPOSES OF THIS ARTICLE, A PRETREATMENT FACILITY (FACILITY) IS ANY 
EQUIPMENT OR TECHNOLOGY THAT IS USED IN THE TREATMENT OR CHARACTERISTIC 
ALTERATION OF WASTEWATER PRIOR TO DISCHARGE IN THE SANITARY SEWER SYSTEM.  
Users shall provide wastewater treatment as necessary to comply with this article and shall achieve 
compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in Section 
27-10 of this article within the time limitations specified by EPA, the state, or the Public Works Director, 
whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and 
maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall 
be submitted to the Public Works Director for review, and shall be acceptable to the Public Works Director

Ordinance No. O2026.03
15
before such facilities are constructed. The review of such plans and operating procedures shall in no way 
relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge in 
compliance with the provisions of this article. 
Sec. 27-22. - Additional pretreatment measures. 
(a)  Whenever deemed necessary, the Public Works Director may require users to restrict their discharge 
during peak flow periods, designate that certain wastewater be discharged only into specific sewers, 
relocate and/or consolidate points of discharge, separate sewage wastestreams WASTE STREAMS 
from industrial wastestreams WASTE STREAMS, and such other conditions as may be necessary to 
protect the POTW and determine the user's compliance with the requirements of this article. 
(b)  The Public Works Director may require any user discharging into the POTW to install and maintain, 
on their property and at their expense, a suitable storage and flow-control facility to ensure equalization 
of flow. A wastewater discharge permit may be issued solely for flow equalization. 
(c)  The Public Works Director is authorized to develop and submit to the City Council for its approval 
by resolution rRules and pProcedures FOR INTERCEPTORS AND TRAPS FOR WASTEWATER 
PRETREATMENT (THE RULES AND PROCEDURES), to require NONDOMESTIC users, AT 
THE USER’S SOLE EXPENSE, to install, clean, maintain, repair and allow inspection of grease, lint, 
and TRAPS/ INTERCEPTORS, sand/oil interceptors, oil/water separators, and hair or grease traps 
TRAPS, CONTROL DEVICES, AND/OR OTHER PRETREATMENT DEVICES as needed 
REQUIRED for the proper handling of wastewater containing excessive amounts of fats, oils, grease, 
lint or sand LINT,  SAND, FOG, OR OTHER POLLUTANTS; except that such interceptors or traps 
shall not be required for residential users. Requirements for the proper handling of fats, oils, grease, 
lint, sand and solids REGARDING THE DEVICES THAT PROPERLY HANDLE THESE 
POLLUTANTS in wastewater are as follows: 
(1)For the food service industry, grease interceptors and grease traps shall be required, installed, and 
maintained as specified in this article and the rules and procedures approved in accordance with 
this section.   For the purposes of improving the sustainability of the City's publicly owned 
treatment works POTW and exploring the development of waste fats, oils and grease FOG FROM 
FOOD SERVICE ESTABLISHMENTS (FSES) as a renewable energy supply, the rRules and 
pProcedures approved in accordance with this section may provide for: 
(i)  Measures to promote compliance with the requirements for installation of grease 
interceptors and grease trapsGREASE CONTROL DEVICES; and 
(ii)  City-procured maintenance and cleaning services for interceptors and trapsGREASE 
CONTROL DEVICES used by food service establishmentsFSES; 
(2)Lint, and sand/oil interceptors and oil/water separators ALL TRAPS, INTERCEPTORS, 
SEPARATORS, AND DEVICES shall be installed in compliance with the Plumbing Code and 
the rules and procedures approved in accordance with this section; andCHAPTER 8 OF THIS 
CODE AND THE RULES AND PROCEDURES; 
(3)  All TRAPS, interceptors, separators and trapsDEVICES shall be of the type and capacity set 
forth by the Rules and Procedures approved in accordance with this section and shall be located 
to be easily accessible for cleaning and inspection. Interceptors, separators and traps shall be 
inspected, cleaned, and repaired regularly by the user at the user's expense in accordance with the 
rules and procedures approved in accordance with this section. The user shall keep records of all 
cleaning, repair and maintenance for at least three (3) years on the site where the interceptor, 
separator or trap is located. Such records shall be available for inspection by the Public Works 
Director upon request.;

Ordinance No. O2026.03
16
(d)
The method for determining the size of traps or interceptors is the drainage fixture unit value. The 
minimum size for all interceptors is a capacity of five hundred (500) gallons and the maximum size 
for all interceptors is a capacity of twenty-five hundred (2,500) gallons. Interceptors must be 
constructed with at least two (2) chambers. Sizing for all traps is a minimum of a fifty (50) gallon per 
minute, one hundred (100) pound capacity with the flow control valve installed in a manner that 
provides access at all times. The appropriate size for interceptors and traps is determined as follows: 
(1) Interceptor Sizing. The interceptor shall be sized using the drainage fixture-unit value as 
defined in the following table. Using the drain outlet or trap size, these sizes are converted 
to discharge rates on the basis that one fixture-unit equals 7.5 gpm. 
Fixture Outlet or 
Trap Size (Inches) 
Drainage 
Fixture-Unit Value 
Gpm Equivalent 
1 ¼ 
1 
7.5 
1 ½ 
2 
15.0 
2 
3 
22.0 
2 ½ 
4 
30.0 
3 
5 
37.5 
4 
6 
45.0 
Floor Drains 
(All Sizes) 
2 
15.0 
Dishwashers 
Double Size 
(2) Calculating Interceptor Size. The formula to calculate the size of the interceptor is: 
a.
Determine total fixture-unit value by multiplying fixture type count by drainage value; 
b.
Total all values; 
c.
Determine total flow by multiplying total value by flow rate of 3 gpm; 
d.
Multiply total flow by 12; and 
e.
Round up to the next nearest size interceptor. 
(3) Requirements for Interceptors. The interceptor shall be: 
a.
A minimum of five hundred (500) gallon capacity, two (2) chamber concrete container 
(fiber glass and/or other type material must be approved by the Public Works Director); 
b.
When calculated to have a capacity of seven hundred fifty (750) gallons or more, the 
interceptor must have three (3) chambers, each with a manway; 
c.
Constructed with inlet piping with a ninety degree (90°) elbow and minimum of an 
eighteen (18) inch down spout;

Ordinance No. O2026.03
17
d.
Constructed with outlet piping with a tee connection and a threaded cover with a 
minimum of an eighteen (18) inch down spout; 
e.
Installed with a two (2) way clean-out within five (5) feet before and five (5) feet after 
the interceptor; and 
f.
Constructed with the appropriate traffic rated cover. The cover(s) must not be marked 
with any wording indicating it is owned by the City of Tempe. 
(4) Grease Trap Installation and Sizing. Grease traps are allowed only when there are four (4) 
or fewer than four (4) fixtures used for food preparation. Any facility installing a dishwasher 
shall install a grease interceptor. For the purpose of sizing a grease trap, a fixture means the 
entire unit, e.g., a three (3) compartment sink is considered one unit. Grease traps must be 
installed as follows: 
a.
A grease trap shall be installed whenever a three (3) compartment sink is required by 
Maricopa County; 
b.
The minimum size grease trap to be installed shall be rated no smaller than fifty (50) 
gallon-per-minute with a one hundred (100) pound grease capacity; and 
c.
A flow restriction valve shall be installed upstream of the grease trap and vented 
properly. If placed below floor level the flow restriction valve must be installed in a 
manner which allows for inspection and maintenance. 
(e)
         (4)    ALL TRAPS, INTERCEPTORS, SEPARATORS, AND DEVICES SHALL FOLLOW 
ALL PROVISIONS AND REQUIREMENTS OF THE RULES AND PROCEDURES.
(D)  Except for domestic sources, users shall not install or replace equipment designed to convert garbage 
or solid waste into liquefied waste and introduce such waste into the POTW by means of a garbage 
grinder/disposal. Disposal of garbage and solid waste shall be disposed of as solid waste. 
(f)
(E)  Users with the potential to discharge flammable substances may be required to install and 
maintain an approved combustible gas detection meter. 
(g)
The Public Works Director may grant a variance of any of the requirements in this section if they find 
and determine that such a variance would not result in any detriment to the POTW. The user may be 
asked to provide facts and circumstances that justify the variance. The user is still required to comply 
with all applicable pretreatment requirements and standards if a variance is granted. The Public Works 
Director has the sole discretion to grant and revoke a variance at any time for any reason. If a variance 
is granted, the Public Works Director may impose conditions, including BMPS and other additional 
mitigation measures, that the user would be required to agree to in writing. 
(F)     A MOBILE FOOD SERVICE UNIT MAY DISCHARGE THEIR WASHWATER UPSTREAM OF 
A FOOD SERVICE ESTABLISHMENTS EXISTING GREASE CONTROL DEVICE ONLY UPON 
PRIOR WRITTEN AUTHORIZATION FROM THE PUBLIC WORKS DIRECTOR. AN 
ESTABLISHMENT IN COMPLIANCE WITH CHAPTER 27 OF THIS CODE SHALL COMPLETE 
AND SUBMIT A COMMISSARY REQUEST ALONG WITH A COPY OF THE MOBILE FOOD 
UNIT’S COMMISSARY AGREEMENT WITH MARICOPA COUNTY. THE CITY WILL APPROVE 
THE REQUEST AND PROVIDE WRITTEN AUTHORIZATION FOR A COMMISSARY 
AGREEMENT BETWEEN THE FOOD SERVICE ESTABLISHMENT AND A MOBILE FOOD 
SERVICE UNIT, AS REQUIRED BY MARICOPA COUNTY’S MOBILE FOOD/SPECIAL EVENTS 
PROGRAM ONLY IF (1) THE PUBLIC WORKS DIRECTOR DETERMINES THAT THE EXISTING 
DEVICE IS IN GOOD CONDITION AND HAS THE CAPACITY TO HANDLE THE ADDITIONAL

Ordinance No. O2026.03
18
VOLUME AND CONTINUE TO OPERATE AS DESIGNED AND IN ACCORDANCE WITH THE 
RULES AND PROCEDURES, AND (2) THE FOOD SERVICE ESTABLISHMENT IS CLEANING 
AND MAINTAINING THE DEVICE AS ESTABLISHED IN THE RULES AND PROCEDURES.
 (G) DENTAL DISCHARGERS SHALL COMPLY WITH ALL APPLICABLE REQUIREMENTS 
OUTLINED IN THE EPA DENTAL AMALGAM RULE UNDER AUTHORITY ESTABLISHED AND 
DEFINED IN 40 CFR 441.  
Sec. 27-23. - Accidental discharge/slug control plans. 
The Public Works(A)  WITHIN THIRTY (30) DAYS OF ISSUING THE INITIAL WASTEWATER 
DISCHARGE PERMIT AND UPON THE RENEWAL OF ANY SUBSEQUENT WASTEWATER 
DISCHARGE PERMIT, tThe Public Works Director shall evaluate whether each significant industrial user 
(SIU), and other users as may be designated by the Public Works Director, needs an accidental 
discharge/slug control plan within thirty (30) days of issuing the initial wastewater discharge permit and 
upon the renewal of any subsequent wastewater discharge permit.. The Public Works Director may require 
any user to develop, submit for approval, and implement such a plan. 
(B)  An accidental discharge/slug control plan shall address, at a minimum, the following: 
(1)  Description of discharge practices, including nonroutine batch discharges; 
(2)  Description of stored chemicals; 
(3)  Procedures for immediately notifying the Public Works Director of any accidental or slug 
discharge, as required by Section 27-56 of this article; and 
(4)  Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures 
include, but are not limited to, inspection and maintenance of storage areas, handling and transfer 
of materials, loading and unloading operations, control of plant site runoff, worker training, 
building of containment structures or equipment, measures for containing toxic organic pollutants 
including solvents, and/or measures and equipment for emergency response. 
Sec. 27-32. - Wastewater discharge permit requirement. 
(a)  A permit to discharge wastewater to the City's sanitary sewer system is MAY BE issued to all 
nondomestic users who FALL UNDER THE PRETREATMENT PROGRAM OR meet the 
requirements of this section. 
(b)    Before THE PUBLIC WORKS DIRECTOR MAY REQUIRE NONDOMESTIC USERS WHO 
MEET THE REQUIREMENTS OF THIS SECTION TO COMPLETE AND SUBMIT A NOTICE 
OF INTENT (NOI) TO DISCHARGE BEFORE discharging directly or indirectly to the City's sanitary 
sewer system, all nondomestic users shall complete and submit to the Public Works Director a notice 
of intent (NOI) to discharge. The NOI shall be submitted on a form provided by the Public Works 
Department and shall include the following information: 
(1)  Business name; 
(2)  Business address; 
(3)  Business owner; 
(4)   Owner's mailing address;
(54)  Type of business; 
(65)  Business premise status; and

Ordinance No. O2026.03
19
(7) (6)   A statement signed by the business owner or operator certifying that the user understands the 
requirements of this section and has a system in place to ensure the requirements of this section 
are met. 
(c)  All nondomestic users discharging pursuant to this section shall: 
(1)  Comply with all applicable state and federal laws, including the Clean Water Act (33 United 
States Code § 1251 et seq.) and the general pretreatment regulations (40 Code of Federal 
Regulations Part 403); 
(2)  Not introduce pollutants into the publicly owned treatment works that will interfere with its 
operation and efficient functioning of the system; 
(3)  Conduct periodic CLEANING AND maintenance of the private system including but not limited 
to cleaning all pretreatment devices AND EQUIPMENT in accordance with the Public Works 
Department policies and Section 27-22 of this article; 
(4)  Take all necessary actions to prevent the discharge of sewage from the user's private system. If 
a sanitary sewer overflow (SSO) occurs, the user shall mitigate the SSO and properly sanitize any 
area that could create a public health hazard; and 
(5)  Notify the Public Works Department immediately if an SSO enters the public right-of-way and 
comply with Section 27-197 of this chapter. 
(d)  No significant industrial user (SIU) shall discharge wastewater into the POTW without first obtaining 
a Class I wastewater discharge permit from the Public Works Director, except that a SIU that has filed 
a timely application pursuant to Section 27-33 of this article may continue to discharge for the time 
period specified therein. 
(e)  The Public Works Director may require other users to obtain a Class II, III, or IV wastewater discharge 
permits as necessary to carry out the purposes of this article. 
(f)  Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation 
of this article and subjects the wastewater discharge permittee to the sanctions set out in Divisions 10 
through 12 of this article. Obtaining a wastewater discharge permit does not relieve a permittee of its 
obligation to comply with all federal and state pretreatment standards or requirements or with any 
other requirements of federal, state, and local law. 
Sec. 27-36. - Application signatories and certification. 
(a)  All wastewater discharge permit applications and user reports must be signed by an authorized 
representative of the user 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." 
(B)
IF THE DESIGNATION OF AN AUTHORIZED REPRESENTATIVE IS NO LONGER 
ACCURATE BECAUSE A DIFFERENT INDIVIDUAL OR POSITION HAS RESPONSIBILITY FOR 
THE OVERALL OPERATION OF THE FACILITY OR OVERALL RESPONSIBILITY FOR 
ENVIRONMENTAL MATTERS FOR THE COMPANY, A NEW WRITTEN AUTHORIZATION 
SATISFYING THE REQUIREMENTS OF THIS SECTION MUST BE SUBMITTED TO THE PUBLIC

Ordinance No. O2026.03
20
WORKS DIRECTOR PRIOR TO OR TOGETHER WITH ANY REPORTS TO BE SIGNED BY AN 
AUTHORIZED REPRESENTATIVE.
(bC)  The person signing the permit application and/or user permit shall sign on behalf of the user and 
together with the user will be and remain personally liable until properly replaced by another person 
indicating themselves to be the authorized representative or user responsible for the operation of the 
facility either upon a new permit or transfer pursuant to Section 27-45. 
Sec. 27-42. - Wastewater discharge permit contents. 
A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by 
the Public Works Director to prevent pass through or interference, protect the quality of the water body 
receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and 
disposal, and protect against damage to the POTW. 
(1)  Wastewater discharge permits for SIUs must contain and for all other users permitted by the Public 
Works Director may contain: 
a.  A statement that indicates wastewater discharge permit duration, which in no event shall 
exceed five (5) years; 
b.  A statement that the wastewater discharge permit is nontransferable without prior 
notification to the Public Works Director in accordance with Section 27-45 of this article, 
and provisions for furnishing the new owner or operator with a copy of the existing 
wastewater discharge permit; 
c.  Effluent limits, INCLUDING BEST MANAGEMENT PRACTICES, based on applicable 
pretreatment standards; 
d.  Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These 
requirements shall include an identification of pollutants (OR BEST MANAGEMENT 
PRACTICES) to be monitored, sampling location(s), sampling frequency, and sample 
type(s) based on federal, state, and local law; and 
e.  A statement of applicable civil and criminal penalties for violation of pretreatment standards 
and requirements, and any applicable compliance schedule. Such schedule may not extend 
the time for compliance beyond that required by applicable federal, state, or local law. 
F. 
A 
STATEMENT 
AUTHORIZING 
THE 
PUBLIC 
WORKS 
DIRECTOR 
TO 
ADMINISTRATIVELY EXTEND AN EXPIRING, OR EXPIRED, DISCHARGE PERMIT 
FOR A DURATION NOT TO EXCEED FIVE (5) YEARS OF ITS EFFECTIVE DATE. 
G.  REQUIREMENTS TO CONTROL SLUG DISCHARGE, IF DETERMINED BY THE 
PUBLIC WORKS DIRECTOR TO BE NECESSARY.
(2)  Wastewater discharge permits may contain the following conditions: 
a.  Limits on the average and/or maximum rate of discharge, time of discharge, and/or 
requirements for flow regulation and equalization; 
b.  Requirements for the installation of pretreatment technology, pollution control, or 
construction of appropriate containment devices, designed to reduce, eliminate, or prevent 
the introduction of pollutants into the treatment works;

Ordinance No. O2026.03
21
c.  Requirements for the development and implementation of spill control plans or other special 
conditions including management practices necessary to adequately prevent accidental, 
unanticipated, or nonroutine discharges; 
d.  Development and implementation of waste minimization plans to reduce the amount of 
pollutants discharged to the POTW; 
e.  The unit charge or schedule of user charges and fees for the management of the wastewater 
discharged to the POTW; 
f.  Requirements for installation and maintenance of inspection and sampling facilities and 
equipment; 
g.  A statement that compliance with the wastewater discharge permit does not relieve the 
permittee of responsibility for compliance with all applicable federal and state pretreatment 
standards, including those which become effective during the term of the wastewater 
discharge permit; and 
h.  Other conditions as deemed appropriate by the Public Works Director to ensure compliance 
with this article, and state and federal laws, rules, and regulations. 
Sec. 27-46. - Wastewater discharge permit revocation. 
The Public Works Director may revoke a wastewater discharge permit for good cause, including, but 
not limited to, the following reasons: 
(1)  Failure to notify the Public Works Director of significant changes to the wastewater prior to the 
changed discharge; 
(2)  Failure to provide prior notification to the Public Works Director of changed conditions pursuant 
to Section 27-55 of this article; 
(3)  Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit 
application; 
(4)  Falsifying self-monitoring reports AND CERTIFICATION STATEMENTS; 
(5)  Tampering with monitoring equipment; 
(6)  Refusing to allow the Public Works Director timely access to the facility premises and records; 
(7)  Failure to meet effluent limitations; 
(8)  Failure to pay fines; 
(9)  Failure to pay sewer charges; 
(10)  Failure to meet compliance schedules; 
(11)  Failure to complete a wastewater survey or the wastewater discharge permit application; 
(12)  Failure to provide advance notice of the transfer of business ownership of a permitted facility; 
or 
(13)  Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge 
permit or this article. 
Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business 
ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a 
new wastewater discharge permit to that user.

Ordinance No. O2026.03
22
Sec. 27-51. - 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 category 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 Public Works Director 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 Public Works Director 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 shall also give estimates of its anticipated flow and 
quantity of pollutants to be discharged. The Public Works Director may designate in permits issued to 
other users that they must file the reports required by this section. 
(b)  Users described above or designated by the Public Works Director shall submit the information set 
forth below IN THE RESPECTIVE SECTION OF THEIR APPLICATION. 
(1)  Identifying Information. The name and address of the facility, including the name of the operator, 
owner, and SIC number. 
(2)  Environmental Permits. A list of any environmental control permits held by or for the facility. 
(3)  Description of Operations. A brief description of the nature, average rate of production, and 
standard industrial classifications of the operation(s) carried out by such user. This description 
will include a schematic process diagram in relation to a site plan 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 WASTE STREAM 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 Public Works Director, of regulated pollutants in 
the discharge from each regulated process. Instantaneous, daily maximum, and long-term 
average concentrations, or mass, where required, shall be reported. The sample shall be 
representative of daily operations and shall be analyzed in accordance with procedures set 
out in Section 27-60 and 27-61 of this article. 
c.  Sampling must be performed in accordance with procedures set out in Section 27-60 and 27-
61 of this article. 
(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 MUST BE PROVIDED. The completion date in this schedule shall 
not be later than the compliance date established for the applicable pretreatment standard. A 
compliance schedule pursuant to this section must meet the requirements set out in Section 27-52 
of this article.

Ordinance No. O2026.03
23
(8)  Signature and Certification. All baseline monitoring reports must be signed and certified in 
accordance with Section 27-36 of this article. 
Sec. 27-52. - Compliance schedule progress reports. 
The following conditions shall apply to the compliance schedule required by Section 27-51(b)(7) of 
this article: 
(1)  The schedule shall contain progress increments in the form of dates for the commencement and 
completion of major events leading to the construction and operation of additional pretreatment 
required for the user to meet the applicable pretreatment standards (such events include, but are 
not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for 
major components, commencing and completing construction, and beginning and conducting 
routine operation); 
(2)  No increment referred to above shall exceed Nnine (9) months UNLESS APPROVED BY THE 
PUBLIC WORKS DIRECTOR; 
(3)  The user shall submit a progress report to the Public Works Director 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 
(4) In no event shall NO more than Nnine (9) months SHALL elapse between such progress reports 
to the Public Works Director, UNLESS SPECIFICALLY AUTHORIZED BY THE PUBLIC 
WORKS DIRECTOR.  
Sec. 27-54. - Periodic compliance reports. 
(a)  All SIUs and other users as may be designated by the Public Works Director in the user's permit shall, 
at a frequency determined by the Public Works Director 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, such other information as required by the Public Works 
Director and the measured or estimated average and maximum daily flows for the reporting period. IN 
THE CASES WHERE THE PRETREATMENT STANDARD REQUIRES COMPLIANCE WITH A 
BEST MANAGEMENT PRACTICE (BMP) OR POLLUTION PREVENTION ALTERNATIVE, 
THE USER MUST SUBMIT DOCUMENTATION REQUIRED BY THE PUBLIC WORKS 
DIRECTOR OR THE PRETREATMENT STANDARD NECESSARY TO DETERMINE THE 
COMPLIANCE STATUS OF THE USER.  All periodic compliance reports must be signed and 
certified in accordance with Section 27-36 of this article. 
(b)  All wastewater samples must be representative of the user's discharge and obtained and analyzed in 
compliance with Section 27-60 and 27-61. 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 REGULATED pollutant 
AT THE APPROPRIATE SAMPLING LOCATION more frequently than required by the Public 
Works Director, using the procedures prescribed in Section 27-60 and 27-61 of this article, the results 
of this monitoring shall be included in the report. 
Sec. 27-56. - Reports of potential problems. 
(a)  In the case of any discharge, including, but not limited to, accidental discharges, discharges of a 
nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential

Ordinance No. O2026.03
24
problems for the POTW, the user shall immediately telephone and notify the Public Works Director 
of the incident. This notification shall include the location of the discharge, type of waste, 
concentration and volume, if known, and corrective actions taken by the user. 
(b)  Within five (5) days following such discharge, the user shall, unless waived by the Public Works 
Director, submit a detailed written report describing the cause(s) of the discharge and the measures to 
be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user 
of any expense, loss, damage, or other liability which may be incurred as a result of damage to the 
POTW, natural resources, or any other damage to person or property; nor shall such notification relieve 
the user of any fines, penalties, or other liability which may be imposed pursuant to this article. 
(c)  A notice shall be permanently posted on the user's bulletin board or other prominent place advising 
employees whom to call in the event of a discharge described in subsection (a), above. Employers shall 
ensure that all employees, who may cause such a discharge to occur, are advised of the emergency 
notification procedure. 
 (D)  ALL USERS ARE REQUIRED TO NOTIFY THE PUBLIC WORKS DIRECTOR IMMEDIATELY 
OF ANY CHANGES AT ITS FACILITY AFFECTING THE POTENTIAL FOR A SLUG 
DISCHARGE. THIS NOTIFICATION SHALL INCLUDE THE CHANGE TO THE WASTE TYPE, 
POTENTIAL CONCENTRATION AND THE VOLUME. 
(E)  NOTIFICATIONS PROVIDED PURSUANT TO THIS ARTICLE 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, NATURAL RESOURCES, OR ANY 
OTHER DAMAGE TO PERSON OR PROPERTY; NOR SHALL SUCH NOTIFICATION 
RELIEVE THE USER OF ANY FINES, PENALTIES, OR OTHER LIABILITY WHICH MAY BE 
IMPOSED PURSUANT TO THIS ARTICLE. 
Sec. 27-57. - Reports from unpermitted users. 
All users not required to obtain a wastewater discharge permit shall provide appropriate reports and 
surveys to the Public Works Director as AT THE DISCRETION OF the Public Works Director may require. 
Sec. 27-58. - Notice of violation/repeat sampling and reporting. 
If sampling performed by a user indicates a violation, the user must notify the Public Works Director 
within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling 
and analysis and submit the results of the repeat analysis to the Public Works Director within thirty (30) 
days after becoming aware of the violation. The user may not be required to resample if the Public Works 
Director monitors at the user's facility at least once a month, or if the Public Works Director samples 
between the user's initial sampling and when the user OR THE PUBLIC WORKS DIRECTOR receives the 
results of this sampling, OR IF THE PUBLIC WORKS DIRECTOR HAS PERFORMED THE 
SAMPLING AND ANALYSIS IN LIEU OF THE USER. 
Sec. 27-59. - Notification of the discharge of hazardous waste. 
(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 also shall contain the following information to the extent such

Ordinance No. O2026.03
25
information is known and readily available to the user: an identification of the hazardous constituents 
contained in the wastes, an estimation of the mass and concentration of such constituents in the 
wastestreamWASTE STREAM discharged during that calendar month, and an estimation of the mass 
of constituents in the wastestreamWASTE STREAM 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 notification under this paragraph needS TO be submitted only 
once for each hazardous waste discharged. However, notifications of changed conditions must be 
submitted under Section 27-55 of this article. The notification requirement in this section does not 
apply to pollutants already reported by users subject to categorical pretreatment standards under the 
self-monitoring requirements of Sections 27-51, 27-53 and 27-54 of this article. 
(b)  Dischargers are exempt from the requirements of paragraph A, above, 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 wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. 
Subsequent months during which the user discharges additional amounts of such quantities of any 
hazardous waste do not require additional notification. 
(c)  In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics 
of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the 
Public Works Director, the EPA Regional Waste Management Waste Division Director, and state 
hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective 
date 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 article, a permit issued thereunder, or any applicable federal or state law. 
Sec. 27-60. - Sampling and analysis requirements. 
(a)  All samples collected for purposes of analysis to determine compliance with this article must be 
obtained using sampling techniques/procedures as published by the EPA in 40 CFR Part 136, UNLESS 
OTHERWISE 
SPECIFIED 
IN 
AN 
APPLICABLE 
CATEGORICAL 
PRETREATMENT 
STANDARD.  IF 40 CFR PART 136 DOES NOT CONTAIN SAMPLING OR ANALYTICAL 
TECHNIQUES FOR THE POLLUTANT IN QUESTION, OR WHERE THE EPA DETERMINES 
THAT THE PART 136 SAMPLING AND ANALYTICAL TECHNIQUES ARE INAPPROPRIATE 
FOR THE POLLUTANT IN QUESTION, SAMPLING AND ANALYSES SHALL BE 
PERFORMED BY USING VALIDATED ANALYTICAL METHODS OR ANY OTHER 
APPLICABLE SAMPLING AND ANALYTICAL PROCEDURES, INCLUDING PROCEDURES 
SUGGESTED BY THE PUBLIC WORKS DIRECTOR OR OTHER PARTIES APPROVED BY 
EPA. 
(b)  The analysis of all samples in order to be considered for compliance with the requirements of this 
article must be conducted pursuant to the techniques and procedures published by the EPA in 40 CFR 
Part 136 by a laboratory licensed by THROUGH the state of Arizona as an environmental laboratory 
(A.R.S. § 36-495, et seq.) or such other approval authority deemed acceptable AS DETERMINED by 
the Public Works Director.

Ordinance No. O2026.03
26
Sec. 27-61. - Sample collection. 
SAMPLES COLLECTED TO SATISFY REPORTING REQUIREMENTS MUST BE BASED ON DATA 
OBTAINED THROUGH APPROPRIATE SAMPLING AND ANALYSIS PERFORMED DURING THE 
PERIOD COVERED BY THE REPORT, BASED ON DATA THAT IS REPRESENTATIVE OF 
CONDITIONS OCCURRING DURING THE REPORTING PERIOD.
(a)  Except as indicated in subsection (b),) AND (C) below, the user must collect wastewater samples 
using 24-HOUR flow-proportional composite collection SAMPLING techniques, UNLESS TIME-
PROPORTIONAL COMPOSITE SAMPLING OR GRAB SAMPLING IS AUTHORIZED BY THE 
PUBLIC WORKS DIRECTOR. In the event flow proportional sampling is infeasible, the Public 
Works Director may authorize the use of time proportional sampling or a minimum of four (4) grab 
samples where the user demonstrates that this will provide a representative sample of the effluent being 
discharged.   WHERE TIME-PROPORTIONAL COMPOSITE SAMPLING OR GRAB SAMPLING 
IS AUTHORIZED BY THE PUBLIC WORKS DIRECTOR, THE SAMPLES MUST BE 
REPRESENTATIVE 
OF 
THE 
DISCHARGE. 
 
USING 
PROTOCOLS 
(INCLUDING 
APPROPRIATE PRESERVATION) SPECIFIED IN 40 CFR PART 136 AND APPROPRIATE EPA 
GUIDANCE, MULTIPLE GRAB SAMPLES COLLECTED DURING A 24-HOUR PERIOD MAY 
BE COMPOSITED PRIOR TO THE ANALYSIS AS FOLLOWS:  FOR CYANIDE, TOTAL 
PHENOLS, AND SULFIDES THE SAMPLES MAY BE COMPOSITED IN THE LABORATORY 
OR IN THE FIELD; FOR VOLATILE ORGANICS AND OIL AND GREASE, THE SAMPLES 
MAY BE COMPOSITED IN THE LABORATORY.  COMPOSITE SAMPLES FOR OTHER 
PARAMETERS UNAFFECTED BY THE COMPOSITING PROCEDURES AS DOCUMENTED 
IN APPROVED EPA METHODOLOGIES MAY BE AUTHORIZED BY THE PUBLIC WORKS 
DIRECTOR, AS APPROPRIATE.  IN ADDITION, GRAB SAMPLES MAY BE REQUIRED TO 
SHOW COMPLIANCE WITH INSTANTANEOUS LIMITS.    
(b)  Samples for oil and grease, temperature, pH, cyanide, sulfides, TOTAL PHENOLS, VOCs and those 
pollutants and limits set forth in Section 27-10(b)(19) must FOLLOW 40 CFR 403.12(g)(3) AND be 
obtained using DISCRETE (grab) collection techniques unless otherwise specified in the wastewater 
discharge permit.and be obtained using DISCRETE (grab) collection techniques unless otherwise specified 
in the wastewater discharge permit. 
(c)  FOR SAMPLING REQUIRED IN SUPPORT OF BASELINE MONITORING AND 90-DAY 
COMPLIANCE REPORTS REQUIRED IN SECTIONS 27-51 AND 27-53 (40 CFR 403.12(B) AND (D)), 
A MINIMUM OF FOUR (4) GRAB SAMPLES MUST BE USED FOR PH, CYANIDE, TOTAL 
PHENOLS, OIL AND GREASE, SULFIDE AND VOLATILE ORGANIC COMPOUNDS FOR 
FACILITIES FOR WHICH HISTORICAL SAMPLING DATA DO NOT EXIST; FOR FACILITIES FOR 
WHICH HISTORICAL SAMPLING DATA ARE AVAILABLE, THE PUBLIC WORKS DIRECTOR 
MAY AUTHORIZE A LOWER MINIMUM.  FOR THE REPORTS REQUIRED BY SECTION 27-54 
(40 CFR 403.12(E) AND (H)), THE INDUSTRIAL USER IS REQUIRED TO COLLECT THE NUMBER 
OF GRAB SAMPLES NECESSARY TO ASSESS AND ASSURE COMPLIANCE WITH APPLICABLE 
PRETREATMENT STANDARDS AND REQUIREMENTS.  
Sec. 27-63. - Record keeping. 
Users subject to the reporting requirements of this article or by designation of the Public Works 
Director shall retain, and make available for inspection and copying, all records of information obtained 
pursuant to any monitoring activities required by this article or user's permit and any additional records of

Ordinance No. O2026.03
27
information obtained pursuant to monitoring activities undertaken by the user 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 City, or where the user has been specifically notified of a longer 
retention period by the Public Works Director. USERS MUST MAINTAIN RECORDS OF BMP 
COMPLIANCE IN THE SAME WAY ALL OTHER RECORDS ARE MAINTAINED AS PART OF 40 
CFR § 403.12(O).
Sec. 27-71. - Right of entry: inspection and sampling. 
The Public Works Director shall have the right to enter the premises of any user to determine whether 
the user is complying with all requirements of this article and any wastewater discharge permit or order 
issued hereunder. Users shall allow the Public Works Director ready access to all parts of the premises for 
the purposes of inspection, sampling, records examination and copying, and the performance of any 
additional duties. 
(1)  Where a user has security measures in force which PLACE THAT require proper identification 
and clearance before entry into its premises, the user shall make necessary arrangements with its 
security guards PERSONNEL so that, upon presentation of suitable identification, the Public 
Works Director will be permitted to enter without delay for the purposes of exercising all 
inspection and review authorities under this article. 
(2)  The Public Works Director shall have the right to set up on the user's property, or require 
installation of, such devices as are necessary to conduct sampling and/or metering of the user's 
operations. 
(3)  The Public Works Director may require the user to install monitoring and/or measuring 
equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at 
all times in a safe and proper operating condition by the user at its own expense. All devices used 
to measure wastewater flow and quality shall be calibrated annually to ensure their accuracy. 
(4)  Any temporary or permanent obstruction to safe and easy access to the facility to be inspected 
and/or sampled shall be promptly removed by the user at the written or verbal request of the 
Public Works Director and shall not be replaced. The costs of clearing such access shall be borne 
by the user. 
(5)  Unreasonable delays in allowing the Public Works Director access to the user's premises shall 
be a violation of this article. 
(6) PRIOR TO THE INSPECTION, THE USER WILL BE PRESENTED WITH AN NOIR BY THE 
PUBLIC WORKS DIRECTOR EXPLAINING THEIR RIGHTS DURING THE INSPECTION. 
THE USER WILL BE GIVEN THE OPTION TO SIGN THE NOIR FORM AND IF A 
REPRESENTATIVE IS NOT ON SITE THAT WILL BE DOCUMENTED ON THE NOIR 
FORM.  
Sec. 27-82. - Publication of users. 
The Public Works Director shall publish at least annually, in a newspaper of general circulation to 
provide public notice within the area served by the POTW, a list of industrial users which, at any time 
during the previous twelve (12) months, were in significant noncompliance (SNC) with applicable 
pretreatment standards and requirements. Significant noncompliance is determined at the beginning of each 
quarter based on data of the previous six (6) months. The term significant noncompliance shall mean: A

Ordinance No. O2026.03
28
SIGNIFICANT INDUSTRIAL USER (OR ANY INDUSTRIAL USER WHICH VIOLATES (3), (4), OR 
(8) OF THIS SECTION) IS IN SIGNIFICANT NONCOMPLIANCE IF ITS VIOLATION MEETS ONE 
OR MORE OF THE FOLLOWING CRITERIA: 
(1)  Chronic violations of wastewater discharge limits, defined here as those in which sixty-six 
percent (66%) or more of all wastewater measurements taken for the same pollutant parameter 
during a six (6) month period exceed (BY ANY  MAGNITUDE) a numeric pretreatment standard 
or requirement, including instantaneous limits as defined by 40 CFR 403.3(1); 1l); 
(2)  Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent 
(33%) or more of all the measurements taken for the same pollutant parameter during a six (6) 
month period equals or exceeds the product of the numeric pretreatment standard or requirement, 
including instantaneous limits as defined by 40 CFR 403.3(1l) multiplied by the applicable TRC 
(TRC = 1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH); 
(3)  Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(1l) 
(daily maximum, long term average, instantaneous limit, or narrative standard) that the Public 
Works Director determines has caused, alone or in combination with other discharges, 
interference or pass through, including endangering the health of POTW personnel or the general 
public; 
(4)  Any discharge of pollutants that has caused imminent endangerment to human health, welfare 
of the public or to the environment, or has resulted in the Public Works Director's exercise of its 
emergency authority to halt or prevent such a discharge; 
(5)  Failure to meet, within ninety (90) days after the scheduled date, a compliance schedule 
milestone contained in a wastewater discharge permit or enforcement order for starting 
construction, completing construction, or attaining final compliance; 
(6)  Failure to provide within thirty (30) FORTY-FIVE (45) days after the due date, any required 
reports, including but not limited to baseline monitoring reports, ninety (90) day compliance 
reports, periodic self-monitoring reports, and reports on compliance with compliance schedules; 
(7)  Failure to accurately report noncompliance; or 
(8)  Any other violation OR GROUP OF VIOLATIONS, which may include a violation of best 
management practices, that the Public Works Director determines will adversely affect the 
operation or implementation of the local pretreatment program. 
Sec. 27-86. - Notification of violation/ADMINISTRATIVE ORDER. 
When the Public Works Director finds that a person has violated, or continues to violate, any provision 
of this article, a wastewater discharge permit or order issued hereunder, or any other applicable federal, 
state or local pretreatment standard or requirement, the Public Works Director may serve upon that person 
a written Notice of Violation. The Public Works Director in the notice will require the person within ten 
(10) working THIRTY (30) CALENDAR days of the receipt of this notice, to provide in writing to the 
Public Works Director an explanation of the violation and a plan for the satisfactory correction and 
prevention thereof, to include specific actions to be taken by the person in violation to prevent subsequent 
violations. Submission of this plan in no way relieves the person of liability for any violations in the notice 
or that occurred before or after receipt of the Notice of Violation nor limits the Public Works Director's 
authority to take further enforcement actions. Nothing in this section shall limit the authority of the Public 
Works Director to take any action, including emergency actions or any other enforcement action, without 
first issuing a Notice of Violation. In appropriate situations the Public Works Director may notify the person 
orally either in person or by telephone prior to, and in some cases in lieu of, written notification.

Ordinance No. O2026.03
29
Sec. 27-91. - Administrative fines. 
(a)  When the Public Works Director finds that a person has violated, or continues to violate, any provision 
of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment 
standard or requirement, the Public Works Director may fine such person in an amount determined 
pursuant to the City enforcement response plan and penalty policy adopted pursuant to Section 27-95 
OF THIS ARTICLE. For continuing violations, each day may constitute a violation. Such fines shall 
be assessed on a per violation, per day basis. In the case of monthly or other long term LONG-TERM 
average discharge limits, fines shall be assessed for each day during the period of violation. The Public 
Works Director may add the costs of preparing administrative enforcement actions, such as notices 
and orders, to the fine. 
(b)  Unpaid charges, fines, and penalties shall, after thirty (30) calendar days, be assessed an additional 
penalty of ten percent (10%) of the unpaid balance, and interest shall accrue thereafter at a rate of one 
percent (1%) per month or part thereof until paid in full. A lien against the person's property may be 
sought for unpaid charges, fines, and penalties. 
(c)  Persons desiring to dispute such fines must file a written request for the Public Works Director to 
reconsider the fine along with full payment of the fine amount within fifteen (15) days of being notified 
of the fine. Where a request has merit, the Public Works Director may convene a hearing on the matter. 
In the event the person's appeal is successful, the payment, together with any interest accruing thereto, 
shall be returned to the person.PUBLIC WORKS Director PURSUANT TO SECTION 27-96 OF 
THIS ARTICLE. 
(d)  Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other 
action against the person. 
SEC. 27-96. - ADMINISTRATIVE APPEAL.
A PERSON THAT HAS VIOLATED ANY PROVISION OF THIS ARTICLE, WASTEWATER 
DISCHARGE PERMIT, OR ORDER ISSUED HEREUNDER, OR ANY OTHER APPLICABLE 
FEDERAL, STATE OR LOCAL PRETREATMENT STANDARD OR REQUIREMENT MAY 
REQUEST AN ADMINISTRATIVE APPEAL FROM THE PUBLIC WORKS DIRECTOR AND SHOW 
CAUSE WHY THE PROPOSED ENFORCEMENT ACTION SHOULD NOT BE TAKEN. AN 
ADMINISTRATIVE APPEAL SHALL NOT BE A BAR AGAINST, OR PREREQUISITE FOR, 
TAKING ANY OTHER ACTION AGAINST THE PERSON. A REQUEST FOR APPEAL MUST FILE 
A WRITTEN REQUEST FOR THE PUBLIC WORKS DIRECTOR TO RECONSIDER THE FINDING 
OF THE ADMINISTRATIVE ACTION ALONG WITH FULL PAYMENT OF ALL ASSOCIATED 
FINE AMOUNT WITHIN FIFTEEN (15) DAYS OF BEING NOTIFIED OF THE FINE. WHERE A 
REQUEST HAS MERIT, THE PUBLIC WORKS DIRECTOR MAY CONVENE A HEARING ON THE 
MATTER. IN THE EVENT THE PERSON'S APPEAL IS SUCCESSFUL, ANY POINT ASSESSMENT 
UNDER THE ERP SHALL BE REMOVED AND THE PAYMENT, TOGETHER WITH ANY 
INTEREST ACCRUING THERETO, SHALL BE RETURNED TO THE PERSON. 
SEC. 27-97. - PRETREATMENT SETTLEMENT AGREEMENT.  
 
THE PUBLIC WORKS DIRECTOR IS AUTHORIZED A SETTLEMENT WHICH LEGALLY 
DESCRIBES THE DETAILS OF NEGOTIATED AGREEMENTS. THIS SETTLEMENT IS A 
MUTUAL AGREEMENT WHERE THE PUBLIC WORKS DIRECTOR AND AN INDUSTRIAL USER 
NEGOTIATE CIVIL PENALTIES AND RESOLVE DISPUTES PERTAINING TO ANY PROVISION 
OF THIS ARTICLE, A WASTEWATER DISCHARGE PERMIT, OR ORDER ISSUED HEREUNDER,

Ordinance No. O2026.03
30
OR ANY OTHER APPLICABLE FEDERAL, STATE OR LOCAL PRETREATMENT STANDARD OR 
REQUIREMENT. 
Sec. 27-123. - Bypass. 
(a)  For the purposes of this section, 
(1)  "Bypass" means the intentional diversion of wastestreams WASTE STREAMS from any portion 
of a user's treatment facility. 
(2)  "Severe property damage" means substantial physical damage to property, damage to the 
treatment facilities which causes them to become inoperable, or substantial and permanent loss 
of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe 
property damage does not mean economic loss caused by delays in production. 
(b)  A user may allow any bypass to occur which does not cause ANY pretreatment standards or 
requirements to be violated OR HARM TO THE POTW, but only if it also is for essential maintenance 
to assure efficientCRITICAL operation. These bypasses are not subject to the provision of subsections 
(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 Public 
Works Director, at least ten (10) days before the date of the bypass, if possible. 
(2)  A user shall submit oral notice to the Public Works Director 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 also be provided within five (5) days of the time 
the user becomes aware of the bypass. The written submission shall contain a description of the 
bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass 
has not been corrected, the anticipated time it is expected to continue; and steps taken or planned 
to reduce, eliminate, and prevent reoccurrence of the bypass. The Public Works Director 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) (C)
Bypass is prohibited, and the Public Works Director may take an enforcement action against 
a user for a bypass, unless 
a.
(1)  Bypass was unavoidable to prevent loss of life, personal injury, or severe property 
damage; 
b.
(2)  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.
(3)  The user submitted notices as required under subsection (c) of this section. 
(2)
(D)  The Public Works Director may approve an anticipated bypass, after considering its adverse 
effects, if the Public Works Director determines that it will meet the three (3) conditions listed in 
paragraph (dC)(1) of this section. 
Sec. 27-151. -RESERVED Definitions. 
For the purposes of this article, the following words and phrases shall have the meanings respectively 
ascribed to them by this section, unless the context clearly indicates a different meaning:

Ordinance No. O2026.03
31
Building connection or house connection means the connection to the public sewer and the extension 
from the sewer. 
Garbage means solid wastes from the preparation, cooking, dispensing of food and from the handling, 
storage and sale of produce. 
Industrial wastes means the liquid, gaseous or solid wastes produced as a result of any industrial or 
commercial operation. 
Properly shredded garbage means garbage that has been shredded to such a degree that all particles 
will be carried freely under the flow conditions normally prevailing in public sewers, with no particle 
greater than one-fourth (¼) of an inch in any dimension. Devices used to shred garbage shall not be installed 
in commercial or industrial sources. 
Sanitary sewer system means all facilities for collecting, pumping, transporting and treating domestic 
or industrial wastes of any nature, including all such facilities both inside and outside of the City as to which 
the City has an interest in its ownership, operation, control or capacity. 
Standard methods or standard laboratory procedure means the procedure outlined in the latest edition 
of the book, "Standard Methods for the Examination of Water and Sewage," published by the American 
Public Health Association. 
Sec. 27-155. - Enforcement. 
(a)
Except as otherwise provided in this article, The Public Works Director is hereby charged with the 
duty of enforcing this article DIVISION. The Public Works Director shall have the authority to decide 
any question that may arise which is not fully covered by the provisions contained in this article 
DIVISION, and the Director's THEIR decision in such cases shall be final subject only to the general 
discretion of the City Manager. 
(b)  The officers, employees and inspectors of the Public Works Department shall have the right to enter 
upon the premises of any person at reasonable hours to inspect and to determine whether this article is 
being violated. 
(c)  The Public Works Director shall have the authority to approve the design of, issue permits for, and 
conduct inspections of sewer facilities that are to be connected to the City's sanitary sewer system. 
(d)  The design and construction of all sanitary sewers under the jurisdiction of the City must conform to 
the standard sewer design and construction specifications as identified in the Maricopa Association of 
Governments Specifications, Tempe Standard Details, and the Arizona State Health Services Bulletin 
No. 11. 
(e)  The Public Works Director shall incorporate the pertinent requirements of this article into every City 
contract with any POTW user located outside the municipal jurisdiction of the City. Such contracts 
shall also provide for liquidated damages and, if applicable, specific performance as remedies for 
breach of contract. 
(f)  All sewers to be attached directly or indirectly to a City sanitary sewer shall be inspected by personnel 
of the City during construction. No physical alteration of the City's facilities shall commence until an 
inspector is present. No wastewater WASTE WATER shall be discharged into any sewerage facility 
tributary to a City facility prior to obtaining inspections and approval of construction by the City. 
Sec. 27-175. - Maintenance. 
The sewer service customer shall maintain the building connection or house connection at his sole 
expense.  THE BUILDING SERVICE LINE AND PRIVATE MAINS SHALL CONSIST OF ALL 
PIPING, BOTH ON THE OWNER'S PROPERTY AND IN THE CITY RIGHT-OF-WAY, DOWN TO

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AND INCLUDING THE TAP AND TAPPING SADDLE ON THE CITY SEWER MAIN. THE 
PROPERTY OWNER SHALL BE RESPONSIBLE FOR CLEANING, UNSTOPPING, MAINTENANCE 
AND REPAIR OF THE BUILDING SERVICE LINE AND ANY PRIVATE SEWER MAINS FROM 
THE OWNER'S HOME OR BUILDING TO THE PUBLIC SEWER MAIN.
Sec. 27-176. - Control manholes. 
When required by the Public Works Director, the owner of any property served by a building sewer 
carrying industrial wastes shall install a suitable control manhole in the building sewerOR COMPLIANCE 
SAMPLING POINT(S) to facilitate observation and sampling of the wastes. Such manholes when required 
shall be accessible and safely located and shall be constructed in accordance with plans approved by the 
Public Works Director. The manhole shall be installed by the owner at hisTHEIR expense and shall be 
maintained by himTHEM so as to be safe and accessible at all times. 
Sec. 27-192. - When due and payable; disconnection upon delinquency. 
(a)  All persons using the sewerage system of the City shall pay for such service and for the privilege of 
connecting to the sewer at the rates, at the time and under the conditions set forth in this article and 
Resolution 1925 of the City, and shall comply with all regulations set forth in this article relating to 
the use of such sewerage system. 
(b)  Sewer service rental shall be due and payable at the office of the FinancialINTERNAL Services 
Director when the monthly statement is rendered. Payment shall be submitted by the due date printed 
on the monthly statement and shall be delinquent thereafter. If the total bill for any such charge is not 
paid by the date of delinquency, service of all domestic water may be discontinued to such user, and 
additional service charges as specified in Section 33-58 shall be charged and collected plus the total 
amount of the delinquent bill before service is again resumed. 
Sec. 27-194. - Deposit. 
All sewer service users other than property owners shall place a deposit with the City to ensure the 
payment of sewer service rental equal to one (1) month's sewer service rental for the property occupied or 
used by himTHEM. 
Sec. 27-195. - Lien. 
(a)  Unless otherwise prohibited by state law, delinquent sewer service rental shall constitute a lien against 
the property where the services were provided. The procedure to perfect such lien shall be as follows: 
(1)  The Financial INTERNAL Services Director shall give written notice to the owner of the 
property within thirty (30) days after the statement is rendered by either personally serving or 
mailing to such owner at the owner's last-known address by certified or registered mail, or the 
address to which the sewer service rental billing was sent. This written notice shall indicate that 
the City shall impress and secure a lien on the subject property unless the owner brings the 
delinquent bill current within thirty (30) days from service or receipt of the letter, and, in addition, 
pays any penalties that may be due pursuant to Section 27-192. The notice shall also contain a 
statement that the owner may appeal the delinquency to the City Council by filing such appeal 
within the thirty (30) day time period after receipt of such notice. 
(2)  If the owner of the property does not bring the delinquency current or successfully prosecute an 
appeal to the City Council within the thirty (30) days from service or receipt of the registered or 
certified letter, the Financial INTERNAL Services Director shall prepare duplicate copies of a 
notice and claim of lien and file one (1) copy with the county recorder, and within a reasonable 
time thereafter serve or mail by registered or certified mail the remaining copy to the owner of

Ordinance No. O2026.03
33
the property. The notice and claim of lien shall be made under oath by the Financial INTERNAL 
Services Director or his duly authorized representative and shall contain the following: 
a.  A description of the property sufficient for its identification; 
b.  The name of the owner of the property; and 
c.  The amount of the delinquent bill. 
(3)  From and after the date of its recording in the office of the County Recorder, the lien shall attach 
to the property until paid. A sale of the property to satisfy the lien shall be made upon judgment 
of foreclosure and order of sale. The City shall have the right to bring an action to enforce the lien 
in the county superior court at any time after its recording, but failure to enforce the lien by such 
action shall not affect its validity. The recorded notice and claim of lien shall be prima facie 
evidence of the truth of all matter recited therein and of the regularity of all proceedings prior to 
the recording therein. 
(b)  A prior recording for the purposes provided in this section shall not be a bar to a subsequent recording 
of a lien for such purposes, and any number of liens on the same lot or tract of land may be enforced 
in the same action. 
Sec. 27-196. - Sewer charges. 
(a)  It is hereby determined necessary for the protection of the public health, safety and welfare and to 
conform with federal, state and local laws and regulations that a system of charges for sanitary sewer 
system use be established which allocates the cost to each user in such a manner that the allocated 
costs are proportionate to the cost of providing sanitary sewer system service to that user insofar as 
those costs can reasonably be determined. A proportionate charge shall be made to all users that 
discharge wastewater, either directly or indirectly, into the City sanitary sewer system. Such charges 
shall be based on the rates established pursuant to this article. In addition, each user which discharges 
any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge of the 
sanitary sewer system shall pay for such increased costs. 
(b)  There are hereby established the following charges, which are in addition to any other charges set by 
City Code, for sanitary sewer system use: 
(1)  Sewer charge which for the purposes of this division shall mean a charge for the recovery of 
sanitary sewer system operating and maintenance (O&M) costs, treatment costs and monitoring 
and testing costs; and 
(2)  Sewer service charge which for the purposes of this division shall mean a charge for the recovery 
of the costs of capital improvement and replacement in the sanitary sewer system. 
(c)  Users shall be assigned by the Public Works Department to user classifications for billing purposes. 
A sewer bill may be rendered on a monthly, quarterly or annual basis. The bill shall distinguish 
between the sewer charge and the sewer service charge. 
(d)  A schedule of charges for the sewer charge and the sewer service charge shall establish separate 
charges for each user classification established by the Public Works Department as required in 
subsection (c) of this section. The schedule of charges and user classifications may provide for a 
customized industrial user classification in which charges would reflect variations in discharge quality 
and quantity which may be adjusted monthly. Charges shall be designed to recover the cost of 
rendering sanitary sewer services for the year during which the charges shall be in effect. Charges shall 
be established maintaining adequate fund reserves to provide for reasonably expected variations in the 
cost of providing services, as well as variations in the demand for service.

Ordinance No. O2026.03
34
(e)  The FinancialINTERNAL Services Department or the Public Works Department shall annually 
review the sewer charge and the sewer service charge to determine whether any adjustments are 
necessary to properly recover the cost of providing sanitary sewer system services to each user. If any 
adjustments are necessary, the FinancialINTERNAL Services Department or the Public Works 
Department shall submit, in a report to the City Council, a recommended schedule of charges for each 
user classification. The report shall contain data utilized in determining the schedule of charges. The 
City Council at a regular meeting shall adopt a notice of intention to adjust the charges and set a date 
for a public hearing on the proposed adjustment not less than thirty (30) days after the adoption of the 
notice of intention. After the public hearing, the City Council may adopt by resolution the proposed 
adjustment. If adopted, the adjustment shall become effective thirty (30) days after the adoption of the 
resolution (see Appendix A). 
(f)  The sewer charge for each user classification will be determined by the following formula. The sewer 
charge includes two (2) components, a base charge and a rate per 1,000 gallons discharged. [Sewer 
charge = base charge + rate per 1,000 gallons]. 
(1)  The base charge constitutes all monitoring and testing costs, allocated only between industrial 
and commercial users. 
(2)  The rate per 1,000 gallons discharged shall include the following components: 
a.  Operating and maintenance (O&M) costs, allocated by flow between all users: [user flow 
contribution × $/1,000 gallons]. 
b.  Treatment costs allocated by flow between all users: 
i.  [User flow contribution × $/1,000 gallons]. 
ii.  [User biological oxygen demand (BOD) loading × $/1,000 gallons]. 
iii.  [User suspended solids (SS) loading × $/1,000 gallons]. 
(g)  The sewer service charge for each user classification will be determined by the following formula: 
capital improvement and replacement costs allocated by flow between all users. [User flow 
contribution × $/1,000 gallons]. 
(h)  Each user annually, in conjunction with a regular bill, will be given a summary of the sanitary sewer 
system charges and the basis for those charges. 
(i)  The charge system as set forth in this article for use of the sanitary sewer system shall take precedence 
over any terms or conditions of agreements or contracts between the City users which are inconsistent 
with the requirements of Public Law 95-217 and federal regulations issued pursuant thereto. 
(j)  Unless otherwise prohibited by state law, each sewer charge rendered under or pursuant to this article 
is hereby made a lien upon the corresponding lot, parcel of land, building or premises served by a 
connection to the sanitary sewer system of the City. 
(k)  The funds received from the collection of the sewer charge and sewer service charge shall be 
deposited daily by the Financial Services Department into accounts within the water/ wastewater 
enterprise fund for the purpose of paying the costs of the sanitary sewer system including operation, 
maintenance, treatment, monitoring/testing and capital improvement and replacement. 
(l)  Wastewater quantity shall be determined as follows: 
(1)  For industrial users with installed water meters, the charges established in this section shall 
become effective from and after each user's first regular meter reading after the issuance of the 
industrial waste permit.

Ordinance No. O2026.03
35
(2)  Any user who fails or refuses to install a water meter to any source of water supply used, within 
thirty (30) days after written notice by the Public Works Director to do so, shall be charged on 
water usage estimated by the Public Works Director. 
(3)  If a user discharges sanitary sewage, industrial wastes, water or other liquids into the City 
sanitary sewer system, either directly or indirectly, and it can be shown by such party to the 
satisfaction of the Public Works Director that a portion of the water as measured by the water 
meter or meters does not and cannot enter the sanitary sewer system, then the Public Works 
Director may determine in such manner and by such method as the Director THEY may find 
practical the percentage of metered water entering the sanitary sewer system. The quantity of 
water used to determine the sewer charge shall be that percentage, so determined, of the water 
measured by the water meter or meters; or in the case of industrial users, the Public Works 
Director may require or permit the installation of acceptable additional water or sewer meters at 
the user'sSUCH PARTY'S expense and in such a manner as to determine the quantity of water 
actually entering the sanitary sewer system as so determined. If such additional water or sewer 
meters are installed, an additional charge may be made to cover the cost of reading and computing 
the flow of each such meter and such additional charge shall be added to each sewer charge bill 
rendered. 
(4)  After the installation of the measuring equipment is approved by the Public Works Director, it 
shall be the obligation of such industrial user to conduct a test on such measuring equipment at 
least once every twelve (12) months to determine its accuracy and the results thereof shall be 
furnished in writing to the Public Works Director. Those users seeking renewal of an industrial 
wastewater discharge permit or an interim industrial wastewater discharge permit shall file the 
results as part of the report required by Section 27-35 or Section 27-51, or both, of this chapter. 
It shall also be the industrial user's responsibility to notify the Public Works Department within a 
reasonable time in advance so that the department may, if it chooses, have a witness present during 
such test. If upon any such test the percentage of accuracy is found to be within the accuracy 
tolerance as established by the manufacturer's specifications, such measuring equipment shall be 
determined to have correctly measured the quantity delivered to the sanitary sewer system. If, 
however, upon any such test the percentage of accuracy is found to be in excess of the accuracy 
tolerance specified by the manufacturer's specifications, then such measuring equipment shall be 
immediately adjusted to register correctly the quantity delivered to the sanitary sewer system. The 
billings to such industrial user shall be adjusted for a period extending back to the time when the 
inaccuracy began, if such time is ascertainable, or for a period extending back one-half (½) of the 
time elapsed since the date of the last test or the date of the last adjustment, if the time is not 
ascertainable. 
(5)  All users for which the water supply is from other suppliers of water shall furnish to the City 
either a certified meter reading of water delivered to its plant or company, or a copy of the billing 
from the water supplier. In this event, the user's charges will be calculated and the same conditions 
will apply as if the City were the supplier of water to the user. 
(6)  For residential and commercial users with installed water meters, the charges established in this 
section shall become effective from and after each user's first regular meter reading. 
(m)  Wastewater quality shall be determined as follows: 
(1)  Testing by direct sampling, utilizing recognized field techniques, equipment and procedures, 
will be used for all industrial users permitted in Article I. The BOD (5) tests shall be considered 
the standard test, however, COD or TOC tests may be substituted in cases where it has been 
determined by the Public Works Director that the BOD (5) test is not representative of actual 
wastewater loading. WastewaterWASTE WATER characteristics shall be determined by the

Ordinance No. O2026.03
36
Public Works Department on the basis of monitored wastewater discharged, a certified statement 
from the user, or on the best available data as to the characteristics of such discharges. 
(2)  Any change in the ongoing process(es) employed by a user contributing industrial waste which 
results in a variation of more than twenty-five percent (25%) in one (1) or more of the effluent 
loading concentrations shall be reported to the Public Works Department within thirty (30) days 
of such change. 
(3)  If it is determined through testing that a variation exists between the user's certified data and the 
discharge characteristics monitored by the Public Works Department, the City may adjust the 
sewer charge based on the monitored data from the original date of certification, unless written 
communication has occurred notifying the department of changes in loading and giving specific 
dates of changes. 
(4)  Designated discharge. Where sampling and gauging of a specific user is not practical for 
physical, economic, safety or other reasons, the Public Works Director may designate values for 
concentrations of the wastes discharged into the sanitary sewer system for all users in the same 
standard industrial classification or subclassification. 
Sec. 27-197. - Reimbursement for remediation. 
(a)  When it is necessary to remediate a private sanitary sewer spill OVERFLOW, release of industrial 
waste, or chemical release that has entered the City's right-of-way, has the potential to enter the public 
right-of-way, or poses a threat to public health, safety and welfare, the property owner or responsible 
party using the property will be issued a written notice ordering the remediation of the area of concern. 
(b)  The property owner or responsible party using the property shall commence the remediation within 
one (1) hour of receiving the written notice ordering remediation. Failure to follow the order to 
remediate within the specified time shall be cause for the City to remediate the City's right-of-way and 
any area that poses a threat to public health, safety and welfare. 
(c)  The property owner or responsible party using the property shall be charged for time and materials 
necessary to remediate the property to the extent necessary to eliminate the threat to public health, 
safety, and welfare and an administrative fee of five percent (5%) of the total remediation costs. 
(d)  Failure to comply with the written order to remediate or failure to reimburse the City for the costs of 
remediation and pay the administrative fee shall be cause for termination of water and sewer services 
to the property.